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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Readiness Investigation
Board Act of 2001''.
SEC. 2. ESTABLISHMENT.
There is established a task force to be known as the ``Military
Readiness Investigation Board'' (hereafter in this Act referred to as
the ``Readiness Board'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment of Members.--(1) The Readiness Board
shall be composed of not more than 12 members, who shall be appointed
by the Secretary of Defense.
(2) In selecting persons for appointment as members of the
Readiness Board, the Secretary shall consult with the following members
of Congress:
(A) The chairmen and ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives.
(B) The chairmen and ranking minority members of the
Subcommittees on Defense of the Committees on Appropriations of
the Senate and the House of Representatives.
(b) Qualifications for Appointment.--(1) Members of the Readiness
Board shall be selected from among persons who are experts in analyzing
the military readiness of the Armed Forces, performing statistical
analyses, or applying best business practices that are relevant or
adaptable to readiness-related processes of the Armed Forces.
(2) A member of the Readiness Board shall have or qualify for the
security clearance or clearances appropriate for the performance of the
duties of the Readiness Board.
(3) The Secretary shall seek to appoint to membership on the
Readiness Board retired members of the Armed Forces not on active duty
and civilians in a ratio to each other that the Secretary determines
appropriate for ensuring that military and nonmilitary perspectives are
represented to a significant extent among the members of the Readiness
Board.
(c) Periods of Appointment; Vacancies.--(1) The members of the
Readiness Board shall be appointed for the life of the Readiness Board.
(2) Any vacancy on the Readiness Board shall not affect its powers,
but shall be filled in the same manner as the original appointment.
(d) Time for Initial Appointments.--The members of the Readiness
Board shall be appointed not later than 15 days after the date of the
enactment of this Act.
(e) Chairman.--The Secretary of Defense shall designate one of the
members to be the Chairman of the Readiness Board.
SEC. 4. DUTIES.
(a) In General.--It shall be the duty of the Readiness Board to
conduct a comprehensive investigation of the state of mission readiness
within all combat and combat support commands within the Armed Forces
and to report the results of the investigation to the Secretary of
Defense and to Congress.
(b) Purpose.--The investigation and report of the Board shall be
designed to provide the Secretary of Defense and Congress with an
objective baseline assessment of the current state of the mission
readiness of the Armed Forces so as to guide future appropriations and
authorizations of appropriations for the Department of Defense.
(c) Investigation.--(1) In carrying out the investigation, the
Board shall--
(A) conduct an objective evaluation of the ability of all
combat and combat support elements of the Armed Forces
currently to execute the tasks, at the levels, experienced by
the Armed Forces since the end of the Persian Gulf War and all
of the wartime missions within acceptable timelines and levels
of casualties;
(B) determine whether, and the extent to which,
definitional concepts of combat readiness have changed for
major combat units and supporting elements since 1993;
(C) determine and evaluate prevailing attitudes within the
combat and combat support commands of the Armed Forces
regarding the accuracy of the readiness levels reported for
those commands; and
(D) assess the adequacy of improvements to the readiness
reporting system used within the Department of Defense and
formulate recommendations for actions to improve the system
further, including recommendations relating to the authority of
a commander to adjust the evaluated readiness level of the
commander's unit on the basis of the commander's judgment
rather than the strict application of objective criteria.
(2) In carrying out its duties under this Act, the Readiness
Board--
(A) shall focus on the current state of readiness of the
Armed Forces, but shall also examine--
(i) the trends in readiness for the five years
preceding the year in which the Board is established;
(ii) patterns of deployment of the Armed Forces
during those five years; and
(iii) the readiness trends that are projected in
the future-years defense program submitted to Congress
in that year under section 221 of title 10, United
States Code;
(B) may consider what if any additional equipment and
supplies are needed to improve readiness, but may not consider
any issue regarding the acquisition of major weapon systems for
future use by the Armed Forces; and
(C) shall accept as being appropriate the baseline threat
assessments that are current during the conduct of the
investigation and may not examine or reassess any of the
existing levels of technological, military, or unconventional
threats that the United States and its allies may potentially
confront.
(d) Completion and Report.--(1) Not later than one year after the
date of the enactment of this Act, the Readiness Board shall complete
the investigation and submit, in a classified and an unclassified
version, a report on the results of the investigation to the Secretary
of Defense and to Congress.
(2) The report shall include detailed findings and conclusions,
together with any recommendations for legislation or for administrative
actions that the Board considers appropriate for improving the mission
readiness of the Armed Forces or for improving the evaluation and
reporting of readiness to the Secretary of Defense and to Congress.
SEC. 5. MEETINGS.
(a) Schedule.--(1) The Readiness Board shall meet at the call of
the chairman.
(2) The Readiness Board shall hold its first meeting not later than
15 days after the date on which all members have been appointed.
(b) Quorum.--A majority of the members of the Readiness Board shall
constitute a quorum, but a lesser number of members may take an action
described in section 6(a) as authorized under that section.
SEC. 6. POWERS.
(a) Investigation.--The Readiness Board may, for the purpose of
carrying out this Act, conduct interviews and surveys, hold hearings,
sit and act at times and places, take testimony, and receive evidence
to the extent that the Readiness Board considers appropriate in
carrying out its duties under section 4.
(b) Obtaining Official Data.--The Readiness Board may secure
information necessary to enable the Readiness Board to carry out its
duties directly from any Department of Defense agency, command, or unit
without approval from superior command authorities, including any
classified information commensurate with Readiness Board members'
security clearances.
(c) Administrative Support Services.--Upon the request of the
chairman of the Readiness Board, the Secretary of Defense shall provide
the Readiness Board with administrative support, office space,
transportation and security services necessary for the Readiness Board
to carry out its duties under this Act.
(d) Postal and Printing and Binding Services.--The Readiness Board
may use the United States mails and obtain printing and binding
services in the same manner and under the same conditions as other
departments and agencies of the United States.
SEC. 7. PERSONNEL AND OTHER ADMINISTRATIVE MATTERS.
(a) Compensation of Members.--Each member of the Readiness Board
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 the member is engaged in the
performance of the duties of the Readiness Board.
(b) Travel.--(1) The members of the Readiness Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Readiness Board.
(2) To the maximum extent practicable, the members and employees of
the Readiness Board shall travel on military aircraft, military ships,
military vehicles, or other military conveyances when travel is
necessary in the performance of a duty of the Readiness Board, except
that no such aircraft, ship, vehicle, or other conveyance may be
scheduled primarily for the transportation of any such member or
employee when the cost of commercial transportation is less expensive.
(c) Staff.--(1) The chairman of the Readiness Board may, without
regard to the civil service laws and regulations, appoint and terminate
an executive director, and a staff of not more than 12 additional
persons, if the Readiness Board determines that an executive director
and staff are necessary in order for the Readiness Board to perform its
duties effectively. The employment of an executive director shall be
subject to confirmation by the Readiness Board.
(2) The chairman may fix the compensation of the executive director
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the rate of
pay for the executive director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title.
(d) Detail of Federal Employees.--A Federal Government employee may
be detailed to the Readiness Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege. The Secretary shall ensure that sufficient personnel are
detailed to the Readiness Board to enable the Readiness Board to carry
out its duties effectively.
(e) Additional Administrative Support.--The Secretary of Defense
shall furnish the Readiness Board any administrative and support
services requested by the Readiness Board.
(f) Gifts.--The Readiness Board may accept, use, and dispose of
gifts or donations of services or property.
(g) Funding Sources.--The compensation, travel expenses, and per
diem allowances of members and employees of the Readiness Board shall
be paid out of funds available to the Department of Defense for the
payment of compensation, travel expenses, and per diem allowances,
respectively, of civilian employees of the department. The other
expenses of the Readiness Board shall be paid out of funds available to
the Department of Defense for the payment of similar expenses incurred
by the department.
SEC. 8. TERMINATION.
(a) In General.--Subject to subsection (b), the Readiness Board
shall terminate 30 days after submitting the report under section 4(d).
(b) Temporary Continuation.--(1) To ensure ready accessibility to
informed explanation and discussion of the report and the proceedings
of the Readiness Board, the service of the Chairman of the Readiness
Board and one staff person designated by the Chairman shall continue
until the end of the sixth month that begins after the month in which
Board terminates under subsection (a).
(2) Funds available for the Readiness Board shall be available for
paying the compensation and expenses of the Chairman and the staff
member under section 7 during the period of the continued service of
the Chairman and staff member under paragraph (1).
|
Military Readiness Investigation Board Act of 2001 - Establishes the Military Readiness Investigation Board to conduct a comprehensive investigation of the state of mission readiness within all military combat and combatant support commands and to report investigation results to the Secretary of Defense and Congress. Requires the investigation and report to be designed to provide an objective baseline assessment of readiness to guide future appropriations and authorizations of appropriations for the Department of Defense.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Study Abroad
Program Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) To prepare students for success in the modern global
economy, opportunities for study abroad should be included as
part of a well-rounded education.
(2) Study abroad programs provide students with
unparalleled access to international knowledge, an unmatched
opportunity to learn foreign languages, and a unique
environment for developing cultural understanding, all of which
are knowledge and skills needed in today's global economy.
(3) Less than 2 percent of all enrolled postsecondary
students in the United States study abroad for credit in any
given year, and minority students, first generation college
students, community college students, and students with
disabilities are significantly underrepresented in study abroad
participation.
(4) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program pursuant
to section 104 of the Miscellaneous Appropriations and Offsets
Act, 2004 (division H of Public Law 108-199). Pursuant to its
mandate, the Lincoln Commission submitted to Congress and the
President a report of its recommendations for greatly expanding
the opportunity for students at institutions of higher
education in the United States to study abroad, with special
emphasis on studying in developing nations.
(5) According to the Lincoln Commission, ``[e]xperience
shows that leadership from administrators and faculty will
drive the number of study abroad participants higher and
improve the quality of programs. Such leadership is the only
way that study abroad will become an integral part of the
undergraduate experience.''. A competitive grant program is
necessary to encourage and support such leadership.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that significantly more students have access
to quality study abroad opportunities;
(2) to ensure that the diversity of students studying
abroad reflects the diversity of students and institutions of
higher education in the United States;
(3) to encourage greater diversity in study abroad
destinations by increasing the portion of study abroad that
takes place in nontraditional study abroad destinations,
especially in developing countries; and
(4) to encourage a greater commitment by institutions of
higher education to expand study abroad opportunities.
SEC. 4. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
Section 741 of the Higher Education Act of 1965 (20 U.S.C. 1138) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (12) and (13) as
paragraphs (13) and (14), respectively; and
(B) by inserting after paragraph (11) the
following:
``(12) awarding grants under the Senator Paul Simon Study
Abroad Program described in subsection (g);''; and
(2) by adding at the end the following:
``(g) Senator Paul Simon Study Abroad Program.--
``(1) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101(a).
``(B) National of the united states.--The term
`national of the United States' means a national of the
United States or an alien lawfully admitted for
permanent residence (as those terms are defined in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)).
``(C) Nontraditional study abroad destination.--The
term `nontraditional study abroad destination' means a
location that is determined by the Secretary to be a
less common destination for students who study abroad.
``(D) Student.--The term `student' means a national
of the United States who is enrolled at an institution
of higher education located within the United States.
``(E) Study abroad.--The term `study abroad' means
an educational program of study, work, research,
internship, or combination thereof that is conducted
outside the United States and that carries academic
credit.
``(2) Senator paul simon study abroad program.--
``(A) Establishment.--There is established in the
Department a program to be called the `Senator Paul
Simon Study Abroad Program'.
``(B) Objectives.--The objectives of the program
established under subparagraph (A) are, that not later
than 10 years after the date of enactment of the
Senator Paul Simon Study Abroad Program Act of 2017--
``(i) not less than 1,000,000 undergraduate
students will study abroad annually;
``(ii) the demographics of study abroad
participation will reflect the demographics of
the United States undergraduate population by
increasing the participation of
underrepresented groups; and
``(iii) an increasing portion of study
abroad will take place in nontraditional study
abroad destinations, with a substantial portion
of such increases in developing countries.
``(C) Competitive grants to institutions of higher
education.--In order to accomplish the objectives set
forth in subparagraph (B), the Secretary shall award
grants on a competitive basis to institutions of higher
education, individually or in a consortium, based on
applications by the institutions that--
``(i) set forth detailed plans for using
grant funds to further such objectives;
``(ii) include an institutional commitment
to expanding access to study abroad;
``(iii) include plans for evaluating
progress made in increasing access to study
abroad;
``(iv) describe how increases in study
abroad participation achieved through the grant
will be sustained in subsequent years; and
``(v) demonstrate that the programs have
established health and safety guidelines and
procedures.
``(D) Nongovernmental institutions.--Consortia of
institutions of higher education applying for grants
described in subparagraph (C) may include
nongovernmental institutions that provide and promote
study abroad opportunities for students.
``(E) Commission on the abraham lincoln study
abroad fellowship program.--In administering the
program, the Secretary shall take fully into account
the recommendations of the Commission on the Abraham
Lincoln Study Abroad Fellowship Program, established
pursuant to section 104 of the Miscellaneous
Appropriations and Offsets Act, 2004 (division H of
Public Law 108-199).
``(F) Consultation.--In carrying out this
paragraph, the Secretary shall consult with
representatives of diverse institutions of higher
education, educational policy organizations, and others
with appropriate expertise.
``(3) Annual report.--Not later than December 31 of each
year following the date of enactment of the Senator Paul Simon
Study Abroad Program Act of 2017, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report on the implementation of this
subsection during the prior fiscal year.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2018 and each
subsequent fiscal year.''.
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Senator Paul Simon Study Abroad Program Act of 2017 This bill amends the Higher Education Act of 1965 to establish the Senator Paul Simon Study Abroad Program. Under the program, grants may be awarded for providing and expanding study abroad opportunities for undergraduate students.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Peace Officers Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Thousands of fugitives have fled to Mexico to escape
prosecution in the United States, including individuals accused
of murdering peace officers.
(2) The United States should use all reasonable tools
available to encourage foreign countries to change their
extradition policies so that the possibility of capital
punishment or life imprisonment will not interfere with the
timely extradition of fugitives of the United States.
(3) Under Federal law, it is a crime to kill a Federal
peace officer or State or local officers engaged in a Federal
investigation.
(4) Murdering a State or local peace officer and fleeing
the country to avoid prosecution should also be a Federal crime
with the same penalties as the murder of a Federal officer.
(5) State and local prosecutors are the best equipped
prosecutors to prosecute crimes against local and State peace
officers.
(6) Cases involving the murder of local and State peace
officers and subsequent flight to avoid prosecution in the
United States implicate Federal interests, and by providing
Federal jurisdiction in such cases the Federal Government will
be able to provide additional investigatory and prosecutorial
resources.
SEC. 3. ESTABLISHMENT OF FEDERAL CRIME FOR KILLING PEACE OFFICERS AND
TRAVELING IN FOREIGN COMMERCE.
(a) Federal Crime Relating to Peace Officers.--Section 1121 of
title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) Whoever murders a peace officer engaged in, or on account
of the performance of, the official duties of such officer, and moves
or travels in foreign commerce with intent to avoid prosecution or
confinement after conviction of that crime--
``(A) in the case of murder in the first degree, shall be
punished by death or by imprisonment for life (in accordance
with section 1111(b)); and
``(B) in the case of murder in the second degree, shall be
imprisoned for not less than 30 years (notwithstanding section
1111(a)) or for life.
``(2) Whoever, under section 3, is an accessory after the fact with
respect to a violation of paragraph (1) shall be imprisoned for not
less than 15 years.
``(3) Notwithstanding any other provision of law, a term of
imprisonment imposed under this subsection shall be consecutive to any
other sentence of imprisonment imposed by a Federal or State court or
by a court of a foreign state.
``(4) Violations of this section may be prosecuted only after
formal approval in writing, upon consultation with the appropriate
State or local prosecutor, by the Attorney General, the Deputy Attorney
General, the Associate Attorney General, or an Assistant Attorney
General of the United States, which function of approving prosecutions
may not be delegated.
``(5) As used in this subsection, the term `peace officer' means
any officer of the United States, a State, or a political subdivision
of a State who is empowered by law to conduct investigations of or to
make arrests for offenses against the United States, the State, or the
political subdivision.''.
(b) Clerical Amendments.--
(1) The heading for section 1121 of title 18, United States
Code, is amended to read as follows:
``Sec. 1121. Killing persons aiding Federal investigations, killing
State correctional officers, and killing peace
officers''.
(2) The item relating to section 1121 in the table of
sections for chapter 51 of such title is amended to read as
follows:
``1121. Killing persons aiding Federal investigations, killing State
correctional officers, and killing peace
officers.''.
(c) Rule of Construction.--None of the amendments made by this
section shall be construed as altering, limiting, or otherwise
affecting--
(1) the jurisdiction of a State over the investigation or
prosecution of a State crime that is based on the same facts or
elements of a crime described in section 1121(c) of title 18,
United States Code, as amended by this section; and
(2) any role a State may have in negotiations related to
the extradition of a criminal suspect involved in such crime.
SEC. 4. RENEGOTIATION OF THE EXTRADITION TREATY BETWEEN THE UNITED
STATES AND THE UNITED MEXICAN STATES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of State shall notify the Government of Mexico of the
desire of the United States to enter into formal discussions with
respect to the Extradition Treaty between the United States of America
and the United Mexican States, signed in Mexico City on May 4, 1978 (31
UST 5059), and to available actions that the Government of Mexico may
take to persuade the Mexican Supreme Court to reconsider its October
2001 ruling, so that the possibility of a sentence of life imprisonment
will not have an effect on the timely extradition of a criminal suspect
from Mexico to the United States.
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Justice for Peace Officers Act - Amends the federal criminal code to prescribe penalties to be imposed on anyone who: (1) murders a federal, state, or local peace officer engaged in, or on account of the performance of, official duties and moves or travels in foreign commerce with intent to avoid prosecution or confinement after conviction of that crime; or (2) is an accessory after the fact to such a crime.
Authorizes the prosecution of such violations only after formal approval in writing, upon consultation with the appropriate state or local prosecutor, by the Attorney General, Deputy Attorney General, Associate Attorney General, or Assistant Attorney General.
Directs the Secretary of State to notify the Mexican government of the desire of the United States to enter into formal discussions regarding the Extradition Treaty between the United States of America and the United Mexican States, signed in Mexico City on May 4, 1978, and available actions that the Mexican government may take to persuade the Mexican Supreme Court to reconsider its October 2001 ruling, so that the possibility of a sentence of life imprisonment will not have an effect on the timely extradition of a criminal suspect from Mexico to the United States.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast and Cervical Cancer Treatment
Act of 1998''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CERVICAL CANCER
PATIENTS.
(a) Coverage as Optional Categorically Needy Group.--Section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) is amended--
(1) in subclause (XIII), by striking ``or'' at the end;
(2) in subclause (XIV), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(XV) who are described in
subsection (aa)(1) (relating to certain
breast or cervical cancer patients);''.
(b) Group and Benefit Described.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following:
``(aa)(1) Individuals described in this paragraph are individuals
who--
``(A) are not described in subsection (a)(10)(A)(i);
``(B) have not attained age 65;
``(C) satisfy income and resource requirements to be
treated as a low-income woman for purposes of being given
priority under section 1504 of the Public Health Service Act
(42 U.S.C. 300n); and
``(D) are not otherwise covered under creditable coverage,
as defined in section 2701(c) of the Public Health Service Act
(45 U.S.C. 300gg(c)).
``(2) For purposes of this title, the term `breast or cervical
cancer-related treatment services' means services that are medically
necessary or appropriate for the treatment of breast or cervical cancer
and complications arising from such treatment and for which medical
assistance is made available under the State plan to individuals
described in subsection (a)(10)(A)(i).''.
(c) Presumptive Eligibility.--
(1) In general.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by inserting after section
1920A the following:
``presumptive eligibility for certain breast or cervical cancer
patients
``Sec. 1920B. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance for breast or
cervical cancer-related treatment services available to an individual
described in section 1902(aa)(1) (relating to certain breast or
cervical cancer patients) during a presumptive eligibility period.
``(b) Definitions.--For purposes of this section:
``(1) Presumptive eligibility period.--The term
`presumptive eligibility period' means, with respect to an
individual described in subsection (a), the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the individual is described in
section 1902(aa)(1), and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of such
individual for services under the State plan,
or
``(ii) in the case of such an individual
who does not file an application by the last
day of the month following the month during
which the entity makes the determination
referred to in subparagraph (A), such last day.
``(2) Qualified entity.--
``(A) In general.--Subject to subparagraph (B), the
term `qualified entity' means any entity that--
``(i) is eligible for payments under a
State plan approved under this title and
provides breast or cervical cancer-related
treatment services; and
``(ii) is determined by the State agency to
be capable of making determinations of the type
described in paragraph (1)(A).
``(B) Regulations.--The Secretary may issue
regulations further limiting those entities that may
become qualified entities in order to prevent fraud and
abuse and for other reasons.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a State from
limiting the classes of entities that may become
qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c) Administration.--
``(1) In general.--The State agency shall provide qualified
entities with--
``(A) such forms as are necessary for an
application to be made by an individual described in
subsection (a) for medical assistance under the State
plan, and
``(B) information on how to assist such individuals
in completing and filing such forms.
``(2) Notification requirements.--A qualified entity that
determines under subsection (b)(1)(A) that an individual
described in subsection (a) is presumptively eligible for
medical assistance for breast or cervical cancer-related
treatment services under a State plan shall--
``(A) notify the State agency of the determination
within 5 working days after the date on which
determination is made, and
``(B) inform such individual at the time the
determination is made that an application for medical
assistance under the State plan is required to be made
by not later than the last day of the month following
the month during which the determination is made.
``(3) Application for medical assistance.--In the case of
an individual described in subsection (a) who is determined by
a qualified entity to be presumptively eligible for medical
assistance for breast or cervical cancer-related treatment
services under a State plan, the individual shall apply for
medical assistance under such plan by not later than the last
day of the month following the month during which the determination is
made.
``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance for breast or cervical cancer-related treatment
services that--
``(1) are furnished to an individual described in
subsection (a)--
``(A) during a presumptive eligibility period,
``(B) by an entity that is eligible for payments
under the State plan; and
``(2) are included in the care and services covered by the
State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903(a)(5)(B).''.
(2) Presumptive eligibility conforming amendments.--
(A) Section 1902(a)(47) of the Social Security Act
(42 U.S.C. 1396a(a)(47)) is amended by inserting before
the semicolon at the end the following: ``and provide
for making medical assistance for breast or cervical
cancer-related treatment services available to
individuals described in subsection (a) of section
1920B during a presumptive eligibility period in
accordance with such section''.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended--
(i) by striking ``or for'' and inserting
``, for''; and
(ii) by inserting before the period the
following: ``, or for medical assistance for
breast or cervical cancer-related treatment
services provided to an individual described in
subsection (a) of section 1920B during a
presumptive eligibility period under such
section''.
(d) Enhanced Match.--Section 1903(a)(5) of the Social Security Act
(42 U.S.C. 1396b(a)(5)) is amended--
(1) by striking ``an'' and inserting ``(A) an'';
(2) by adding ``plus'' after the semicolon; and
(3) by adding at the end the following:
``(B) an amount equal to 75 percent of the sums expended
during such quarter which are attributable to the offering,
arranging, and furnishing (directly or on a contract basis) of
breast or cervical cancer-related treatment services; plus''.
(e) Limitation on Benefits.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter
following subparagraph (F)--
(1) by striking ``and (XIII)'' and inserting ``(XIII)'';
and
(2) by inserting before the semicolon at the end the
following: ``, and (XIV) the medical assistance made available
to an individual described in subsection (aa)(1) who is
eligible for medical assistance only because of subparagraph
(A)(ii)(XV) shall be limited to medical assistance for breast
or cervical cancer-related treatment services''.
(f) Conforming Amendments.--Section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph
(1)--
(1) in clause (x), by striking ``or'' at the end;
(2) in clause (xi), by adding ``or'' at the end; and
(3) by inserting after clause (xi) the following:
``(xii) individuals described in section 1902(aa)(1),''.
(g) Effective Date.--The amendments made by this section apply to
medical assistance furnished on or after October 1, 1998, without
regard to whether or not final regulations to carry out such amendments
have been promulgated by such date.
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Breast and Cervical Cancer Treatment Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available to certain low-income women without creditable coverage during a presumptive eligibility period. Provides for an enhanced match with regard to such treatment services.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Consumption Act of
2007''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the food and beverage industries are a significant part
of our national economy;
(2) the activities of manufacturers and sellers of foods
and beverages substantially affect interstate and foreign
commerce;
(3) a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity is based on a
multitude of factors, including genetic factors and the
lifestyle and physical fitness decisions of individuals, such
that a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity cannot be
attributed to the consumption of any specific food or beverage;
and
(4) because fostering a culture of acceptance of personal
responsibility is one of the most important ways to promote a
healthier society, lawsuits seeking to blame individual food
and beverage providers for a person's weight gain, obesity, or
a health condition associated with a person's weight gain or
obesity are not only legally frivolous and economically
damaging, but also harmful to a healthy America.
(b) Purpose.--The purpose of this Act is to allow Congress, State
legislatures, and regulatory agencies to determine appropriate laws,
rules, and regulations to address the problems of weight gain, obesity,
and health conditions associated with weight gain or obesity.
SEC. 3. PRESERVATION OF SEPARATION OF POWERS.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
(c) Discovery.--
(1) Stay.--If, in an action filed after May 7, 2007, a
party files a motion asserting that some or all claims raised
in a complaint are subject to dismissal pursuant to this Act,
or notifies the court that it intends to file such a motion in
a timely manner, no person shall be required before the court's
final decision on such motion to respond to any discovery
request or otherwise provide any party with any documents, data
compilations, tangible things, testimony, admissions,
information regarding potential evidence or witnesses, or other
information unless the court finds upon motion of any party
that a response to a particularized discovery request is
necessary to preserve evidence or to prevent undue prejudice to
that party.
(2) Responsibility of parties.--During the pendency of any
stay of discovery under paragraph (1), the responsibilities of
the parties with regard to the treatment of all documents, data
compilations (including electronically recorded or stored
data), and tangible objects shall be governed by applicable
Federal or State rules of civil procedure. A party aggrieved by
the failure of an opposing party to comply with this paragraph
shall have the applicable remedies made available by such
applicable rules, provided that no remedy shall be afforded
that conflicts with the terms of paragraph (1).
(3) Expedited consideration.--In any action in which a stay
is entered pursuant to paragraph (1), the court is encouraged
to expedite consideration of the motion to dismiss.
(d) Pleadings.--In any action that is allegedly of the type
described in section 4(5) seeking to impose liability of any kind based
on accumulative acts of consumption of a qualified product, the
complaint initiating such action shall state with particularity for
each defendant and cause of action--
(1) each element of the cause of action and the specific
facts alleged to satisfy each element of the cause of action;
(2) the Federal and State statutes or other laws that
allegedly create the cause of action; and
(3) the section 4(5)(B) exception being relied upon and the
specific facts that allegedly satisfy the requirements of that
exception.
(e) Rule of Construction.--No provision of this Act shall be
construed to create a public or private cause of action or remedy.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' means a person who manufactures, markets,
distributes, advertises, or sells a qualified product in the
person's regular course of trade or business.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is lawfully
engaged in the business of manufacturing the product.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''--
(A) means a food (as defined in section 201(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(f))); and
(B) shall not include a dietary supplement (as
defined in section 201(ff) of the Federal Food, Drug
and Cosmetic Act (21 U.S.C. 321(ff))).
(5) Qualified civil liability action.--
(A) In general.--Subject to subparagraph (B), the
term ``qualified civil liability action''--
(i) means a civil action brought by any
person against a manufacturer, marketer,
distributor, advertiser, or seller of a
qualified product, or a trade association, for
damages, penalties, declaratory judgment,
injunctive or declaratory relief, restitution,
or other relief arising out of, or related to--
(I) a person's accumulated acts of
consumption of a qualified product; and
(II) that person's weight gain,
obesity, or a health condition that is
associated with that person's weight
gain or obesity; and
(ii) includes an action brought by a person
other than the person on whose weight gain,
obesity, or health condition the action is
based, and any derivative action brought by or
on behalf of any person or any representative,
spouse, parent, child, or other relative of
that person.
(B) Exception.--A qualified civil liability action
shall not include--
(i) an action based on allegations of
breach of express contract or express warranty,
provided that the grounds for recovery being
alleged in such action are unrelated to a
person's weight gain, obesity, or a health
condition associated with a person's weight
gain or obesity;
(ii) an action based on allegations that--
(I) a manufacturer or seller of a
qualified product knowingly violated a
Federal or State statute applicable to
the marketing, advertisement, or
labeling of the qualified product with
intent for a person to rely on that
violation;
(II) such person individually and
justifiably relied on that violation;
and
(III) such reliance was the
proximate cause of injury related to
that person's weight gain, obesity, or
a health condition associated with that
person's weight gain or obesity; or
(iii) an action brought by the Federal
Trade Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) or by the
Federal Food and Drug Administration under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product, a person lawfully engaged in the business of
marketing, distributing, advertising, or selling a qualified
product.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers,
marketers, distributors, advertisers, or sellers of a qualified
product.
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Commonsense Consumption Act of 2007 - Prohibits new, and requires dismissal of pending, civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association, for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, parent, child, or other relative of that person.
Excludes from this prohibition any actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Small Business Opportunity
Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``active duty'' has the meaning given that
term in section 101 of title 10, United States Code;
(2) the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator
thereof, respectively;
(3) the term ``member of the Guard or Reserve'' means a
member of a reserve component of the Armed Forces, as defined
in section 101 of title 10, United States Code;
(4) the term ``Secretary'' means the Secretary of Defense;
and
(5) the terms ``service-disabled veteran'', ``small
business concern'', ``small business concern owned and
controlled by service-disabled veterans'', ``small business
concern owned and controlled by veterans'', and ``veteran''
have the meanings given those terms in section 3 of the Small
Business Act (15 U.S.C. 632).
SEC. 3. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL
BUSINESSES.
Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is
amended by adding at the end the following:
``(5) Relief from time limitations.--
``(A) In general.--Any time limitation on any
qualification, certification, or period of
participation imposed under this Act on any program
available to small business concerns shall be extended
for a small business concern that--
``(i) is owned and controlled by--
``(I) a veteran who was called or
ordered to active duty under a
provision of law specified in section
101(a)(13)(B) of title 10, United
States Code, on or after September 11,
2001; or
``(II) a service-disabled veteran
who became such a veteran due to an
injury or illness incurred or
aggravated in the active military,
naval, or air service during a period
of active duty pursuant to a call or
order to active duty under a provision
of law referred to in subclause (I) on
or after September 11, 2001; and
``(ii) was subject to the time limitation
during such period of active duty.
``(B) Duration.--Upon submission of proper
documentation to the Administrator, the extension of a
time limitation under subparagraph (A) shall be equal
to the period of time that such veteran who owned or
controlled such a concern was on active duty as
described in that subparagraph.''.
SEC. 4. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING RELATIONS
BETWEEN EMPLOYERS AND THEIR RESERVE COMPONENT EMPLOYEES.
(a) Study Required.--The Secretary shall conduct a study on options
for promoting positive working relations between employers and Reserve
component employees of such employers, including assessing options for
improving the time in which employers of members of the Guard or
Reserve are notified of the call or order of such members to active
duty other than for training.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the study
conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) describe what measures, if any, are being taken
to inform members of the Guard or Reserve of the
obligations and responsibilities of such members to
their employers;
(B) how effective such measures have been; and
(C) whether there are additional measures that
could be taken to promote positive working relations
between members of the Guard or Reserve and their
employers, including any steps that could be taken to
ensure that employers are timely notified of a call to
active duty.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Small Business and Entrepreneurship of the Senate; and
(2) the Committee on Armed Services and the Committee on
Small Business of the House of Representatives.
SEC. 5. LOANS.
(a) Guard and Reserve Loans.--
(1) In general.--Section 7(b)(3) of the Small Business Act
(15 U.S.C. 636(b)(3)) is amended--
(A) in subparagraph (E), by striking ``$1,500,000''
each place such term appears and inserting
``$2,000,000''; and
(B) by adding at the end the following:
``(G) Notwithstanding any other provision of law, a
loan not greater than $25,000 may be made under this
paragraph without collateral.''.
(2) Loan information.--
(A) In general.--The Administrator and the
Secretary shall develop a joint website and printed
materials providing information regarding any program
for small business concerns that is available to
veterans or Members of the Guard or Reserve.
(B) Marketing.--The Administrator is authorized--
(i) to advertise and promote the program
under section 7(b)(3) of the Small Business Act
jointly with the Secretary and veterans'
service organizations; and
(ii) to advertise and promote participation
by lenders in such program jointly with trade
associations for banks or other lending
institutions.
(b) Study.--
(1) In general.--The Administrator and the Secretary shall
jointly conduct a study of the feasibility of increasing the
utilization of credit unions affiliated with the Department of
Defense in programs administered by the Administrator.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Administrator and the Secretary
shall submit a joint report to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the study
conducted under paragraph (1).
SEC. 6. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS
DEVELOPMENT.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsections (a) and (b), to remain available
until expended--
``(1) $2,000,000 for fiscal year 2008;
``(2) $2,100,000 for fiscal year 2009; and
``(3) $2,200,000 for fiscal year 2010.''.
SEC. 7. INTERAGENCY TASK FORCE.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following:
``(d) Interagency Task Force.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Veterans Small Business Opportunity Act of
2007, the President shall establish an interagency task force
to coordinate the efforts of Federal agencies necessary to
increase capital and business development opportunities for,
and increase the award of Federal contracting and
subcontracting opportunities to, small business concerns owned
and controlled by service-disabled veterans and small business
concerns owned and controlled by veterans (in this section
referred to as the `task force').
``(2) Membership.--The members of the task force shall
include--
``(A) the Administrator, who shall serve as
chairperson of the task force; and
``(B) a representative from--
``(i) the Department of Veterans Affairs;
``(ii) the Department of Defense;
``(iii) the Administration (in addition to
the Administrator);
``(iv) the Department of Labor;
``(v) the General Services Administration;
and
``(vi) the Office of Management and Budget.
``(3) Duties.--The task force shall coordinate
administrative and regulatory activities and develop proposals
relating to--
``(A) increasing capital access and capacity of
small business concerns owned and controlled by
service-disabled veterans and small business concerns
owned and controlled by veterans through loans, surety
bonding, and franchising;
``(B) increasing access to Federal contracting and
subcontracting for small business concerns owned and
controlled by service-disabled veterans and small
business concerns owned and controlled by veterans
through increased use of contract reservations,
expanded mentor-protege assistance, and matching such
small business concerns with contracting opportunities;
``(C) increasing the integrity of certifications of
status as a small business concern owned and controlled
by service-disabled veterans or a small business
concern owned and controlled by veterans;
``(D) reducing paperwork and administrative burdens
on veterans in accessing business development and
entrepreneurship opportunities; and
``(E) making other improvements relating to the
support for veterans business development by the
Federal Government.
``(4) Reporting.--The task force shall submit an annual
report regarding its activities and proposals to--
``(A) the Committee on Small Business and
Entrepreneurship and the Committee on Veterans' Affairs
of the Senate; and
``(B) the Committee on Small Business and the
Committee on Veterans' Affairs of the House of
Representatives.''.
SEC. 8. VETERAN-OWNED BUSINESS DATABASE IMPROVEMENTS.
(a) Elimination of Duplicative Registrations.--Not later than 1
year after the date of enactment of this Act, the Administrator and the
Secretary of Veterans Affairs shall review any registration database
operated by the Administration or the Department of Veterans Affairs
(including the Pro-Net database of the Administration, the Vendor
Information Pages database of the Department of Veterans Affairs, or
any successor to either such database) and take appropriate action to
ensure that one-stop online registration for all such databases is
available to small business concerns owned and controlled by service-
disabled veterans and small business concerns owned and controlled by
veterans seeking to participate in Federal contracting and
subcontracting.
(b) Certification Integrity.--The Administrator and the Secretary
of Veterans Affairs shall establish criteria for the one-stop online
registration described in subsection (a) that are in accordance with
the requirements under any provision of law relating to the definitions
of, certifications by, or representations of status as a small business
concern owned and controlled by service-disabled veterans or a small
business concern owned and controlled by veterans.
SEC. 9. BUSINESS DEVELOPMENT AND MENTOR-PROTEGE ASSISTANCE.
Section 36 of the Small Business Act (15 U.S.C. 657f) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Business Development and Mentor-Protege Assistance.--
``(1) In general.--
``(A) In general.--Subject to subparagraph (B), the
Administrator, in cooperation with the Secretary of
Veterans Affairs, may develop a program for business
development assistance (including mentor-protege
assistance) for small business concerns owned and
controlled by service-disabled veterans (in this
subsection referred to as the `program').
``(B) Condition.--In implementing the program, the
Administrator shall take steps to ensure that the
program helps to expand contracting opportunities for
small business concerns owned and controlled by
service-disabled veterans, while ensuring the continued
success of procurement programs for other small
business concerns.
``(2) Report.--Not later than 1 year after the date of
enactment of the Veterans Small Business Opportunity Act of
2007, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives, a report
regarding--
``(A) the feasibility of establishing and
administering the program; and
``(B) the terms of assistance and internal controls
proposed for the program.''.
SEC. 10. COMPLIANCE WITH EXECUTIVE ORDER 13360.
Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by
inserting after subsection (e), as added by this Act, the following:
``(f) Executive Order 13360.--Implementation of this section shall
be consistent with the requirements of Executive Order 13360 (69 Fed.
Reg. 62549; relating to providing opportunities for service-disabled
veteran-owned businesses), as in effect on October 20, 2004.''.
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Veterans Small Business Opportunity Act of 2007 - Amends the Small Business Act to extend certain small business loan time limits with respect to a small business owned and controlled by: (1) a veteran called to active duty on or after September 11, 2001; or (2) a service-disabled veteran who became disabled due to an injury or illness incurred or aggravated during a period of active duty on or after such date. Extends such time limits by the period that the veteran was on active duty.
Directs the Secretary of Defense to conduct a study for promoting positive working relations between employers and their reserve component employees.
Increases: (1) certain Small Business Administration (SBA) loan limits for small business owners who are members of the National Guard or reserves; and (2) SBA funding for the Office of Veterans Business Development.
Directs the President to establish an interagency task force to coordinate federal efforts to increase capital and business development opportunities for, and increase the award of federal contracting and subcontracting opportunities to, small businesses owned and controlled by disabled veterans and other veterans (businesses).
Requires the SBA Administrator and the Secretary of Veterans Affairs to ensure one-stop online registration for such small businesses.
Authorizes the Secretary to develop business development assistance for such small businesses.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Patient Access and
Effective Drug Enforcement Act of 2014''.
SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT.
(a) Definitions.--
(1) Factors as may be relevant to and consistent with the
public health and safety.--Section 303 of the Controlled
Substances Act (21 U.S.C. 823) is amended by adding at the end
the following:
``(i) In this section, the phrase `factors as may be relevant to
and consistent with the public health and safety' means factors that
are relevant to and consistent with the findings contained in section
101.''.
(2) Imminent danger to the public health or safety.--
Section 304(d) of the Controlled Substances Act (21 U.S.C.
824(d)) is amended--
(A) by striking ``(d) The Attorney General'' and
inserting ``(d)(1) The Attorney General''; and
(B) by adding at the end the following:
``(2) In this subsection, the phrase `imminent danger to the public
health or safety' means that, in the absence of an immediate suspension
order, controlled substances--
``(A) will continue to be intentionally distributed or
dispensed--
``(i) outside the usual course of professional
practice; or
``(ii) in a manner that poses a present or
foreseeable risk of serious adverse health consequences
or death; or
``(B) will continue to be intentionally diverted outside of
legitimate distribution channels.''.
(b) Opportunity To Submit Corrective Action Plan Prior to
Revocation or Suspension.--Subsection (c) of section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended--
(1) by striking the last two sentences in such subsection;
(2) by striking ``(c) Before'' and inserting ``(c)(1)
Before''; and
(3) by adding at the end the following:
``(2) An order to show cause under paragraph (1) shall--
``(A) contain a statement of the basis for the denial,
revocation, or suspension, including specific citations to any
laws or regulations alleged to be violated by the applicant or
registrant;
``(B) direct the applicant or registrant to appear before
the Attorney General at a time and place stated in the order,
but no less than thirty days after the date of receipt of the
order; and
``(C) notify the applicant or registrant of the opportunity
to submit a corrective action plan on or before the date of
appearance.
``(3) Upon review of any corrective action plan submitted by an
applicant or registrant pursuant to paragraph (2), the Attorney General
shall determine whether denial, revocation or suspension proceedings
should be discontinued, or deferred for the purposes of modification,
amendment, or clarification to such plan.
``(4) Proceedings to deny, revoke, or suspend shall be conducted
pursuant to this section in accordance with subchapter II of chapter 5
of title 5. Such proceedings shall be independent of, and not in lieu
of, criminal prosecutions or other proceedings under this title or any
other law of the United States.
``(5) The requirements of this subsection shall not apply to the
issuance of an immediate suspension order under subsection (d).''.
SEC. 3. REPORT TO CONGRESS ON EFFECTS OF LAW ENFORCEMENT ACTIVITIES ON
PATIENT ACCESS TO MEDICATIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs and the Director of
the Centers for Disease Control and Prevention, and in consultation
with the Administrator of the Drug Enforcement Administration and the
Director of National Drug Control Policy, shall submit a report to the
Committees on the Judiciary of the House of Representatives, the
Committee on Energy and Commerce of the House of Representatives, the
Committee on the Judiciary of the Senate, and the Committee on Health,
Education, Labor and Pensions of the Senate identifying--
(1) obstacles to legitimate patient access to controlled
substances;
(2) issues with diversion of controlled substances; and
(3) how collaboration between Federal, State, local, and
tribal law enforcement agencies and the pharmaceutical industry
can benefit patients and prevent diversion and abuse of
controlled substances.
(b) Consultation.--The report under subsection (a) shall
incorporate feedback and recommendations from the following:
(1) Patient groups.
(2) Pharmacies.
(3) Drug manufacturers.
(4) Common or contract carriers and warehousemen.
(5) Hospitals, physicians, and other health care providers.
(6) State attorneys general.
(7) Federal, State, local, and tribal law enforcement
agencies.
(8) Health insurance providers and entities that provide
pharmacy benefit management services on behalf of a health
insurance provider.
(9) Wholesale drug distributors.
Passed the House of Representatives July 29, 2014.
Attest:
KAREN L. HAAS,
Clerk.
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Ensuring Patient Access and Effective Drug Enforcement Act of 2014 - Amends the Controlled Substances Act to define: (1) "factors as may be relevant to and consistent with the public health and safety," for purposes of the Attorney General's determination of whether registering an applicant to manufacture or distribute a controlled substance in schedule I or II is in the public interest, as factors that are relevant to and consistent with the findings of such Act; and (2) "imminent danger to the public health or safety," for purposes of the suspension of such a registration, to mean that in the absence of an immediate suspension order, controlled substances will continue to be intentionally diverted outside of legitimate distribution channels or distributed or dispensed outside the usual course of professional practices or in a manner that poses a present or foreseeable risk of serious adverse health consequences or death. Requires an order to show cause as to why such a registration should not be denied, revoked, or suspended to: (1) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated; (2) direct the applicant or registrant to appear before the Attorney General at a specific place and time within 30 days after receipt of the order; and (3) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before such appearance. Requires the Attorney General, upon review of any such plan, to determine whether denial, revocation, or suspension proceedings should be discontinued or deferred for purposes of modifications to such plan. Makes such requirements inapplicable to the issuance of an immediate suspension order. Directs the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs (FDA) and the Director of the Centers for Disease Control and Prevention (CDC), to submit a report identifying: (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between federal, state, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This title may be cited as the ``Harbor Services Fund Act of
1999''.
SEC. 2. HARBOR SERVICES FEE.
(a) In General.--There is hereby imposed a fee on services provided
to commercial vessels for port use.
(b) Amount of Fee.--The amount of the fee imposed by subsection (a)
shall be based on vessel category and vessel capacity unit in
accordance with the following table:
Vessel Category: Rate of Fee:
Bulker.........................
$0.12 per vessel capacity unit
Tanker.........................
$0.28 per vessel capacity unit
General........................
$2.74 per vessel capacity unit
Cruise.........................
$0.12 per vessel capacity unit.
The aggregate amount of fees imposed under the authority of this
section in a fiscal year shall be sufficient to pay the projected total
expenditures of the Department of the Army, subject to appropriations,
for harbor development, operation, and maintenance for a fiscal year.
If amounts appropriated in any fiscal year are less than the amount
collected in fees for the prior fiscal year, then the rate of the fee
for each vessel category shall be reduced in the year of the
appropriation so as to result in collections not exceeding the total
amount appropriated from the Harbor Services Fund for that fiscal year.
(c) Imposition of Fees.--The fee imposed by subsection (a) shall be
imposed on a voyage basis for commercial vessels and shall be payable
by the operator of a commercial vessel upon the first port use by a
vessel entering a United States port from a foreign port or at the
originating port for domestic voyages.
(d) Authorization of Collection and Appropriation of Fees.--Fees
imposed pursuant to this section may be collected only to the extent
provided in advance in appropriations Acts. Amounts so collected in any
fiscal year shall be available for obligation in the following fiscal
year only to the extent and in the amount provided in advance in the
appropriations Act for such fiscal year. Such fees are authorized to be
appropriated to remain available until expended.
(e) Exemptions.--No fee shall be imposed under this section for
port use--
(1) by the United States or any agency or instrumentality
thereof;
(2) in connection with intraport movements;
(3) in connection with transporting commercial cargo from
the United States mainland to Alaska, Hawaii, or any possession
of the United States for ultimate use or consumption in Alaska,
Hawaii, or any possession of the United States;
(4) in connection with transporting commercial cargo from
Alaska, Hawaii, or any possession of the United States to the
United States mainland, Alaska, Hawaii, or such possession for
ultimate use or consumption in the United States mainland,
Alaska, Hawaii, or such a possession;
(5) in connection with transporting commercial cargo within
Alaska, Hawaii, or a possession of the United States; or
(6) in connection with transporting passengers on United
States flag vessels operating solely within the State waters of
Alaska or Hawaii and adjacent international waters.
(f) Collection of Fee.--The Secretary of the Treasury shall be
responsible for prescribing regulations--
(1) providing for the manner and method of payment and
collection of the fee imposed by this section;
(2) providing for the posting of bonds to secure payment of
such fee; and
(3) exempting any transaction or class of transactions from
such fee where the collection of such fee is not
administratively practical.
(g) Audit of Fees.--The Secretary of the Army shall be responsible
for prescribing regulations--
(1) providing for the remittance or mitigation of penalties
and the settlement or compromise of claims;
(2) providing for a periodic review of amounts collected
under this section to ensure that the fees charged fairly
approximate the cost of services provided to commercial vessels
for port use;
(3) providing for the prospective adjustment of the rate of
the fee for any one or more of the bulker, tanker, or cruise
vessel categories by up to $0.05, or, in the case of the
general vessel category, by up to $0.25, as necessary to fairly
approximate the cost of services provided to commercial vessels
in each vessel category; and
(4) such other regulations as may be necessary to carry out
the purposes of this Act.
SEC. 3. HARBOR SERVICES FUND.
(a) Creation of Fund.--There is hereby established in the Treasury
of the United States a Harbor Services Fund (hereinafter referred to as
the ``Fund'') into which shall be deposited as offsetting receipts all
fees collected under section 2 of this Act and to which shall be
transferred balances in the Harbor Maintenance Trust Fund established
pursuant to 26 U.S.C. 9505.
(b) Purposes.--(1) Subject to subsection (c), amounts in the Fund
may be made available for each fiscal year to pay--
(A) 100 percent of the eligible harbor development costs;
(B) 100 percent of the eligible operations and maintenance
costs assigned to commercial navigation of all ports within the
United States; and
(C) 100 percent of the eligible costs of maintaining the
Federal dredging capability for the Nation.
(2) In addition to the purposes set forth in paragraph (1) of this
subsection, an amount of up to $100,000,000 per fiscal year is
authorized to be appropriated from the Fund for dredging of berthing
areas and construction and maintenance of bulkheads associated with a
Federally authorized project and for all or a portion of the non-
Federal share of project costs of an eligible non-Federal interest
participating in the construction, operation, or maintenance of a
Federally authorized project.
(c) Expenditures From Harbor Services Fund.--(1) Except as provided
in paragraph (2), amounts in the Fund shall be available, as provided
in advance in appropriation Acts, to carry out subsection (b) of this
section and for the payment of expenses incurred in administering the
fee imposed by section 2(a) of this Act. Such amounts are authorized to
be appropriated to remain available until expended.
(2) From the balances transferred to the Harbor Services Fund
pursuant to section 3(a) of this Act, such sums as may be necessary are
hereby reserved to implement legislation to be enacted to establish the
Saint Lawrence Seaway Development Corporation as a performance based
organization.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is permanently repealed upon enactment of an appropriation
Act for fiscal year 2000 authorizing the collection of fees pursuant to
section 2(d) of this Act.
(b) Sections 4461 and 4462 of title 26, United States Code, are
permanently repealed upon enactment of an appropriation Act for fiscal
year 2000 authorizing the collection of fees pursuant to section 2(d)
of this Act.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) The term ``port'' means any channel or harbor (or
component thereof) in the United States which is not an inland
waterway and which is open to public navigation. The term
``port'' does not include any channel or harbor with respect to
which no Federal funds have been used since 1989 for
construction, operation, or maintenance, or which
was deauthorized by Federal law before 1997 or to any channel or harbor
where commercial vessels cannot load or unload cargo or passengers.
(2) The term ``port use'' means the use of a channel by a
commercial vessel for entering and exiting a port for
commercial purposes.
(3) The term ``commercial cargo'' means any cargo
transported on a commercial vessel. The term does not include
bunker fuel, ship's stores, sea stores, or equipment necessary
to the operation of a vessel, or fish or other aquatic animal
life caught and not previously landed on shore.
(4) The term ``commercial vessel'' means any vessel in
excess of 3,000 gross registered tons used in transporting
cargo or passengers by water for compensation or hire, or in
transporting cargo by water in the business of the owner,
lessee, or operator of the vessel. The term does not include
any ferry engaged primarily in the ferrying of passengers
(including their vehicles) between points within the United
States, or between the United States and contiguous countries.
(5) The term ``ferry'' means any vessel which arrives in
the United States on a regular schedule during its operating
season at intervals of at least once each business day.
(6) The term ``vessel capacity unit'' means the unit
measure of vessel capacity represented by net tonnage, or, in
the case of containerships or cruise ships, gross tonnage.
(7) The term ``United States mainland'' means the
contiguous 48 States.
(8) The term ``eligible harbor development costs'' means
the Federal share of the costs associated with construction of
the general navigation features at a harbor or inland harbor
within the United States.
(9) The term ``bulker'' as a vessel category means a
waterborne vessel designed to transport dry bulk cargo,
including self-propelled vessels and non self-propelled
vessels.
(10) The term ``tanker'' as a vessel category means a
waterborne vessel designed to transport liquid bulk cargo,
including self-propelled vessels and non self-propelled
vessels.
(11) The term ``general'' as a vessel category means a
waterborne vessel designed to transport general cargo.
(12) The term ``cruise ship'' as a vessel category means a
waterborne vessel designed to transport fare paying, berthed
passengers.
(13) The term ``eligible non-Federal interest'' means a
non-Federal interest for a Federally authorized navigation
project at a port where the average amount of the harbor
services fee collected over three consecutive fiscal years
exceeds the average Federal expenditures from the Harbor
Services Fund at that port during the same consecutive fiscal
years by $10,000,000.
(14) For purposes of paragraphs (2), (3), and (4) of
section 2(d), the term ``commercial cargo'' does not include
crude oil with respect to Alaska.
SEC. 6. EFFECTIVE DATE.
The fees prescribed pursuant to section 2(a) of this Act shall be
imposed on the owners or operators of commercial vessels beginning on
October 1, 1999.
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Harbor Services Fund Act of 1999 - Imposes a fee on services provided to commercial vessels for port use based on vessel category and vessel capacity as specified under this Act. Requires that the aggregate amount of such fees in a fiscal year be sufficient to pay the projected total expenditures of the Department of the Army for harbor development, operation, and maintenance for a fiscal year.
Requires such fee, with specified exceptions, to be imposed on a voyage basis for such vessels and to be payable by the operator of such a vessel upon entering a U.S. port from a foreign port or at the originating port for domestic voyages.
Establishes the Harbor Services Fund into which all fees collected under this Act shall be deposited as offsetting receipts and to which balances in the Harbor Maintenance Trust Fund shall be transferred. Authorizes amounts in the Fund to be made available for each fiscal year to pay 100 percent of the eligible harbor development costs, the eligible operations and maintenance costs assigned to commercial navigation of all ports within the United States, and the eligible costs of maintaining Federal dredging capability for the Nation. Authorizes, in addition, appropriations of up to $100 million per fiscal year from the Fund for the dredging of berthing areas and construction and maintenance of bulkheads associated with a Federally authorized project and for all or a portion of the non-Federal share of project costs of an eligible non-Federal interest participating in the construction, operation, or maintenance of such a project. Reserves from the balances transferred to the Fund such sums to implement legislation to be enacted to establish the Saint Lawrence Seaway Development Corporation as a performance based organization.
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Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Access Preservation Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. 2 year hold-harmless for sole community hospitals under
outpatient prospective payment schedule.
Sec. 3. 20 percent increase in medicare payment for home health care
furnished in a frontier area.
Sec. 4. Adjustment in critical access hospital bed limit.
Sec. 5. 15 percent increase in medicare payment for hospice care
furnished in a frontier area.
Sec. 6. Treatment of eligibility for hospice care.
SEC. 2. 2 YEAR HOLD-HARMLESS FOR SOLE COMMUNITY HOSPITALS UNDER
OUTPATIENT PROSPECTIVE PAYMENT SCHEDULE.
Section 1833(t)(7)(D) of the Social Security Act (42 U.S.C.
1395l(t)(7)(D)) is amended by adding at the end the following new
clause:
``(iii) Temporary treatment for sole
community hospitals.--In the case of a hospital
described in section 1886(d)(5)(C)(iii), for
covered OPD services furnished during 2003 or
2004 for which the PPS amount is less than the
pre-BBA amount, the amount of payment under
this subsection shall be increased by the
amount of such difference.''.
SEC. 3. 20 PERCENT INCREASE IN MEDICARE PAYMENT FOR HOME HEALTH CARE
FURNISHED IN A FRONTIER AREA.
Section 1895(b)(4)(A) of the Social Security Act (42 U.S.C.
1395fff(b)(4)(A)) is amended by adding at the end the following new
clause:
``(iii) Differential for frontier areas.--
In the case of home health services furnished
in a frontier area on or after January 1, 2003,
and before January 1, 2007, the payment amount
otherwise established for services furnished,
shall be increased by 20 percent. For purposes
of this clause, the term `frontier area' means
a county in which the population density is
less than 7 persons per square mile.''.
SEC. 4. ADJUSTMENT IN CRITICAL ACCESS HOSPITAL BED LIMIT.
(a) In General.--Section 1820(c)(2) of the Social Security Act (42
U.S.C. 1395i-4(c)(2)) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by striking
``subparagraphs (B), (C), and (D)'' and inserting ``the
succeeding provisions of this paragraph'';
(B) in subparagraph (B)(iii), by inserting
``subject to subparagraph (E),'' after ``(iii)''; and
(C) by adding at the end the following new
subparagraph:
``(E) Higher number of beds permitted so long as
annual average of not more than 12 beds.--The 15-bed
limitation specified in subparagraph (B)(iii) and
subsection (f) shall not apply to a hospital that
provides assurances satisfactory to the Secretary that
it will maintain (on an annual basis) an average daily
inpatient census of acute care patients of not more
than 12.''; and
(2) in subsection (f), by inserting ``except as permitted
under subsection (c)(2)(E)'' after ``15 beds''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2003.
SEC. 5. 15 PERCENT INCREASE IN MEDICARE PAYMENT FOR HOSPICE CARE
FURNISHED IN A FRONTIER AREA.
Section 1814(i)(1) of the Social Security Act (42 U.S.C.
1395f(i)(1)) is amended by adding at the end the following new
subparagraph:
``(D) With respect to routine home care and other services included
in hospice care furnished in a frontier area on or after January 1,
2003, and before January 1, 2007, the payment rates otherwise
established for such care and services shall be increased by 15
percent. For purposes of this clause, the term `frontier area' means a
county in which the population density is less than 7 persons per
square mile.''.
SEC. 6. TREATMENT OF ELIGIBILITY FOR HOSPICE CARE.
(a) Deemed Eligibility Based on Death in Fact.--
(1) In general.--Section 1814(i) of the Social Security Act
is amended by adding at the end the following new paragraph:
``(4) For purposes of section 1814(a)(7)(A), the Secretary and a
fiscal intermediary shall not take any action to deny payment for
hospice care for an individual on the basis that the individual is not
terminally ill if the individual dies within 6 months of the date the
individual is initially admitted into the hospice program for the
receipt of hospice care.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2003.
(b) CMS Report.--
(1) In general.--The Administrator of the Centers for
Medicare & Medicaid Services shall evaluate the standards used
by fiscal intermediaries in denying physician certifications
under section 1814(a)(7) of the Social Security Act that an
individual is terminally ill (and thereby making such
individuals ineligible to elect the hospice care alternative)
and the impact of such decisions on length of stay. Such
evaluation shall review the impact of the amendments made by
section 322(a) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-501),
as enacted into law by section 1(a)(6) of Public Law 106-554
and the results of the study conducted under section 322(b) of
such Act of 2000.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, such Administrator shall submit to
Congress a report on such evaluation.
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Medicare Rural Access Preservation Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to covered outpatient department (OPD) services furnished in sole community hospitals during 2003 or 2004, to require that the payment due be increased by the difference between the two amounts whenever the prospective payment system (PPS) amount is less than the pre-BBA amount (the amount determined before enactment of the Balanced Budget Act of 1997).Increases by 20 percent the Medicare payment for home health care furnished in a frontier area during 2003 through 2006.Permits hospitals to increase temporarily above 15 the number of acute care inpatient beds, provided the hospital will maintain an annual average daily inpatient census of not more than 12 beds.Increases by 15 percent the Medicare payment for hospice care furnished in a frontier area during 2003 through 2006.Prohibits the Secretary of Human Services and a fiscal intermediary from taking action to deny payment for hospice care for an individual on the basis that the individual is not terminally ill if the individual dies within six months of the date admitted into the hospice program. Directs the Administrator of the Centers for Medicare and Medicaid Services to evaluate the standards used by fiscal intermediaries in denying a physician certification that an individual is terminally ill.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Board of Veterans' Appeals
Administrative Procedures Improvement Act of 1994''.
SEC. 2. NUMBER OF MEMBERS OF BOARD OF VETERANS' APPEALS.
Section 7101(a) of title 38, United States Code, is amended by
striking out ``(not more than 65)''.
SEC. 3. ETHICAL AND LEGAL LIMITATIONS ON CHAIRMAN.
Section 7101(b)(1) of title 38, United States Code, is amended by
inserting after the first sentence the following new sentence: ``The
Chairman shall be subject to the same ethical and legal limitations and
restrictions concerning involvement in political activities as apply to
judges of the United States Court of Veterans Appeals.''.
SEC. 4. ACTING AND TEMPORARY MEMBERS OF BOARD OF VETERANS' APPEALS.
(a) In General.--Subsection (c) of section 7101 of title 38, United
States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu thereof
the following:
``(1)(A) The Chairman may from time to time designate one or more
employees of the Department to serve as acting members of the Board.
Except as provided in subparagraph (B), any such designation shall be
for a period not to exceed 90 days, as determined by the Chairman.
``(B) An individual designated as an acting member of the Board may
continue to serve as an acting member of the Board in the making of any
determination on a proceeding for which the individual was designated
as an acting member of the Board, notwithstanding the termination of
the period of designation of the individual as an acting member of the
Board under subparagraph (A) or (C).
``(C) An individual may not serve as an acting member of the Board
for more than 270 days during any one-year period.
``(D) At no time may the number of acting members exceed 20 percent
of the total of the number of Board members and acting Board members
combined.'';
(2) by striking out paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking out ``the
number of temporary Board members'' and all that follows through
the period at the end and inserting in lieu thereof ``the number of
acting members of the Board designated under such paragraph (1)
during the year for which the report is made.''.
(b) Conforming Amendments.--(1) Subsection (e) of such section is
amended by striking out ``a temporary or'' and inserting in lieu
thereof ``an''.
(2) Subsection (d)(3)(B) of such section is amended by striking
``section 7103(d)'' and inserting in lieu thereof ``section 7101(a)''.
SEC. 5. CHAIRMAN'S ANNUAL REPORT ON BOARD ACTIVITIES.
Section 7101(d)(2) of title 38, United States Code, is amended--
(1) by striking out ``and'' at the end of subparagraph (D);
(2) by striking out the period at the end of subparagraph (E)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the number of employees of the Department designated
under subsection (c)(1) to serve as acting members of the Board
during that year and the number of cases in which each such member
participated during that year.''.
SEC. 6. DECISIONS BY THE BOARD.
(a) Action By BVA.--Sections 7102 and 7103 of title 38, United
States Code, are amended to read as follows:
``Sec. 7102. Assignment of members of Board
``(a) A proceeding instituted before the Board may be assigned to
an individual member of the Board or to a panel of not less than three
members of the Board. A member or panel assigned a proceeding shall
make a determination thereon, including any motion filed in connection
therewith. The member or panel, as the case may be, shall make a report
under section 7104(d) of this title on any such determination, which
report shall constitute the final disposition of the proceeding by the
member or panel.
``(b) A proceeding may not be assigned to the Chairman as an
individual member. The Chairman may participate in a proceeding
assigned to a panel or in a reconsideration assigned to a panel of
members.
``Sec. 7103. Reconsideration; correction of obvious errors
``(a) The decision of the Board determining a matter under section
7102 of this title is final unless the Chairman orders reconsideration
of the decision in accordance with subsection (b). Such an order may be
made on the Chairman's initiative or upon motion of the claimant.
``(b)(1) Upon the order of the Chairman for reconsideration of the
decision in a case, the case shall be referred--
``(A) in the case of a matter originally heard by a single
member of the Board, to a panel of not less than three members of
the Board; or
``(B) in the case of a matter originally heard by a panel of
members of the Board, to an enlarged panel of the Board.
``(2) A panel referred to in paragraph (1) may not include the
member, or any member of the panel, that made the decision subject to
reconsideration.
``(3) A panel reconsidering a case under this subsection shall
render its decision after reviewing the entire record before the Board.
The decision of the panel shall be made by a majority vote of the
members of the panel. The decision of the panel shall constitute the
final decision of the Board.
``(c) The Board on its own motion may correct an obvious error in
the record, without regard to whether there has been a motion or order
for reconsideration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of such title is amended by striking out the item relating
to section 7103 and inserting in lieu thereof the following:
``7103. Reconsideration; correction of obvious errors.''.
SEC. 7. PROCEDURES RELATING TO APPEALS.
(a) In General.--(1) Section 7107 of title 38, United States Code,
is amended to read as follows:
``Sec. 7107. Appeals: dockets; hearings
``(a)(1) Each case received pursuant to application for review on
appeal shall be considered and decided in regular order according to
its place upon the docket.
``(2) A case referred to in paragraph (1) may, for cause shown, be
advanced on motion for earlier consideration and determination. Any
such motion shall set forth succinctly the grounds upon which it is
based and may not be granted unless the case involves interpretation of
law of general application affecting other claims or for other
sufficient cause shown.
``(b) The Board shall decide any appeal only after affording the
appellant an opportunity for a hearing.
``(c) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such member or members designated by the
Chairman to conduct the hearing shall, except in the case of a
reconsideration of a decision under section 7103 of this title,
participate in making the final determination of the claim.
``(d)(1) An appellant may request that a hearing before the Board
be held at its principal location or at a facility of the Department
located within the area served by a regional office of the Department.
``(2) A hearing to be held within an area served by a regional
office of the Department shall (except as provided in paragraph (3)) be
scheduled to be held in the order in which requests for hearings within
that area are received by the Department.
``(3) In a case in which the Secretary is aware that the appellant
is seriously ill or is under severe financial hardship, a hearing may
be scheduled at a time earlier than would be provided for under
paragraph (2).
``(e)(1) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable an appellant located at a facility within the
area served by a regional office to participate, through voice
transmission or through picture and voice transmission, by electronic
or other means, in a hearing with a Board member or members sitting at
the Board's principal location.
``(2) When such facilities and equipment are available, the
Chairman may afford the appellant an opportunity to participate in a
hearing before the Board through the use of such facilities and
equipment in lieu of a hearing held by personally appearing before a
Board member or panel as provided in subsection (d). Any such hearing
shall be conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing. If the appellant declines to
participate in a hearing through the use of such facilities and
equipment, the opportunity of the appellant to a hearing as provided in
such subsection (d) shall not be affected.''.
(2) The item relating to section 7107 in the table of sections at
the beginning of chapter 71 of such title is amended to read as
follows:
``7107. Appeals: dockets; hearings.''.
(b) Conforming Amendments.--(1) Section 7104(a) of such title is
amended by striking out the third sentence.
(2) Section 7110 of such title is repealed.
(3) The table of sections at the beginning of chapter 71 of such
title is amended by striking out the item relating to section 7110.
SEC. 8. CROSS-REFERENCE CORRECTION.
Section 7104(a) of title 38, United States Code, is amended by
striking out ``211(a)'' and inserting in lieu thereof ``511(a)''.
SEC. 9. REVISION TO INCOME VERIFICATION REQUIREMENTS.
(a) Parents DIC.--Section 1315(e) of title 38, United States Code,
is amended--
(1) in the first sentence--
(A) by striking out ``shall'' and inserting in lieu thereof
``may''; and
(B) by striking out ``each year'' and inserting in lieu
thereof ``for a calendar year''; and
(2) in the second sentence--
(A) by striking out ``file with the Secretary a revised
report'' and inserting in lieu thereof ``notify the
Secretary''; and
(B) by striking out ``the estimated''.
(b) Pension.--Section 1506 of such title is amended--
(1) in paragraph (2)--
(A) by striking out ``shall'' and inserting in lieu thereof
``may''; and
(B) by striking out ``each year'' and inserting in lieu
thereof ``for a calendar year''; and
(2) in paragraph (3)--
(A) by striking out ``file a revised report'' and inserting
in lieu thereof ``notify the Secretary'';
(B) by striking out ``estimated'' each place it appears;
and
(C) by striking out ``such applicant's or recipient's
estimate of''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994 - Amends Federal law pertaining to the Board of Veterans' Appeals to: (1) remove the 65-person limitation for the Board; (2) subject the Chairman of the Board to the same limitations and restrictions concerning involvement in political activities as currently apply to judges of the U.S. Court of Veterans Appeals; (3) allow the Chairman to designate employees of the Department of Veterans Affairs to serve as acting members of the Board for up to 90 days (with other limitations); and (4) include information concerning such acting members and the number of cases they handled in a required report on Board activities.
Allows proceedings assigned to the Board to be assigned to an individual member or a three-member panel for decision. (Current law requires such decisions by a minimum three-member panel.) Sets forth revised provisions relating to: (1) decision reconsideration as ordered by the Chairman; (2) the correction of obvious errors upon Board motion; and (3) appeals procedures.
Allows (current law requires) the Secretary to require a parents' dependency and indemnity compensation recipient or applicant to file an annual income statement. Requires the applicant to notify the Secretary (current law requires a revised report) when there is a material change in the applicant's estimated income for that year. Makes identical changes with respect to a recipient or applicant for veterans' pension benefits.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities of Color Teen Pregnancy
Prevention Act of 2006''.
SEC. 2. COMMUNITY-BASED INTERVENTION PROGRAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall make grants to
public and nonprofit private entities for the purpose of carrying out
projects to prevent teen pregnancies in racial or ethnic minority or
immigrant communities with a substantial incidence or prevalence of
cases of teen pregnancy as compared to the average number of such cases
in communities in the State involved (referred to in this Act as
``eligible communities'').
(b) Requirements Regarding Purpose of Grants.--A grant may be made
under subsection (a) only if, with respect to the expenditure of the
grant to carry out the purpose described in such subsection, the
applicant involved agrees to use one or more of the following
strategies:
(1) Promote effective communication among families about
preventing teen pregnancy, particularly communication among
parents or guardians and their children.
(2) Educate community members about the consequences of
teen pregnancy.
(3) Encourage young people to postpone sexual activity and
prepare for a healthy, successful adulthood.
(4) Provide educational information, including medically
accurate contraceptive information, for young people in such
communities who are already sexually active or are at risk of
becoming sexually active and inform young people in such
communities about the responsibilities and consequences of
being a parent, and how early pregnancy and parenthood can
interfere with educational and other goals.
(c) Utilizing Effective Strategies.--A grant may be made under
subsection (a) only if the applicant involved agrees that, in carrying
out the purpose described in such subsection, the applicant will,
whenever possible, use strategies that have been demonstrated to be
effective, or that incorporate characteristics of effective programs.
(d) Report.--A grant may be made under subsection (a) only if the
applicant involved agrees to submit to the Secretary, in accordance
with the criteria of the Secretary, a report that provides information
on the project under such subsection, including outcomes. The Secretary
shall make such reports available to the public.
(e) Evaluations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall, directly or through
contract, provide for evaluations of six projects under subsection (a),
which evaluations--
(1) describe the activities carried out with the grant; and
(2) how such activities increased education and awareness
services relating to the prevention of teen pregnancy.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $40,000,000
for each of the fiscal years 2007 through 2011.
SEC. 3. SCHOOL-BASED PROJECTS.
(a) In General.--The Secretary may make grants to public and
nonprofit private entities for the purpose of establishing and
operating for eligible communities, in association with public
secondary schools for such communities, projects for one or more of the
following:
(1) To carry out activities, including counseling, to
prevent teen pregnancy.
(2) To provide necessary social and cultural support
services regarding teen pregnancy.
(3) To provide health and educational services related to
the prevention of teen pregnancy.
(4) To promote better health and educational outcomes among
pregnant teens.
(5) To provide training for individuals who plan to work in
school-based support programs regarding the prevention of teen
pregnancy.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to providing for projects under such subsection in
eligible communities.
(c) Required Coalition.--A grant may be made under subsection (a)
only if the applicant involved has formed an appropriate coalition of
entities for purposes of carrying out a project under such subsection,
including--
(1) one or more public secondary schools for the eligible
community involved; and
(2) entities to provide the services of the project.
(d) Training.--A grant under subsection (a) may be expended to
train individuals to provide the services described in paragraphs (1)
and (2) of such subsection for the project involved.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for each of the fiscal years 2007 through 2011.
SEC. 4. MULTIMEDIA CAMPAIGNS.
(a) In General.--The Secretary shall make grants to public and
nonprofit private entities for the purpose of carrying out multimedia
campaigns to provide public education and increase awareness with
respect to the issue of teen pregnancy and related social and emotional
issues.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to campaigns described in such subsection that are
directed toward eligible communities.
(c) Requirements.--A grant may be made under subsection (a) only if
the applicant involved agrees that the multimedia campaign under such
subsection will--
(1) provide information on the prevention of teen
pregnancy;
(2) provide information that identifies organizations in
the communities involved that--
(A) provide health and educational services related
to the prevention of teen pregnancy; and
(B) provide necessary social and cultural support
services; and
(3) coincide with efforts of the National Clearinghouse for
Teen Pregnancy Prevention that are made under section 5(b)(1).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $6,000,000 for
each of the fiscal years 2007 through 2011.
SEC. 5. NATIONAL CLEARINGHOUSE.
(a) In General.--The Secretary shall make grants to a nonprofit
private entity to establish and operate a National Clearinghouse for
Teen Pregnancy Prevention (referred to in this section as the
``Clearinghouse'') for the purposes described in subsection (b).
(b) Purposes of Clearinghouse.--The purposes referred to in
subsection (a) regarding the Clearinghouse are as follows:
(1) To provide information and technical assistance to
States, Indian tribes, local communities, and other public or
private entities to develop content and messages for teens and
adults that address and seek to reduce the rate of teen
pregnancy.
(2) To support parents in their essential role in
preventing teen pregnancy by equipping parents with information
and resources to promote and strengthen communication with
their children about sex, values, and positive relationships,
including healthy relationships.
(c) Requirements for Grantee.--A grant may be made under subsection
(a) only if the applicant involved is an organization that meets the
following conditions:
(1) The organization is a nationally recognized,
nonpartisan organization that focuses exclusively on preventing
teen pregnancy and has at least 10 years of experience in
working with diverse groups to reduce the rate of teen
pregnancy.
(2) The organization has a demonstrated ability to work
with and provide assistance to a broad range of individuals and
entities, including teens; parents; the entertainment and news
media; State, tribal, and local organizations; networks of teen
pregnancy prevention practitioners; businesses; faith and
community leaders; and researchers.
(3) The organization has experience in the use of
culturally competent and linguistically appropriate methods to
address teen pregnancy in eligible communities.
(4) The organization conducts or supports research and has
experience with scientific analyses and evaluations.
(5) The organization has comprehensive knowledge and data
about strategies for the prevention of teen pregnancy.
(6) The organization has experience in carrying out
functions similar to the functions described in subsection (b).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $1,500,000 for
each of the fiscal years 2007 through 2011.
SEC. 6. RESEARCH.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall make grants to public
or nonprofit private entities to conduct, support, and coordinate
research on the prevention of teen pregnancy in eligible communities,
including research on the factors contributing to the disproportionate
rates of teen pregnancy in such communities.
(b) Research.--In carrying out subsection (a), the Secretary shall
support research that--
(1) investigates and determines the incidence and
prevalence of teen pregnancy in communities described in such
subsection;
(2) examines--
(A) the extent of the impact of teen pregnancy on--
(i) the health and well-being of teenagers
in the communities; and
(ii) the scholastic achievement of such
teenagers;
(B) the variance in the rates of teen pregnancy
by--
(i) location (such as inner cities, inner
suburbs, and outer suburbs);
(ii) population subgroup (such as Hispanic,
Asian-Pacific Islander, African-American,
Native American); and
(iii) level of acculturation;
(C) the importance of the physical and social
environment as a factor in placing communities at risk
of increased rates of teen pregnancy; and
(D) the importance of aspirations as a factor
affecting young women's risk of teen pregnancy; and
(3) is used to develop--
(A) measures to address race, ethnicity,
socioeconomic status, environment, and educational
attainment and the relationship to the incidence and
prevalence of teen pregnancy; and
(B) efforts to link the measures to relevant
databases, including health databases.
(c) Priority.--In making grants under subsection (a), the Secretary
shall give priority to research that incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory
research.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $7,500,000 for
each of the fiscal years 2007 through 2011.
SEC. 7. GENERAL REQUIREMENTS.
(a) Medically Accurate Information.--A grant may be made under this
Act only if the applicant involved agrees that all information provided
pursuant to the grant will be age-appropriate, factually and medically
accurate and complete, and scientifically based.
(b) Cultural Context of Services.--A grant may be made under this
Act only if the applicant involved agrees that information, activities,
and services under the grant that are directed toward a particular
population group will be provided in the language and cultural context
that is most appropriate for individuals in such group.
(c) Application for Grant.--A grant may be made under this Act only
if an application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out the program involved.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``eligible community'' has the meaning
indicated for such term in section 2(a).
(2) The term ``racial or ethnic minority or immigrant
communities'' means communities with a substantial number of
residents who are members of racial or ethnic minority groups
or who are immigrants.
(3) The term ``Secretary'' has the meaning indicated for
such term in section 2(a).
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Communities of Color Teen Pregnancy Prevention Act of 2006 - Requires the Secretary of Health and Human Services to make grants for projects to prevent teen pregnancies in racial, ethnic minority, or immigrant communities with a substantial incidence or prevalence of cases of teen pregnancy as compared to the average number of such cases in communities in the state involved.
Allows the Secretary to make grants to: (1) provide necessary social and cultural support services regarding teen pregnancy; (2) provide health and educational services related to the prevention of teen pregnancy; (3) promote better health and educational outcomes among pregnant teens; (4) provide training for individuals who plan to work in school-based support programs regarding the prevention of teen pregnancy; and (5) provide public education and increase awareness with respect to the issue of teen pregnancy and related social and emotional issues.
Requires the Secretary to make grants to establish and operate a National Clearinghouse for Teen Pregnancy Prevention.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to conduct, support, and coordinate research on the prevention of teen pregnancy in such communities.
Allows a grant to be made under this Act only if the applicant agrees that: (1) all information provided pursuant to the Act will be age-appropriate, factually and medically accurate and complete, and scientifically based; and (2) information, activities, and services under the grant will be provided in the language and cultural context that is most appropriate for individual groups.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heroin and Prescription Opioid Abuse
Prevention, Education, and Enforcement Act of 2015.''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Controlled Substances Act (21 U.S.C. 801 et seq.)
declares that many controlled substances have a useful and
legitimate medical purpose and are necessary to maintain the
health and general welfare of the people of the United States.
(2) Health care professionals, medical experts,
researchers, and scientists have found pain to be a major
national health problem.
(3) The responsible treatment of pain is a high priority
for our Nation and the needs of individuals with pain must be
taken into careful consideration when taking steps to prevent
prescription drug misuse and abuse.
(4) When no longer needed or wanted for legitimate pain
management or health treatment, prescription opioids are
susceptible to diversion. Prescription opioids also may be
abused by individuals who were not prescribed such drugs, or
misused by individuals not taking such drugs as directed.
(5) Approximately 4 out of 5 new heroin users report that
they became addicted to prescription opioids before they used
heroin for the first time.
(6) According to the National Institute on Drug Abuse,
heroin attaches to the same brain cell receptors as
prescription opioids.
(7) The low cost and high purity of currently available
heroin has contributed to an increase in heroin use across the
United States.
(8) More people are using heroin, and are using heroin at a
younger age. The National Survey on Drug Use and Health reports
that new heroin users numbered 142,000 in 2010, and increased
to 178,000 in 2011. In 2011, the average age at first use among
heroin abusers between 12 and 49 years was 22.1 years. In 2009,
the average age at first use among heroin abusers between 12
and 49 years was 25.5 years.
(9) According to the Department of Health and Human
Services, heroin use nationwide rose 79 percent between 2007
and 2012.
(10) Deaths from heroin overdose have significantly
increased in communities across the United States. According to
the Centers for Disease Control and Prevention, the number of
deaths involving heroin almost tripled between 2010 and 2013.
From 2010 to 2013, the number of heroin deaths rose from 3,036
to 8,257.
(11) The Edward Byrne Memorial Justice Assistance Grant
Program under part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is
critical to fighting the prescription opioid abuse and heroin
use epidemics, and should be reauthorized and fully funded.
SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES.
(a) Inter-Agency Task Force.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), in
cooperation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Administrator of the Drug Enforcement Administration,
shall convene a Pain Management Best Practices Inter-Agency Task Force
(referred to in this section as the ``task force'').
(b) Membership.--The task force shall be comprised of--
(1) representatives of--
(A) the Department of Health and Human Services,
including the Centers for Disease Control and
Prevention;
(B) the Department of Veterans Affairs;
(C) the Department of Defense;
(D) the Drug Enforcement Administration;
(E) the Office of National Drug Control Policy; and
(F) the Institute of Medicine;
(2) the Director of the National Institutes of Health;
(3) physicians, dentists, and non-physician prescribers;
(4) pharmacists;
(5) experts in the fields of pain research and addiction
research;
(6) representatives of--
(A) pain management professional organizations;
(B) the mental health treatment community;
(C) the addiction treatment community; and
(D) pain advocacy groups; and
(7) other stakeholders, as the Secretary determines
appropriate.
(c) Duties.--The task force shall--
(1) not later than 180 days after the date on which the
task force is convened, develop best practices for pain
management and prescription pain medication prescribing
practices, taking into consideration--
(A) existing pain management research;
(B) recommendations from relevant conferences; and
(C) ongoing efforts at the State and local levels
and by medical professional organizations to develop
improved pain management strategies;
(2) solicit and take into consideration public comment on
the best practices developed under paragraph (1), amending such
best practices if appropriate; and
(3) develop a strategy for disseminating information about
the best practices developed under paragraphs (1) and (2) to
prescribers, pharmacists, State medical boards, and other
parties, as the Secretary determines appropriate.
(d) Limitation.--The task force shall not have rulemaking
authority.
(e) Report.--Not later than 270 days after the date on which the
task force is convened under subsection (a), the task force shall
submit to Congress a report that includes--
(1) the strategy for disseminating best practices developed
under subsection (c);
(2) the results of a feasibility study on linking best
practices developed under paragraphs (1) and (2) of subsection
(c) to receiving and renewing registrations under section
303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and
(3) recommendations on how to apply such best practices to
improve prescribing practices at medical facilities, including
medical facilities of the Veterans Health Administration.
SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM.
(a) Authorization of Appropriations.--To carry out the Harold
Rogers Prescription Drug Monitoring Program established under the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748),
there is authorized to be appropriated $9,000,000 for each of fiscal
years 2016 through 2020.
(b) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report evaluating the effectiveness of the Harold Rogers
Prescription Drug Monitoring Program in reducing prescription drug
abuse, and, to the extent practicable, any corresponding increase or
decrease in the use of heroin.
SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM.
Section 508 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006
through 2012'' and inserting ``2016 through 2020''.
SEC. 6. AWARENESS CAMPAIGNS.
(a) In General.--The Secretary of Health and Human Services shall
advance the education and awareness of the public, providers, patients,
and other appropriate stakeholders regarding the risk of abuse of
prescription opioid drugs if such products are not taken as prescribed.
(b) Drug-Free Media Campaign.--
(1) In general.--The Office of National Drug Control
Policy, in coordination with the Secretary of Health and Human
Services and the Attorney General, shall establish a national
drug awareness campaign.
(2) Requirements.--The national drug awareness campaign
under paragraph (1) shall--
(A) take into account the association between
prescription opioid abuse and heroin use;
(B) emphasize the similarities between heroin and
prescription opioids and the effects of heroin and
prescription opioids on the human body; and
(C) bring greater public awareness to the dangerous
effects of fentanyl when mixed with heroin or abused in
a similar manner.
(3) Available funds.--Funds for the national drug awareness
campaign may be derived from amounts appropriated to the Office
of National Drug Control Policy and otherwise available for
obligation and expenditure.
SEC. 7. NALOXONE DEMONSTRATION GRANTS.
(a) Definitions.--In this section--
(1) the term ``eligible entity'' means a State, a unit of
local government, or a tribal government;
(2) the term ``first responder'' includes firefighters, law
enforcement officers, paramedics, emergency medical
technicians, and other individuals (including employees of
legally organized and recognized volunteer organizations,
whether compensated or not), who, in the course of professional
duties, respond to fire, medical, hazardous material, or other
similar emergencies; and
(3) the term ``opioid overdose reversal drug'' means a drug
that, when administered, reverses in whole or part the
pharmacological effects of an opioid overdose in the human
body.
(b) Program Authorized.--The Attorney General, in coordination with
the Secretary of Health and Human Services and the Director of the
Office of National Drug Control Policy, may make grants to eligible
entities to create not more than 8 demonstration programs to allow
properly trained first responders to prevent prescription opioid and
heroin overdose death by administering an opioid overdose reversal drug
to an individual who has experienced overdose or who has been
determined to have likely experienced overdose.
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Attorney General, at such time, in such manner, and accompanied
by such information as the Attorney General shall require,
and--
(A) that meets the criteria for selection under
paragraph (2); and
(B) that describes--
(i) the evidence-based methodology and
outcome measures that will be used to evaluate
the program funded with a grant under this
section, and specifically explain how such
measurements will provide valid measures of the
impact of the program;
(ii) how the program could be broadly
replicated if demonstrated to be effective;
(iii) how the eligible entity will
coordinate with their corresponding State
substance abuse agency to identify protocols
and resources that are available to victims and
families, including information on treatment
and recovery resources; and
(iv) how the demonstration program will
continue with State, local, or private funding
after the expiration of the grant.
(2) Criteria for selection.--The Attorney General may award
grants to eligible entities that demonstrate an institutional
need for technical support and lack existing infrastructure in
order to implement and train first responders to carry out a
demonstration program under paragraph (b).
(3) Priority consideration.--In awarding grants under this
section, the Attorney General shall give priority to an
eligible entity located in a State that provides civil
liability protection for first responders administering an
opioid overdose reversal drug to counteract opioid overdoses
by--
(A) enacting legislation that provides such civil
liability protection; and
(B) providing a certification by the attorney
general of the State that the attorney general has--
(i) reviewed any applicable civil liability
protection law to determine the applicability
of the law with respect to first responders who
may administer an opioid overdose reversal drug
to individuals reasonably believed to be
suffering from opioid overdose; and
(ii) concluded that the law described in
subparagraph (A) provides adequate civil
liability protection applicable to such
persons.
(d) Use of Funds.--An eligible entity shall use a grant received
under this section to--
(1) make an opioid overdose reversal drug, which may
include naloxone, available to be carried and administered by
first responders;
(2) train and provide resources for first responders, on
carrying and administrating such opioid overdose reversal drug
for the prevention of prescription opioid and heroin overdose
deaths; and
(3) establish processes, protocols, and mechanisms for
referral to treatment.
(e) Technical Support.--The Attorney General shall provide
individualized technical support, as requested, to grant recipients
under this section to assist with implementation of the demonstration
program.
(f) Grant Duration.--A demonstration project grant shall be for a
period of 3 years.
(g) Evaluation.--Following the first grant year, a recipient of a
grant awarded under this section shall report to the Attorney General
on an annual basis --
(1) the number of first responders equipped with an opioid
overdose reversal drug for the prevention of fatal prescription
opioid and heroin overdose;
(2) the number of prescription opioid and heroin overdoses
reversed by first responders;
(3) the number of calls for service related to prescription
opioid and heroin overdose; and
(4) the extent to which overdose victims and families
receive information about treatment services and available data
describing treatment admissions.
(h) Report to Congress.--The Attorney General shall submit an
annual report to the appropriate committees of Congress aggregating the
data received from the grant recipients and evaluating the outcomes
achieved by the demonstration projects funded under this section.
SEC. 8. OFFSET.
It is the sense of Congress that the amounts expended to carry out
this Act and the amendments made by this Act should be offset by a
corresponding reduction in Federal non-defense discretionary spending.
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Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2015 This bill requires the Department of Health and Human Services (HHS), in cooperation with the Department of Veterans Affairs, the Department of Defense, and the Drug Enforcement Administration, to convene a Pain Management Best Practices Inter-Agency Task Force to develop and study best practices for pain management and prescription of pain medication. The Harold Rogers Prescription Drug Monitoring Program is extended through FY2020. The Government Accountability Office must evaluate the effectiveness of this program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend the Edward Byrne Memorial Justice Assistance Grant Program through FY2020. HHS must advance education and awareness of the risk of abuse of prescription opioids (drugs with effects similar to opium). The Office of National Drug Control Policy (ONDCP), in coordination with HHS and the Department of Justice (DOJ), must establish a national drug awareness campaign that emphasizes the similarities between heroin and prescription opioids and increases awareness of the dangerous effects of mixing fentanyl (a prescription opioid painkiller) with heroin. DOJ, in coordination with HHS and ONDCP, may make grants to state, local, or tribal governments to create demonstration programs to allow first responders to prevent opioid overdose death by administering an opioid overdose reversal drug (e.g., naloxone). Priority must be given to entities in states that provide civil liability protection for first responders administering a drug to counteract opioid overdoses.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Financial Institution
Reform and Authorization Act of 1997''.
SEC. 2. INTERNATIONAL DEVELOPMENT ASSOCIATION.
The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following:
``SEC. 22. ELEVENTH REPLENISHMENT.
``(a) In General.--The United States Governor is hereby authorized
to agree on behalf of the United States to pay to the Association
$1,600,000,000 for the eleventh replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) Limitations on Authorization of Appropriations.--In order to
pay for the United States contribution provided for in subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $1,600,000,000 for payment by the Secretary of the
Treasury.''.
SEC. 3. ASIAN DEVELOPMENT BANK.
The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended
by adding at the end the following:
``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
``(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $400,000,000 to the Asian
Development Fund, a special fund of the Bank; except that any
commitment to make such contributions shall be made subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $400,000,000 for payment by the Secretary of
the Treasury.''.
SEC. 4. EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.
The European Bank for Reconstruction and Development Act, section
562(c) of Public Law 101-513 (22 U.S.C. 209l et seq.), is amended by
adding at the end the following:
``(12) Participation in a general capital increase.--
``(A) Participation in a capital increase.--The
United States participation in a general capital
increase of the Bank under Chapter II, Article 4(3) of
the Agreement, is hereby authorized.
``(B) Increase in the united states capital
subscription.--The United States Governor of the Bank
is authorized to subscribe on behalf of the United
States to 100,000 additional shares of the capital
stock of the Bank as part of a general capital
increase, subject to obtaining the necessary
appropriations.
``(C) Limitation on authorization of
appropriations.--To pay for the increase in the United
States capital subscription as provided in subparagraph
(B), there are hereby authorized to be appropriated,
without fiscal year limitation, $1,270,100,000 for
payment by the Secretary of the Treasury.''.
SEC. 5. INTER-AMERICAN DEVELOPMENT BANK.
The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is
amended by adding at the end the following:
``SEC. 39. CAPITAL INCREASE; SUBSCRIPTION AND CONTRIBUTION AUTHORITY.
``For payment by the Secretary of the Treasury for the United
States capital subscription as part of the eighth general increase in
the authorized capital stock of the Bank, there are authorized to be
appropriated, without fiscal year limitation--
``(1) $76,832,001, for payment for paid-in shares of the
Bank; and
``(2) $4,511,156,729, for payment for callable shares of
the Bank.''.
SEC. 6. INTEREST SUBSIDY ACCOUNT OF THE SUCCESSOR TO THE ENHANCED
STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL
MONETARY FUND.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended
by adding at the end the following:
``SEC. 61. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE
SUCCESSOR TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY
OF THE INTERNATIONAL MONETARY FUND.
``(a) Contribution Authorized.--
``(1) In general.--Subject to paragraph (2), the United
States Governor of the Fund may contribute $75,000,000 to the
Interest Subsidy Account of the successor to the Enhanced
Structural Adjustment Facility of the Fund on behalf of the
United States.
``(2) Condition.--The contribution authorized in paragraph
(1) shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.
``(b) Limitation on Authorization of Appropriations.--To pay for
the contribution authorized in subsection (a), there are authorized to
be appropriated not to exceed $75,000,000, without fiscal year
limitation, for payment by the Secretary of the Treasury.''.
SEC. 7. NEW ARRANGEMENTS TO BORROW FROM THE INTERNATIONAL MONETARY
FUND.
Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2 et
seq.) is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and
inserting ``February 24, 1983, and January 27, 1997'';
and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27,
1997,'' after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to
Borrow, as applicable'' before the period at the end.
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International Financial Institution Reform and Authorization Act of 1997 - Amends the International Development Association Act to authorize appropriations, without fiscal year limitation, for the U.S. contribution to the 11th replenishment of the resources of the International Development Association.
Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to contribute on behalf of the United States a specified amount to the Asian Development Fund. Authorizes appropriations.
Amends the European Bank for Reconstruction and Development Act to authorize the U.S. Governor of the European Bank for Reconstruction and Development to subscribe on behalf of the United States to specified additional shares of the Bank's capital stock. Authorizes appropriations without fiscal year limitation.
Amends the Inter-American Development Bank Act to authorize appropriations, without fiscal year limitation, for the U.S. capital subscription to the eighth general increase in the authorized capital stock of the Inter-American Development Bank.
Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to contribute on behalf of the United States a specified amount to the Interest Subsidy Account of the successor to the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations without fiscal year limitation.
Increases: (1) the amount of loans (equivalent to Special Drawing Rights) the Secretary of the Treasury is authorized to make to the IMF; and (2) the authorization of appropriations for such loans.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bay Area Regional Water Recycling
Program Authorization Act of 2007''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,400,000.
``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
``SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
``SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the City
of San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
(b) Conforming Amendments.--The table of items in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 16xx the following:
``Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. North Coast County Water District Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.
``Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.''.
SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT.
It is the intent of Congress that a comprehensive water recycling
program for the San Francisco Bay Area include the San Jose Area water
reclamation and reuse program authorized by section 1607 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C
390h-5).
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Bay Area Regional Water Recycling Program Authorization Act of 2007 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of recycled water projects in cooperation with: (1) Palo Alto and Mountain View, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) the North Coast County Water District; (5) Redwood City, California; (6) the South County Regional Wastewater Authority and the Santa Clara Valley Water District; and (7) San Jose, California, and the Santa Clara Valley Water District.
Expresses the intent of Congress that a comprehensive water recycling program for the San Francisco Bay Area include the San Jose Area water reclamation and reuse program authorized by the Reclamation Projects Authorization and Adjustment Act of 1992.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Webster Congressional
Clerkship Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year, many of the most talented law school
graduates in the United States begin their legal careers as
judicial law clerks.
(2) The judicial clerkship program has given the judiciary
access to a pool of exceptional young lawyers at a relatively
low cost.
(3) These same lawyers then go on to become leaders of
their profession, where they serve a critical role in helping
to educate the public about the judiciary and the judicial
process.
(4) The White House, the administrative agencies of the
executive branch, the Administrative Office of the United
States Courts, the Federal Judicial Center, and the United
States Sentencing Commission all operate analogous programs for
talented young professionals at the outset of their careers.
(5) Congress is without a similar program.
(6) At a time when our Nation faces considerable
challenges, Congress and the public would benefit immeasurably
from a program, modeled after the judicial clerkship program,
that engages the brightest young lawyers in the Nation in the
legislative process.
(7) Accordingly, the Congress herein creates the Daniel
Webster Congressional Clerkship Program, named after one of the
most admired and distinguished lawyer-legislators ever to serve
in Congress, to improve the business of Congress and increase
the understanding of its work by the public.
SEC. 3. DANIEL WEBSTER CONGRESSIONAL CLERKSHIP PROGRAM.
(a) Selection Committees.--In this Act, the term ``Selection
Committees'' means--
(1) the Committee on Rules and Administration of the
Senate; and
(2) the Committee on House Administration of the House of
Representatives.
(b) Establishment of Program.--There is established the Daniel
Webster Congressional Clerkship Program for the appointment of
individuals who are graduates of accredited law schools to serve as
Congressional Clerks in the Senate or House of Representatives.
(c) Selection of Clerks.--The Selection Committees shall select
Congressional Clerks in the following manner:
(1) The Committee on Rules and Administration of the Senate
shall select not less than 6 Congressional Clerks each year for
a clerkship with an office of the Senate for a 1-year period.
(2) The Committee on House Administration of the House of
Representatives shall select not less than 6 Congressional
Clerks each year for a clerkship with an office of the House of
Representatives for a 1-year period.
(d) Selection Criteria.--In carrying out subsection (c), the
Selection Committees shall select Congressional Clerks consistent with
the following criteria:
(1) Each Congressional Clerk selected shall be a graduate
of an accredited law school as of the starting date of his or
her clerkship.
(2) Each Congressional Clerk selected shall possess--
(A) an excellent academic record;
(B) a strong record of achievement in
extracurricular activities;
(C) a demonstrated commitment to public service;
and
(D) outstanding analytic, writing, and oral
communication skills.
(e) Process.--After a Congressional Clerk is selected under this
section, such Congressional Clerk may then interview for a clerkship in
an office, and accept the clerkship if offered, as follows:
(1) For a Congressional Clerk selected under subsection
(c)(1), the Congressional Clerk may interview for, and accept
if offered, a clerkship with--
(A) an office of any committee of the Senate,
including a select or special committee;
(B) an office of a joint committee of Congress the
pay of the employees of which is disbursed by the
Secretary of the Senate;
(C) an office of any individual member of the
Senate;
(D) a leadership office of the Senate; or
(E) the Office of the Parliamentarian of the
Senate, the Office of Senate Legal Counsel, or the
Office of the Legislative Counsel of the Senate.
(2) For a Congressional Clerk selected under subsection
(c)(2), the Congressional Clerk may interview for, and accept
if offered, a clerkship with--
(A) an office of any committee of the House of
Representatives, including any select or special
committee;
(B) an office of a joint committee of Congress the
pay of the employees of which is disbursed by the Chief
Administrative Officer of the House of Representatives;
(C) an office of any individual Member of the House
of Representatives;
(D) a leadership office of the House of
Representatives; or
(E) the Office of General Counsel of the House of
Representatives, the Office of the Parliamentarian of
the House of Representatives, or the Office of the
Legislative Counsel of the House of Representatives.
(f) Placement Requirements.--The Selection Committees shall, to the
extent practicable, ensure that Congressional Clerks selected and
placed under this section are apportioned equally between majority
party and minority party offices.
(g) Exclusion From Limit on Number of Positions.--A Congressional
Clerk shall be excluded in determining the number of employees of the
office that employs the Clerk for purposes of--
(1) in the case of the office of a Member of the House of
Representatives, section 104 of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C.
5321); or
(2) in the case of any other office, any applicable
provision of law or any rule or regulation which imposes a
limit on the number of employees of the office.
(h) Funding for Positions; Adherence to Rules.--
(1) Sense of the senate.--It is the sense of the Senate
that--
(A) the amount of financial assistance provided to
a Congressional Clerk under paragraph (3) should, if
practicable, be comparable to the compensation and
benefits provided for similar clerkships offered
through the Federal judiciary and executive branches;
and
(B) any financial assistance provided to a
Congressional Clerk under such paragraph should not
result in a net increase in the amounts appropriated
for the legislative branch for any fiscal year.
(2) Determination.--The amount of any financial assistance
provided under paragraph (3) for a Congressional Clerk shall
be--
(A) determined or approved by the office hiring the
Congressional Clerk; and
(B) based on the office's determination of the
duties and responsibilities for such Congressional
Clerk.
(3) Financial assistance.--
(A) Eligibility for fellowships.--A Congressional
Clerk that is placed with an office described in
subsection (e) may accept a fellowship through an
institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) for the term of the clerkship with the
approval of the office in accordance with paragraph
(2).
(B) Payment provided by congressional office.--An
office described in subsection (e) may use amounts
otherwise available to the office to provide
compensation to a Congressional Clerk of the office for
the term of the clerkship.
(4) Required adherence to rules.--A Congressional Clerk
that obtains a clerkship under this section shall be subject to
all laws, regulations, and rules in the same manner and to the
same extent as an individual serving in a similar position in
the Senate or the House of Representatives, as the case may be.
(i) Rules.--The Selection Committees shall develop and promulgate
rules regarding the administration of the Congressional Clerkship
program established under this section.
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Daniel Webster Congressional Clerkship Act of 2016 This bill establishes the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as congressional clerks in the Senate or House of Representatives. The Senate Committee on Rules and Administration and the House Committee on House Administration must each select at least six individuals for a one-year term to serve for a clerkship with an office in their respective chambers. The committees shall ensure that congressional clerks selected under this bill are apportioned equally between majority and minority party offices. The bill expresses the sense of the Senate that: (1) the amount of financial assistance provided to a congressional clerk should, if practicable, be comparable to the compensation and benefits provided for similar clerkships offered through the federal judiciary and executive branches; and (2) any financial assistance provided to a clerk should not result in a net increase in the amounts appropriated for the legislative branch for any fiscal year.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Diesel Standard Act of
2006''.
SEC. 2. ALTERNATIVE DIESEL FUEL CONTENT OF DIESEL.
(a) Findings.--Congress finds that--
(1) section 211(o) of the Clean Air Act (42 U.S.C. 7535(o))
(as amended by section 1501 of the Energy Policy Act of 2005
(Public Law 109-58)) established a renewable fuel program under
which entities in the petroleum sector are required to blend
renewable fuels into motor vehicle fuel based on the gasoline
motor pool;
(2) the need for energy diversification is greater as of
the date of enactment of this Act than it was only months
before the date of enactment of the Energy Policy Act (Public
Law 109-58; 119 Stat. 594); and
(3)(A) the renewable fuel program under section 211(o) of
the Clean Air Act requires a small percentage of the gasoline
motor pool, totaling nearly 140,000,000,000 gallons, to contain
a renewable fuel; and
(B) the small percentage requirement described in
subparagraph (A) does not include the 40,000,000,000-gallon
diesel motor pool.
(b) Alternative Diesel Fuel Program for Diesel Motor Pool.--Section
211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after
subsection (o) the following:
``(p) Alternative Diesel Fuel Program for Diesel Motor Pool.--
``(1) Definition of alternative diesel fuel.--
``(A) In general.--In this subsection, the term
`alternative diesel fuel' means biodiesel (as defined
in section 312(f) of the Energy Policy Act of 1992 (42
U.S.C. 13220(f))) and any blending components derived
from alternative fuel (provided that only the
alternative fuel portion of any such blending component
shall be considered to be part of the applicable volume
under the alternative diesel fuel program established
by this subsection).
``(B) Inclusions.--The term `alternative diesel
fuel' includes a diesel fuel substitute produced from--
``(i) animal fat;
``(ii) plant oil;
``(iii) recycled yellow grease;
``(iv) single-cell or microbial oil;
``(v) thermal depolymerization;
``(vi) thermochemical conversion;
``(vii) a coal-to-liquid process (including
the Fischer-Tropsch process) that provides for
the sequestration of carbon emissions; or
``(viii) a diesel-ethanol blend of not less
than 7 percent ethanol.
``(2) Alternative diesel fuel program.--
``(A) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
the Administrator shall promulgate regulations
to ensure that diesel sold or introduced into
commerce in the United States (except in
noncontiguous States or territories), on an
annual average basis, contains the applicable
volume of alternative diesel fuel determined in
accordance with subparagraph (B).
``(ii) Provisions of regulations.--
Regardless of the date of promulgation, the
regulations promulgated under clause (i)--
``(I) shall contain compliance
provisions applicable to refineries,
blenders, distributors, and importers,
as appropriate, to ensure that the
requirements of this paragraph are met;
but
``(II) shall not--
``(aa) restrict geographic
areas in which alternative
diesel fuel may be used; or
``(bb) impose any per-
gallon obligation for the use
of alternative diesel fuel.
``(iii) Requirement in case of failure to
promulgate regulations.--If the Administrator
fails to promulgate regulations under clause
(i), the percentage of alternative diesel fuel
in the diesel motor pool sold or dispensed to
consumers in the United States, on a volume
basis, shall be 0.6 percent for calendar year
2008.
``(B) Applicable volume.--
``(i) Calendar years 2008 through 2015.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2008 through 2015 shall be determined in
accordance with the following table:
``Applicable volume of Alternative
diesel fuel in diesel motor
pool (in millions of Calendar year:
gallons):
250.................................................... 2008
500.................................................... 2009
750.................................................... 2010
1,000.................................................. 2011
1,250.................................................. 2012
1,500.................................................. 2013
1,750.................................................. 2014
2,000.................................................. 2015
``(ii) Calendar year 2016 and thereafter.--
The applicable volume for calendar year 2016
and each calendar year thereafter shall be
determined by the Administrator, in
coordination with the Secretary of Agriculture
and the Secretary of Energy, based on a review
of the implementation of the program during
calendar years 2008 through 2015, including a
review of--
``(I) the impact of the use of
alternative diesel fuels on the
environment, air quality, energy
security, job creation, and rural
economic development; and
``(II) the expected annual rate of
future production of alternative diesel
fuels to be used as a blend component
or replacement to the diesel motor
pool.
``(iii) Minimum applicable volume.--For the
purpose of subparagraph (A), the applicable
volume for calendar year 2016 and each calendar
year thereafter shall be equal to the product
obtained by multiplying--
``(I) the number of gallons of
diesel that the Administrator estimates
will be sold or introduced into
commerce during the calendar year; and
``(II) the ratio that--
``(aa) 2,000,000,000
gallons of alternative diesel
fuel; bears to
``(bb) the number of
gallons of diesel sold or
introduced into commerce during
calendar year 2015.
``(3) Applicable percentages.--
``(A) Provision of estimate of volumes of diesel
sales.--Not later than October 31 of each of calendar
years 2007 through 2015, the Administrator of the
Energy Information Administration shall provide to the
Administrator an estimate, with respect to the
following calendar year, of the volumes of diesel
projected to be sold or introduced into commerce in the
United States.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November
30 of each of calendar years 2008 through 2015,
based on the estimate provided under
subparagraph (A), the Administrator shall
determine and publish in the Federal Register,
with respect to the following calendar year,
the alternative diesel fuel obligation that
ensures that the requirements of paragraph (2)
are met.
``(ii) Required elements.--The alternative
diesel fuel obligation determined for a
calendar year under clause (i) shall--
``(I) be applicable to refineries,
blenders, and importers, as
appropriate;
``(II) be expressed in terms of a
volume percentage of diesel sold or
introduced into commerce in the United
States; and
``(III) subject to subparagraph
(C), consist of a single applicable
percentage that applies to all
categories of persons described in
subclause (I).
``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall
make adjustments to prevent the imposition of redundant
obligations on any person described in subparagraph
(B)(ii)(I).
``(4) Credit program.--
``(A) In general.--The regulations promulgated
pursuant to paragraph (2)(A) shall provide for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports diesel that
contains a quantity of alternative diesel fuel that is
greater than the quantity required under paragraph (2).
``(B) Use of credits.--A person that generates a
credit under subparagraph (A) may use the credit, or
transfer all or a portion of the credit to another
person, for the purpose of complying with regulations
promulgated pursuant to paragraph (2).
``(C) Duration of credits.--A credit generated
under this paragraph shall be valid during the 1-year
period beginning on the date on which the credit is
generated.
``(D) Inability to generate or purchase sufficient
credits.--The regulations promulgated pursuant to
paragraph (2)(A) shall include provisions allowing any
person that is unable to generate or purchase
sufficient credits under subparagraph (A) to meet the
requirements of paragraph (2) by carrying forward a
credit generated during a previous year on the
condition that the person, during the calendar year
following the year in which the alternative diesel fuel
deficit is created--
``(i) achieves compliance with the
alternative diesel fuel requirement under
paragraph (2); and
``(ii) generates or purchases additional
credits under subparagraph (A) to offset the
deficit of the previous year.
``(5) Waivers.--
``(A) In general.--The Administrator, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, may waive the requirements of
paragraph (2) in whole or in part on receipt of a
petition of 1 or more States by reducing the national
quantity of alternative diesel fuel for the diesel
motor pool required under paragraph (2) based on a
determination by the Administrator, after public notice
and opportunity for comment, that--
``(i) implementation of the requirement
would severely harm the economy or environment
of a State, a region, or the United States; or
``(ii) there is an inadequate domestic
supply of alternative diesel fuel.
``(B) Petitions for waivers.--Not later than 90
days after the date on which the Administrator receives
a petition under subparagraph (A), the Administrator,
in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove
the petition.
``(C) Termination of waivers.--
``(i) In general.--Except as provided in
clause (ii), a waiver under subparagraph (A)
shall terminate on the date that is 1 year
after the date on which the waiver is provided.
``(ii) Exception.--The Administrator, in
consultation with the Secretary of Agriculture
and the Secretary of Energy, may extend a
waiver under subparagraph (A), as the
Administrator determines to be appropriate.''.
(c) Penalties and Enforcement.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1), by striking ``or (o)'' each place it
appears and inserting ``(o), or (p)''; and
(2) in paragraph (2), by striking ``and (o)'' each place it
appears and inserting ``(o), and (p)''.
(d) Technical Amendments.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended--
(1) in subsection (i)(4), by striking ``section 324'' each
place it appears and inserting ``section 325'';
(2) in subsection (k)(10), by indenting subparagraphs (E)
and (F) appropriately;
(3) in subsection (n), by striking ``section 219(2)'' and
inserting ``section 216(2)'';
(4) by redesignating the second subsection (r) and
subsection (s) as subsections (s) and (t), respectively; and
(5) in subsection (t)(1) (as redesignated by paragraph
(4)), by striking ``this subtitle'' and inserting ``this
part''.
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Alternative Diesel Standard Act of 2006 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of alternative diesel fuel (increasing from 250 million gallons in 2008 to 2 billion gallons in 2015 and determined per a prescribed formula thereafter). Requires the regulations to: (1) contain compliance provisions applicable to refineries, blenders, distributors, and importers; (2) not restrict areas in which alternative diesel fuel may be used; and (3) not impose any per-gallon obligation for the use of alternative diesel fuel. Requires alternative diesel fuel to constitute 0.6% of diesel dispensed in 2008 if the Administrator fails to promulgate such regulations. Requires EPA to determine and publish the alternative diesel fuel obligation as a percentage of diesel each year for 2008-2015.
Requires such regulations to provide for the generation of an appropriate amount of transferable credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel greater than required. Authorizes the Administrator to waive alternative diesel fuel requirements on receipt of a state petition by reducing the quantity of alternative diesel fuel required based on a determination that: (1) implementation of the requirement would severely harm the economy or environment of a state, a region, or the United States; or (2) there is inadequate domestic supply of alternative diesel fuel.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers Right-To-Know Act''.
SEC. 2. INVENTORY OF GOVERNMENT PROGRAMS.
(a) In General.--Section 1122(a) of title 31, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definition of program.--For purposes of this
subsection, the term `program' means an organized set of
activities by one or more agencies directed toward a common
purpose or goal.'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later than
October 1, 2012, the Office of Management and Budget
shall'' and inserting ``Website and program
inventory.--The Director of the Office of Management
and Budget shall'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) include on the website--
``(i) a program inventory that shall
identify each program of the Federal Government
for which there is more than $1,000,000 in
annual budget authority, which shall include--
``(I) any activity that is commonly
referred to as a program by a Federal
agency in communications with Congress,
including any activity identified as a
program in a budget request;
``(II) any activity that is
commonly referred to as a program by a
Federal agency in communications with
the public, including each program for
which financial awards are made on a
competitive basis; and
``(III) any activity referenced in
law as a program after June 30, 2019;
and
``(ii) for each program identified in the
program inventory, the information required
under paragraph (3) or paragraph (4), as
applicable.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``Information.--Information for each program
described under paragraph (1)'' and inserting
``Information for larger programs.--Information for
each program identified in the program inventory
required under paragraph (2) for which there is more
than $10,000,000 in annual budget authority'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (B) as
subparagraph (D);
(D) by striking subparagraph (A) and inserting the
following:
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an estimate of the amount of funding for the
program;'';
(E) in subparagraph (D), as so redesignated, by
striking ``and'' at the end; and
(F) by adding at the end the following:
``(E) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(F) for any program that provides grants or other
financial assistance to individuals or entities, for
the most recent fiscal year--
``(i) a description of the individuals
served by the program and beneficiaries who
received financial assistance under the
program, including an estimate of the number of
individuals and beneficiaries, to the extent
practicable;
``(ii) for each program for which the head
of an agency determines it is not practicable
to provide an estimate of the number of
individuals and beneficiaries served by the
program--
``(I) an explanation of why data
regarding the number of such
individuals and beneficiaries cannot be
provided; and
``(II) a discussion of the measures
that could be taken to gather the data
required to provide such an estimate;
and
``(iii) a description of--
``(I) the Federal employees who
administer the program, including the
number of full-time equivalents with a
pro rata estimate for full-time
equivalents associated with multiple
programs; and
``(II) other individuals whose
salary is paid in part or full by the
Federal Government through a grant,
contract, cooperative agreement, or
another form of financial award or
assistance who administer or assist in
any way in administering the program,
including the number of full-time
equivalents, to the extent practicable;
``(G) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years;
and
``(H) to the extent practicable, financial and
other information for each program activity required to
be reported under the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note).'';
and
(5) by adding at the end the following:
``(4) Information for smaller programs.--Information for
each program identified in the program inventory required under
paragraph (2) for which there is more than $1,000,000 and not
more than $10,000,000 in annual budget authority shall, at a
minimum, include--
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(D) for any program that provides grants or other
financial assistance to individuals or entities, a
description of the individuals served by the program
and beneficiaries who received financial assistance
under the program for the most recent fiscal year; and
``(E) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years.
``(5) Archiving.--After the end of each fiscal year, the
Director of the Office of Management and Budget shall archive
and preserve the information included in the program inventory
required under paragraph (2) relating to that fiscal year.''.
(b) Expired Grant Funding.--Not later than February 1 of each
fiscal year, the Director of the Office of Management and Budget shall
publish on a public website the total amount of undisbursed grant
funding remaining in grant accounts for which the period of
availability to the grantee has expired.
SEC. 3. GUIDANCE AND IMPLEMENTATION.
(a) Guidance.--Not later than June 30, 2018, the Director of the
Office of Management and Budget--
(1) shall prescribe guidance to implement this Act, and the
amendments made by this Act;
(2) shall issue guidance to agencies to identify how the
program activities used for reporting under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) are associated with programs identified in the program
inventory required under section 1122(a)(2)(C)(i) of title 31,
United States Code, as amended by subsection (a);
(3) may issue guidance to agencies to ensure that the
programs identified in the program inventory required under
section 1122(a)(2)(C)(i) of title 31, United States Code, as
amended by subsection (a), are presented at a similar level of
detail across agencies and are not duplicative or overlapping;
and
(4) may, based on an analysis of the costs of
implementation, and after submitting to Congress a notification
of the action by the Director--
(A) exempt from the requirements under section
1122(a) of title 31, United States Code, an agency
that--
(i) is not listed in section 901(b) of
title 31, United States Code; and
(ii) for the fiscal year during which the
exemption is made, has budget authority (as
defined in section 3 of the Congressional
Budget Act of 1974 (2 U.S.C. 622)) of not more
than $10,000,000; and
(B) extend the implementation deadline under
subsection (b) by not more than 1 year.
(b) Implementation.--This Act, and the amendments made by this Act,
shall be implemented not later than June 30, 2019.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives January 11, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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Taxpayers Right-To-Know Act (Sec. 2) This bill requires that the website of the Office of Management and Budget (OMB) include a program inventory that identifies each program of the federal government for which there is more than $1 million in annual budget authority. Such inventory shall include: (1) any activity that is commonly referred to as a program by a federal agency, and (2) any activity that is referenced in law as a program after June 30, 2019. For programs identified in such inventory for which there is more than $1 million and not more than $10 million in annual budget authority (smaller programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; for each such program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an identification of the statutes that authorize the program and any major regulations specific to the program; a description of the individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; and links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office released during the preceding five years. For programs identified in such inventory for which there is more than $10 million in annual budget authority (larger programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; for each program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an estimate of the amount of funding for the program; an identification of the statutes that authorize the program and any major regulations specific to the program; a description and estimate of the number of individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; a description of the federal employees who administer the program and other individuals whose salary is paid in full or in part by the federal government through a grant, contract, cooperative agreement, or another form of financial award or assistance; links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office released during the preceding five years; and financial and other information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006. The OMB shall: (1) archive and preserve the information included in the program inventory; and (2) not later than February 1 of each fiscal year, publish on a public website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) The bill requires the OMB, not later than June 30, 2018, to: (1) prescribe guidance to implement this Act, and (2) issue guidance to assist agencies in identifying how the program activities used in budget or appropriations accounts correspond with programs identified in the program inventory required by this Act. The OMB may: (1) issue guidance to agencies to ensure that programs are presented at a similar level of detail across agencies and are not duplicative or overlapping; (2) exempt from the requirements of this Act, based on an analysis of the costs of implementation, agencies that are not required to have a chief financial officer and that have not more than $10 million in budget authority; and (3) extend the Act's implementation deadline by not more than one year. Implementation of the requirements in this bill must be completed not later than June 30, 2019. (Sec. 4) No additional funds may be authorized to carry out the requirements in this bill.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Health Plan Act of 2013''.
SEC. 2. CHURCH PLANS AS QUALIFIED HEALTH PLANS.
(a) In General.--Section 1301(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18021(a)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) Inclusion of qualified church plans.--
``(A) In general.--Any reference in this title to a
qualified health plan shall be deemed to include a
qualified church plan, unless specifically provided for
otherwise.
``(B) Requirements of qualified church plans.--A
qualified church plan is a church plan, as defined in
section 414(e) of the Internal Revenue Code of 1986,
that--
``(i) is a welfare plan, as defined in
section 2(c) of Public Law 106-244, and
provides health care coverage for the employees
of ten or more eligible common law employers,
and if a majority of employees covered by the
plan are employees of churches or qualified
church-controlled organizations within the
meaning of sections 3121(w)(3) (A) and (B) of
the Internal Revenue Code of 1986,
respectively;
``(ii) provides an essential health
benefits package, as defined in section
1302(a);
``(iii) complies with the requirements
under sections 2703, 2706, 2708, 2709, 2711,
2712, 2713, 2714, 2715, 2719, and 2719A of the
Public Health Service Act;
``(iv) prohibits exclusions based on
preexisting conditions or other health status,
and prohibits discrimination against individual
participants and beneficiaries based on health
status for the purposes of enrollment, within
the meaning of sections 2704 and 2705 of the
Public Health Service Act, except as provided
under subparagraph (C)(ii); and
``(v) limits, on average, the ratio of
incurred losses plus loss adjustment expenses
to earned premiums, within the meaning of
section 2718 of the Public Health Service Act,
as calculated across the entire church plan,
except that, for purposes of this paragraph,
earned premiums include payments by, or on
behalf of, employees of a church, as defined in
414(e)(3)(B) of the Internal Revenue Code of
1986.
``(C) Exclusion of qualified church plans from
american health benefit exchanges.--
``(i) In general.--A qualified church plan
may not participate in an American Health
Benefit Exchange established by a State under
section 1311(b) or by the Secretary of Health
and Human Services (referred to in this
paragraph as the `Secretary') under 1321(c).
The Secretary shall not assess a charge or make
a payment to a qualified church plan to reflect
actuarial risk pursuant to section 1343, and a
qualified church plan shall be exempt from any
other subsidies, payments, or requirements
under this Act that apply to qualified health
plans offered on American Health Benefit
Exchanges, except as provided by this
paragraph.
``(ii) Premiums.--A qualified church plan
may differentiate premiums using methods and
criteria consistent with those that the
Secretary uses to assess charges and payments
to other qualified health plans based on the
actuarial risks of enrollees of such plans
pursuant to section 1343 and those described in
section 422.308 of title 42, Code of Federal
Regulations. A qualified church plan may
develop additional methods and criteria to
define and account for the actuarial risk
associated with the prohibition against
qualified church plans enrolling a larger
number and more diverse pool of enrollees as
long as such additional methods and criteria
are not inconsistent with the risk adjusters
described in section 1343 and those described
in section 422.308 of title 42, Code of Federal
Regulations.
``(D) Deemed status of qualified church plans.--A
qualified church plan shall be deemed to be--
``(i) minimum essential coverage under an
eligible employer-sponsored plan, as defined
under section 5000A(f)(2) of the Internal
Revenue Code of 1986; and
``(ii) for the purposes of subparagraph
(F), equivalent to a health plan offered
through an American Health Benefit Exchange,
within the meaning of section 1311(b).
``(E) Employers participating in qualified church
plans.--
``(i) Eligible small employers.--An
employer participating in a qualified church
plan shall be deemed an eligible small employer
under section 45R(d) of the Internal Revenue
Code of 1986, if--
``(I) the employer has not more
than 25 full-time equivalent employees,
as defined under section 45R(d)(2) of
the Internal Revenue Code of 1986, for
the taxable year; and
``(II) the average annual wages of
such full-time equivalent employees do
exceed an amount equal to twice the
dollar amount in effect under section
45R(d)(3)(B) of the Internal Revenue
Code of 1986 for the taxable year, and
if no employee of the employer who is
enrolled in the qualified church plan
receives premium tax credits or
reductions in cost-sharing under
subparagraph (F).
``(ii) No exclusion from wages.--Any
employer participating in a qualified church
plan shall not exclude from wages and other
compensation, for any individual receiving
premium tax credits under section 1401, any
employer contribution for minimum essential
coverage under a qualified church plan under
section 106 of the Internal Revenue Code of
1986.
``(iii) Employers participating in
qualified church plans.--Any employer
participating in a qualified church plan shall
be deemed to be a `religious employer' as
defined in section 147.131 of title 45, Code of
Federal Regulations.
``(F) Premium tax credits, reductions in cost-
sharing, and qualified church plans.--An individual
receiving minimum essential coverage under a qualified
church plan--
``(i) shall be deemed to satisfy the
individual responsibility requirements under
section 5000A of the Internal Revenue Code of
1986;
``(ii) shall be deemed to qualify as an
applicable taxpayer eligible to receive premium
tax credits under section 1401, if the
individual's household income for the taxable
year equals or exceeds 100 percent but does not
exceed 400 percent of an amount equal to the
poverty line for a family of the size involved;
and
``(iii) shall be deemed to qualify as an
eligible insured eligible to receive reductions
in cost-sharing under section 1402(b), if the
individual's household income exceeds 100
percent but does not exceed 400 percent of the
poverty line for a family of the size involved.
``(G) Regulations.--The Secretary and the Secretary
of the Treasury shall promulgate regulations--
``(i) under subparagraph (E) to ensure that
an eligible small employer offering a qualified
church plan receives the same tax credit as any
other eligible small employer under section 45R
of the Internal Revenue Code of 1986;
``(ii) under subparagraph (F)(ii) to ensure
that an applicable taxpayer receiving minimum
essential coverage under a qualified church
plan receives the same premium tax credit as
any other applicable taxpayer under section
1401;
``(iii) under subparagraph (F)(iii) to
ensure that an eligible insured receiving
minimum essential coverage under a qualified
church plan receives the same reduction in
cost-sharing as any other eligible insured
under section 1402; and
``(iv) providing church plans sufficient
opportunity to make appropriate transitions in
order to meet the definition of qualified
church plan under subparagraph (B).''.
(b) Effective Date.--The amendments made by this Act shall take
effect as if enacted as part of the Patient Protection and Affordable
Care Act (Public Law 111-148).
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Church Health Plan Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to include qualified church plans, established and maintained for employees or their beneficiaries, by a church or by a convention or association of churches, as qualified health plans that provide essential health benefits packages. Excludes such plans from participation in American Health Benefits Exchanges established by states. Allows such plans to: (1) differentiate premiums using methods and criteria consistent with those used to assess charges and payments to other qualified health plans based on PPACA risk adjustment requirements and regulations concerning rates and payments, and (2) develop additional methods and criteria to define and account for the actuarial risk associated with the prohibition against qualified church plans enrolling a larger number and more diverse pool of enrollees as long as such additional methods and criteria are consistent with the risk adjustment methods. Provides standards for deeming an employer participating in such a plan as an eligible small employer for purposes of the income tax credit for employee health insurance expenses. Deems an individual receiving minimum essential coverage under such a plan to: (1) satisfy the individual responsibility requirements of the Internal Revenue Code, and (2) qualify for premium tax credits and reductions in cost-sharing if the household income requirements are met.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Cut Act''.
SEC. 2. DEDUCTION FOR DOMESTIC BUSINESS INCOME OF QUALIFIED SMALL
BUSINESSES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 200. DOMESTIC BUSINESS INCOME OF QUALIFIED SMALL BUSINESSES.
``(a) Allowance of Deduction.--In the case of a qualified small
business, there shall be allowed as a deduction an amount equal to 20
percent of the lesser of--
``(1) the qualified domestic business income of the
taxpayer for the taxable year, or
``(2) taxable income (determined without regard to this
section) for the taxable year.
``(b) Deduction Limited Based on Wages Paid.--
``(1) In general.--The amount of the deduction allowable
under subsection (a) for any taxable year shall not exceed 50
percent of the greater of--
``(A) the W-2 wages of the taxpayer paid to non-
owners, or
``(B) the sum of--
``(i) the W-2 wages of the taxpayer paid to
individuals who are non-owner family members of
direct owners, plus
``(ii) any W-2 wages of the taxpayer paid
to 10-percent-or-less direct owners.
``(2) Definitions related to ownership.--For purposes of
this section--
``(A) Non-owner.--The term `non-owner' means, with
respect to any qualified small business, any person who
does not own (and is not considered as owning within
the meaning of subsection (c) or (e)(3) of section 267,
as the case may be) any stock of such business (or, if
such business is other than a corporation, any capital
or profits interest of such business).
``(B) Non-owner family members.--An individual is a
non-owner family member of a direct owner if--
``(i) such individual is family (within the
meaning of section 267(c)(4)) of a direct
owner, and
``(ii) such individual would be a non-owner
if subsections (c) and (e)(3) of section 267
were applied without regard to section
267(c)(2).
``(C) Direct owner.--The term `direct owner' means,
with respect to any qualified small business, any
person who owns (or is considered as owning under the
applicable non-family attribution rules) any stock of
such business (or, if such business is other than a
corporation, any capital or profits interest of such
business).
``(D) 10-percent-or-less direct owners.--The term
`10-percent-or-less direct owner' means, with respect
to any qualified small business, any direct owner of
such business who owns (or is considered as owning
under the applicable non-family attribution rules)--
``(i) in the case of a qualified small
business which is a corporation, not more than
10 percent of the outstanding stock of the
corporation or stock possessing more than 10
percent of the total combined voting power of
all stock of the corporation, or
``(ii) in the case of a qualified small
business which is not a corporation, not more
than 10 percent of the capital or profits
interest of such business.
``(E) Applicable non-family attribution rules.--The
term `applicable non-family attribution rules' means
the attribution rules of subsection (c) or (e)(3) of
section 267, as the case may be, but in each case
applied without regard to section 267(c)(2).
``(3) W-2 wages.--For purposes of this section--
``(A) In general.--The term `W-2 wages' means, with
respect to any person for any taxable year of such
person, the sum of the amounts described in paragraphs
(3) and (8) of section 6051(a) paid by such person with
respect to employment of employees by such person
during the calendar year ending during such taxable
year.
``(B) Limitation to wages attributable to qualified
domestic business income.--Such term shall not include
any amount which is not properly allocable to domestic
business gross receipts for purposes of subsection
(c)(1).
``(C) Other requirements.--Except in the case of
amounts treated as W-2 wages under paragraph (4)--
``(i) such term shall not include any
amount which is not allowed as a deduction
under section 162 for the taxable year, and
``(ii) such term shall not include any
amount which is not properly included in a
return filed with the Social Security
Administration on or before the 60th day after
the due date (including extensions) for such
return.
``(4) Certain partnership distributions treated as w-2
wages.--
``(A) In general.--In the case of a qualified small
business which is a partnership and elects the
application of this paragraph for the taxable year--
``(i) the qualified domestic business
taxable income of such partnership for such
taxable year (determined after the application
of clause (ii)) which is allocable under rules
similar to the rules of section
199(d)(1)(A)(ii) to each qualified service-
providing partner shall be treated for purposes
of this section as W-2 wages paid during such
taxable year to such partner as an employee,
and
``(ii) the domestic business gross receipts
of such partnership for such taxable year shall
be reduced by the amount so treated.
``(B) Qualified service-providing partner.--For
purposes of this paragraph, the term `qualified
service-providing partner' means, with respect to any
qualified domestic business taxable income, any partner
who is a 10-percent-or-less direct owner and who
materially participates in the trade or business to
which such income relates.
``(5) Acquisitions and dispositions.--The Secretary shall
provide for the application of this subsection in cases where
the taxpayer acquires, or disposes of, the major portion of a
trade or business or the major portion of a separate unit of a
trade or business during the taxable year.
``(c) Qualified Domestic Business Income.--For purposes of this
section--
``(1) In general.--The term `qualified domestic business
income' for any taxable year means an amount equal to the
excess (if any) of--
``(A) the taxpayer's domestic business gross
receipts for such taxable year, over
``(B) the sum of--
``(i) the cost of goods sold that are
allocable to such receipts, and
``(ii) other expenses, losses, or
deductions (other than the deduction allowed
under this section), which are properly
allocable to such receipts.
``(2) Domestic business gross receipts.--
``(A) In general.--The term `domestic business
gross receipts' means the gross receipts of the
taxpayer which are effectively connected with the
conduct of a trade or business within the United States
within the meaning of section 864(c) but determined--
``(i) without regard to paragraphs (3),
(4), and (5) thereof, and
``(ii) by substituting `qualified small
business (within the meaning of section 200)'
for `nonresident alien individual or a foreign
corporation' each place it appears therein.
``(B) Exceptions.--For purposes of paragraph (1),
domestic business gross receipts shall not include any
of the following:
``(i) Gross receipts derived from the sale
or exchange of--
``(I) a capital asset, or
``(II) property used in the trade
or business (as defined in section
1231(b)).
``(ii) Royalties, rents, dividends,
interest, or annuities.
``(iii) Any amount which constitutes wages
(as defined in section 3401).
``(3) Application of certain rules.--Rules similar to the
rules of paragraphs (2) and (3) of section 199(c) shall apply
for purposes of this section (applied with respect to qualified
domestic business income in lieu of qualified production
activities income and with respect to domestic business gross
receipts in lieu of domestic production gross receipts).
``(d) Qualified Small Business.--For purposes of this section--
``(1) In general.--The term `qualified small business'
means any employer engaged in a trade or business if such
employer had fewer than 500 full-time equivalent employees for
either calendar year 2010 or 2011.
``(2) Full-time equivalent employees.--The term `full-time
equivalent employees' has the meaning given such term by
subsection (d)(2) of section 45R applied--
``(A) without regard to subsection (d)(5) of such
section,
``(B) with regard to subsection (e)(1) of such
section, and
``(C) by substituting `calendar year' for `taxable
year' each place it appears therein.
``(3) Employers not in existence prior to 2012.--In the
case of an employer which was not in existence on January 1,
2012, the determination under paragraph (1) shall be made with
respect to calendar year 2012.
``(4) Application to calendar years in which employer in
existence for portion of calendar year.--In the case of any
calendar year during which the employer comes into existence,
the number of full-time equivalent employees determined under
paragraph (2) with respect to such calendar year shall be
increased by multiplying the number so determined (without
regard to this paragraph) by the quotient obtained by
dividing--
``(A) the number of days in such calendar year, by
``(B) the number of days during such calendar year
which such employer is in existence.
``(5) Special rules.--
``(A) Aggregation rule.--For purposes of paragraph
(1), any person treated as a single employer under
subsection (a) or (b) of section 52 (applied without
regard to section 1563(b)) or subsection (m) or (o) of
section 414 shall be treated as a single employer for
purposes of this subsection.
``(B) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(e) Special Rules.--
``(1) Elective application of deduction.--Except as
otherwise provided by the Secretary, the taxpayer may elect not
to take any item of income into account as domestic business
gross receipts for purposes of this section.
``(2) Coordination with section 199.--If a deduction is
allowed under this section with respect to any taxpayer for any
taxable year--
``(A) any gross receipts of the taxpayer which are
taken into account under this section for such taxable
year shall not be taken into account under section 199
for such taxable year, and
``(B) the W-2 wages of the taxpayer which are taken
into account under this section shall not be taken into
account under section 199 for such taxable year.
``(3) Application of certain rules.--Rules similar to the
rules of paragraphs (1), (2), (3), (4), (6), and (7) of section
199(d) shall apply for purposes of this section (applied with
respect to qualified domestic business income in lieu of
qualified production activities income).
``(f) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out the purposes of this section, including
regulations which prevent a taxpayer which reorganizes from being
treated as a qualified small business if such taxpayer would not have
been treated as a qualified small business prior to such
reorganization.
``(g) Application.--Subsection (a) shall apply only with respect to
the first taxable year of the taxpayer beginning after December 31,
2011.''.
(b) Conforming Amendments.--
(1) Section 56(d)(1)(A) of such Code is amended by striking
``deduction under section 199'' both places it appears and
inserting ``deductions under sections 199 and 200''.
(2) Section 56(g)(4)(C) of such Code is amended by adding
at the end the following new clause:
``(vii) Deduction for domestic business
income of qualified small businesses.--Clause
(i) shall not apply to any amount allowable as
a deduction under section 200.''.
(3) The following provisions of such Code are each amended
by inserting ``200,'' after ``199,''.
(A) Section 86(b)(2)(A).
(B) Section 135(c)(4)(A).
(C) Section 137(b)(3)(A).
(D) Section 219(g)(3)(A)(ii).
(E) Section 221(b)(2)(C)(i).
(F) Section 222(b)(2)(C)(i).
(G) Section 246(b)(1).
(H) Section 469(i)(3)(F)(iii).
(4) Section 163(j)(6)(A)(i) of such Code is amended by
striking ``and'' at the end of subclause (III) and by inserting
after subclause (IV) the following new subclause:
``(V) any deduction allowable under
section 200, and''.
(5) Section 170(b)(2)(C) of such Code is amended by
striking ``and'' at the end of clause (iv), by striking the
period at the end of clause (v) and inserting ``, and'', and by
inserting after clause (v) the following new clause:
``(vi) section 200.''.
(6) Section 172(d) of such Code is amended by adding at the
end the following new paragraph:
``(8) Domestic business income of qualified small
businesses.--The deduction under section 200 shall not be
allowed.''.
(7) Section 613(a) of such Code is amended by striking
``deduction under section 199'' and inserting ``deductions
under sections 199 and 200''.
(8) Section 613A(d)(1) of such Code is amended by
redesignating subparagraphs (C), (D), and (E) as subparagraphs
(D), (E), and (F), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
``(C) any deduction allowable under section 200,''.
(9) Section 1402(a) of such Code is amended by striking
``and'' at the end of paragraph (16), by redesignating
paragraph (17) as paragraph (18), and by inserting after
paragraph (16) the following new paragraph:
``(17) the deduction provided by section 200 shall not be
allowed; and''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 200. Domestic business income of qualified small businesses.''.
Passed the House of Representatives April 19, 2012.
Attest:
KAREN L. HAAS,
Clerk.
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Small Business Tax Cut Act - Amends the Internal Revenue Code to allow a qualified small business a tax deduction equal to 20% of the lesser of qualified domestic business income or taxable income. Defines: (1) "qualified small business" as any employer engaged in a trade or business if such employer had fewer than 500 full-time employees in either 2010 or 2011; and (2) "qualified domestic business income" as an amount equal to the excess (if any) of the taxpayer's domestic business gross receipts (i.e., gross receipts effectively connected with a trade or business within the United States) for a taxable year over the sum of the cost of goods sold allocable to such receipts and other expenses, losses, or deductions properly allocable to such receipts.
Limits the amount of such deduction to 50% of the greater of: (1) the taxpayer's W-2 wages (payroll) paid to non-owners of the taxpayer's business; or (2) the sum of the W-2 wages paid to individuals who are non-owner family members of direct owners (i.e., stockholders of the business), plus any W-2 wages paid to direct owners who have an ownership interest in the business of 10% or less.
Directs the Secretary of the Treasury to prescribe regulations to carry out this Act, including regulations to prevent a taxpayer that reorganizes from being treated as a qualified small business if such taxpayer would not have been treated as a qualified small business prior to such reorganization.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children First SCHIP Improvement Act
of 2002''.
SEC. 2. PERMITTING USE OF RETAINED FISCAL YEAR 1998, 1999, AND 2000
SCHIP ALLOTMENTS THROUGH FISCAL YEAR 2003.
(a) Retained and Redistributed Allotments for Fiscal Years 1998 and
1999.--Paragraphs (1)(B)(ii), (2)(A)(i), and (2)(A)(ii) of section
2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each
amended by striking ``fiscal year 2002'' and inserting ``fiscal year
2003''.
(b) Fiscal Year 2000.--Section 2104(g)(2) of such Act (42 U.S.C.
1397dd(g)(2)) is amended--
(1) in the heading, by striking ``and 1999'' and inserting
``through 2000'';
(2) by adding at the end of subparagraph (A) the following:
``(iii) Fiscal year 2000 allotment.--
``(I) In general.--Except as
provided in subclause (II) with respect
to high unemployment States, of the
amounts allotted to a State pursuant to
this section for fiscal year 2000 that
were not expended by the State by the
end of fiscal year 2002, the amount
specified in subparagraph (B) for
fiscal year 2000 for such State shall
remain available for expenditure by the
State through the end of fiscal year
2003.
``(II) Special rule for high
unemployment states.--With respect only
to high unemployment States (as defined
in subparagraph (D)), of the amounts
allotted to such a State pursuant to
this section for fiscal year 2000 that
were not expended by the State by the
end of fiscal year 2002, all such
amounts for fiscal year 2000 for such
State shall remain available for
expenditure by the State through the
end of fiscal year 2003.''; and
(3) by adding at the end the following new subparagraph:
``(D) High unemployment state defined.--For
purposes of subparagraph (A)(iii), the term `high
unemployment State' means a State that is any of the 50
States or the District of Columbia and that had an
unemployment rate (seasonally adjusted) of at least 6
percent in each of two consecutive months in 2002.''.
(c) Use of Unused Fiscal Year 1998 Through 2000 Funds.--Section
2104(g) of such Act (42 U.S.C. 1397dd(g)), as amended by subsection
(b), is further amended by adding at the end the following new
paragraph:
``(5) Use of unexpended fiscal years 1998 through 2000
allotments.--Notwithstanding any waiver granted under section
1115 or otherwise for the use of funds under title XIX or this
title that is approved as of September 30, 2002, amounts made
available for expenditure under this subsection to provide
child health assistance under this title shall be expended in
accordance with the following priority:
``(A) First to children who are eligible for child
health assistance under this title.
``(B) Second to children who are eligible for
medical assistance under title XIX.''.
(d) Effective Date.--The amendments made by this section shall be
effective as if this section had been enacted on September 30, 2002,
and amounts under title XXI of the Social Security Act (42 U.S.C. 1397
et seq.) from allotments for fiscal years 1998 through 2000 are
available for expenditure on and after October 1, 2002, under the
amendments made by this section as if this section had been enacted on
September 30, 2002.
SEC. 3. SCHIP COVERAGE OF CHILDREN ABOVE THE MEDICAID MANDATORY LEVEL
FOR CERTAIN STATES MEETING ADDITIONAL REQUIREMENTS.
Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b)) is
amended--
(1) in paragraph (1)(B)(ii)(I), by inserting before the
semicolon the following: ``, or, with respect to allotments for
fiscal years beginning with fiscal year 2001, in the case of an
eligible State (as defined in paragraph (5)), whose family
income (as so determined) exceeds such medicaid applicable
income level''; and
(2) by adding at the end the following new paragraph:
``(5) Eligible state.--For purposes of paragraph
(1)(B)(ii)(I), an eligible State is a State that, with respect
to the fiscal year involved, meets all of the following
conditions:
``(A) Expanded eligibility of children under
medicaid.--The State's plan for medical assistance
under title XIX provides for eligibility for medical
assistance of children who are under 19 years of age
and whose family income does not exceed 185 percent of
the poverty line.
``(B) Highest schip income eligibility.--The State
child health plan (whether implemented under this title
or under title XIX)--
``(i) has the highest income eligibility
standard permitted under this title as of
January 1, 2001;
``(ii) does not impose any waiting list,
numerical limitation, or similar limitation on
the eligibility of children for child health
assistance; and
``(iii) provides benefits to all children
in the State who apply for and meet eligibility
standards.
``(C) No loss of medicaid or schip coverage due to
inability to pay premiums and cost-sharing.--The
State's plan for medical assistance under title XIX and
the State child health plan do deny an eligible child
coverage or needed care because of an inability to pay
premiums or cost-sharing otherwise imposed under the
respective plan.
``(D) Uniform, simplified application form.--With
respect to children who are eligible for medical
assistance under section 1902(a)(10)(A), the State uses
the same uniform, simplified application form
(including, if applicable, permitting application other
than in person) for purposes of establishing
eligibility for benefits under this title and also
under title XIX.
``(E) No asset test.--The State does not impose an
asset test for eligibility under this title or under
section 1902(l) with respect to children.
``(F) 12-month continuous enrollment.--The State
has elected the option of continuing eligibility under
section 1902(e)(12) and has elected a 12-month period
under subparagraph (A) of such section and provides for
a similar period of continuous eligibility under the
State child health plan.
``(G) Coordinated enrollment process.--The State's
enrollment process under this title is coordinated with
such process under title XIX so that--
``(i) a family need only interact with a
single agency in order to determine whether a
child is eligible for benefits under this title
or title XIX; and
``(ii) transfers of enrollment, without a
gap in coverage, automatically occur for a
child in a family the income of which changes
so that the child is no longer eligible for
benefits under one such title but becomes
eligible for benefits under the other title.
``(H) Same verification and redetermination
policies; automatic reassessment of eligibility.--With
respect to children who are eligible for medical
assistance under section 1902(a)(10)(A), the State
provides for initial eligibility determinations and
redeterminations of eligibility using the same
verification policies (including policies respecting
face-to-face interviews), forms, and frequency as the
State uses for such purposes under this title, and, as
part of such redeterminations, provides for the
automatic reassessment of the eligibility of such
children for assistance under this title and title XIX.
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Children First SCHIP Improvement Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to provide for: (1) extending the availability through FY 2003 of SCHIP allotments for FY 1998 through 2000; and (2) SCHIP coverage of children whose family income exceeds the Medicaid applicable income level for eligible States.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Evaluation Parity for
Servicemembers Act of 2015''.
SEC. 2. PRELIMINARY MENTAL HEALTH SCREENINGS FOR INDIVIDUALS BECOMING
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 31 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 520d. Preliminary mental health screenings
``(a) Provision of Mental Health Screening.--Before any individual
enlists in an armed force or is commissioned as an officer in an armed
force, the Secretary concerned shall provide the individual with a
mental health screening.
``(b) Use of Screening.--(1) The Secretary shall use the results of
a mental screening conducted under subsection (a) as a baseline for any
subsequent mental health examinations of the individual, including such
examinations provided under sections 1074f and 1074m of this title.
``(2) The Secretary may not consider the results of a mental health
screening conducted under subsection (a) in determining the promotion
of a member of the armed forces.
``(c) Application of Privacy Laws.--With respect to applicable laws
and regulations relating to the privacy of information, the Secretary
shall treat a mental health screening conducted under subsection (a) in
the same manner as the medical records of a member of the armed
forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
520c the following new item:
``520d. Preliminary mental health screenings.''.
(c) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the National
Institute of Mental Health of the National Institutes
of Health shall submit to Congress and the Secretary of
Defense a report on preliminary mental health
screenings of members of the Armed Forces.
(B) Matters included.--The report under
subparagraph (A) shall include the following:
(i) Recommendations with respect to
establishing a preliminary mental health
screening of members of the Armed Forces to
bring mental health screenings to parity with
physical screenings of members.
(ii) Recommendations with respect to the
composition of the mental health screening,
evidenced-based best practices, and how to
track changes in mental health screenings
relating to traumatic brain injuries, post-
traumatic stress disorder, and other
conditions.
(C) Coordination.--The National Institute of Mental
Health shall carry out subparagraph (A) in coordination
with the Secretary of Veterans Affairs, the Secretary
of Health and Human Services, the surgeons general of
the military departments, and other relevant experts.
(2) Reports on efficacy of screenings.--
(A) Secretary of defense.--Not later than one year
after the date on which the Secretary of Defense begins
providing preliminary mental health screenings under
section 520d(a) of title 10, United States Code, as
added by subsection (a), the Secretary shall submit to
Congress a report on the efficacy of such preliminary
mental health screenings.
(B) Comptroller general.--Not later than one year
after the submittal of the report under subparagraph
(A), the Comptroller General of the United States shall
submit to Congress a report on the efficacy of the
preliminary mental health screenings described in such
subparagraph.
(C) Matters included.--The reports required by
subparagraphs (A) and (B) shall include the following:
(i) An evaluation of the evidence-based
best practices used by the Secretary in
composing and conducting preliminary mental
health screenings of members of the Armed
Forces under such section 520d(a).
(ii) An evaluation of the evidence-based
best practices used by the Secretary in
tracking changes in mental health screenings
relating to traumatic brain injuries, post-
traumatic stress disorder, and other conditions
among members of the Armed Forces.
(d) Implementation of Preliminary Mental Health Screening.--The
Secretary of Defense may not provide a preliminary mental health
screening under section 520d(a) of title 10, United States Code, as
added by subsection (a), until the Secretary receives and evaluates the
initial report required by subsection (c)(1).
SEC. 3. REPORT ON EFFICACY OF PHYSICAL EXAMINATIONS FOR CERTAIN MEMBERS
OF THE ARMED FORCES UPON SEPARATION FROM ACTIVE DUTY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the efficacy of the mental health components of
the physical examinations provided under paragraph (5) of section
1145(a) of title 10, United States Code, to members of the Armed Forces
who are separated from active duty as described in paragraph (2) of
such section.
(b) Evaluation of Effectiveness.--The report required by subsection
(a) shall include an evaluation of the effectiveness of the physical
examinations described in such subsection in--
(1) identifying members of the Armed Forces with traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions; and
(2) ensuring that health care is provided for such members.
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Medical Evaluation Parity for Servicemembers Act of 2015 Directs the Secretary of the military department concerned to: (1) provide an individual with a mental health screening before such individual enlists or is commissioned as an officer in the Armed Forces, and (2) use such results as a baseline for any subsequent mental health examinations. Prohibits the Secretary from considering the results of such screening in determining the promotion of a member of the Armed Forces. Directs the Secretary to treat a screening in the same manner as medical records with respect to laws and regulations relating to the privacy of information. Requires the National Institute of Mental Health of the National Institutes of Health to submit to Congress and the Department of Defense (DOD) a report on preliminary mental health screenings of members of the Armed Forces, including recommendations regarding: (1) establishing preliminary mental health screenings to establish parity with physical screenings; and (2) the composition of the mental health screening, evidenced-based best practices, and how to track changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. Directs DOD and the Government Accountability Office to report on the efficacy of preliminary mental health screenings. Requires DOD to report on the efficacy of the mental health components of the physical examinations to members of the Armed Forces who are separated from active duty.
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Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Agricultural Response Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Use of disaster reserve authority to provide disaster
assistance to certain producers.
Sec. 3. Uncapping loan rates for marketing assistance loans for certain
crops.
Sec. 4. Extension of marketing assistance loans.
Sec. 5. Reinstatement of farmer-owned reserve program.
Sec. 6. Strategic food reserve of loan commodities.
Sec. 7. Improved delivery of Farm Service Agency services at local and
area level.
Sec. 8. Temporary conservation reserve to respond to disease
infestations.
Sec. 9. Special crop insurance rules for counties subject to disaster
declaration.
SEC. 2. USE OF DISASTER RESERVE AUTHORITY TO PROVIDE DISASTER
ASSISTANCE TO CERTAIN PRODUCERS.
(a) Provision of Assistance.--Section 813(a) of the Agricultural
Act of 1970 (7 U.S.C. 1427a(a)) is amended by adding at the end the
following:
``The Secretary shall use funds appropriated for the purposes of
this section to make cash payments to agricultural producers to augment
crop insurance benefits for the purpose of alleviating distress caused
by multiple year crop losses.''
(b) Appropriations.--There is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, $1,200,000,000 for the
reserve established under section 813 of the Agricultural Act of 1970
(7 U.S.C. 1427a).
(c) Designation of Emergency.--The amount appropriated under
subsection (b) shall be available only to the extent that the President
submits to Congress an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). The
entire amount of the funds is designated by Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
SEC. 3. UNCAPPING LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN
CROPS.
(a) Wheat.--Subsection (a)(1) of section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) is amended--
(1) in subparagraph (A), by striking ``5 crops'' and
inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''.
(b) Feed Grains.--Subsection (b)(1) of such section is amended--
(1) in subparagraph (A), by striking ``5 crops'' and
inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''; in subparagraph (A), by striking
``5 crops'' and inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''.
(c) Upland Cotton.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the matter before the subparagraphs, by
striking ``the smaller of'' and inserting ``the greater
of''; and
(B) in subparagraph (A), by striking ``during 3
years of the 5-year period'' and inserting ``during 5
years of the 7-year period''; and
(2) in paragraph (2), by striking ``or more than $0.5192
per pound''.
(d) Extra Long Staple Cotton.--Subsection (d) of such section is
amended--
(1) in paragraph (1), by striking ``during 3 years of the
5-year period'' and inserting ``during 5 years of the 7-year
period''; and
(2) in paragraph (2), by striking ``not more than'' and
inserting ``not less than''.
(e) Rice.--Subsection (e) of such section is amended by inserting
``not less than'' after ``shall be''.
(f) Oilseeds.--Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``5 crops'' and
inserting ``7 crops'';
(2) in paragraph (1)(B), by striking ``or more than
$5.26''; and
(3) in paragraph (2)(B), by striking ``or more than
$0.093''.
SEC. 4. EXTENSION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extension.--The Secretary may extend the term of marketing
assistance loans made to producers under this subtitle for any loan
commodity for a 6-month period if the Secretary determines that the
extension will promote the orderly delivery of the loan commodity,
materially reduce program costs to the Government, or result in a
significant improvement in income for producers.''.
SEC. 5. REINSTATEMENT OF FARMER-OWNED RESERVE PROGRAM.
Section 171(b)(1) of the Agricultural Market Transition Act (7
U.S.C. 7301(b)(1)) is amended by striking subparagraph (E).
SEC. 6. STRATEGIC FOOD RESERVE OF LOAN COMMODITIES.
Subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231
et seq.) is amended by adding at the end the following new section:
``SEC. 138. STRATEGIC FOOD RESERVE.
``(a) Reserve Required.--The Secretary shall build a reserve stock
of a loan commodity whenever prices for that commodity fall below 75
percent of the loan rate for marketing assistance loans for that
commodity.
``(b) Methods of Acquisition.--Loan commodities for inclusion in
the reserve may be acquired--
``(1) through purchases--
``(A) from producers; or
``(B) in the market, if the Secretary determines
that the purchases will not unduly disrupt the market;
or
``(2) by designation by the Secretary of stocks of loan
commodities of the Commodity Credit Corporation.
``(c) Release of Eligible Commodities.--The Secretary may release
stocks of a loan commodity in the reserve only when there is such a
domestic shortage of the loan commodity that--
(1) widespread concern exists about the supply of
affordable food for residents of the United States; and
(2) prices for the commodity exceed 200 percent of the loan
rate for marketing assistance loans for the commodity.
``(d) Administration.--To the maximum extent practicable consistent
with the fulfillment of the purposes of this section and the effective
and efficient administration of this section, the Secretary shall use
the usual and customary channels, facilities, arrangements, and
practices of trade and commerce to release stocks of a loan commodity
maintained in the reserve. The Secretary shall administer the release
of stocks from the reserve so as to ensure that the prices received by
agricultural producers of that commodity are not depressed as a result
of the release.
``(e) Limitation on Total Quantity Acquired.--The Secretary may not
acquire for inclusion in the reserve more than 25 percent of the
average annual production of a loan commodity.
``(f) Management of Commodities.--The Secretary shall provide--
``(1) for the management of loan commodities in the
reserve, including the selection of storage locations; and
``(2) for the periodic rotation or replacement of stocks of
loan commodities in the reserve to avoid spoilage and
deterioration of the commodities.
``(g) Use of Commodity Credit Corporation.--The funds, facilities,
and authorities of the Commodity Credit Corporation shall be used by
the Secretary in carrying out this section, except that any restriction
applicable to the acquisition, storage, or disposition of commodities
owned or controlled by the Commodity Credit Corporation shall not
apply.''.
SEC. 7. IMPROVED DELIVERY OF FARM SERVICE AGENCY SERVICES AT LOCAL AND
AREA LEVEL.
(a) Transfer of Funds for Fiscal Year 1999.--To ensure the prompt
response of the Farm Service Agency during fiscal year 1999 to requests
submitted by producers, the Secretary of Agriculture may transfer to
the Farm Service Agency from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture an amount
equal to not more than 25 percent of the operating budget for that
fiscal year of local and area offices of the Farm Service Agency.
Amounts transferred under this subsection may be used only for
activities at local and area offices of the Farm Service Agency.
(b) Subsequent Years.--The Secretary of Agriculture shall include
in the materials submitted to Congress in support of the budget request
for the Department of Agriculture for each fiscal year a certification
that the amount requested for the operation of local and area offices
of the Farm Service Agency will be sufficient to meet the expected
needs of agricultural producers for services.
SEC. 8. TEMPORARY CONSERVATION RESERVE TO RESPOND TO DISEASE
INFESTATIONS.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.) is amended by inserting after section 1256 the following
new section:
``SEC. 1257. THREE-YEAR CONSERVATION RESERVE FOR DISEASED CROPLANDS.
``(a) Reserve Required.--Using the authority provided in subchapter
B, the Secretary shall formulate and carry out the enrollment of lands
described in subsection (b) in a conservation reserve program through
the use of contracts to assist owners and operators of such lands to
combat plant diseases that have devastated the lands.
``(b) Eligible Lands.--The Secretary shall include in the program
only those croplands that have been devastated by a plant disease for
which effective responses are reasonably anticipated within four years,
but are otherwise suitable for the production of crops or livestock.
``(c) Term of Contract.--A contract under this section shall have a
term of three years.''.
SEC. 9. SPECIAL CROP INSURANCE RULES FOR COUNTIES SUBJECT TO DISASTER
DECLARATION.
(a) Multi-Peril Crop Insurance.--For purposes of administering the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for producers
operating in a county described in subsection (c), the Secretary of
Agriculture may not--
(1) include the producer in any nonstandard classification
list on account of the inclusion of the county in a designated
disaster area; or
(2) determine, without the consent of the producer, the
actual production history of the producer using production
records of any crop year during which the county was included
in a designated disaster area.
(b) Exception.--Subsection (a) shall not apply to a disaster that
the Secretary of Agriculture determines is a reoccurring, frequent, and
well-known risk of farming in the locale, and the risks cannot
reasonably be expected to be controlled or eliminated by crop
protection efforts within a 7-year period.
(c) Covered Counties.--This section applies with respect to a
county that is included in whole or in part in a designated disaster
area.
(d) Designated Disaster Area Defined.--In this section, the term
``designated disaster area'' means an area--
(1) covered by a Presidential declaration of major disaster
issued under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) on account
of damaging weather or a related condition in the area; or
(2) determined to be a disaster area by the Secretary of
Agriculture under subpart A of part 1945 of title 7, Code of
Federal Regulations, on account of damaging weather or a
related condition in the area.
(e) Effective Date.--This section shall apply beginning with the
1999 crop year for each commodity that is grown in a covered county and
for which multi-peril crop insurance is generally available in the
United States.
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Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation.
(Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions.
(Sec. 5) Repeals the temporary suspension of the farmer owned reserve program.
(Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate.
(Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services.
(Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands.
(Sec. 9) Sets forth specified crop insurance rules for disaster-designated counties.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Price and Supply Information
Act of 1993''.
SEC. 2. SURVEY OF FUEL PRICES AND INVENTORIES.
(a) In General.--The Administrator of the Energy Information
Administration of the Department of Energy shall conduct and publish
surveys of--
(1) wholesale and retail prices and primary and secondary
inventory levels of home heating fuel on a national, State, and
PADD basis;
(2) wholesale prices and primary inventory levels of home
heating fuel on a company-by-company basis (without identifying
the names of such companies);
(3) wellhead and citygate prices of natural gas by major
interstate pipeline;
(4) inventory levels of working natural gas and base
natural gas held in underground storage by interstate and
intrastate operator;
(5) wholesale and retail prices and primary and secondary
inventory levels of automotive fuel on a national, State, and
PADD basis; and
(6) wholesale prices and primary inventory levels of
automotive fuel on a company-by-company basis (without
identifying the names of such companies).
(b) Frequency of Surveys.--
(1) Home heating fuel and natural gas.--The surveys
described in paragraphs (1), (2), (3), and (4) of subsection
(a) shall be conducted and published weekly during each winter
heating season beginning with the first winter heating season
following the date of enactment of this Act.
(2) Automotive fuel.--The surveys described in paragraphs
(5) and (6) of subsection (a) shall be conducted and published
weekly throughout each year beginning 6 months after the date
of enactment of this Act.
SEC. 3. RECOMMENDED ADEQUATE INVENTORY LEVELS.
(a) In General.--The Secretary shall, after consultation with the
Administrator of the Energy Information Administration and State energy
offices, establish recommended adequate inventory levels for home
heating fuel, natural gas, and automotive fuel in accordance with this
section. Such levels shall constitute the amount of inventories
necessary to prevent substantial disruptions in supply or substantial
price increases and shall exceed levels regarded as minimum operating
levels, below which operating problems and shortages would appear in
the national distribution system.
(b) Home Heating Fuel.--In the case of home heating fuel, such
levels shall be established for primary and secondary inventories on a
national, state, and PADD basis. Such levels shall be established
before each winter heating season and remain in effect for that season.
(c) Natural Gas.--In the case of natural gas, such level shall be
established on a national basis for natural gas held in underground
storage. Such level shall be established before each winter heating
season and remain in effect for that season.
(d) Automotive Fuel.--In the case of automotive fuel, such levels
shall be established for primary and secondary inventories on a
national and PADD basis. Such levels shall be established for each 6
month period beginning 6 months after the date of enactment of this
Act.
SEC. 4. NOTIFICATION OF INVENTORY LEVELS.
(a) Home Heating Fuel and Natural Gas.--
(1) Preseason notification.--Not later than October 1 of
each year, the Secretary shall notify the Congress, the
President, and State energy offices concerning whether
inventories of home heating fuel and natural gas meet the
recommended adequate inventory levels established under section
3 for the winter heating season beginning that October 1.
(2) Supplemental notifications.--If, at any time during any
winter heating season, inventories of home heating fuel or
natural gas fall below the recommended adequate inventory
levels established under section 3 for that winter heating
season, the Secretary shall notify the Congress, the President,
and the State energy office of any State concerned, and shall
make recommendations for legislative and administrative actions
necessary to restore inventories to such recommended adequate
levels.
(b) Automotive Fuel.--If, at any time, inventories of automotive
fuel fall below the recommended adequate inventory levels established
under section 3 for that 6 month period, the Secretary shall notify the
Congress, the President, and the State energy office of any State
concerned, and shall make recommendations for legislative and
administrative actions necessary to restore inventories to such
recommended adequate levels.
SEC. 5. REPORT ON INTERRUPTIBLE NATURAL GAS CONTRACTS.
The Secretary shall conduct a study of the effect, if any, of
interruptible natural gas contracts on the demand and supply of home
heating fuel during the 1989-1990 winter heating season. The Secretary
shall issue a report on the findings of the study no later than 6
months after the date of enactment of this Act. The report shall
include any recommendations concerning alternate fuel storage
requirements for holders of interruptible natural gas contracts and
recommendations concerning other matters relevant to the purposes of
this Act.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) the term ``home heating fuel'' means home heating oil,
propane, and diesel fuel;
(2) the term ``PADD'' means Petroleum Administration
Defense District;
(3) the term ``primary inventory'' means manufacturer
inventory;
(4) the term ``secondary inventory'' means bulk plant,
wholesaler, and retailer inventory;
(5) the term ``Secretary'' means the Secretary of Energy;
and
(6) the term ``winter heating season'' means the period
beginning on October 1 of a year and ending on April 30 of the
following year.
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Energy Price and Supply Information Act of 1993 - Directs the Administrator of the Energy Information Administration of the Department of Energy to conduct and publish weekly surveys on a national, State, and PADD (Petroleum Administration Defense District) basis during each winter season with respect to: (1) home heating fuel; (2) natural gas; and (3) automotive fuel.
Directs the Secretary of Energy to establish on such bases recommended adequate inventory levels for home heating fuel, natural gas, and automotive fuel.
Requires the Secretary to: (1) notify the Congress, the President, and State energy offices before October 1 of each year whether such inventory levels will be met for the winter heating season; and (2) recommend legislative and administrative actions necessary to restore inadequate inventories if they fall below recommended levels.
Requires the Secretary to study and report on the effect of interruptible natural gas contracts on the demand and supply of home heating fuel during the 1989-1990 winter heating season.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Water
Commission Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Nation's water resources will be under increasing
stress and pressure in the coming decades;
(2) a thorough assessment of technological and economic
advances that can be employed to increase water supplies or
otherwise meet water needs in every region of the country is
important and long overdue; and
(3) a comprehensive strategy to increase water availability
and ensure safe, adequate, reliable, and sustainable water
supplies is vital to the economic and environmental future of
the Nation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Twenty-First
Century Water Commission'' (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES.
The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional assessments as may be necessary to project future
water supply and demand;
(2) study current water management programs of Federal,
Interstate, State, and local agencies, and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(3) consult with representatives of such agencies and
entities to develop recommendations consistent with laws,
treaties, decrees, and interstate compacts for a comprehensive
water strategy which--
(A) respects the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identifies incentives intended to ensure an
adequate and dependable supply of water to meet the
needs of the United States for the next 50 years;
(C) suggests strategies that avoid increased
mandates on State and local governments;
(D) eliminates duplication and conflict among
Federal governmental programs;
(E) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding the
environment;
(F) recommends means of capturing excess water and
flood water for conservation and use in the event of a
drought;
(G) suggests financing options for comprehensive
water management projects and for appropriate public
works projects;
(H) suggests strategies to conserve existing water
supplies, including recommendations for repairing aging
infrastructure; and
(I) includes other objectives related to the
effective management of the water supply to ensure
reliability, availability, and quality, which the
Commission shall consider appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members who shall be appointed not later than 90 days after the date of
enactment of this Act. Member shall be appointed as follows:
(1) 5 members appointed by the President;
(2) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives; and
(3) 2 members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate.
(b) Qualifications.--Members shall be appointed to the Commission
from among individuals who--
(1) are of recognized standing and distinction in water
policy issues; and
(2) while serving on the Commission, do not hold any other
position as an officer or employee of the United States, except
as a retired officer or retired civilian employee of the United
States.
(c) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members represent a broad
cross section of regional and geographical perspectives in the United
States.
(d) Chairperson.--The Chairperson of the Commission shall be
designated by the President.
(e) Terms.--Members of the Commission shall be appointed not later
than 90 days after the date of enactment of this Act and shall serve
for the life of the Commission.
(f) Vacancies.--A vacancy on the Commission shall not affect its
operation, and shall be filled in the same manner as the original
appointment provided under subsection (a).
(g) Compensation and Travel Expenses.--Members of the Commission
shall serve without compensation, except members shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57, United States
Code.
SEC. 6. MEETINGS AND QUORUM.
(a) Meetings.--The Commission shall hold its first meeting not
later than 60 days after the date on which all members have been
appointed under section 5, and shall hold additional meetings at the
call of the Chairperson or a majority of its members.
(b) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
SEC. 7. DIRECTOR AND STAFF.
A Director shall be appointed by the Speaker of the House of
Representatives and the Majority Leader of the Senate, in consultation
with the Minority Leader and chairmen of the Resources and
Transportation and Infrastructure Committees of the House of
Representatives, and the Minority Leader and chairmen of the Energy and
Natural Resources and Environment and Public Works Committees of the
Senate. The Director and any staff reporting to the Director shall be
paid a rate of pay not to exceed the maximum rate of basic pay for GS-
15 of the General Schedule.
SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold no fewer than 10 hearings
during the life of the Commission. Hearings may be held in conjunction
with meetings of the Commission. The Commission may take such testimony
and receive such evidence as the Commission considers appropriate to
carry out this Act. At least 1 hearing shall be held in Washington,
D.C., for the purpose of taking testimony of representatives of Federal
agencies, national organizations, and Members of Congress. Other
hearings shall be scheduled in distinct geographical regions of the
United States and should seek to ensure testimony from individuals with
a diversity of experiences, including those who work on water issues at
all levels of government and in the private sector.
(b) Information and Support From Federal Agencies.--Upon request of
the Commission, any Federal agency shall--
(1) provide to the Commission, within 30 days of its
request, such information as the Commission considers necessary
to carry out the provisions of this Act; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out the provisions of this Act, in
accordance with section 5(b)(5), Appendix, title 5, United
States Code.
SEC. 9. REPORTS.
(a) Interim Reports.--Not later than 6 months after the date of the
first meeting of the Commission, and every 6 months thereafter, the
Commission shall transmit an interim report containing a detailed
summary of its progress, including meetings and hearings conducted in
the interim period, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(b) Final Report.--As soon as practicable, but not later than 3
years after the date of the first meeting of the Commission, the
Commission shall transmit a final report containing a detailed
statement of the findings and conclusions of the Commission, and
recommendations for legislation and other policies to implement such
findings and conclusions, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
SEC. 10. TERMINATION.
The Commission shall terminate not later than 30 days after the
date on which the Commission transmits a final report under section
9(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000 to carry out
this Act.
Passed the House of Representatives April 12, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
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Twenty-First Century Water Commission Act of 2005 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) respect the primary role of states in adjudicating, administering, and regulating water rights and uses; (2) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (3) suggest strategies that avoid increased mandates on state and local governments; (4) eliminate duplication and conflict among federal programs; (5) consider all available technologies to optimize water supply reliability, availability, and quality, while safeguarding the environment; (6) recommend means of capturing excess water and flood water for conservation and use in the event of a drought; (7) suggest financing options for comprehensive water management projects and appropriate public works projects; and (8) suggest strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure.
Sets forth requirements for semiannual interim reports and a final report within three years. Authorizes appropriations.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Investment Package''.
SEC. 2. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES.
(a) Block Grants.--Section 658B of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:
``SEC. 658B. FUNDING OF GRANTS.
``(a) Authorization of Appropriations.--Except as provided in
subsection (b), there is authorized to be appropriated to carry out
this subchapter $2,000,000,000 for each of fiscal years 1997 through
2002.
``(b) Appropriation.--The Secretary shall pay, from funds in the
Treasury not otherwise appropriated, $1,400,000,000 for fiscal years
1997 through 2002, through the awarding of grants to States under this
subchapter for the purpose of providing child care services for
families who have left the State program of assistance under part A of
title IV of the Social Security Act because of employment, families
that are at risk of becoming dependent on such assistance program, and
low-income working families described in section 658E(c)(3)(D). Funds
shall be paid under this subsection to the States in the same manner,
and subject to the same requirements and limitations, as funds are paid
to the States under section 418 of the Social Security Act (42 U.S.C.
618).''.
(b) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of
the Child Care Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)) is amended by adding at the end the following:
``(E) Child care supply shortages.--
``(i) In general.--A State shall ensure
that 100 percent of amounts paid to the State
out of funds appropriated under section
658B(a)(2) with respect to each of the fiscal
years 1997 through 2002 shall be used to carry
out child care activities described in clause
(ii) in geographic areas within the State that
have a shortage, as determined by the State, in
consultation with localities, of child care
services.
``(ii) Child care activities described.--
The child care activities described in this
clause include the following:
``(I) Infant care programs.
``(II) Before- and after-school
child care programs.
``(III) Resource and referral
programs.
``(IV) Nontraditional work hours
child care programs.
``(V) Extending the hours of pre-
kindergarten programs to provide full-
day services.
``(VI) Any other child care
programs that the Secretary determines
are appropriate.''.
(c) Authorization of Appropriations for Low-Income Working
Families.--
(1) In general.--Section 658B(a) of the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as
amended by subsection (f), is amended--
(A) by striking ``Except as provided in'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2)
and''; and
(B) by adding at the end the following:
``(2) Child care supply shortages.--There is authorized to
be appropriated to carry out section 658E(c)(3)(E),
$500,000,000 for each of fiscal years 1997 through 2002.''.
(2) Conforming amendment.--Section 658(c)(3)(A) of the
Child Care Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting
``(E)''.
(d) Report on Access to Child Care by Low-Income Working
Families.--
(1) In general.--Section 658K(a)(2) of the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is
amended--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by inserting after subparagraph (E), the
following:
``(F) the total number of families described in
section 658B(b) that were eligible for but did not
receive assistance under this subchapter or under
section 418 of the Social Security Act and a
description of the obstacles to providing such
assistance; and
``(G) the total number of families described in
section 658B(b) that received assistance provided under
this subchapter or under section 418 of the Social
Security Act and a description of the manner in which
that assistance was provided;''.
(2) Secretarial reporting requirement.--Section 658L of the
Child Care Development Block Grant Act of 1990 (42 U.S.C.
9858j) is amended by inserting ``, with particular emphasis on
access of low-income working families,'' after ``public''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193,
110 Stat. 2105).
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Family Investment Package - Amends the Child Care Development Block Grant Act of 1990 to increase the authorization of appropriations for FY 1997 through 2002 for block grants to States for child care assistance for low-income working families.
Authorizes separate appropriations for such period for grants to States for specified child care activities in geographic areas with child care supply shortages.
Authorizes appropriations in a specified amount to the Secretary of Health and Human Services for FY 1997 through 2002 to award grants to States for providing child care services for families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families.
Requires States and the Secretary to report on access to child care by low-income working families.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enumerated Powers Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY CLAUSE.
(a) In General.--Chapter 2 of title 1, United States Code, is
amended by inserting after section 102 the following:
``Sec. 102a. Constitutional authority clause
``(a) In General.--Each Act of Congress, bill, and resolution, or
conference report thereon or amendment thereto, shall contain a concise
explanation of the specific authority in the Constitution of the United
States relied upon as the basis for enacting each portion of the
measure.
``(b) Federal Activities.--To the extent that any Act of Congress,
bill or resolution, or conference report thereon or amendment thereto,
limits or abolishes any Federal activity, spending, or power overall, a
statement of constitutionality may cite the 9th Amendment or the 10th
Amendment to the Constitution of the United States.
``(c) Enumerated Spending Clause.--Invoking a clause included in
the enumerated spending clause under clause 1 of section 8 of article I
of the Constitution of the United States, such as the common defense
clause, the general welfare clause, or the necessary and proper clause,
in a statement of constitutionality is not sufficient to satisfy the
requirement of subsection (a).
``(d) Commerce Clause.--Invoking the commerce clause of section 8
of article I of the Constitution of the United States in a statement of
constitutionality for any purpose other than the regulation of the
buying and selling of goods or services, or the transporting for those
purposes, across boundaries with foreign nations, across State lines,
or with the Indian tribes is not sufficient to satisfy the requirement
of subsection (a).
``(e) Failure To Comply.--
``(1) In general.--A failure to comply with subsection (a)
shall give rise to a point of order in either House of
Congress, which may be raised by any Senator during
consideration in the Senate or any Member of the House of
Representatives during consideration in the House of
Representatives.
``(2) Nonexclusivity.--The availability of a point of order
under this section shall not affect the availability of any
other point of order.
``(f) Disposition of Point of Order in the Senate.--
``(1) In general.--Any Senator may raise a point of order
that any matter is not in order under subsection (a).
``(2) Waiver.--
``(A) In general.--Any Senator may move to waive a
point of order raised under paragraph (1) by an
affirmative vote of two-thirds of the Senators duly
chosen and sworn.
``(B) Procedures.--For a motion to waive a point of
order under subparagraph (A) as to a matter--
``(i) a motion to table the point of order
shall not be in order;
``(ii) all motions to waive one or more
points of order under this section as to the
matter shall be debatable for a total of not
more than 3 hours, equally divided between the
Senator raising the point of order and the
Senator moving to waive the point of order or
their designees; and
``(iii) a motion to waive the point of
order shall not be amendable.
``(g) Disposition of Point of Order in the House of
Representatives.--
``(1) In general.--If a Member of the House of
Representatives makes a point of order under this section, the
Chair shall put the question of consideration with respect to
the proposition of whether any statement of constitutionality
made under subsection (a) was adequate or, in the absence of
such a statement, whether a statement is required under
subsection (a).
``(2) Consideration.--For a point of order under this
section made in the House of Representatives--
``(A) the question of consideration shall be
debatable for 10 minutes, equally divided and
controlled by the Member making the point of order and
by an opponent, but shall otherwise be decided without
intervening motion except one that the House of
Representatives adjourn or that the Committee of the
Whole rise, as the case may be;
``(B) in selecting the opponent, the Speaker of the
House of Representatives should first recognize an
opponent from the opposing party; and
``(C) the disposition of the question of
consideration with respect to a measure shall be
considered also to determine the question of
consideration under this section with respect to an
amendment made in order as original text.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 2 of title 1, United States Code, is amended by inserting after
the item relating to section 102 the following:
``102a. Constitutional authority clause.''.
SEC. 3. EXPLANATION OF CONSTITUTIONAL AUTHORITY.
This Act is enacted pursuant to the power granted to each House of
Congress to determine the rules of its proceedings under article I,
section 5, clause 2 of the Constitution of the United States.
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Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure.
Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution.
Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; or (2) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes.
Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Efficient Use of Government Spectrum
Act of 2013''.
SEC. 2. REALLOCATION AND AUCTION OF 1755-1780 MHZ BAND.
(a) In General.--Notwithstanding paragraph (15)(A) of section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later
than 3 years after the date of the enactment of the Middle Class Tax
Relief and Job Creation Act of 2012 (Public Law 112-96), the Commission
shall--
(1) reallocate the electromagnetic spectrum described in
subsection (d) for commercial use; and
(2) as part of the system of competitive bidding required
by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)),
grant new initial licenses, subject to flexible-use service
rules, for the use of such spectrum, paired with the spectrum
between the frequencies from 2155 megahertz to 2180 megahertz,
inclusive.
(b) Auction Proceeds.--For purposes of depositing the proceeds from
the competitive bidding described in subsection (a)(2) that are
attributable to the electromagnetic spectrum described in subsection
(d), such spectrum shall be treated as spectrum that is required to be
auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)).
(c) Relocation of and Sharing by Federal Government Stations.--
(1) Relocation prioritized over sharing.--
(A) In general.--Except as provided in paragraph
(2), all Federal Government stations in the
electromagnetic spectrum described in subsection (d)
shall be relocated to other frequencies under the
procedures implemented pursuant to section 113(g)(6) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(6)).
Such relocation procedures shall ensure maximum
cooperation and coordination between the affected
Federal and commercial entities.
(B) Department of defense stations.--Section
1062(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 768)
shall apply to the relocation of stations operated by
the Department of Defense in the electromagnetic
spectrum described in subsection (d).
(2) Sharing where relocation not possible.--
(A) Identification of stations.--If a Federal
entity that operates a Federal Government station in
the electromagnetic spectrum described in subsection
(d) determines, based on an operational impact
assessment, that such station cannot be relocated from
such spectrum without jeopardizing essential military
capability, such entity shall identify such station in
the transition plan of such entity required, by section
113(h)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(h)(1)), to be submitted not later than 240 days
before the commencement of the competitive bidding
described in subsection (a)(2).
(B) Required elements of transition plan.--Each
transition plan in which a station is identified
pursuant to subparagraph (A) shall provide for non-
Federal users to share with such station the
electromagnetic spectrum described in subsection (d).
Where exclusion zones are necessary to avoid
jeopardizing essential military capability, such plan
shall provide for the smallest possible zones necessary
for such purpose.
(3) Withdrawal or modification of assignments.--
(A) Withdrawal.--Upon relocation of a Federal
Government station pursuant to paragraph (1), the
President shall withdraw the assignment to such station
of the electromagnetic spectrum described in subsection
(d).
(B) Modification.--For each Federal Government
station identified in a transition plan pursuant to
paragraph (2)(A), the President shall modify the
assignment to such station of the electromagnetic
spectrum described in subsection (d) to permit shared
Federal and non-Federal use.
(d) Spectrum Described.--The electromagnetic spectrum described in
this subsection is the spectrum between the frequencies from 1755
megahertz to 1780 megahertz, inclusive.
(e) Commission Defined.--In this section, the term ``Commission''
means the Federal Communications Commission.
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Efficient Use of Government Spectrum Act of 2013 - Directs the Federal Communications Commission (FCC), within three years after enactment of the Middle Class Tax Relief and Job Creation Act of 2012, to: (1) reallocate electromagnetic spectrum between the frequencies from 1755 to 1780 megahertz (currently, such frequencies are occupied by the Department of Defense [DOD] and other federal agencies); and (2) as part of the competitive bidding auctions required by such Act, grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between frequencies from 2155 to 2180 megahertz already designated for auction. Directs the proceeds attributable to the competitive bidding of the 1755 to 1780 megahertz range to be allocated in the same manner as other specified frequencies pursuant to such Act for uses including reimbursements to agencies for relocation and sharing costs, the building of the nationwide public safety broadband network, and deposits or reimbursements to the U.S. Treasury. Requires such spectrum to be relocated in a manner to ensure cooperation between federal and commercial entities under procedures in the National Telecommunications and Information Administration Organization Act, except for DOD-operated spectrum, which shall be relocated under the National Defense Authorization Act for Fiscal Year 2000. Directs federal entities operating a federal government station, within a specified period before commencement of competitive bidding, to identify stations that cannot be relocated without jeopardizing essential military capability. Requires the transition plans of federal entities identifying such essential spectrum to: (1) provide for non-federal users to share such stations, and (2) limit any necessary exclusion zones to the smallest possible zones. Directs the President to withdraw assignments upon relocation or to modify assignments to permit federal and non-federal use.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Deregulation and Disclosure
Act of 1999''.
SEC. 2. AIRLINE PASSENGER PROTECTION.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41716. Air carrier passenger protection
``(a) Delay, Cancellation, or Diversion.--
``(1) Explanation of delay, cancellation, or diversion
required.--An announcement by an air carrier of a delay or
cancellation of a flight, or a diversion of a flight to an
airport other than the airport at which the flight is scheduled
to land, shall include an explanation of each reason for the
delay, cancellation, or diversion.
``(2) Prohibition on false or misleading explanations.--No
air carrier shall provide an explanation under paragraph (1)
that the air carrier knows or has reason to know is false or
misleading.
``(3) Delays After Enplaning or Before Deplaning.--
``(A) In general.--Except as provided in
subparagraph (B), no air carrier may require a
passenger on a flight of that air carrier to remain
onboard an aircraft for a period longer than 2 hours
after--
``(i) the passenger enplaned, in any case
in which the aircraft has not taken flight from
the airport during that period; or
``(ii) the aircraft has landed at an
airport, if the aircraft remains in that
airport without taking flight.
``(B) Election.--A passenger described in
subparagraph (A) may remain onboard an aircraft
described in clause (i) or (ii) of that subparagraph
for a period longer than the applicable period
described in that subparagraph, if, not later than the
end of that 2-hour period--
``(i) the air carrier offers the passenger
an opportunity to deplane with a full refund of
air fare; and
``(ii) the passenger declines that
offer.''.
``(b) Economic Cancellations.--
``(1) Nonsafety cancellations.--If, on the date a flight of
an air carrier is scheduled, the carrier cancels the flight for
any reason other than safety, the carrier shall provide to each
passenger that purchased air transportation on the flight a
refund of the amount paid for the air transportation.
``(2) Cancellations for safety.--A cancellation for safety
is a cancellation made by reason of--
``(A) an insufficient number of crew members;
``(B) weather;
``(C) a mechanical problem; or
``(D) any other matter that prevents--
``(i) the safe operation of the flight; or
``(ii) the flight from operating in
accordance with applicable regulations of the
Federal Aviation Administration.
``(c) Code Sharing.--An air carrier, foreign air carrier, or ticket
agent may sell air transportation in the United States for a flight
that bears a designator code of a carrier other than the carrier that
will provide the air transportation, only if the carrier or ticket
agent selling the air transportation first informs the person
purchasing the air transportation that the carrier providing the air
transportation will be a carrier other than the carrier whose
designator code is used to identify the flight.
``(d) Multiple Flights.--An air carrier, foreign air carrier, or
ticket agent that sells air transportation in the United States that
requires taking flights on more than 1 aircraft shall be required to
provide notification on a ticket, receipt, or itinerary provided to the
purchaser of that air transportation that the passenger shall be
required to change aircraft.
``(e) Air Carrier Pricing Policies.--An air carrier may not--
``(1) prohibit a person (including a governmental entity)
that purchases air transportation from only using a portion of
the air transportation purchased (including using the air
transportation purchased only for 1-way travel instead of
round-trip travel); or
``(2) assess an additional fee or charge for using only a
portion of that purchased air transportation to be paid by--
``(A) that person; or
``(B) any ticket agent that sold the air
transportation to that person.
``(f) Equitable Fares; Frequent Flyer Program Awards.--
``(1) Reduced fares.--Subject to paragraph (2), if an air
carrier makes seats available on a specific date at a reduced
fare, that air carrier shall be required to make available air
transportation at that reduced fare for any passenger that
requests a seat at that reduced fare during a 24-hour period
beginning with the initial offering of that reduced fare.
``(2) Limitation.--
``(A) In general.--An air carrier shall not be
required under paragraph (1) to make a seat available
for a route at a reduced fare, if providing that seat
at that fare would result in the air carrier being
unable to provide, for the 24-hour period specified in
that paragraph, the applicable historic average number
of seats offered at an unreduced fare for the route, as
determined under subparagraph (B).
``(B) Historic average.--With respect to a route,
the historic average number of seats offered at an
unreduced fare for the route is the average number of
seats offered at an unreduced fare per day by an air
carrier for flights scheduled on that route during the
24-month period preceding the 24-hour period specified
in paragraph (1).
``(3) Standby use of tickets.--An air carrier shall permit
an individual to use a ticket (or equivalent electronic record)
issued by that air carrier on a standby basis for any flight
that has the same origin and destination as are indicated on
that ticket (or equivalent electronic record).
``(4) Frequent flyer program awards.--
``(A) In general.--Subject to subparagraph (C), in
a manner consistent with applicable requirements of a
frequent flyer program, if an air carrier makes any
seat available on a specific date for use by a person
redeeming an award under that frequent flyer program on
any route in air transportation provided by the air
carrier, that air carrier shall, to the extent
practicable during the 24-hour period beginning with
the redemption of that award--
``(i) redeem any other award under that
frequent flyer program for air transportation
on that route; and
``(ii) make a seat available for the person
who redeems that other award on a flight on
that route.
``(B) Standby use of frequent flyer program
awards.--An air carrier shall permit an individual to
redeem a ticket (or equivalent electronic record)
acquired through a frequent flyer award on a standby
basis for any flight that has the same origin and
destination as are indicated on that ticket (or
equivalent electronic record).
``(C) Limitation.--
``(i) In general.--An air carrier shall not
be required under subparagraph (A) to make a
seat available for a route for use by a person
redeeming a frequent flyer award, if providing
that seat to that person would result in the
air carrier being unable to provide, for the
24-hour period specified in that paragraph, the
applicable historic average number of seats
offered at an unreduced fare for the route, as
determined under clause (ii).
``(ii) Historic average.--With respect to a
route, the historic average number of seats
offered at an unreduced fare for the route is
the average number of seats offered at an
unreduced fare per day by an air carrier for
flights scheduled on that route during the 24-
month period preceding the 24-hour period
specified in subparagraph (A).
``(g) Access to All Fares.--Each air carrier operating in the
United States shall make information concerning all fares for air
transportation charged by that air carrier available to the public,
through--
``(1) computer-based technology; and
``(2) means other than computer-based technology.''.
(b) Penalties.--Section 46301(a)(1)(A) of title 49, United States
Code, is amended by striking ``or 41715 of this title'' and inserting
``, 41715, or 41716 of this title''.
(c) Conforming Amendment.--The table of sections for chapter 417 of
title 49, United States Code, is amended by inserting after the item
relating to section 41715 the following:
``41716. Air carrier passenger protection.''.
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Airline Deregulation and Disclosure Act of 1999 - Amends Federal aviation law to require any announcement by an air carrier of a delay or cancellation of a flight, or a diversion to an airport other than the airport at which the flight is scheduled to land, to include an explanation of each reason for such delay, cancellation, or diversion. Prohibits an air carrier from providing an explanation that it knows or has reason to know is false or misleading.
Prohibits an air carrier from requiring a passenger on a flight to remain onboard an aircraft for more than two hours after: (1) the passenger enplaned, in any case in which the aircraft has not taken flight from the airport during that period; or (2) the aircraft has landed at an airport, if the aircraft remains in that airport without taking flight. Requires an air carrier to provide a refund to each passenger whenever, on the date a flight is scheduled, the air carrier cancels the flight for any reason other than safety (economic cancellation). Allows a passenger to remain onboard an aircraft more than two hours if the airline offers an opportunity to deplane with a full refund of air fare, and the passenger declines.
Authorizes an air carrier, foreign air carrier, or ticket agent to sell air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation, only if the air carrier or ticket agent first informs the person purchasing the air transportation that another air carrier will provide the air transportation. Requires any air carrier, foreign air carrier, or ticket agent that requires taking flights on more than one aircraft to provide notification on a ticket, receipt, or itinerary provided to the air passenger that the passenger shall be required to change aircraft.
Prohibits an air carrier from: (1) prohibiting any person (including governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel); or (2) assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person.
Requires an air carrier that makes seats available on a specific date at a reduced fare to make available air transportation at that reduced fare for any passenger that requests a seat at that reduced fare during a 24-hour period beginning with the initial offering of that reduced fare. Specifies a limitation to such requirement. Requires an air carrier to permit an individual to use a ticket (or equivalent electronic record) issued by such carrier on a standby basis for any flight that has the same origin and destination as are indicated on the ticket (or record).
Requires, with certain limitations, an air carrier that makes a seat available on a specific date for use by a person redeeming an award under a frequent flyer program to the extent practicable during the 24-hour period beginning with the redemption of the award to: (1) redeem any other award under the frequent flyer program; and (2) make a seat available for the person who redeems the other award. Specifies the same limitation to such requirement as applies to the reduced fare requirements of this Act. Requires an air carrier to permit an individual to redeem a ticket (or equivalent electronic record) acquired through a frequent flyer award on a standby basis for any flight that has the same origin and destination as are indicated on the ticket (or record).
Requires each air carrier operating in the United States to make fare information available to the public through computer-based technology and other means.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee Indians
Land Exchange Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Since time immemorial, the ancestors of the Eastern
Band of Cherokee Indians have lived in the Great Smoky
Mountains of North Carolina. The Eastern Band's ancestral
homeland includes much of seven eastern States and the land
that now constitutes the Great Smoky Mountains National Park.
(2) The Eastern Band has proposed a land exchange with the
National Park Service and has spent over $1,500,000 for studies
to thoroughly inventory the environmental and cultural
resources of the proposed land exchange parcels.
(3) Such land exchange would benefit the American public by
enabling the National Park Service to acquire the Yellow Face
tract, comprising 218 acres of land adjacent to the Blue Ridge
Parkway.
(4) Acquisition of the Yellow Face tract for protection by
the National Park Service would serve the public interest by
preserving important views for Blue Ridge Parkway visitors,
preserving habitat for endangered species and threatened
species including the northern flying squirrel and the rock
gnome lichen, preserving valuable high altitude wetland seeps,
and preserving the property from rapidly advancing residential
development.
(5) The proposed land exchange would also benefit the
Eastern Band by allowing it to reclaim the Ravensford tract,
comprising 144 acres adjacent to the Tribe's trust territory in
Cherokee, North Carolina, and currently within the Great Smoky
Mountains National Park. The Ravensford tract is part of the
Tribe's ancestral homeland as evidenced by archaeological finds
dating back no less than 6,000 years.
(6) The Eastern Band has a critical need to replace the
current Cherokee Elementary School, which was built by the
Department of the Interior over 40 years ago with a capacity of
480 students. The school now hosts 794 students in dilapidated
buildings and mobile classrooms at a dangerous highway
intersection in downtown Cherokee, North Carolina.
(7) The Eastern Band ultimately intends to build a new
three-school campus to serve as an environmental, cultural, and
educational ``village,'' where Cherokee language and culture
can be taught alongside the standard curriculum.
(8) The land exchange and construction of this educational
village will benefit the American public by preserving Cherokee
traditions and fostering a vibrant, modern, and well-educated
Indian nation.
(9) The land exchange will also reunify tribal lands now
separated between the Big Cove Community and the balance of the
Qualla Boundary, reestablishing the territorial integrity of
the Eastern Band.
(10) The Ravensford tract contains no threatened species or
endangered species listed pursuant to the Endangered Species
Act of 1973. The 218-acre Yellow Face tract has a number of
listed threatened species and endangered species and a higher
appraised value than the 144-acre Ravensford tract.
(11) The Congress and the Department of the Interior have
approved land exchanges in the past when the benefits to the
public and requesting party are clear, as they are in this
case.
(b) Purposes.--The purposes of this Act are the following:
(1) To acquire the Yellow Face tract for protection by the
National Park Service, in order to preserve the Waterrock Knob
area's spectacular views, pristine wetlands, and endangered
species and threatened species from encroachment by housing
development, for the benefit and enjoyment of the American public.
(2) To transfer the Ravensford tract, to be held in trust
by the Department of the Interior for the benefit of the
Eastern Band of Cherokee Indians, in order to provide for an
education facility that promotes the cultural integrity of the
Eastern Band and to reunify two Cherokee communities that were
historically contiguous.
(3) To promote cooperative activities and partnerships
between the Eastern Band and the National Park Service within
the Eastern Band's ancestral homelands.
SEC. 3. LAND EXCHANGE.
(a) In General.--Within 90 days after the effective date of this
Act, the Secretary of the Interior shall exchange the Ravensford tract,
currently in the Great Smoky Mountains National Park, for the Yellow
Face tract adjacent to the Waterrock Knob Visitor Center on the Blue
Ridge Parkway.
(b) Treatment of Exchanged Lands.--Effective upon receipt by the
Secretary of a deed for the lands comprising the Yellow Face tract (as
described in subsection (c)) to the United States, all right, title,
and interest of the United States in and to the Ravensford tract, (as
described in subsection (d)), including all improvements and
appurtenances, are declared to be held in trust by the United States
for the benefit of the Eastern Band of Cherokee Indians as part of the
Cherokee Indian Reservation.
(c) Yellow Face Tract.--To effectuate this land exchange, the
Eastern Band shall cause the following lands to be deeded to the United
States. Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section,
Qualla Township, Jackson County, North Carolina, consisting
respectively of 110.4 and 108.2 acres more or less, together with all
improvements and appurtenances thereto. The lands shall thereafter be
included within the boundary of and managed as part of the Blue Ridge
Parkway by the National Park Service.
(d) Ravensford Tract.--The lands declared by subsection (b) to be
held in trust for the Eastern Band of Cherokee Indians are as follows:
The tract currently located within the Great Smoky Mountains National
Park and identified on Map No. 133/80020, entitled ``Ravensford Land
Exchange Tract'', as on file and available for public inspection in the
appropriate offices of the National Park Service and the Bureau of
Indian Affairs, consisting of 144 acres more or less.
(e) Legal Descriptions.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall file a legal
description of the areas described in subsections (c) and (d) with the
Committee on Resources of the House of Representatives and the
Committee on Indian Affairs and the Committee on Energy and Natural
Resources of the Senate. Such legal descriptions shall have the same
force and effect as if the information contained in the description
were included in those subsections except that the Secretary may
correct clerical and typographical errors in such legal descriptions.
The legal descriptions shall be on file and available for public
inspection in the offices of the National Park Service and the Bureau
of Indian Affairs.
SEC. 4. IMPLEMENTATION PROCESS.
(a) Government-to-Government Agreements.--In order to fulfill the
purposes of this Act and to establish cooperative partnerships for
purposes of this Act the Director of the National Park Service and the
Eastern Band of Cherokee Indians shall enter into government-to-
government consultations and shall develop protocols to review planned
construction on the Ravensford tract. The Director of the National Park
Service is authorized to enter into cooperative agreements with the
Eastern Band for the purpose of providing training, management,
protection, and preservation of the natural and cultural resources on
the Ravensford tract.
(b) Construction Standards.--The National Park Service and the
Eastern Band shall develop mutually agreed upon standards for size,
impact, and design of construction consistent with the purposes of this
Act on the Ravensford tract. The standards shall be consistent with the
Eastern Band's need to develop educational facilities and support
infrastructure adequate for current and future generations and shall
otherwise minimize or mitigate any adverse impacts on natural or
cultural resources. The standards shall be based on recognized best
practices for environmental sustainability and shall be reviewed
periodically and revised as necessary. All development on the
Ravensford tract shall be conducted in a manner consistent with such
standards.
(c) Tribal Employment.--In employing individuals to perform any
construction, maintenance, interpretation, or other service in the
Great Smoky Mountains National Park, the Secretary of the Interior
shall, insofar as practicable, give first preference to qualified
members of the Eastern Band.
SEC. 5. GAMING PROHIBITION.
Nothing in this Act shall be construed to satisfy the terms for an
exception under section 20(b)(1) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)) to the prohibition on gaming on lands acquired
by the Secretary of the Interior in trust for the benefit of an Indian
tribe after October 17, 1988, under section 20(a) of such Act (25
U.S.C. 2719(a)).
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Eastern Band of Cherokee Indians Land Exchange Act of 2002 - Requires the Secretary of the Interior to exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway.Requires the Eastern Band of Cherokee Indians (Eastern Band) to deed specified parcels of land to the United States. Requires the deeds for specified lands be held in trust by the United States for the benefit of the Eastern Band as part of the Cherokee Indian Reservation.Requires the Secretary to file a legal description of the areas held in trust by the United States for the benefit of the Eastern Band.Requires the Director of the National Park Service and the Eastern Band to: (1) enter into government-to-government consultations and develop protocols to review planned construction on the Ravensford tract; and (2) develop mutually agreed upon standards for size, impact, and design of construction consistent with the Eastern Band's need to develop educational facilities and support infrastructure.Authorizes the Director to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract.Requires the Secretary to give first preference of employment for service in the Great Smoky Mountains National Park to qualified members of the Eastern Band.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitrust Procedural Fairness Act of
1993''.
SEC. 2. NOTICE OF AND PERIOD FOR COMMENT ON ANTITRUST GUIDELINES.
(a) Notice of Proposed Antitrust Guidelines.--General notice of the
proposed issuance of any antitrust guideline shall be published in the
Federal Register, unless the persons subject thereto are named and
either personally served or otherwise have actual notice thereof in
accordance with law. Such notice shall include--
(1) a statement of the time, place, and nature of public
proceedings applicable to the issuance of an antitrust
guideline,
(2) reference to the legal authority under which such
guideline is proposed, and
(3) either the terms or substance of the proposed antitrust
guideline or a description of the subjects and issues involved.
(b) Exceptions.--Subsection (a) shall not apply--
(1) to any antitrust guideline relating only to agency
organization or personnel,
(2) to any antitrust guideline when the agency for good
cause--
(A) finds that notice and public procedure with
respect to such guidelines are impracticable,
unnecessary, or contrary to the public interest, and
(B) publishes, at the time of publication of the
adopted antitrust guideline, such finding and a brief
statement of the reasons therefor, or
(3) to any antitrust guideline issued after a hearing
required by statute.
(c) Period for Public Comment.--An agency shall provide a public
comment period of not less than sixty days after notice of the proposed
issuance of an antitrust guideline with respect to which subsection (a)
applies.
(d) Procedure for Public Comment.--During the public comment period
required by subsection (c), any interested person may submit written
data, views, or arguments. The agency may provide an opportunity for
oral presentations concerning the proposed antitrust guideline.
SEC. 3. ISSUANCE OF ANTITRUST GUIDELINE.
(a) Basis for Adoption of Antitrust Guideline.--After consideration
of the relevant matter submitted or presented with respect to a
proposed antitrust guideline, the agency shall incorporate in the
antitrust guideline adopted a concise general statement of basis and
purpose of such guideline.
(b) Effective Date of Antitrust Guideline.--The required
publication or service of an antitrust guideline shall be made not less
than sixty days before its effective date, except as otherwise provided
by the agency for good cause (as described in subsection (b)(2)(A))
found and published with the guideline.
SEC. 4. MAINTENANCE OF FILES REGARDING ISSUANCE OF ANTITRUST
GUIDELINES.
(a) File of Proceeding Regarding Issuance of Antitrust Guideline.--
Beginning not later than the date on which the agency provides notice
of the proposed issuance of an antitrust guideline, the agency shall
maintain a file of each proceeding relating to the issuance of such
guideline, conducted in accordance with this Act. Except as provided in
subsection (b), such file shall include--
(1) the notice of the proposed issuance of such guideline
and any supplemental notice concerning such issuance,
(2) copies of, or identification of, all studies and
documentary material upon which the agency substantially relied
in formulating the proposed or final guideline,
(3) copies of all written comments on the proposed
guideline, or area of inquiry, which were submitted pursuant to
any agency notice of the proposed issuance of such guideline
published in the Federal Register,
(4) all material which the agency by statute is required to
make public in connection with the issuance of such guideline
or which the agency wishes to make part of the record, and
(5) the statements required of the agency in formulating
the guideline.
(b) Exclusion of Certain Matters.--Subsection (a) shall not apply
with respect to any matter which is exempt under section 552(b) of
title 5, United States Code, from disclosure under section 552(a) of
such title.
SEC. 5. AMENDMENTS TO ANTITRUST GUIDELINES.
For purposes of this Act, any amendment made, or proposed to be
made, by the agency to an existing antitrust guideline shall be deemed
to be an antitrust guideline, or a proposed antitrust guideline,
respectively.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency'' means the Department of Justice or
the Federal Trade Commission,
(2) the term ``antitrust guideline'' means an agency
statement of general applicability designed--
(A) to implement or interpret any of the antitrust
laws, or
(B) to implement, interpret, or prescribe any
policy relating to the enforcement of any of the
antitrust laws,
(3) the term ``antitrust laws'' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent that
such section 5 relates to unfair methods of competition, and
(4) the term ``person'' has the meaning given it in section
551(a) of title 5, United States Code.
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Antitrust Procedural Fairness Act of 1993 - Requires public notice of and a period of public comment on any guidelines proposed by the Department of Justice or the Federal Trade Commission with respect to the interpretation or implementation of the antitrust laws or to any policy relating to the enforcement of the antitrust laws, with exceptions.
Sets forth provisions regarding: (1) the issuance of such guidelines; and (2) the maintenance of files regarding such issuance.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Travel Tax Credit Holiday
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Consumer confidence and spending is critical to a
healthy United States economy.
(2) In order to prevent a further decline in consumer
spending, which fell 1.8 percent in September 2001, and
consumer confidence, which is at its lowest level since
February 1994, the Federal Government needs to provide an
immediate and targeted tax incentive to encourage consumer
spending.
(3) The most immediate and targeted incentive for
consumption would be to reduce the price of goods to consumers,
which can be done most effectively by providing a tax incentive
to individuals to make retail purchases.
(4) A 10-day consumer travel tax credit holiday, prior to
the 2001 holiday season, would encourage Americans to make
immediate purchases and help to counteract the decline in
consumer confidence Americans have experienced since September
11, 2001. The direct boost to consumption resulting from such
tax incentive would enhance the benefits of individual tax cuts
provided by any Federal tax stimulus legislation.
(5) Alaska, Delaware, Montana, New Hampshire, and Oregon
currently do not impose a State sales tax. These States have
worked hard to establish a State tax structure that does not
include a sales tax. Any economic stimulus proposals relating
to sales tax must include proportional relief to these five
States, which have chosen not to impose a sales tax. These five
sales-tax-free States should not be penalized for choosing the
tax structure best for their State by being excluded from sales
tax holiday relief. A tax credit for travel for the purpose of
making retail purchases in those States would provide a benefit
to consumers similar to a sales tax holiday in other States.
SEC. 3. CREDIT FOR TRAVEL FOR PURPOSES OF RETAIL PURCHASES IN STATES
NOT IMPOSING SALES TAX.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. TRAVEL CREDIT.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified travel expenses
which are paid or incurred by the taxpayer during the consumer travel
tax credit period.
``(b) Qualified Travel Expenses.--For purposes of this section--
``(1) In general.--The term `qualified travel expenses'
means reasonable expenses in connection with a qualifying
personal trip for--
``(A) travel by aircraft, rail, watercraft, or
motor vehicle, and
``(B) lodging while away from home at any
commercial lodging facility.
Such term does not include expenses for meals, entertainment,
amusement, or recreation.
``(2) Qualifying personal trip.--
``(A) In general.--The term `qualifying personal
trip' means travel within the United States--
``(i) the destination of which is Alaska,
Delaware, Montana, New Hampshire, or Oregon,
and
``(ii) the purpose of which is to purchase
at retail tangible property of a type that
would be subject to sales tax in any State not
listed in clause (i).
``(B) Only personal travel included.--Such term
shall not include travel if, without regard to this
section, any expenses in connection with such travel
are deductible in connection with a trade or business
or activity for the production of income.
``(3) Commercial lodging facility.--The term `commercial
lodging facility' includes any hotel, motel, resort, rooming
house, or campground.
``(c) Definitions.--For purposes of this section--
``(1) Consumer travel tax credit period.--For purposes of
this section, the term `consumer travel tax credit period'
means the period beginning on December 7, 2001, and ending
before December 17, 2001.
``(2) Sales tax.--The term `sales tax' means--
``(A) a tax imposed on or measured by general
retail sales of taxable tangible property, or services
performed incidental to the sale of taxable tangible
property, that is--
``(i) calculated as a percentage of the
price, gross receipts, or gross proceeds, and
``(ii) can or is required to be directly
collected by retail sellers from purchasers of
such property,
``(B) a use tax, or
``(C) the Illinois Retailers' Occupation Tax, as
defined under the law of the State of Illinois,
but excludes any tax payable with respect to food and beverages
sold for immediate consumption on the premises, beverages
containing alcohol, and tobacco products.
``(3) Use tax.--The term `use tax' means a tax imposed on
the storage, use, or other consumption of tangible property
that is not subject to sales tax.
``(d) Special Rules.--
``(1) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(2) Expenses must be substantiated.--No credit shall be
allowed by subsection (a) unless the taxpayer substantiates by
adequate records or by sufficient evidence corroborating the
taxpayer's own statement the amount of the expenses described
in subsection (b)(1).
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which credit is allowed under
this section.''.
(b) Conforming 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 inserting before the item relating to section 26 the
following new item:
``Sec. 25C. Travel credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
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Consumer Travel Tax Credit Holiday Act of 2001 - Amends the Internal Revenue Code to allow an individual a credit for qualified travel expenses incurred from December 7, 2001 through December 16, 2001. Restricts such expenses to travel and lodging costs in connection with trips to Alaska, Delaware, Montana, New Hampshire, or Oregon (non-sales tax States).
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Labor
Elimination Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article 32 of the United Nations Convention on the
Rights of the Child recognizes ``the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.''.
(2) Article 2 of the International Labor Organization
Convention 138, the Minimum Age Convention, states that the
minimum age for admission to employment or work ``shall not be
less than the age of completion of compulsory schooling and, in
any case, shall not be less than 15 years.''.
(3) International Labor Organization Convention 29, the
Forced Labor Convention, which has been in effect since 1930,
prohibits most forms of ``forced or compulsory labor'',
including all forced labor by people under the age of 18.
(4) Although it is among the most universally condemned of
all human rights abuses, child labor is widely practiced. The
International Labor Organization has estimated the total number
of child workers to be between 100,000,000 and 200,000,000.
More than 95 percent of those child workers live in developing
countries.
(5) The International Labor Organization has estimated that
13.2 percent of all 10-to-14 year olds around the world were
economically active in 1995. There are no reliable figures on
workers under 10 years of age, though their numbers are known
to be significant. Reliable child labor statistics are not
readily available, in part because many governments in the
developing world are reluctant to document those activities,
which are often illegal under domestic laws, which violate
international standards, and which may be perceived as a
failure of internal public policy.
(6) Notwithstanding international and domestic
prohibitions, many children in developing countries are forced
to work as debt-bonded and slave laborers in hazardous and
exploitative industries. According to the United Nations
Working Group on Contemporary Forms of Slavery and the
International Labor Organization, there are tens of millions of
child slaves in the world today. Large numbers of those slaves
are involved in agricultural and domestic labor, the sex
industry, the carpet and textile industries, and quarrying and
brick making.
(7) In many countries, children lack either the legal
standing or the means to protect themselves from cruelty and
exploitation in the workplace.
(8) The employment of children often interferes with the
opportunities of such children for basic education.
Furthermore, where it coexists with high rates of adult
unemployment, the use of child labor likely denies gainful
employment to millions of adults.
(9) While child labor is a vast, complex, and multifaceted
phenomenon that is tied to issues of poverty, educational
opportunity, and culture, its most abusive and hazardous forms
are repugnant to basic human rights and must be eliminated.
SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE
CHILD LABOR IN PRODUCING GOODS.
(a) Identification of Countries and Industries.--The Secretary of
Labor shall, not later than 6 months after the date of the enactment of
this Act, and not later than the end of each 1-year period thereafter,
identify those foreign countries that do not prohibit child labor, or
that have laws prohibiting child labor but do not effectively enforce
them, and those industries in such countries in which child labor is
used. The Secretary may revoke the identification of a country or an
industry before the end of the 1-year period during which the
identification would otherwise be effective, if revocation is warranted
by new information or a change in the laws or practices of a country.
(b) Sanctions.--The sanctions set forth in sections 4 and 5 shall
apply with respect to those countries and industries identified under
subsection (a) for so long as the identification is effective under
such subsection.
(c) Exemption.--The prohibition on imports under section 4(a), the
prohibition under section 5(a)(1) on financing under the Export-Import
Bank Act of 1945, and the prohibition on multilateral assistance under
section 5(a)(2) shall not apply to a business entity if it is
established to the satisfaction of the Secretary of Labor that no goods
produced by that entity are products of child labor.
SEC. 4. PROHIBITION ON IMPORTS.
(a) Prohibition.--The Secretary of the Treasury shall prohibit the
entry of any manufactured article that is a product of an industry
identified under section 3(a).
(b) Exception.--Subsection (a) shall not apply to the entry of a
manufactured article--
(1) that is entered under any subheading in subchapter IV
or VI of chapter 98 (relating to personal exemptions) of the
Harmonized Tariff Schedule of the United States; or
(2) that was exported from the foreign country in which the
industry concerned is located and was en route to the United
States before the first day on which the identification of the
country and industry was effective.
SEC. 5. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD
LABOR IN PRODUCING GOODS.
(a) Prohibition on Assistance.--
(1) Bilateral assistance.--The President may not provide
United States assistance to a foreign country identified by the
Secretary of Labor under section 3(a).
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other utilization of
the funds of their respective institution to or for any
industry identified by the Secretary of Labor under section
3(a).
(b) Exception.--A foreign country or an industry identified by the
Secretary of Labor under section 3(a) may receive United States
assistance if the President determines and certifies to the Congress
that it is in the vital national interest of the United States to
provide such assistance to such country or industry, as the case may
be. The President shall include in any such certification--
(1) a full and complete description of the vital national
interest of the United States that is placed at risk if such
assistance is not provided to such country or industry; and
(2) a statement weighing the risk described in paragraph
(1) against the risk posed to the vital national interest of
the United States by the failure of such country to adopt or
enforce laws prohibiting child labor or by the use of child
labor by such industry, as the case may be.
SEC. 6. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) to attempt to enter any manufactured article that is a
product of an industry if the entry is prohibited under section
4(a); or
(2) to violate any regulation prescribed under section 7.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for not more than 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure, and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 7. REGULATIONS.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 8. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum of
$10,000,000 for each of fiscal years 1997 through 2001 for a United
States contribution to the International Labor Organization for the
activities of the International Program on the Elimination of Child
Labor.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means--
(A) services performed by an individual who has not
attained the age at which children complete compulsory
schooling under the national laws of the country
concerned, or the age of 15, whichever age is older,
except for services performed on a part-time basis by
an individual 14 years of age or older that does not
interfere with the individual's health or education,
and
(B) services performed by an individual under the
age of 18 that would likely jeopardize the health,
safety, or moral character of a young person,
in exchange for remuneration (regardless to whom paid),
subsistence, goods or services, or any combination thereof, or
under circumstances tantamount to involuntary servitude.
(2) Product of child labor.--A manufactured article shall
be treated as being a product of child labor if the article--
(A) was fabricated, assembled, or processed, in
whole or part,
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part, or
(C) was mined, quarried, pumped, or otherwise
extracted,
with child labor.
(3) Entered and entry.--The terms ``entered'' and ``entry''
mean entry, or withdrawal from warehouse for consumption, in
the customs territory of the United States.
(4) Business entity.--The term ``business entity''--
(A) means any entity that produces a manufactured
article in a foreign country; and
(B) includes, but is not limited to, entities owned
or controlled in whole or in part by the government of
a foreign country.
(5) Foreign country.--The term ``foreign country'' means
any foreign country and any possession or territory of a
foreign country that is administered separately for customs
purposes (and includes any designated zone within such country,
possession, or territory).
(6) International financial institution.--The term
``international financial institution'' means the International
Bank for Reconstruction and Development, the International
Development Association, the Multilateral Investment Guarantee
Agency, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, the African
Development Fund, the International Monetary Fund, the European
Bank for Reconstruction and Development, and the International
Finance Corporation.
(7) Manufactured article.--The term ``manufactured
article'' means any good that is fabricated, assembled, or
processed. The term also includes any mineral resource
(including any mineral fuel) that is entered in a crude state.
Any mineral resource that at entry has been subjected to only
washing, crushing, grinding, powdering, levigation, sifting,
screening, or concentration by flotation, magnetic separation,
or other mechanical or physical processes shall be treated as
having been processed for the purposes of this Act.
(8) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter 2
of part I of such Act, relating to the Overseas Private
Investment Corporation), other than--
(i) disaster relief assistance, including
any assistance under chapter 9 of part I of
such Act;
(ii) assistance which involves the
provision of food (including monetization of
food) or medicine; and
(iii) assistance for refugees;
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
(9) United states assistance to a foreign country.--The
term ``United States assistance to a foreign country'' includes
any sales, financing, or other assistance described in
subsection (8) to or for programs, projects, business ventures,
or other activities in the foreign country, whether or not such
assistance is received by the government of the foreign
country.
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International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor annually to identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used.
Prohibits: (1) the entry into the United States of any article that is a product of child labor; and (2) U.S. and multilateral assistance to identified countries, with specified exceptions.
Sets forth both civil and criminal penalties for violations of this Act.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governmental Pension Plan
Equalization Act of 2005''.
SEC. 2. DEFINITION OF ``GOVERNMENTAL PLAN''.
(a) Amendment to Internal Revenue Code of 1986.--Section 414(d) of
the Internal Revenue Code of 1986 (definition of governmental plan) is
amended by adding at the end the following: ``The term `governmental
plan' includes a plan established or maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40)), a
subdivision of an Indian tribal government (determined in accordance
with section 7871(d)), an agency instrumentality (or subdivision) of an
Indian tribal government, or an entity established under Federal,
State, or tribal law which is wholly owned or controlled by any of the
foregoing.''
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 3(32) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(32)) is amended by adding at the end the following:
``The term `governmental plan' includes a plan established or
maintained for its employees by an Indian tribal government (as defined
in section 7701(a)(40)), a subdivision of an Indian tribal government
(determined in accordance with section 7871(d)), an agency
instrumentality (or subdivision) of an Indian tribal government, or an
entity established under Federal, State, or tribal law that is wholly
owned or controlled by any of the foregoing.''
SEC. 3. EXTENSION TO ALL GOVERNMENTAL PLANS OF CURRENT MORATORIUM ON
APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE
TO STATE AND LOCAL PLANS.
(a) In General.--
(1) Subparagraph (G) of section 401(a)(5) and subparagraph
(G) of section 401(a)(26) of the Internal Revenue Code of 1986
are each amended by striking ``section 414(d))'' and all that
follows and inserting ``section 414(d)).''.
(2) Subparagraph (G) of section 401(k)(3) of such Code and
paragraph (2) of section 1505(d) of the Taxpayer Relief Act of
1997 (Public Law 105-34; 111 Stat. 1063) are each amended by
striking ``maintained by a State or local government or
political subdivision thereof (or agency or instrumentality
thereof)''.
(b) Conforming Amendments.--
(1) The heading of subparagraph (G) of section 401(a)(5) of
the Internal Revenue Code of 1986 is amended by striking
``State and local governmental'' and inserting
``Governmental''.
(2) The heading of subparagraph (G) of section 401(a)(26)
of such Code is amended by striking ``Exception for State and
local'' and inserting ``Exception for''.
(3) Section 401(k)(3)(G) of such Code is amended by
inserting ``Governmental plan.--'' after ``(G)''.
SEC. 4. CLARIFICATION THAT TRIBAL GOVERNMENTS ARE SUBJECT TO THE SAME
DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO
STATE AND OTHER LOCAL GOVERNMENTS, THEIR POLICE AND
FIREFIGHTERS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) Police and firefighters.--Subparagraph (H) section
415(b)(2) of the Internal Revenue Code of 1986 (defining
participant) is amended--
(A) in clause (i), by striking ``State or political
subdivision'' and inserting ``State, Indian tribal
government (as defined in section 7701(a)(40)), or any
political subdivision''; and
(B) in clause (ii)(I), by striking ``State or
political subdivision'' each place it appears and
inserting ``State, Indian tribal government (as so
defined), or any political subdivision''.
(2) State and local government plans.--
(A) In general.--Subparagraph (A) of section
415(b)(10) of such Code (relating to limitation to
equal accrued benefit) is amended--
(i) by inserting ``, Indian tribal
government (as defined in section
7701(a)(40)),'' after ``State'';
(ii) by inserting ``any'' before
``political subdivision''; and
(iii) by inserting ``any of'' before ``the
foregoing''.
(B) Conforming amendment.--The heading of paragraph
(1) of section 415(b) of such Code is amended by
striking ``Special rule for State and'' and inserting
``Special rule for State, Indian tribal, and''.
(3) Government pick up contributions.--Paragraph (2) of
section 414(h) of such Code (relating to designation by units
of government) is amended by striking ``State or political
subdivision'' and inserting ``State, Indian tribal government
(as defined in section 7701(a)(40)), or any political
subdivision''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--Section 4021(b) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1321(b)) is amended--
(1) in paragraph (12), by striking ``or'' at the end;
(2) in paragraph (13), by striking ``plan.'' and inserting
``plan; or''; and
(3) by adding at the end the following:
``(14) established and maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency or instrumentality of an
Indian tribal government or subdivision thereof, or an entity
established under Federal, State, or tribal law that is wholly
owned or controlled by any of the foregoing.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to any year beginning
before, on, or after the date of the enactment of this Act.
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Governmental Pension Plan Equalization Act of 2005 - Amends the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA) to specify that rules for governmental plans also apply to plans established for their employees by Indian tribal governments or their subdivisions, agencies, instrumentalities, or entities which they wholly own or control.
Amends the IRC and the Taxpayer Relief Act of 1997 to extend to all governmental plans the prohibition against (moratorium on) application to State and local plans of certain nondiscrimination rules (requiring that the plan satisfy minimum participation standards and not discriminate in favor of highly compensated employees).
Subjects tribal governments to the same defined benefit plan rules and regulations applied to State and other local governments, their police and firefighters.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborns' and Mothers' Health
Protection and Mental Health Parity Implementation Amendments of
1996''.
SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 TO IMPLEMENT
THE NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996
AND THE MENTAL HEALTH PARITY ACT OF 1996.
(a) In General.--Subtitle K of the Internal Revenue Code of 1986
(as added by section 401(a) of the Health Insurance Portability and
Accountability Act of 1996) is amended--
(1) by striking all that precedes section 9801 and
inserting the following:
``Subtitle K--Group Health Plan Requirements
``Chapter 100. Group health plan
requirements.
``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS
``Subchapter A. Requirements relating to
portability, access, and
renewability.
``Subchapter B. Other requirements.
``Subchapter C. General provisions.
``Subchapter A--Requirements Relating to Portability, Access, and
Renewability
``Sec. 9801. Increased portability
through limitation on
preexisting condition
exclusions.
``Sec. 9802. Prohibiting discrimination
against individual participants
and beneficiaries based on
health status.
``Sec. 9803. Guaranteed renewability in
multiemployer plans and certain
multiple employer welfare
arrangements.'',
(2) by redesignating sections 9804, 9805, and 9806 as
sections 9831, 9832, and 9833, respectively,
(3) by inserting before section 9831 (as so redesignated)
the following:
``Subchapter C--General Provisions
``Sec. 9831. General exceptions.
``Sec. 9832. Definitions.
``Sec. 9833. Regulations.'', and
(4) by inserting after section 9803 the following:
``Subchapter B--Other Requirements
``Sec. 9811. Standards relating to
benefits for mothers and
newborns.
``Sec. 9812. Parity in the application of
certain limits to mental health
benefits.
``SEC. 9811. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND NEWBORNS.
``(a) Requirements for Minimum Hospital Stay Following Birth.--
``(1) In general.--A group health plan may not--
``(A) except as provided in paragraph (2)--
``(i) restrict benefits for any hospital
length of stay in connection with childbirth
for the mother or newborn child, following a
normal vaginal delivery, to less than 48 hours,
or
``(ii) restrict benefits for any hospital
length of stay in connection with childbirth
for the mother or newborn child, following a
cesarean section, to less than 96 hours; or
``(B) require that a provider obtain authorization
from the plan or the issuer for prescribing any length
of stay required under subparagraph (A) (without regard
to paragraph (2)).
``(2) Exception.--Paragraph (1)(A) shall not apply in
connection with any group health plan in any case in which the
decision to discharge the mother or her newborn child prior to
the expiration of the minimum length of stay otherwise required
under paragraph (1)(A) is made by an attending provider in
consultation with the mother.
``(b) Prohibitions.--A group health plan may not--
``(1) deny to the mother or her newborn child eligibility,
or continued eligibility, to enroll or to renew coverage under
the terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(2) provide monetary payments or rebates to mothers to
encourage such mothers to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section;
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section; or
``(5) subject to subsection (c)(3), restrict benefits for
any portion of a period within a hospital length of stay
required under subsection (a) in a manner which is less
favorable than the benefits provided for any preceding portion
of such stay.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a mother who is a participant or beneficiary--
``(A) to give birth in a hospital; or
``(B) to stay in the hospital for a fixed period of
time following the birth of her child.
``(2) This section shall not apply with respect to any
group health plan which does not provide benefits for hospital
lengths of stay in connection with childbirth for a mother or
her newborn child.
``(3) Nothing in this section shall be construed as
preventing a group health plan from imposing deductibles,
coinsurance, or other cost-sharing in relation to benefits for
hospital lengths of stay in connection with childbirth for a
mother or newborn child under the plan, except that such
coinsurance or other cost-sharing for any portion of a period
within a hospital length of stay required under subsection (a)
may not be greater than such coinsurance or cost-sharing for
any preceding portion of such stay.
``(d) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--The requirements of this section shall not apply with
respect to health insurance coverage if there is a State law (including
a decision, rule, regulation, or other State action having the effect
of law) for a State that regulates such coverage that is described in
any of the following paragraphs:
``(1) Such State law requires such coverage to provide for
at least a 48-hour hospital length of stay following a normal
vaginal delivery and at least a 96-hour hospital length of stay
following a cesarean section.
``(2) Such State law requires such coverage to provide for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional medical associations.
``(3) Such State law requires, in connection with such
coverage for maternity care, that the hospital length of stay
for such care is left to the decision of (or required to be
made by) the attending provider in consultation with the
mother.
``SEC. 9812. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL
HEALTH BENEFITS.
``(a) In General.--
``(1) Aggregate lifetime limits.--In the case of a group
health plan that provides both medical and surgical benefits
and mental health benefits--
``(A) No lifetime limit.--If the plan does not
include an aggregate lifetime limit on substantially
all medical and surgical benefits, the plan or coverage
may not impose any aggregate lifetime limit on mental
health benefits.
``(B) Lifetime limit.--If the plan includes an
aggregate lifetime limit on substantially all medical
and surgical benefits (in this paragraph referred to as
the `applicable lifetime limit'), the plan shall
either--
``(i) apply the applicable lifetime limit
both to the medical and surgical benefits to
which it otherwise would apply and to mental
health benefits and not distinguish in the
application of such limit between such medical
and surgical benefits and mental health benefits; or
``(ii) not include any aggregate lifetime
limit on mental health benefits that is less
than the applicable lifetime limit.
``(C) Rule in case of different limits.--In the
case of a plan that is not described in subparagraph
(A) or (B) and that includes no or different aggregate
lifetime limits on different categories of medical and
surgical benefits, the Secretary shall establish rules
under which subparagraph (B) is applied to such plan
with respect to mental health benefits by substituting
for the applicable lifetime limit an average aggregate
lifetime limit that is computed taking into account the
weighted average of the aggregate lifetime limits
applicable to such categories.
``(2) Annual limits.--In the case of a group health plan
that provides both medical and surgical benefits and mental
health benefits--
``(A) No annual limit.--If the plan does not
include an annual limit on substantially all medical
and surgical benefits, the plan or coverage may not
impose any annual limit on mental health benefits.
``(B) Annual limit.--If the plan includes an annual
limit on substantially all medical and surgical
benefits (in this paragraph referred to as the
`applicable annual limit'), the plan shall either--
``(i) apply the applicable annual limit
both to medical and surgical benefits to which
it otherwise would apply and to mental health
benefits and not distinguish in the application
of such limit between such medical and surgical
benefits and mental health benefits; or
``(ii) not include any annual limit on
mental health benefits that is less than the
applicable annual limit.
``(C) Rule in case of different limits.--In the
case of a plan that is not described in subparagraph
(A) or (B) and that includes no or different annual
limits on different categories of medical and surgical
benefits, the Secretary shall establish rules under
which subparagraph (B) is applied to such plan with
respect to mental health benefits by substituting for
the applicable annual limit an average annual limit
that is computed taking into account the weighted
average of the annual limits applicable to such
categories.
``(b) Construction.--Nothing in this section shall be construed--
``(1) as requiring a group health plan to provide any
mental health benefits; or
``(2) in the case of a group health plan that provides
mental health benefits, as affecting the terms and conditions
(including cost sharing, limits on numbers of visits or days of
coverage, and requirements relating to medical necessity)
relating to the amount, duration, or scope of mental health
benefits under the plan, except as specifically provided in
subsection (a) (in regard to parity in the imposition of
aggregate lifetime limits and annual limits for mental health
benefits).
``(c) Exemptions.--
``(1) Small employer exemption.--This section shall not
apply to any group health plan for any plan year of a small
employer (as defined in section 4980D(d)(2)).
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan if the application of
this section to such plan results in an increase in the cost
under the plan of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
``(e) Definitions.--For purposes of this section:
``(1) Aggregate lifetime limit.--The term `aggregate
lifetime limit' means, with respect to benefits under a group
health plan, a dollar limitation on the total amount that may
be paid with respect to such benefits under the plan with
respect to an individual or other coverage unit.
``(2) Annual limit.--The term `annual limit' means, with
respect to benefits under a group health plan, a dollar
limitation on the total amount of benefits that may be paid
with respect to such benefits in a 12-month period under the
plan with respect to an individual or other coverage unit.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan, but
does not include mental health benefits.
``(4) Mental health benefits.--The term `mental health
benefits' means benefits with respect to mental health
services, as defined under the terms of the plan, but does not
include benefits with respect to treatment of substance abuse
or chemical dependency.
``(f) Sunset.--This section shall not apply to benefits for
services furnished on or after September 30, 2001.''
(b) Conforming Amendments.--
(1) Chapter 100 of such Code (as added by section 401 of
the Health Insurance Portability and Accountability Act of 1996
and as previously amended by this section) is further amended--
(A) in the last sentence of section 9801(c)(1), by
striking ``section 9805(c)'' and inserting ``section
9832(c)'';
(B) in section 9831(b), by striking ``9805(c)(1)''
and inserting ``9832(c)(1)'';
(C) in section 9831(c)(1), by striking
``9805(c)(2)'' and inserting ``9832(c)(2)'';
(D) in section 9831(c)(2), by striking
``9805(c)(3)'' and inserting ``9832(c)(3)''; and
(E) in section 9831(c)(3), by striking
``9805(c)(4)'' and inserting ``9832(c)(4)''.
(2) Section 4980D of such Code (as added by section 402 of
the Health Insurance Portability and Accountability Act of
1996) is amended--
(A) in subsection (c)(3)(B)(i)(I), by striking
``9805(d)(3)'' and inserting ``9832(d)(3)'';
(B) in subsection (d)(1), by inserting ``(other
than a failure attributable to section 9811)'' after
``on any failure'';
(C) in subsection (d)(3), by striking ``9805'' and
inserting ``9832'';
(D) in subsection (f)(1), by striking ``9805(a)''
and inserting ``9832(a)''.
(3) The table of subtitles for such Code is amended by
striking the item relating to subtitle K (as added by section
401(b) of the Health Insurance Portability and Accountability
Act of 1996) and inserting the following new item:
``Subtitle K. Group health plan
requirements.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 1998.
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Newborns' and Mothers' Health Protection and Mental Health Parity Implementation Amendments of 1996 - Amends the Internal Revenue Code (as amended by the Health Insurance Portability and Accountability Act of 1996) with respect to group health plan requirements to: (1) provide standards for benefits to mothers and newborns; and (2) provide for parity of specified mental health benefits with surgical and medical benefits.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Computer Recycling Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cathode ray tube'' means a vacuum tube or
picture tube used to convert an electronic signal into a visual
image.
(3) The term ``central processing unit'' includes a case
and all of its contents, such as the primary printed circuit
board and its components, additional printed circuit boards,
one or more disc drives, a transformer, interior wire, and a
power cord.
(4) The term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions,
and may include both a central processing unit and a monitor,
but such term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other similar
device.
(5) The term ``hazardous waste'' has the meaning given that
term in section 1004(5) of the Solid Waste Disposal Act (42
U.S.C. 6903).
(6) The term ``monitor'' means a separate visual display
component of a computer, whether sold separately or together
with a central processing unit, and includes a cathode ray tube
or liquid crystal display, its case, interior wires and
circuitry, cable to the central processing unit, and power
cord.
(7) The term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
SEC. 3. FEE.
(a) Requirement.--Effective 180 days after the transmittal to the
Congress of the results of the study conducted under section 6(a), the
Administrator shall require that a fee be assessed on the sale
(including a sale through the Internet or a catalogue) to an end-user
of any computer, monitor, or other electronic device designated by the
Administrator under subsection (c). The Administrator shall establish
procedures for the collection of such fee. The requirement under this
subsection shall not apply to a sale by an end-user to a subsequent
end-user.
(b) Fee Amount.--The amount of the fee required under subsection
(a) shall--
(1) be an amount sufficient to cover the costs of carrying
out section 4(a) and subsection (c) of this section;
(2) be uniform--
(A) for each computer with a central processing
unit and monitor integrated in a single device;
(B) for each central processing unit;
(C) for each monitor; and
(D) for each class of other devices designated by
the Administrator under subsection (c);
(3) not exceed $10 per computer, monitor, or other
designated device; and
(4) be clearly indicated on the label, external packing
materials, or sales receipt of the computer, monitor, or
device.
(c) Administrative Costs.--Persons required by the Administrator to
collect a fee under this section may retain 3 percent of amounts so
collected to pay the costs of administering the fee collection program.
(d) Exempted Sales.--The requirement of a fee under this section
shall not apply to a sale of a used computer, monitor, or device by a
nonprofit organization.
(e) Additional Exemption.--The Administrator may exempt from the
requirement of a fee under this section any sale made under a contract
or an arrangement that the Administrator determines is likely to result
in the maximum reuse of significant components of the computer,
monitor, or device, and the disposal of the remaining components--
(1) in an environmentally sound and responsible manner;
(2) without violation of any Federal or State law; and
(3) without reliance on funding from State or local
governments,
when the computer, monitor, or device is no longer of use to the end-
user.
(f) Designation of Electronic Devices.--The Administrator may
designate additional electronic devices to which the fee under
subsection (a) shall apply if those electronic devices--
(1) contain a significant amount of material that, when
disposed of, would be hazardous waste; and
(2) include one or more liquid crystal displays, cathode
ray tubes, or circuit boards.
SEC. 4. GRANTS.
(a) Uses of Fee Amounts.--Amounts collected under section 3 shall
be used, to the extent provided in advance in appropriations Acts, by
the Administrator for--
(1) covering the costs of administration of this Act; and
(2) making grants under subsection (b).
Not more than 10 percent of the funds available pursuant to this Act
for any fiscal year may be used for costs described in paragraph (1).
(b) Grant Purposes.--The Administrator shall make grants with funds
collected under section 3 to individuals or organizations (including
units of local government) for--
(1) collecting or processing used computers, monitors, or
other designated devices for recycling purposes;
(2) reusing or reselling such computers, monitors, or
devices, or components thereof; and
(3) extracting and using, or selling for reuse, raw
materials from such computers, monitors, or devices.
(c) Eligibility.--An individual or organization shall be eligible
for a grant under subsection (b) only if the individual or organization
provides assurances to the satisfaction of the Administrator that it
will carry out the grant purposes in a manner that complies with all
applicable Federal and State environmental and health laws.
(d) Selection Criteria.--In selecting proposals for grants under
subsection (b), the Administrator shall consider--
(1) the quantity of used computers, monitors, or other
designated devices that will be diverted from landfills;
(2) the estimated cost per unit of the collection,
processing, reuse, or sale proposed;
(3) the availability of, and potential for, markets for
recycled materials;
(4) the degree to which the proposal mitigates or avoids
harmful environmental or health effects;
(5) the degree to which the proposal employs innovative
recycling technologies; and
(6) the demonstrated history of the grant applicant in
disposing of or providing for the reuse of computers, monitors,
or devices in an environmentally sound and responsible manner
without violation of any Federal or State law.
The Administrator shall ensure that grants are provided to a
geographically diverse group of recipients.
SEC. 5. CONSULTATION.
In carrying out this Act, the Administrator shall consult with
representatives of the computer manufacturing, retail, and recycling
industries, waste management professionals, environmental and consumer
groups, and other appropriate individuals and organizations (including
units of local government).
SEC. 6. STUDY AND REPORTS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Administrator shall transmit to the Congress the
results of a study that--
(1) identifies waste materials in used computers that may
be hazardous to human health or the environment;
(2) estimates the quantities of such materials that exist
or will exist in the future, including a separate estimate of
the quantities of such materials that are exported from the
United States;
(3) estimates the costs of transporting, collecting, and
processing computers, monitors, and other designated devices;
(4) describes current management of such waste materials;
(5) makes recommendations for the management of electronic
products containing such waste materials at the end of their
useful lives; and
(6) estimates the demand for materials from recycled
computers, and make recommendations for increasing the markets
for such materials.
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 4 additional years, the
Administrator shall transmit to the Congress a report on the status of
computer recycling. Such report shall include a description of the
amount of fees collected under section 3, and a description of the
amount of administrative costs paid for and grants made under section 4
with funds collected through such fees.
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National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency (EPA), after submitting to Congress the results of a study of waste materials in used computers that may be hazardous to human health or the environment along with related management recommendations, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.
Exempts nonprofit organizations from the fee requirement. Authorizes the Administrator to create additional fee exemptions for sales that will likely result in maximum reuse of significant components and the disposal of remaining components in an environmentally sound and lawful manner. Requires fees collected to be used for administration of this Act and for making grants to eligible individuals or organizations for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such devices; and (3) extracting and using, or selling for reuse, raw materials from such devices. Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Market Prison Industries Reform
Act of 1998''.
SEC. 2. GENERAL PROVISIONS RELATING TO STRUCTURE AND FUNCTION OF
FEDERAL PRISON INDUSTRIES.
Title 18, United States Code, is amended by striking sections 4121
through 4122 and inserting the following:
``Sec. 4121. Definitions
``In this section--
``(1) the term `industry' means an endeavor that utilizes
incarcerated persons to produce one or more goods or provide
one or more services, or both;
``(2) the term `product' includes services;
``(3) the term `prisoner contributions' means an amount
which shall be used for--
``(A) payment of fines and restitution owed by the prisoner
pursuant to court order;
``(B) reasonable charges for room and board, as determined
under rules made by the Attorney General;
``(C) allocations for support of the inmate's family
pursuant to statute, court order, or agreement by the inmate;
and
``(D) contributions, of not less than 5 percent but not
more than 20 percent of the fee paid on account of the inmate,
to any fund established by law to compensate the victims of
crime;
``(4) the term `assembled good' means a good which is the
result of the assembly of fabricated goods, as such terms are
defined in 19 CFR 10.11 et seq.; and
``(5) the term `foreign-made good' means a good that the
Director of Bureau of Labor Statistics determines is a product
of which 95% or more of the amount sold in the United States is
fabricated in a foreign place.
``Sec. 4122. Administration of Federal Prison Industries
``(a)(1) Federal Prison Industries is established as a Government
corporation of the District of Columbia.
``(2) Federal Prison Industries shall be administered by a board of
7 directors appointed by the President to serve at the will of the
President without compensation. The President, in appointing such
directors, shall consider for appointment a person recommended by each
of the following:
``(A) The Speaker of the House of Representatives.
``(B) The minority leader of the House of Representatives.
``(C) The majority leader of the Senate.
``(D) The minority leader of the Senate.
``(b) Federal Prison Industries shall provide industries operated
as a Limited Sales Project, Private Sector Project, or a Prison
Industry Enhancement Project. The goal of such industries shall be to
generate the greatest amount of prisoner contributions as is reasonably
possible and provide employment for the greatest number as is
reasonably possible of those inmates who are eligible to work who are--
``(1) in the custody of the Bureau of Prisons;
``(2) convicted by general courts martial and confined in
any institution within the jurisdiction of any department or
agency comprising the Department of Defense, to the extent and
under terms and conditions agreed upon by the Secretary of
Defense, the Attorney General, and Federal Prison Industries;
or
``(3) confined in any penal or correctional institution of
the District of Columbia to the extent and under terms and
conditions agreed upon by the District of Columbia Department
of Corrections, the Attorney General, and Federal Prison
Industries.
``(c) Federal Prison Industries shall so conduct its operations so
that it realizes annual positive net revenues.
``(d) Federal Prison Industries shall avoid capturing more than a
reasonable share of the market among Federal departments, agencies, and
institutions for any specific product of a Limited Sales Project.
``(e)(1) Any department or agency of the Department of Defense may,
without exchange of funds, transfer to Federal Prison Industries any
property or equipment suitable for use in performing the functions and
duties covered by agreement entered into under subsection (b)(2).
``(2) The Department of Corrections of the District of Columbia
may, without exchange of funds, transfer to the Federal Prison
Industries any property or equipment suitable for use in performing the
functions and duties covered by an agreement entered into under
subsection (b)(3).
``(f) Nothing in this chapter shall prohibit any industry from
offering for sale on the open market--
``(1) assembled goods; or
``(2) foreign-made goods.''.
``(g) Federal Prison Industries is not required to comply with the
Competition in Contracting Act of 1984 or with the Federal Acquisition
Regulations.
``(h) Federal Prison Industries may provide vocational training for
qualified inmates without regard to their Federal Prison Industries
work or other assignments.''.
SEC. 3. EXISTING INDUSTRIES.
Chapter 307 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 4130. Limited Sales Projects
``(a) Any industry not operated as a Private Sector Project or a
Prison Industry Enhancement Project shall be operated as a Limited
Sales Project.
``(b) An industry operated as a Limited Sales Project shall--
``(A) sell its products only to--
``(i) the Federal Government;
``(ii) State and local governmental
entities; or
``(iii) outside the United States;
``(B) be operated directly by Federal Prison
Industries; and
``(C) be located in a facility provided by the
Bureau of Prisons.
SEC. 4. NEW INDUSTRIES.
(a) In General.--Chapter 307 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4131. Private Sector Projects
``(a) Except as provided in subsection (g), each industry located
at a facility activated by the Attorney General on or after the date
which is one year after the date of the enactment of the Prison
Industries Reform Act of 1998 shall be operated as a Private Sector
Project. Each industry located at a facility that was activated before
that date may be operated as a Private Sector Project.
``(b) An industry operated as a Private Sector Project shall--
``(1) sell its products generally on the open market;
``(2) be operated by a private person under a contract with
Federal Prison Industries for the use of prison labor; and
``(3) be located in a facility operated by the Bureau of
Prisons or a private person under a contract with the Attorney
General, or elsewhere as may be determined by the Attorney
General.
``(c) Except as otherwise provided in this section, Federal Prison
Industries shall enter into a contract with a private person to operate
the Private Sector Project on terms beneficial to the mission of
Federal Prison Industries. The contract shall include a provision for
payment of a fee for the use of the services of the inmates working in
that Project.
``(d) Before entering into a contract with a private person under
subsection (c), Federal Prison Industries shall prepare and make public
a notice soliciting private persons to submit bids for the contract.
Federal Prison Industries shall submit that notice to the committees on
the judiciary of the House of Representatives and the Senate on or
before the date such notice is made public.
``(e) When reviewing bids submitted by a private person to operate
and manage a Private Sector Project, Federal Prison Industries shall
give preferences to private persons who propose to use the Private
Sector Project for operations that otherwise would be located in a
foreign place, unless Federal Prison Industries determines that other
bids are of greater benefit to the mission of Federal Prison
Industries.
``(f) The Attorney General may determine the portion of any
compensation paid by the private person pursuant to a contract under
subsection (c) that will be distributed as wages to inmates who work in
the industry. The remainder of such compensation shall be retained by
Federal Prison Industries and distributed as prisoner contributions in
accordance with section 4133.
``(g) If Federal Prison Industries is unable to enter into a
contract with a private person with respect to a Private Sector Project
within 18 months after the latter of the date on which notice is given
pursuant to subsection (d) or on which the Attorney General activates
the facility at which the industry is to be located, Federal Prison
Industries may operate that industry as a Prison Industry Enhancement
Project.
``Sec. 4132. Prison Industry Enhancement Projects
``(a) Each industry that is in operation on the day which is one
year after the date of the enactment of the Prison Industries Reform
Act of 1998 and located at a facility activated before such day may be
operated as a Prison Industry Enhancement Project. Any industry
described in section 4131(g) and which Federal Prison Industries
determines will not be operated as a Private Sector Project shall be
operated as a Prison Industry Enhancement Project.
``(b) An industry operated as a Prison Industry Enhancement
Project' shall--
``(1) sell its products generally on the open market;
``(2) be operated by Federal Prison Industries; and
``(3) be located in a facility operated by the Bureau of
Prisons or a private person under a contract with the Attorney
General.
``(c) The Attorney General may determine the portion of the net
revenues of the Prison Enhancement Project to be distributed as wages
to inmates who work in the industry. The remainder of such revenue
shall be retained by Federal Prison Industries and distributed as
prisoner contributions in accordance with section 4133.
``(d) Not later than 2 years after the date of the enactment of the
Prison Industries Reform Act of 1998, Federal Prison Industries shall
operate not less than 5 industries existing on such date as Private
Sector Projects or Prison Industry Enhancement Projects. Not later than
3 years after such date, Federal Prison Industries shall operate not
less than 20 such industries as Private Sector Projects or Prison
Industry Enhancement Projects.''.
(b) Elimination of Old Provision Respecting New Industries.--Title
18, United States Code, is amended by striking section 4123.
SEC. 5. CONFORMING AMENDMENTS.
(a) Mandatory Source Requirement.--Section 4124 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``The'' and inserting ``Except as
otherwise provided by law, the'';
(B) by inserting ``(in each of the executive,
legislative, and judicial branches)'' after ``United
States''; and
(C) by striking ``the industries'' and inserting
``Limited Sales Projects'';
(2) in subsection (d), by striking ``products and
services'' and inserting ``products of Limited Sales
Projects''; and
(3) by adding at the end the following:
``(e)(1) Subsection (a) does not require the purchase by Federal
entities of any assembled goods.
``(2) Subsection (a) does not require the purchase by Federal
entities of any foreign-made goods. ''.
(b) Prison Industries Fund.--Section 4126(c) of title 18, United
States Code, is amended--
(1) by inserting ``(in an amount not greater than that
provided in chapter 81 of title 5)'' after ``operations, and
compensation'';
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon;
(3) by striking the matter in subsection (c) that follows
paragraph (4) and inserting the following:
``(5) in paying, under rules and regulations promulgated by
the Attorney General, prisoner contributions.''.
SEC. 6 CLERICAL AMENDMENTS.
The table of sections for chapter 307 of title 18, United States
Code, is amended--
(1) so that the item relating to section 4121 reads as
follows:
``4121. Definitions.''.
(2) by striking the item relating to section 4123; and
(3) by inserting after the item relating to section 4129
the following new items:
``4130. Limited Sales Projects.
``4131. Private Sector Projects.
``4132. Prison Industry Enhancement Projects.''.
SEC. 7. MODIFICATION OF PROHIBITION ON SALES OF PRISONER-MADE PRODUCTS.
Section 1761 of title 18, United States Code, is amended by
striking subsections (b) through (d) and inserting the following:
``(b)(1) This section does not apply to good, wares, or merchandise
manufactured or produced, or services provided, by inmates at an
industry--
``(A) provided by Federal Prison Industries; or
``(B) provided by a State, unless--
``(i) the industry is operated by a person other
than the State; and
``(ii) after September 30, 2008, the State does not
have in effect any requirement that the departments and
agencies of the State purchase a portion of their
requirements for products produced by any industry
provided by that State.
``(2) As used in this subsection, the term `State' means a State of
the United States and any commonwealth, territory, or possession of the
United States.''.
SEC. 8. STUDY OF FOREIGN-MADE GOODS.
The Director of the Bureau of Labor Statistics shall make a initial
determination of those goods (described by Standard Industrial Product
Code published by the Office of Management and Budget) of which 95
percent or more of the amount sold in the United States are fabricated
in a foreign place. The Director shall report that determination to
Congress, not later than 180 days after the date of the enactment of
the Prison Industries Reform Act of 1998.
SEC. 9. RESTRUCTURING.
(a) Plan.--The Attorney General shall, not later than one year
after the date of the enactment of this Act, develop and submit to
Congress a plan, together with any recommendations for any necessary
implementing legislation, for restructuring Federal Prison Industries.
The plan shall provide--
(1) for the reduction in the use of Limited Sales Projects
measured as a percentage of the total sales of Federal Prison
Industries (or any successor) by 40 percent before the end of
the 5-year period beginning on the date of the enactment of
this Act;
(2) except as provided in subsection (b)--
(A) for the phase out of the use of Limited Sales
Projects by September 30, 2008; and
(B) for the phase out of the use of Prison Industry
Enhancement Projects by September 30, 2013;
(3) the creation of a non-governmental entity to succeed to
the rights and obligations of Federal Prison Industries;
(b) Alternate Provisions of Plan.--
(1) Generally.--The plan may provide that if the number of
inmates employed in industries provided by Federal Prison
Industries 3 years after the submission date is less than the
number of inmates so employed on the submission date, then--
(A) the 40 percent reduction described in
subsection (a)(1) is not required and Limited Sales
Projects may also be used to provide industries after
September 30, 2008, but to no greater extent (measured
as a percentage of the total sales of Federal Prison
Industries (or any successor)) than used on the
submission date; and
(B) Prison Industry Enhancement Projects may also
be used to provide industries after September 30, 2013.
(2) Definition.--as used in this subsection, the term
``submission date'' is the date the plan is submitted to
Congress under subsection (a).
(c) Implementation of Plan.--To the extent the plan may be
implemented without the enactment of legislation, the plan shall go
into effect 180 days after the date of its submission to Congress,
unless Congress shall by law otherwise provide.
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Free Market Prison Industries Reform Act of 1998 - Amends the Federal criminal code to revise provisions governing Federal Prison Industries (FPI).
Directs that FPI: (1) be administered by a board of seven directors appointed by the President; (2) provide industries operated as a Limited Sales Project, Private Sector Project, or Prison Industry Enhancement Project, aimed at generating the greatest amount of prisoner contributions and providing employment for the greatest number possible of inmates who are eligible to work and in the custody of the Bureau of Prisons, convicted by general courts martial and confined in an institution under Department of Defense jurisdiction, or confined in a District of Columbia penal or correctional institution; and (3) conduct its operations so that it realizes annual positive net revenues.
Allows any such prison industry to offer for sale on the open market assembled or foreign-made goods. Exempts FPI from compliance with the Competition in Contracting Act of 1984 or with the Federal Acquisition Regulations.
(Sec. 3) Requires any prison industry not operated as a Private Sector Project or a Prison Industry Enhancement Project to be operated as a Limited Sales Project, which shall: (1) sell its products only to the Federal Government, State and local governmental entities, or outside the United States; (2) be operated directly by FPI; and (3) be located in a facility provided by the Bureau of Prisons.
(Sec. 4) Requires each industry located at a facility activated by the Attorney General one year or more after this Act's enactment to be operated as a Private Sector Project, with an exception. Permits each industry located at a facility that was activated before that date to be operated as a Private Sector Project. Directs that such a Project: (1) sell its products generally on the open market; (2) be operated by a private person under a contract with FPI for the use of prison labor; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General, or elsewhere as may be determined by the Attorney General.
Requires FPI: (1) to enter into a contract with a private person to operate the Private Sector Project on terms beneficial to FPI's mission, including provision for payment for the use of the services of the inmates working in that Project; (2) before entering into such contract, to prepare and make public a notice soliciting private persons to submit bids; and (3) when reviewing bids, to give preference to private persons who proposed to use the Project for operations that otherwise would be located abroad, with an exception.
Allows each industry that is in operation one year after this Act's enactment and located at a facility activated before such date to be operated as a Prison Industry Enhancement Project, which shall: (1) sell its products generally on the open market; (2) be operated by FPI; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General.
Requires FPI, not later than: (1) two years after this Act's enactment date, to operate not fewer than five industries existing on such date as Private Sector Projects or Prison Industry Enhancement Projects; and (2) three years after such date, to operate not fewer than 20 such industries as Private Sector Projects or Prison Industry Enhancement Projects.
(Sec. 7) Rewrites provisions regarding the prohibition on sales of prisoner-made products. Makes such prohibition inapplicable to goods, wares, or merchandise manufactured or produced, or services provided, by inmates at an industry provided by FPI, or by a State, unless: (1) the industry is operated by a person other than the State; and (2) after September 30, 2008, the State does not have in effect any requirement that State departments and agencies purchase a portion of their requirements from products produced by any State prison industry.
(Sec. 8) Requires the Director of the Bureau of Labor Statistics to make an initial determination of those goods of which 95 percent or more of the amount sold in the United States are fabricated in a foreign place.
(Sec. 9) Directs the Attorney General to develop and submit to the Congress a plan for restructuring FPI that provides for: (1) the phasing out of the use of Limited Sales Projects and of Prison Industry Enhancement Projects by September 30 of 2008 and 2013, respectively; and (2) the creation of a non-governmental entity to succeed Federal Prison Industries.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security and Redress
Act'' or ``TSARA''.
SEC. 2. JUDICIAL REVIEW PROCEDURES FOR PERSONS DELAYED OR PROHIBITED
FROM BOARDING.
(a) Exclusive Remedy.--Except as provided in subsection (b), no
court of the United States or of any State or political subdivision
thereof shall have jurisdiction over any claim, including a
constitutional claim, related to or arising out of a decision to delay
or prohibit a person from boarding a commercial aircraft because such
person has been identified as a threat by the Transportation Security
Administration or the Terrorist Screening Center. Any petition filed
under subsection (c) shall be the sole and exclusive judicial remedy
for any claim described in this section against the United States, any
United States Government department or agency, or any component or
official of any such department or agency.
(b) Exclusive Jurisdiction and Time of Filing.--
(1) Exclusive jurisdiction of the united states court of
appeals.--Any petition for review under subsection (c), as well
as any claims arising out of the same facts and circumstances
that could have been set out in such petition, including any
challenge to an individual's identification as a threat by the
Transportation Security Administration or the Terrorist
Screening Center, shall be filed only in the United States
Court of Appeals for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which
the person resides or where such person's principal place of
business is located.
(2) Scope of review.--The court of appeals in which the
petition is filed shall have jurisdiction to decide all
relevant questions of law. The court of appeals shall have
exclusive jurisdiction to affirm, amend, modify, or set aside
any part of the final decision under review, and may order the
Transportation Security Administration or Terrorist Screening
Center to conduct further proceedings.
(3) Time for filing.--The petition filed under subsection
(c), as well as any claims related to such petition, must be
filed not later than 60 days after a final order or final
decision is issued pursuant to the administrative redress
process established by section 44903, 44909, or 44926 of title
49, United States Code. The court of appeals may allow the
petition to be filed after the 60th day only if good cause is
shown for not filing by the 60th day.
(c) Petition for Review.--A petition for review may be filed by any
person who challenges a final administrative redress decision by the
Transportation Security Administration to delay or prohibit such person
from boarding a commercial aircraft because such person has been
identified as a threat by the Transportation Security Administration or
the Terrorist Screening Center. No petition may be filed under this
subsection unless and until the person filing such petition has
exhausted the administrative redress process established by section
44903, 44909, or 44926 of title 49, United States Code.
(d) Requirement for an Administrative Record and Procedures for
Judicial Review.--Notwithstanding any other provision of law, the
following procedures shall apply to a petition filed pursuant to
subsection (c):
(1) The United States shall file with the court of appeals
an administrative record, which shall consist of the
information the United States relied upon in support of the
final decision under review, as well as any information the
petitioner has submitted pursuant to the administrative redress
process established by section 44903, 44909, or 44926 of title
49, United States Code.
(2) All unclassified information contained in the
administrative record that is not otherwise privileged or
subject to statutory protections shall be provided to the
petitioner, and no discovery shall be permitted.
(3) The administrative record may include unclassified
information subject to privilege or statutory protections,
which the United States may submit in camera and ex parte.
(4) Sensitive security information contained in the
administrative record may only be provided to petitioner's
counsel pursuant to a protective order in accordance with the
regulations and orders issued pursuant to section 114(r) of
title 49, United States Code.
(5) The administrative record may also include classified
information, which the United States shall submit to the court
ex parte and in camera. The United States shall provide an
unclassified summary of the classified information to the
petitioner's counsel pursuant to a protective order, taking
into account the circumstances of the case, including the
petitioner's ability to respond to the basis for the final
order or final decision, unless the head of the department or
agency whose classified information is at issue, or his
designee, determines in his discretion that providing a summary
could damage the national security of the United States.
(6) The administrative record may also include information
obtained or derived from orders issued pursuant to the Foreign
Intelligence Surveillance Act of 1978, as amended (50 U.S.C.
1801 et seq.), without regard to subsections (c), (e), (f),
(g), and (h) of section 106, subsections (d), (f), (g), (h),
and (i) of section 305, subsections (c), (e), (f), (g), and (h)
of section 405, and section 706, of that Act. Whenever the
United States intends to use such information against an
aggrieved person, it shall provide an in camera and ex parte
notice to the court concerning such use.
(7) Whenever the court of appeals receives a notice
pursuant to subsection (d)(6), the court shall review, in
camera and ex parte, the application, order, and any other
materials that may be submitted by the United States.
(8) If the court determines that the order was not lawfully
authorized, or the information was not obtained in conformity
with the order, it shall exclude such information from
consideration as part of the administrative record.
(9) Any classified information, sensitive security
information, law enforcement sensitive information, or
information that is otherwise privileged or subject to
statutory protections, that is part of the administrative
record, or cited by the court in any decision, shall be treated
by the court and the parties consistent with the provisions of
this subsection, and shall remain under seal and preserved in
the records of the court to be made available in the event of
further proceedings. In no event shall such information be
released as part of the public record.
(10) After the expiration of the time to seek further
review, or the conclusion of further proceedings, the court
shall return the administrative record, including any and all
copies, to the United States. All privileged information or
other information in the possession of petitioner's counsel
that was provided by the United States pursuant to a protective
order shall be returned to the United States, or the
petitioner's counsel shall certify its destruction, including
any and all copies.
(e) Scope of Review.--The court of appeals shall decide any
petition for review filed under subsection (c) based solely on the
administrative record submitted by the United States, including any
information which may have been filed with the court in camera and ex
parte, and any information submitted by the petitioner during the
administrative redress process established by section 44903, 44909, or
44926 of title 49, United States Code. The court shall uphold a final
decision issued pursuant to the administrative redress process by the
Transportation Security Administration unless such decision was--
(1) arbitrary and capricious, an abuse of discretion, or
otherwise not in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right;
(4) lacking substantial support in the administrative
record taken as a whole, including in the classified
information submitted to the court; or
(5) not in accord with procedures required by law.
(f) Supreme Court Review.--A decision by the court of appeals under
this section may be reviewed by the Supreme Court under section 1254 of
title 28, United States Code.
(g) Rule of Construction.--Nothing in this section shall be
construed as limiting, superseding, or preventing the invocation of,
any privileges or defenses that are otherwise available at law or in
equity to protect against the disclosure of information.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``classified information'' means any
information or material that has been determined by the United
States Government pursuant to an Executive order, statute, or
regulation, to require protection against unauthorized
disclosure for reasons of national security and any restricted
data, as defined in paragraph r. of section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y)).
(2) The term ``national security'' means the national
defense and foreign relations of the United States.
(3) The term ``sensitive security information'' shall have
the meaning set forth in sections 114(r) and 40119 of title 49,
United States Code, and the regulations and orders issued
pursuant thereto.
(4) The term ``aggrieved person'' shall have the meaning
set forth in sections 1801(k), 1821(2), and 1841(3) of title
50, United States Code.
SEC. 4. APPLICATION TO PROCEEDINGS.
(a) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act, and shall apply to any
pending claim by a person who challenges a final decision by the
Transportation Security Administration to delay or prohibit such person
from boarding a commercial aircraft because he has been identified as a
threat by the Transportation Security Administration or the Terrorist
Screening Center.
(b) Conforming Amendment.--The procedures set forth in section 2(d)
shall also apply to any petition to review a final order entered
pursuant to section 46110 of title 49, United States Code.
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Transportation Security and Redress Act or TSARA This bill grants to the U.S. Court of Appeals for the District of Columbia Circuit and certain other U.S. courts of appeals exclusive jurisdiction to review any claims against the United States or a federal agency arising out of a decision to delay or prohibit a person from boarding a commercial aircraft because that person has been identified as a threat by the Transportation Security Administration (TSA) or the Terrorist Screening Center. A petition for review may be filed by any person who challenges a final administrative redress decision by the TSA to delay or prohibit a person from boarding a commercial aircraft because identified as a threat. No petition may be filed until the person filing has exhausted the administrative redress process. The court of appeals shall decide any petition for review based only on the administrative record submitted by the United States which shall consist of the information the United States relied upon in support of the final decision under review, as well as any information the petitioner has submitted pursuant to the administrative redress process. The court shall uphold a final decision issued pursuant to such process by the TSA unless such decision was: arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; lacking substantial support in the administrative record taken as a whole, including in the classified information submitted to the court; or not in accord with procedures required by law. A decision made by a court of appeals under this bill may be reviewed by the Supreme Court.
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Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Opportunity Act of 2012''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--PROCUREMENT CENTER REPRESENTATIVES
Sec. 101. Procurement center representatives.
Sec. 102. Small Business Act contracting requirements training.
TITLE II--ACQUISITION PLANNING
Sec. 201. Acquisition planning.
TITLE I--PROCUREMENT CENTER REPRESENTATIVES
SEC. 101. PROCUREMENT CENTER REPRESENTATIVES.
(a) In General.--Section 15(l) of the Small Business Act (15 U.S.C.
644(l)) is amended by striking the subsection enumerator and inserting
the following:
``(l) Procurement Center Representatives.--''.
(b) Assignment and Role.--Paragraph (1) of section 15(l) of such
Act (15 U.S.C. 644(l)) is amended to read as follows:
``(1) Assignment and role.--The Administrator shall assign
to each major procurement center a procurement center
representative with such assistance as may be appropriate.''.
(c) Activities.--Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2))
is amended--
(1) in the matter preceding subparagraph (A) by striking
``(2) In addition to carrying out the responsibilities assigned
by the Administration, a breakout'' and inserting the
following:
``(2) Activities.--A'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) attend any provisioning conference or similar
evaluation session during which a determination may be
made with respect to the procurement method to be used
to satisfy a requirement, review any acquisition plan
with respect to a requirement, and make recommendations
regarding procurement method determinations and
acquisition plans;'';
(3) in subparagraph (B)--
(A) by striking ``(B) review, at any time,
restrictions on competition'' and inserting the
following:
``(B) review, at any time, barriers to small
business participation in Federal contracting'';
(B) by striking ``items'' and inserting ``goods and
services''; and
(C) by striking ``limitations'' and inserting
``barriers'';
(4) in subparagraph (C) by striking ``(C) review
restrictions on competition'' and inserting the following:
``(C) review barriers to small business
participation in Federal contracting'';
(5) by striking subparagraph (D) and inserting the
following:
``(D) review any bundled or consolidated
solicitation or contract in accordance with this
Act;'';
(6) in subparagraph (E) by striking ``(E) have access to''
and inserting the following:
``(E) have access to''; and
(7) by striking subparagraphs (F) and (G) and inserting the
following:
``(F) receive, from personnel responsible for
reviewing unsolicited proposals, copies of unsolicited
proposals from small business concerns and any
information on outcomes relating to such proposals;
``(G) participate in any session or planning
process and review any documents with respect to a
decision to convert an activity performed by a small
business concern to an activity performed by a Federal
employee;
``(H) have electronic access to any acquisition
plan developed or in development with respect to a
procurement activity;
``(I) be an advocate for the maximum practicable
utilization of small business concerns in Federal
contracting, including by advocating against the
bundling of contract requirements when not justified;
and
``(J) carry out any other responsibility assigned
by the Administrator.''.
(d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is
amended by striking ``(3) A breakout procurement center
representative'' and inserting the following:
``(3) Appeals.--A procurement center representative''.
(e) Notification and Inclusion.--Paragraph (4) of section 15(l) of
such Act (15 U.S.C. 644(l)) is amended to read as follows:
``(4) Notification and inclusion.--A procurement center
representative shall be notified of and included in all
applicable acquisition planning processes.''.
(f) Position Requirements.--Section 15(l)(5) of such Act (15 U.S.C.
644(l)(5)) is amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(5) Position requirements.--'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--A procurement center
representative assigned under this subsection shall--
``(i) be a full-time employee of the
Administration;
``(ii) be fully qualified, technically
trained, and familiar with the goods and
services procured by the major procurement
center to which that representative is
assigned; and
``(iii) have a Level III Federal
Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification, except
that any person serving in such a position on
the date of enactment of this clause may
continue to serve in that position for a period
of 5 years without the required
certification.''; and
(3) in subparagraph (C) by striking ``(C) The
Administration shall establish personnel positions for breakout
procurement representatives and advisers assigned pursuant to''
and inserting the following:
``(B) Compensation.--The Administrator shall
establish personnel positions for procurement center
representatives assigned under''.
(g) Major Procurement Center Defined.--Section 15(l)(6) of such Act
(15 U.S.C. 644(l)(6)) is amended--
(1) by striking ``(6) For purposes'' and inserting the
following:
``(6) Major procurement center defined.--For purposes'';
and
(2) by striking ``other than commercial items and which has
the potential to incur significant savings as the result of the
placement of a breakout procurement center representative'' and
inserting ``goods or services, including goods or services that
are commercially available''.
(h) Training.--Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7))
is amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(7) Training.--'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Authorization.--At such times as the
Administrator deems appropriate, a procurement center
representative shall provide training for contracting
officers, other appropriate personnel of the
procurement center to which such representative is
assigned, and small businesses groups seeking to do
business with such procurement center. Such training
shall acquaint the participants with the provisions of
this subsection and shall instruct the participants in
methods designed to further the purposes of this
subsection.
``(B) Limitation.--A procurement center
representative may provide training under subparagraph
(A) only to the extent that the training does not
interfere with the representative carrying out other
activities under this subsection.''; and
(3) in subparagraph (B)--
(A) by striking ``(B) The breakout procurement
center representative'' and inserting the following:
``(8) Annual briefing and report.--A procurement center
representative''; and
(B) by striking ``sixty'' and inserting ``60''.
SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Defense Acquisition University and the
Federal Acquisition Institute shall each provide a course on
contracting requirements under the Small Business Act, including the
requirements for small business concerns owned and controlled by
service-disabled veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business concerns
owned and controlled by women.
(b) Course Required.--To have a Federal Acquisition Certification
in Contracting (or any successor certification) or the equivalent
Department of Defense certification an individual shall be required to
complete the course established under subsection (a).
(c) Requirement That Business Opportunity Specialists Be
Certified.--Section 7(j)(10)(D)(i) of the Small Business Act (15 U.S.C.
636(j)(10)(D)(i)) is amended by inserting after ``to assist such
Program Participant.'' the following: ``The Business Opportunity
Specialist shall have a Level I Federal Acquisition Certification in
Contracting (or any successor certification) or the equivalent
Department of Defense certification, except that a Business Opportunity
Specialist serving at the time of the date of enactment of the Small
Business Opportunity Act of 2012 may continue to serve as a Business
Opportunity Specialist for a period of 5 years beginning on that date
of enactment without such a certification.''.
(d) GAO Report.--Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit a report to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate on the relationship between
the size and quality of the acquisition workforce and the Federal
government's ability to maximize the utilization of small businesses in
Federal procurement. The report shall specifcally address the
following:
(1) The extent to which training on small business
contracting laws affects a contracting officer's determination
to use one of the contracting authorities provided in the Small
Business Act.
(2) The relationship between a robust Federal acquisition
workforce and small business success in obtaining Federal
contracting opportunities.
(3) The effect on economic growth if small businesses
experienced a significant reduction in small business
procurement activities.
(4) The effect of the anticipated acceleration of
retirements by the acquisition workforce on small business
procurement opportunities.
TITLE II--ACQUISITION PLANNING
SEC. 201. ACQUISITION PLANNING.
Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is
amended--
(1) by striking ``the various agencies'' and inserting ``a
Federal department or agency''; and
(2) by striking the period and inserting ``and each such
Federal department or agency shall--
``(A) enumerate opportunities for the participation
of small business concerns during all acquisition
planning processes and in all acquisition plans;
``(B) invite the participation of the appropriate
Director of Small and Disadvantaged Business
Utilization in all acquisition planning processes and
provide that Director access to all acquisition plans
in development; and
``(C) invite the participation of the appropriate
procurement center representative in all acquisition
planning processes and provide that representative
access to all acquisition plans in development.''.
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Small Business Opportunity Act of 2012 - Amends the Small Business Act to replace the position of breakout procurement representative within the Small Business Administration (SBA) with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes.
Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act.
Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement representative in such planning processes and provide Director and representative access to all acquisition plans in development.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access and Openness in Small
Business Lending Act of 2001''.
SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION.
(a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691
et seq.) is amended by inserting after section 704A the following new
section:
``SEC. 704B. SMALL BUSINESS LOAN DATA COLLECTION.
``(a) In General.--Subject to the requirements of this section, in
the case of any application to a depository institution for credit for
a small business, the depository institution shall--
``(1) inquire whether the business is a women- or minority-
owned business, without regard to whether such application is
received in person, by mail, by telephone, by electronic mail
or other form of electronic transmission, or by any other means
and whether or not such application is in response to a
solicitation by the depository institution; and
``(2) maintain a record of the responses to such inquiry
separate from the application and accompanying information.
``(b) Right To Refuse.--Any applicant for credit may refuse to
provide any information requested pursuant to subsection (a) in
connection with any application for credit.
``(c) No Access by Underwriters.--No loan underwriter or other
officer or employee of the depository institution, or any affiliate of
the depository institution, involved in making any determination
concerning an application for credit shall have access to any
information provided by the applicant pursuant to a request under
subsection (a) in connection with such application.
``(d) Form and Manner of Information.--
``(1) In general.--Each depository institution shall
compile and maintain, in accordance with regulations of the
Board, a record of the information provided by any loan
applicant pursuant to a request under subsection (a).
``(2) Itemized.--Information compiled and maintained under
paragraph (1) shall also be itemized in order to clearly and
conspicuously disclose the following:
``(A) The number of the application and the date
the application was received.
``(B) The type and purpose of the loan or other
credit being applied for.
``(C) The amount of the credit or credit limit
applied for and the amount of the credit transaction or
the credit limit approved for such applicant.
``(D) The type of action taken with respect to such
application and the date of such action.
``(E) The census tract in which is located the
principal place of business of the small business loan
applicant.
``(F) The gross annual revenue of the business in
the last fiscal year of the small business loan
applicant preceding the date of the application.
``(3) No personally identifiable information.--In compiling
and maintaining any record of information under this section, a
depository institution may not include in such record the name,
specific address (other than the census tract required under
paragraph (1)(E)), telephone number, electronic mail address,
and any other personally identifiable information concerning
any individual who is, or is connected with, the small business
loan applicant.
``(e) Availability of Information.--
``(1) Submission to agencies.--The data required to be
compiled and maintained under this section by any depository
institution shall be submitted annually to the agency to whom
the enforcement of the requirements of this title are committed
under section 704.
``(2) Availability of information.--Information compiled
and maintained under this section shall be retained for not
less than 3 years after the date of preparation and shall be
made available to the public, upon request, in the form
required under regulations prescribed by the Board.
``(f) Exemption for Small Institutions.--
``(1) In general.--This section shall not apply to any
depository institution the total assets of which are equal to
or less than the exemption amount as of the end of the last
full fiscal year of the depository institution preceding the
date of the small business loan application.
``(2) Exemption amount.--For purposes of paragraph (1), the
exemption amount is the amount determined under subsection (a)
of section 309 of Home Mortgage Disclosure Act of 1975 (taking
into account the adjustments required under subsection (b) of
such section).
``(g) Definitions.-- For purposes of this section, the following
definitions shall apply:
``(1) Depository institution.--The term `depository
institution'--
``(A) has the meaning given the term in section 3
of the Federal Deposit Insurance Act; and
``(B) includes any credit union.
``(2) Minority-owned business.--The term `minority-owned
business' means a business--
``(A) more than 50 percent of the ownership or
control of which is held by 1 or more minority
individuals; and
``(B) more than 50 percent of the net profit or
loss of which accrues to 1 or more minority
individuals.
``(3) Women-owned business.--The term `women-owned
business' means a business--
``(A) more than 50 percent of the ownership or
control of which is held by 1 or more women; and
``(B) more than 50 percent of the net profit or
loss of which accrues to 1 or more women.
``(4) Minority.--The term `minority' has the meaning given
to such term by section 1204(c)(3) of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989.
``(5) Small business loan.--The term `small business loan'
includes any loan described or defined as a small business loan
under any of the following provisions of title 12 of the Code
of Federal Regulations (as in effect on the date of the
enactment of the Access and Openness in Small Business Lending
Act of 2001):
``(A) Section 25.12(u) of subpart A of part 25.
``(B) Section 228.12(u) of part 228.
``(C) Section 345.12(u) of part 345.
``(D) Section 563e(t) of part 563e.''.
(b) Technical and Conforming Amendments.--Section 701(b) of the
Equal Credit Opportunity Act (15 U.S.C. 1691(b)) is amended--
(1) by striking ``or'' after the semicolon at the end of
paragraph (3);
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (4), the following new
paragraph:
``(5) to make an inquiry under section 704B in accordance
with the requirements of such section.''.
(c) Clerical Amendment.--The table of sections for title VII of the
Consumer Credit Protection Act is amended by inserting after the item
relating to section 704A the following new item:
``704B. Small business loan data collection.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect at the end of the __-month period beginning
on the date of the enactment of this Act.
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Access and Openness in Small Business Lending Act of 2001 - Amends the Equal Credit Opportunity Act to require a depository institution, in the case of an application for credit made by a small business, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a record of the responses to such inquiry separate from the application and accompanying information. Allows any applicant to refuse to provide such information. Prohibits: (1) access to such information by any loan underwriter, officer, employee, or affiliate of the depository institution; and (2) the depository institution from including personally identifiable information in such record of responses. Requires such information to be made available to Federal enforcement agencies. Exempts from such requirements institutions having total assets equal to or less than the exemption amount determined under the Home Mortgage Disclosure Act of 1975.
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Condense the following text into a summary: SECTION 1. LOCAL FAMILY INFORMATION CENTERS.
(a) Centers Established.--Part E of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) is amended by
adding at the end the following:
``SEC. 1503. LOCAL FAMILY INFORMATION CENTERS.
``(a) Centers Authorized.--The Secretary may make grants to, and
enter into contracts and cooperative agreements with, local nonprofit
parent organizations to enable the organizations to support local
family information centers that help ensure that parents of students in
schools assisted under part A have the training, information, and
support the parents need to enable the parents to participate
effectively in helping their children to meet challenging State
standards.
``(b) Definition of Local Nonprofit Parent Organization.--In this
section, the term `local nonprofit parent organization' means a private
nonprofit organization (other than an institution of higher education)
that--
``(1) has a demonstrated record of working with low-income
individuals and parents;
``(2)(A) has a board of directors--
``(i) the majority of whom are parents of students
in schools that are assisted under part A and located
in the geographic area to be served by the center; and
``(ii) that includes individuals who work in
schools that are assisted under part A and located in
the geographic area to be served by the center; or
``(B) has--
``(i) as a part of the organization's mission,
serving the interests of low-income families in public
schools located in the geographic area to be served by
the center; and
``(ii)(I) a special governing committee to direct
and implement the center, a majority of the members of
whom are parents of students in schools assisted under
part A, which committee shall include 1 or more
individuals working in the schools assisted under part
A in the geographic area to be served by the center;
and
``(II) entered into a memorandum of understanding
between the special governing committee and the board
of directors that clearly outlines the decisionmaking
responsibilities and authority of the special governing
committee; and
``(3) is located in a community with schools that receive
funds under part A, and is accessible to the families of
students in those schools.
``(c) Required Center Activities.--Each center assisted under this
section shall--
``(1) provide training, information, and support that meets
the needs of parents of children in schools assisted under part
A who are served through the grant, contract, or cooperative
agreement, particularly underserved parents, low-income
parents, parents of students with limited English proficiency,
parents of students with disabilities, and parents of students
in schools identified for school improvement or corrective
action under section 1116(c);
``(2) help families of students enrolled in a school
assisted under part A--
``(A) to understand and effectively carry out their
responsibilities under the parent involvement
provisions of this Act, including participation in
parent compacts, parent involvement policies, and joint
decisionmaking;
``(B) to learn how to participate effectively with
the school to create a needs assessment or school
improvement plan in accordance with part A; and
``(C) to understand all of the provisions of this
Act designed to improve the achievement of students in
the school;
``(3) provide information in a language and form that
parents understand, including taking steps to ensure that
underserved parents, low-income parents, parents with limited
English proficiency, parents of students with disabilities, or
parents of students in schools identified for school
improvement or corrective action, are effectively informed and
assisted;
``(4) assist parents to--
``(A) understand State content and student
performance standards, State and local assessments, and
how schools assisted under part A are required to help
students meet the State standards;
``(B) understand the accountability system in place
in the State, and support activities that are likely to
improve student achievement in schools assisted under
part A;
``(C) communicate effectively with personnel
responsible for providing educational services to their
child, and for planning and implementing policies and
programs under part A, in the school and the school
district;
``(D) understand and analyze the meaning of data
that schools, local educational agencies, and States
provide under the reporting requirements of this Act
and other statutes, including State reporting
requirements;
``(E) locate and understand appropriate information
about research on ways in which high poverty schools
have made real progress in having all students meet
State standards;
``(F) understand what their child's school is doing
to enable students at the school to meet the standards,
including understanding the curriculum and
instructional methods the school is using to help the
students meet the standards;
``(G) better understand their child's educational
needs, where their child stands with respect to State
standards, and how the school is addressing the child's
education needs;
``(H) participate in--
``(i) the decisionmaking processes at the
school, school district, and State levels;
``(ii) the development, review, and
amendment of school-parent compacts, the school
and school district parent involvement
policies, and the school plan; and
``(iii) the review of the needs assessment
of the school;
``(I) understand the requirements of sections 1114,
1115, and 1116, regarding improved student achievement,
school planning and improvement, and corrective action;
``(J) understand the provisions of other Federal
education programs that provide--
``(i) resources and opportunities for
school improvement; or
``(ii) educational resources to individual
students, including programs under chapters 1
and 2 of subpart 2 of part A of title IV of the
Higher Education Act of 1965 (Gear Up and
Federal TRIO programs) and other programs;
``(K) participate in other school reform
activities; and
``(L) understand public school choice options
available in the local community, including magnet
schools, charter schools, and alternative schools;
``(5) provide appropriate training and information to
students in schools assisted under part A, to enable the
students to participate in school compacts and in school reform
activities;
``(6) provide information on local parent involvement needs
and successes, where appropriate, to teachers and
administrators in schools assisted under part A, and facilitate
greater understanding of good parent involvement strategies;
``(7) establish cooperative partnerships with parent
training and information centers and community parent resource
centers assisted under sections 682 and 683, respectively, of
the Individuals with Disabilities Education Act, and with
parental information and resource centers assisted under
section 1118(g);
``(8) be designed to meet the specific needs of families
who experience significant isolation from available sources of
information and support;
``(9) network with appropriate clearinghouses; and
``(10) report annually to the Secretary regarding--
``(A) the number of parents to whom the center
provided information and support in the preceding
fiscal year;
``(B) the number of parents who participate in
training sessions and the average number of parents at
training sessions;
``(C) the prior year's training that was held at
times and places designed to allow the attendance of
the largest number of parents of students in schools
assisted under part A who are most likely to have been
isolated from other sources of information and
training;
``(D) the effectiveness of strategies used to reach
and serve parents, including underserved parents, low-
income parents, parents with limited English
proficiency, parents of students with disabilities, and
parents of students in schools identified for school
improvement or corrective action;
``(E) how the center ensured that parents had the
skills necessary to participate in their children's
education, as described in paragraph (4);
``(F) the information provided to parents by local
educational agencies in the geographic area served by
the center; and
``(G) other measures, as determined appropriate by
the Secretary.
``(c) Application Requirements.--Each local nonprofit parent
organization desiring assistance under this section shall submit to the
Secretary an application at such time, in such manner, and accompanied
by such information as the Secretary may require. Each such application
shall--
``(1) describe how the organization will use the assistance
to help families under this section;
``(2) describe what steps the organization has taken to
meet with school district or school personnel in the geographic
area to be served by the center in order to inform the
personnel of the plan and application for the assistance; and
``(3) identify with specificity the special efforts that
the organization will take--
``(A) to ensure that the needs for training,
information, and support for parents of students in
schools assisted under part A, particularly underserved
parents, low-income parents, parents with limited
English proficiency, parents of students with
disabilities, and parents of students in schools
identified for school improvement or corrective action,
are effectively met; and
``(B) to work with community-based organizations.
``(d) Distribution of Funds.--
``(1) Allocation of funds.--The Secretary shall make at
least 2 awards of assistance under this section to a local
nonprofit parent organization in each State, unless the
Secretary does not receive at least 2 applications from such
organizations in a State of sufficient quality to warrant
providing the assistance in the State.
``(2) Selection requirement for local family information
centers.--
``(A) Eligibility.--In order to be eligible to
receive assistance under this part, a center shall
serve a geographic area (which may include 1 or more
school districts), having between 15,000 and 25,000
students, 50 percent of whom are eligible for a free
and reduced price lunch under the National School Lunch
Act. The number of students served under the preceding
sentence may increase, at the discretion of the
Secretary, if the geographic area to be served contains
only 1 school district and the center has the capacity
to serve effectively the entire school district.
``(B) Selection.--The Secretary shall select local
nonprofit parent organizations in a State to receive
assistance under this section in a manner that ensures
the provision of the most effective assistance to low-
income parents of students in schools assisted under
part A that are located in high poverty rural and urban
areas in the State, with particular emphasis on rural
and urban geographic areas with high school dropout
rates, high percentages of limited English proficient
students, or geographic areas with schools identified
for school improvement or corrective action under
section 1116(c).
``(e) Quarterly Review.--
``(1) Requirements.--
``(A) Meetings.--The board of directors or special
governing committee of each organization that receives
assistance under this section shall meet at least once
in each calendar quarter to review the activities for
which the assistance was provided.
``(B) Continuation requirement.--For each year that
an organization submits an application for assistance
under this section after the first year the
organization receives assistance under this section,
the board of directors or special governing committee
of the organization shall submit to the Secretary a
written review of the activities of the center carried
out by the organization during the preceding year.
``(f) Evaluation.--The Secretary shall conduct an evaluation of the
centers assisted under this section, and shall report the findings of
such evaluation to Congress not later than 3 years after the date of
enactment of this section.''.
(b) Authorization of Appropriations.--Section 1002(g)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(g)(2))
is amended to read as follows:
``(2) Sections 1502 and 1503.--For the purposes of carrying
out sections 1502 and 1503, there are authorized to be
appropriated $100,000,000 for fiscal year 2001 and such sums as
may be necessary for each of the 4 succeeding fiscal years, of
which $50,000,000 shall be available for each fiscal year to
carry out section 1503.''.
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Revises ESEA title I (Helping Disadvantaged Students Meet High Standards) part E (Federal Evaluations, Demonstrations, and Transition Projects) to authorize the Secretary of Education to make grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to support local family information centers that help ensure that parents of students in schools assisted under title I part A (Improving Basic Programs Operated by Local Educational Agencies) have the training, information, and support they need to be able to participate effectively in helping their children to meet challenging State standards.
Sets forth requirements for center activities, applications, and eligibility. Directs the Secretary to: (1) make at least two awards of assistance under this Act to a local nonprofit parent organization in each State, if the applications are of sufficient quality; (2) select such organizations so as to ensure provision of the most effective assistance to low-income parents of students in schools assisted under part A that are located in high poverty rural and urban areas in the State, with particular emphasis on rural and urban geographic areas with high school dropout rates, high percentages of limited English proficient students, or geographic areas with schools identified for school improvement or corrective action; and (3) evaluate and report on assisted centers.
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 ``National Information Infrastructure
Protection Act of 1996''.
SEC. 2. COMPUTER CRIME.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``knowingly accesses'' and
inserting ``having knowingly accessed'';
(ii) by striking ``exceeds'' and inserting
``exceeding'';
(iii) by striking ``obtains information''
and inserting ``having obtained information'';
(iv) by striking ``the intent or'';
(v) by striking ``is to be used'' and
inserting ``could be used''; and
(vi) by inserting before the semicolon at
the end the following: ``willfully
communicates, delivers, transmits, or causes to
be communicated, delivered, or transmitted, or
attempts to communicate, deliver, transmit or
cause to be communicated, delivered, or
transmitted the same to any person not entitled
to receive it, or willfully retains the same
and fails to deliver it to the officer or
employee of the United States entitled to
receive it'';
(B) in paragraph (2)--
(i) by striking ``obtains information'' and
inserting ``obtains--
``(A) information''; and
(ii) by adding at the end the following:
``(B) information from any department or agency of
the United States; or
``(C) information from any protected computer if
the conduct involved an interstate or foreign
communication;'';
(C) in paragraph (3)--
(i) by striking ``the use of the
Government's operation of such computer'' and
inserting ``that use by or for the Government
of the United States''; and
(ii) by striking ``adversely'';
(D) in paragraph (4)--
(i) by striking ``Federal interest'' and
inserting ``protected''; and
(ii) by inserting before the semicolon the
following: ``and the value of such use is not
more than $5,000 in any 1-year period'';
(E) by amending paragraph (5) to read as follows:
``(5)(A) knowingly causes the transmission of a program,
information, code, or command, and as a result of such conduct,
intentionally causes damage without authorization, to a
protected computer;
``(B) intentionally accesses a protected computer without
authorization, and as a result of such conduct, recklessly
causes damage; or
``(C) intentionally accesses a protected computer without
authorization, and as a result of such conduct, causes
damage;''; and
(F) by inserting after paragraph (6) the following
new paragraph:
``(7) with intent to extort from any person, firm,
association, educational institution, financial institution,
government entity, or other legal entity, any money or other
thing of value, transmits in interstate or foreign commerce any
communication containing any threat to cause damage to a
protected computer;'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such
subsection'' each place it appears and inserting ``this
section'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``, (a)(5)(C),''
after ``(a)(3)''; and
(II) by striking ``such
subsection'' and inserting ``this
section'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting immediately after
subparagraph (A) the following:
``(B) a fine under this title or imprisonment for
not more than 5 years, or both, in the case of an
offense under subsection (a)(2), if--
``(i) the offense was committed for
purposes of commercial advantage or private
financial gain;
``(ii) the offense was committed in
furtherance of any criminal or tortious act in
violation of the Constitution or laws of the
United States or of any State; or
``(iii) the value of the information
obtained exceeds $5,000;''; and
(iv) in subparagraph (C) (as redesignated),
by striking ``such subsection'' and inserting
``this section'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(a)(4) or
(a)(5)(A)'' and inserting ``(a)(4),
(a)(5)(A), (a)(5)(B), or (a)(7)''; and
(II) by striking ``such
subsection'' and inserting ``this
section''; and
(ii) in subparagraph (B)--
(I) by striking ``(a)(4) or
(a)(5)'' and inserting ``(a)(4),
(a)(5)(A), (a)(5)(B), (a)(5)(C), or
(a)(7)''; and
(II) by striking ``such
subsection'' and inserting ``this
section''; and
(D) by striking paragraph (4);
(3) in subsection (d), by inserting ``subsections
(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of''
before ``this section.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``Federal interest'' and
inserting ``protected'';
(ii) in subparagraph (A), by striking ``the
use of the financial institution's operation or
the Government's operation of such computer''
and inserting ``that use by or for the
financial institution or the Government''; and
(iii) by amending subparagraph (B) to read
as follows:
``(B) which is used in interstate or foreign
commerce or communication;'';
(B) in paragraph (6), by striking ``and'' the last
place it appears;
(C) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(D) by adding at the end the following new
paragraphs:
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information, that--
``(A) causes loss aggregating at least $5,000 in
value during any 1-year period to one or more
individuals;
``(B) modifies or impairs, or potentially modifies
or impairs, the medical examination, diagnosis,
treatment, or care of one or more individuals;
``(C) causes physical injury to any person; or
``(D) threatens public health or safety; and
``(9) the term `government entity' includes the Government
of the United States, any State or political subdivision of the
United States, any foreign country, and any state, province,
municipality, or other political subdivision of a foreign
country.''; and
(5) in subsection (g)--
(A) by striking ``, other than a violation of
subsection (a)(5)(B),''; and
(B) by striking ``of any subsection other than
subsection (a)(5)(A)(ii)(II)(bb) or
(a)(5)(B)(ii)(II)(bb)'' and inserting ``involving
damage as defined in subsection (e)(8)(A)''.
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National Information Infrastructure Protection Act of 1996 - Revises Federal criminal code provisions regarding fraud and related activity in connection with computers. Sets penalties with respect to anyone who having knowingly accessed a computer without authorization or exceeding authorized access, obtains specified restricted information or data, and, with reason to believe that such information could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, or transmits it to any person not entitled to receive it (or causes or attempts such communication) or willfully retains it and fails to deliver it to the U.S. officer or employee entitled to receive it.
Sets penalties for: (1) intentionally accessing a computer without authorization or exceeding authorized access and thereby obtaining information from any U.S. department or agency, or from any protected computer if the conduct involved an interstate or foreign communication; (2) intentionally accessing, without authorization, any computer of a U.S. department or agency that is exclusively for use by or for the U.S. Government or, in the case of a computer not exclusively for such use, that is used by or for the U.S. Government if such conduct affects the use of the Government's operation of such computer; (3) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and furthering the intended fraud and obtaining anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any one-year period; (4) knowingly causing the transmission of a program, information, code, or command, and, as a result, intentionally causing damage without authorization to a protected computer, intentionally accessing a protected computer without authorization and recklessly causing damage, or intentionally accessing a protected computer without authorization and causing damage; and (5) with intent to extort from any person or legal entity any thing of value, transmitting in interstate or foreign commerce any communication containing a threat to cause damage to a protected computer.
Increases penalties for fraud and related activity in connection with computers.
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billsum_train
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Create a summary of the following text: That this Act may be
cited as the ``Small Business and Minority Small Business Procurement
Opportunities Act of 1994''.
SEC. 2. FUNCTIONS OF SMALL BUSINESS ADMINISTRATION.
The Small Business Act is amended by adding the following new
section:
``Sec. 29. The Administrator of the Small Business Administration,
in coordination with other Federal agencies, shall--
``(1) develop plans to coordinate and promote the use of
the Federal Acquisition Computer Network by small businesses
that incorporate outreach efforts by the Administration, agency
Offices of Small and Disadvantaged Business Utilization, Small
Business Development Centers, and other appropriate
organizations; and
``(2) inform and provide consistent and comprehensive
training on the Network for small businesses.''.
SEC. 3. SMALL BUSINESS RESERVATION.
Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended to read as follows:
``(j)(1) Each contract for the procurement of goods and services
that has an anticipated value not in excess of $100,000 shall be
reserved exclusively for small business concerns unless the contracting
officer is unable to obtain offers from two or more small business
concerns that (A) are competitive with market prices, and (B) are
competitive with regard to the quality and delivery of the goods or
services being procured.
``(2) In carrying out paragraph (1), a contracting officer shall
consider any offer that is responsive and that is received in a timely
manner from an eligible small business offeror.
``(3) Nothing in paragraph (1) shall be construed as precluding an
award of a contract with a value not in excess of $100,000 under the
authority of--
``(A) section 8(a) of this Act;
``(B) section 2323 of title 10, United States Code;
``(C) section 316 of the Federal Property and
Administrative Services Act of 1949; or
``(D) section 12 of the Business Opportunity Development
Reform Act of 1988 (Public Law 100-656; U.S.C. 644 note).
``(4) In the case of contracts referred to in paragraph (1) that
are entered into with small business concerns, contracting officers
shall, wherever circumstances permit, provide for the use of fast
payment terms and the disbursement of payment through electronic fund
transfer.
``(5) A purchase by an executive agency with an anticipated value
of the micro-purchase threshold or less shall not be subject to the
small business reserve requirements of paragraph (1) of this
subsection.''.
SEC. 4. TECHNICAL AND CONFORMING CHANGES.
(a) Section 3(m) of the Small Business Act (15 U.S.C. 632(m)) is
amended to read as follows:
``(m) For purposes of this Act, the term `simplified acquisition
threshold' has the meaning given such term in section 4A of the Office
of Federal Procurement Policy Act (41 U.S.C. 403A) and the term `micro-
purchase threshold' has the meaning given such term in section 4B(e) of
the Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.).''.
(b) Section 8(d)(2)(A) of the Small Business Act (15 U.S.C.
637(d)(2)(A)) is amended by striking out ``does not exceed the small
purchase threshold'' and inserting in lieu thereof ``is for an amount
not in excess of the simplified acquisition threshold''.
SEC. 5. CONTRACT GOALS FOR SMALL BUSINESSES OWNED BY ECONOMICALLY AND
SOCIALLY DISADVANTAGED INDIVIDUALS AND FOR CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
Section 8(g) of the Small Business Act is amended to read as
follows:
``(g)(1) The President annually shall establish Government-wide
goals for procurement contracts awarded to small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals. The Government-wide goal for
participation by small business concerns shall be established at not
less than 20 percent of the total value of all prime contract awards
for each fiscal year. The Government-wide goal for participation by
small business concerns owned and controlled by socially and
economically disadvantaged individuals shall be established at not less
than 5 percent of the total value of all prime contract and subcontract
awards for each fiscal year.
``(2) A goal of 5 percent of the amount described in paragraph (5)
shall be the objective of an executive agency in each of fiscal years
1994 through 2000 for the total combined amount obligated for contracts
and subcontracts entered into with--
``(A) small business concerns, including mass media and
advertising firms, owned and controlled by socially and
economically disadvantaged individuals, the majority of the
earnings of which directly accrue to such individuals;
``(B) historically Black colleges and universities,
including any nonprofit research institution that was an
integral part of such a college or university before November
14, 1986; and
``(C) minority institutions (as defined in section 1046(3)
of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)),
which, for the purposes of this section, shall include
Hispanic-serving institutions (as defined in section 316(b)(1)
of such Act (20 U.S.C. 1059c(b)(1)).
``(3) The head of the agency shall establish a specific goal within
the overall 5 percent goal for the award of prime contracts and
subcontracts to historically Black colleges and universities and
minority institutions in order to increase the participation of such
colleges and universities in the program provided for by this
subsection.
``(4) The administration, in consultation with the Administrator of
the Office of Federal Procurement Policy, shall provide procedures or
guidelines for contracting officers to set goals which executive agency
prime contractors that are required to submit subcontracting plans
under subsection (d) in furtherance of the agency's program to meet the
5 percent goal specified in paragraph (2) should meet in awarding
subcontracts, including subcontracts to minority-owned media, to
entities described in that paragraph.
``(5) The requirements of paragraphs (2) through (4) for any fiscal
year apply to the total value of all prime contract awards entered into
by the executive agency for such fiscal year.
``(6) (A) To attain the goal specified in paragraph (2), the head
of the agency shall provide technical assistance to the entities
referred to in that subsection and, in the case of historically Black
colleges and universities and minority institutions, shall also provide
infrastructure assistance.
``(B) Technical assistance provided under this section shall
include information about the program, advice about the agency's
procurement procedures, instruction in preparation of proposals, and
other such assistance as the agency head considers appropriate. If the
resources of the executive agency are inadequate to provide such
assistance, the agency head may enter into contracts with minority
private sector entities with experience and expertise in the design,
development, and delivery of technical assistance services to eligible
individuals, business firms and institutions, acquisition agencies, and
prime contractors. Agency contracts with such entities shall be awarded
annually, based upon, among other things, the number of minority small
business concerns, historically Black colleges and universities, and
minority institutions that each such entity brings into the program.
``(C) The agency head shall, to the maximum extent practical, carry
out programs under this section at colleges, universities, and
institutions that agree to bear a substantial portion of the cost
associated with the programs.
``(7) To attain the goal of paragraph (2),
``(A) The head of the agency shall--
``(i) ensure that substantial progress is made in
increasing awards of agency contracts to entities
described in paragraph (2);
``(ii) exercise his utmost authority,
resourcefulness, and diligence; and
``(iii) actively monitor and assess the progress of
prime contractors of the agency in attaining such goal.
``(B) In making the assessment under subparagraph (A)(iii),
the agency head shall evaluate the extent to which use of the
authority provided in paragraphs (C) and (D) and compliance
with the requirement in paragraph (E) is effective for
facilitating the attainment of the goal.
``(C) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
paragraph (2), the agency head shall make advance payments
under section 305 of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) to
contractors described in paragraph (2). The Federal Acquisition
Regulation shall provide guidance to contracting officers for
making advance payments to entities described in subsection
(a)(1) under such section.
``(D) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
paragraph (2), the agency head may enter into contracts using
less than full and open competitive procedures (including
awards under subsection (a) of this section) and partial set
asides for entities described in paragraph (2), but shall pay a
price not exceeding fair market cost by more than 10 percent in
payment per contract to contractors or subcontractors described
in paragraph (2). The agency head shall adjust the percentage
specified in the preceding sentence for any industry category
if available information clearly indicates that
nondisadvantaged small business concerns in such industry
category are generally being denied a reasonable opportunity to
compete for contracts because of the use of that percentage in
the application of this paragraph.
``(E) To the extent practicable, the agency head shall
maximize the number of minority small business concerns,
historically Black colleges and universities, and minority
institutions participating in the program.
``(F) The administration, in consultation with the
Administrator of the Office of Federal Procurement Policy,
shall prescribe regulations which provide for the following:
``(i) Procedures or guidance for contracting
officers to provide incentives for prime contractors
described in paragraph (2) to increase subcontractor
awards to entities described in such paragraph.
``(ii) A requirement that contracting officers
emphasize the award of contracts to entities described
in paragraph (2) in all industry categories, including
those categories in which such entities have not
traditionally dominated.
``(iii) Guidance to executive agency personnel on
the relationship among the following programs:
``(I) The program implementing this
subsection.
``(II) The program established under
subsection (a).
``(III) The small business set-aside
program established under section 15(a) of this
Act (15 U.S.C. 644(a)).
``(iv) With respect to an agency procurement which
is reasonably likely to be set aside for entities
described in paragraph (2), a requirement that (to the
maximum extent practicable) the procurement be
designated as such a set-aside before the solicitation
for the procurement is issued.
``(v) Policies and procedures which, to the maximum
extent practicable, will ensure that current levels in
the number or dollar value of contracts awarded under
the program established under subsection (a) (15 U.S.C.
637(a)) and under the small business set-aside program
established under section 15(a) of this Act (15 U.S.C.
644(a)) are maintained and that every effort is made to
provide new opportunities for contract awards to
eligible entities, in order to meet the goal of
paragraph (2).
``(vi) Implementation of this section in a manner
which will not alter the procurement process under the
program established under subsection (a) of this Act
(15 U.S.C. 637(a)).
``(vii) A requirement that one factor used in
evaluating the performance of a contracting officer be
the ability of the officer to increase contract awards
to entities described in paragraph (2).
``(viii) Increased technical assistance to entities
described in paragraph (2).
``(8)(A) Whoever for the purpose of securing a contract or
subcontract under paragraph (2), misrepresents the status of any
concern or person as a small business concern owned and controlled by a
minority (as described in paragraph (2), shall be punished by
imprisonment for not more than one year or a fine of not less than
$10,000, or both.
``(B) The Federal Acquisition Regulation shall prohibit awarding a
contract under this section to an entity described in paragraph (2)
unless the entity agrees to comply with the requirements of section
15(o)(1) of this Act (15 U.S.C. 644(o)(1)).
``(9)(A) To the maximum extent practicable, the head of the agency
shall--
``(i) ensure that no particular industry category bears a
disproportionate share of the contracts awarded to attain the
goal established by paragraph (2); and
``(ii) ensure that contracts awarded to attain the goal
established by paragraph (2) are made across the broadest
possible range of industry categories.
``(B) Under procedures prescribed by the head of the agency and
approved by the administration, a person may request the agency head to
determine whether the use of small disadvantaged business set asides by
a contracting activity of the agency has caused a particular industry
category to bear a disproportionate share of the contracts awarded to
attain the goal established for that contracting activity for the
purposes of this subsection. Upon making a determination that a
particular industry category is bearing a disproportionate share, the
agency head shall take appropriate actions to limit the contracting
activity's use of set asides in awarding contracts in that particular
industry category.
``(10)(A) The administration shall issue regulations to ensure that
potential contractors submitting sealed bids or competitive proposals
to the executive agency for procurement contracts to be awarded under
the program provided for by this subsection are complying with
applicable subcontracting plan requirements of subsection (d) of this
Act (15 U.S.C. 637(d)).
``(B) The regulations required by paragraph (A) shall ensure that,
with respect to a sealed bid or competitive proposal for which the
bidder or offeror is required to negotiate or submit a subcontracting
plan under subsection (d) of this Act (15 U.S.C. 637(d)), the
subcontracting plan shall be a factor in evaluating the bid or
proposal.
``(11)(A) Not later than December 15 of each year, the
administration shall submit to Congress a report on the progress of
each executive agency toward attaining the goal of paragraph (2) during
the preceding fiscal year.
``(B) The report required under paragraph (A) shall include a
description of--
``(i) the degree of participation by small businesses owned
and controlled by socially and economically disadvantaged
individuals in procurements conducted by each executive agency;
and
``(ii) the extent of compliance by executive agencies with
the goals for participation by such businesses required by
paragraph (1), relating to Government-wide small business and
small disadvantaged business goals for procurement contracts.
``(12) This subsection shall not be construed as modifying or
superseding any other provision of law establishing a goal or
requirement for an agency to obligate 5 percent or more of the total
value of all prime contract awards entered into by the agency for a
fiscal year with any entity described in paragraph (2).
``(13) The Coast Guard and the National Aeronautics and Space
Administration (notwithstanding section 302(a)(1)) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) shall each be considered to be an executive agency for the
purposes of this subsection.
``(14) This subsection applies to each of fiscal years 1994 through
2000.''.
SEC. 6. TEST OF INNOVATIVE AND ALTERNATIVE PROCUREMENT PROCEDURES.
Section 8(g) of the Small Business Act (15 U.S.C. 637(g)) (as
amended by section 5 of this Act) is further amended by inserting the
following:
``(15) The requirements of subsections (e) and (f) of this
section may be waived by the Administrator of the Office of
Federal Procurement Policy after consultation with the
Administrator of the Small Business Administration in
conducting innovative and alternative procurement test programs
under section 9001 of the Federal Acquisition Improvement Act
of 1994.''.
HR 4263 IH----2
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Small Business and Minority Small Business Procurement Opportunities Act of 1994 - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by various agencies and organizations; (2) inform and provide consistent and comprehensive training on the Network for small businesses; and (3) provide Minority Business Development Centers and other Department of Commerce minority assistance programs information on procurement opportunities and access to the Network.
(Sec. 2) Requires each Federal contract for the procurement of goods and services not in excess of $100,000 or the simplified acquisition threshold, whichever is higher, to be reserved exclusively for small businesses unless the contracting officer is unable to obtain competitive offers from two or more small businesses.
(Sec. 5) Revises provisions regarding contract goals for small businesses and small businesses owned by socially disadvantaged individuals. Expands such program to include small businesses owned by women. Increases the percentage goal for small business participation to at least 25 (currently, 20) percent of the total value of all prime contract awards in a fiscal year. Sets a minimum goal of five percent of the total value of all prime contract and subcontract awards in a fiscal year for participation by small businesses owned by women.
Requires all executive agencies to establish a goal of at least five percent of contract and subcontract dollars per year to be expended through small businesses owned by socially disadvantaged individuals for fiscal years 1994 through 2000. Outlines administrative procedures with respect to the attainment of such goals, including the provision of appropriate technical assistance.
Authorizes the use of advance payments and less than full and open competitive procedures when determined appropriate and in furtherance of the attainment of the contract goals. Requires appropriate regulations by the Administrator for Federal Procurement Policy. Provides civil and criminal penalties for the misrepresentation of a business as a business owned by socially disadvantaged individuals. Requires an agency head, upon request, to determine whether the use of small disadvantaged business set asides by a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such contracting activity. Requires appropriate corrective action upon a positive finding.
(Sec. 8) Requires procuring activities, until October 1, 1999, to report procurement awards with a dollar value between $10,000 and $100,000 in conformity with the procedures or the reporting of a contract award in excess of $25,000 that were in effect on October 1, 1992.
Directs the SBA Administrator to propose a modification to the Federal Acquisition Regulation that provides for the use of specified fast payment terms.
(Sec. 9) Provides deadlines for responses to requests by small businesses regarding contract administration matters.
(Sec. 10) Prohibits contracting procurement agencies from using any market acceptance criterion that would preclude small businesses from being eligible for a contract award solely on the basis of being unable to supply a quantity of product when the same amount of product could be obtained from a number of small business suppliers.
(Sec. 12) Requires the President to report annually to the Congress on the progress that small businesses owned by socially disadvantaged individuals and women are making in obtaining Federal procurement dollars.
(Sec. 13) Makes certain requirements regarding the participation of small businesses and small businesses owned by socially disadvantaged individuals in contracts and subcontracts applicable to small businesses owned by women as well.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Skills Training Alliances
Act of 1999''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Commerce.
TITLE I--SKILL GRANTS
SEC. 101. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
eligible entities described in subsection (b) to assist such entities
to improve the job skills necessary for employment in specific
industries.
(b) Eligible Entities Described.--
(1) In general.--An eligible entity described in this
subsection is a consortium that--
(A) shall consist of representatives from not less
than 10 businesses (or a non-profit organization that
represents not less than 10 businesses); and
(B) may consist of representatives from one or more
of the following:
(i) Labor organizations.
(ii) State and local government.
(iii) Educational institutions.
(2) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in paragraph (1)(A).
(3) Additional requirement.--To the maximum extent
practicable, each business, organization, or government that
forms an eligible entity under paragraph (1) shall be located
in the same geographic region of the United States.
(c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns, as described in section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
(d) Maximum Amount of Grant.--The amount of a grant provided to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.
SEC. 102. APPLICATION.
(a) Certain States With Multiple Consortia.--In a State in which
two or more eligible entities seek grants under section 101 for a
fiscal year, as determined by the Governor of the State, the Governor
may solicit proposals from the entities concerning the activities to be
carried out under the grants. If the Governor solicits such proposals,
based on the proposals received, the Governor shall submit an
application on behalf of 1 or more of the entities to the Secretary at
such time, in such manner, and containing such information as the
Secretary may reasonably require. The provisions of this title relating
to eligible entities shall apply to each of the entities for which the
Governor applies.
(b) Other States.--In a State in which only one eligible entity
seeks a grant under section 101 for a fiscal year, as determined by the
Governor of the State, or in which the Governor does not solicit
proposals as described in subsection (a), the Secretary may not provide
a grant under section 101 to the eligible entity unless such entity
submits to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
SEC. 103. USE OF AMOUNTS.
(a) In General.--The Secretary may not provide a grant under
section 101 to an eligible entity unless such entity agrees to use
amounts received from such grant to improve the job skills necessary
for employment by businesses in the industry with respect to which such
entity was established.
(b) Conduct of Program.--
(1) In general.--In carrying out the program described in
subsection (a), the eligible entity may provide for--
(A) an assessment of training and job skill needs
for the industry;
(B) development of a sequence of skill standards
that are benchmarked to advanced industry practices;
(C) development of curriculum and training methods;
(D) purchase, lease, or receipt of donations of
training equipment;
(E) identification of training providers;
(F) development of apprenticeship programs;
(G) development of training programs for dislocated
workers;
(H) development of the membership of the entity;
(I) provision of training programs for workers; and
(J) development of training plans for businesses.
(2) Additional requirement.--In carrying out the program
described in subsection (a), the eligible entity shall provide
for development and tracking of performance outcome measures
for the program and the training providers involved in the
program.
(c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of a grant to pay for administrative
costs associated with the program described in subsection (a).
SEC. 104. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 101 to an
eligible entity unless such entity agrees that--
(1) it will make available non-Federal contributions toward
the costs of carrying out activities under section 103 in an
amount that is not less than $2 for each $1 of Federal funds
provided under a grant under section 101; and
(2) of such non-Federal contributions, not less than $1 of
each such $2 shall be from businesses participating in the
eligible entity.
SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES.
The Secretary may use not more than 5 percent of the funds made
available to carry out this title to pay for Federal administrative
costs associated with making grants under this title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for each of the fiscal years 2000, 2001, and 2002.
TITLE II--PLANNING GRANTS
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
States to enable the States to assist businesses, organizations, and
agencies described in section 101(b) in conducting planning to form
consortia described in such section.
(b) Maximum Amount of Grant.--The amount of a grant provided to a
State under subsection (a) may not exceed $500,000 for any fiscal year.
SEC. 202. APPLICATION.
The Secretary may not provide a grant under section 201 to a State
unless such State submits to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
SEC. 203. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 201 to a State
unless such State agrees that it will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under a grant under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$5,000,000 for fiscal year 2000.
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TABLE OF CONTENTS:
Title I: Skill Grants
Title II: Planning Grants
Regional Skills Training Alliances Act of 1999 -
Title I: Skill Grants
- Directs the Secretary of Commerce to make grants to improve the job skills necessary for employment in specific industries. Requires the Secretary to do so acting through the Director of the National Institute of Standards and Technology.
Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than ten businesses (or a nonprofit organization that represents at least ten businesses); and (2) may have representatives from labor organizations, State and local governments, and educational institutions.
Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations.
Title II: Planning Grants
- Requires the Secretary, acting through the Director, to provide grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under title I.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stabilizing Workforce and Towns Act
of 1998''.
SEC. 2. COORDINATED FEDERAL RESPONSE FOR COMMUNITY ASSISTANCE.
(a) Establishment of SWAT Team Response.--
(1) In general.--The Secretary of Commerce, in consultation
with the President's Economic Adjustment Committee, shall
ensure that a Stabilizing Workforce and Towns Team (in this Act
referred to as a ``SWAT Team'') is mobilized and that such team
travels to a community in need (as defined in section 3) not
later than 3 days after an application for assistance is
received by that Secretary in accordance with paragraph (2).
(2) Application.--For purposes of paragraph (1), the
application for assistance shall be submitted by the Governor
of the State in which the community that is requesting
assistance under this Act is located and shall contain such
information as the Secretary of Commerce may require in order
to determine whether the area is a community in need.
(3) Determination.--The Secretary shall not provide a SWAT
Team response under this Act unless the Secretary determines
that the area under consideration for such response is a
community in need.
(b) SWAT Team Membership.--
(1) In general.--A SWAT Team shall be composed of a
representative from each of the following agencies:
(A) The Department of Commerce.
(B) The Department of Education.
(C) The Department of Health and Human Services.
(D) The Department of Housing and Urban
Development.
(E) The Department of Justice.
(F) The Department of Labor.
(G) The Department of Veterans Affairs.
(H) The Small Business Administration.
The representative of the Department of Commerce shall be the
team leader of the SWAT Team.
(2) Additional members.--In addition to the representatives
described in paragraph (1), a SWAT Team shall be composed of a
representative from any of the following agencies if the team
leader of the team determines that such representation is
appropriate in order to carry out the duties of the SWAT Team:
(A) The Department of Agriculture.
(B) The Department of Energy.
(C) The Department of the Interior.
(D) The Department of Treasury.
(E) The Office of Management and Budget.
(F) Any other Federal agency.
(c) Duties of SWAT Team.--The SWAT Team shall have the following
duties:
(1) To establish operations in a public building in the
community in need and maintain such operations for a minimum of
5 days.
(2) To provide to individuals residing in the community in
need information and materials that describe all relevant
Federal assistance programs available and the process for
applying for such assistance. The SWAT Team shall also make
available the applications for such assistance.
(3) To provide information to individuals residing in the
community in need regarding additional resources available to
such individuals to address their economic needs.
(4) To designate a member of the SWAT Team as a liaison to
the community in need. Such member shall be designated before
the SWAT Team terminates operations in the community and shall
continue to provide advise to the community regarding the long-
term recovery of the community.
SEC. 3. DEFINITION OF COMMUNITY IN NEED.
(a) In General.--In this Act, the term ``community in need'' means
an area that the Secretary of Commerce determines, using the criteria
described in subsection (b), is experiencing a sudden and severe
dislocation because of the closure or significant downsizing of a plant
or industry located in the area.
(b) Criteria for determination of sudden and severe economic
dislocation.--The criteria described in this subsection are that an
area must show actual or threatened permanent job losses that exceed
the following threshold criteria:
(1) Areas located in metropolitan statistical areas.--For
an area located in a Metropolitan Statistical Area, if the
unemployment rate of the Metropolitan Statistical Area in which
the area is located--
(A) is greater than the national average, the
dislocation must be equal to or greater than the lesser
of--
(i) 0.5 percent of the employed population
in the area; or
(ii) 4,000 direct jobs; or
(B) is equal to or less than the national average,
the dislocation must be equal to or greater than the
lesser of--
(i) 1 percent of the employed population in
the area; or
(ii) 8,000 direct jobs.
(2) Areas not located in metropolitan statistical areas.--
For an area that is not located in a Metropolitan Statistical
Area, if the unemployment rate of the Labor Market Area in
which the area is located--
(A) is greater than the national average, the
dislocation must be equal to or greater than the lesser
of--
(i) 2 percent of the employed population in
the area; or
(ii) 500 direct jobs; or
(B) is equal to or less than the national average,
the dislocation must be equal to or greater than the
lesser of--
(i) 4 percent of the employed population in
the area; or
(ii) 1,000 direct jobs.
(3) Percent of job loss ratio.--At least 50 percent of the
job loss ratio threshold is the result of the action of a
single employer, or at least 80 percent of the job loss
threshold occurs in a single standard industry classification.
SEC. 4. REPORT.
(a) In General.--Not later than 60 days after the completion of a
SWAT Team response in a community in need, the SWAT Team shall submit a
report to Congress, the community in need's congressional delegation,
and the President's Economic Adjustment Committee.
(b) Contents.--The report described in subsection (a) shall contain
a detailed description of the assistance provided by the SWAT Team,
recommendations regarding assistance to be provided by SWAT Teams in
future responses, information regarding the long-term recovery plan for
the community in need, and any other information regarding the
provision of Federal assistance to communities in need, including
community applications for Federal assistance, that the team determines
to be appropriate.
(c) Report on File.--A copy of the report described in subsection
(a) shall be maintained on file by the Secretary of Commerce for use as
a resource to assist similarly impacted communities in the future.
(d) Centralized Location.--The Secretary of Commerce shall maintain
all SWAT Team reports in a centralized location and shall make such
reports available to the public.
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Stabilizing Workforce and Towns Act of 1998 - Directs the Secretary of Commerce, in consultation with the President's Economic Adjustment Committee, to ensure that a Stabilizing Workforce and Towns Team (SWAT Team) is mobilized and that such team travels to a community in need after an application for assistance is received by the Secretary. Provides for such application to be submitted by the Governor of the State in which the community that is requesting assistance is located and to contain such information as the Secretary may require in order to determine whether the area is a community in need. Lists the Federal agencies from which members (and additional members) of the SWAT Team shall be composed.
Requires the SWAT Team to: (1) establish operations in the community in need and maintain such operations for a minimum of five days; (2) provide to residents of such community information and materials that describe all relevant Federal assistance programs available and the process for applying for such assistance, and to make available the applications for such assistance; (3) provide information to such residents on additional resources available to them to address their economic needs; and (4) designate a SWAT Team member as a liaison to such community to continue advising the community on the long-term recovery of the community. Defines the term "community in need" to mean an area that the Secretary determines is experiencing a sudden and severe dislocation because of the closure or significant downsizing of a plant or industry in the area.
Requires the SWAT Team, not later than 60 days after the completion of a SWAT Team response in a community in need, to submit a report to the Congress, such community's congressional delegation, and the President's Economic Adjustment Committee containing a description of the assistance provided by the Team, recommendations regarding assistance to be provided by Teams in future responses, information on the long-term recovery plan for the community in need, and any other information on the provision of Federal assistance to communities in need, including community applications for Federal assistance that the team determines to be appropriate. Directs the Secretary to maintain all SWAT Team reports in a centralized location and make such reports available to the public.
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Provide a summary of the following text: SECTION 1. ELECTIONS FOR THRIFT SAVINGS PLAN CONTRIBUTIONS.
(a) Short Title.--This Act may be cited as the ``Thrift Savings
Plan Open Elections Act of 2004''.
(b) In General.--Section 8432(b)(1)(A) of title 5, United States
Code, is amended--
(1) in the first sentence--
(A) by inserting ``(i)'' before ``The Executive
Director''; and
(B) by striking ``shall be afforded a reasonable
period every 6 months to elect to'' and inserting
``may'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(ii) An election to make contributions under this paragraph--
``(I) may be made at any time;
``(II) shall take effect on the earliest date after the
election that is administratively feasible; and
``(III) shall remain in effect until modified or
terminated.''.
(c) Continuation of Not Making Immediate Agency Contributions.--
Section 8432(b)(4)(C) of title 5, United States Code, is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following:
``(ii) Notwithstanding subparagraph (A) or (B),
contributions under paragraphs (1) and (2) of subsection (c)
shall not begin to be made with respect to an employee or
Member described under paragraph (2)(A) or (B) until the date
that such contributions would have begun to be made in
accordance with this paragraph as administered on the date
preceding the date of enactment of the Thrift Savings Plan Open
Elections Act of 2004.''.
(d) Technical and Conforming Amendments.--
(1) Civil service retirement system participation.--Section
8351(a)(2) of title 5, United States Code, is amended by
striking ``only during a period'' and inserting ``as''.
(2) Contributions by previously ineligible employees.--
Section 8432(b)(2) of title 5, United States Code, is amended--
(A) in subparagraph (A), by striking ``second
period'' and inserting ``date'';
(B) in subparagraph (C), by striking ``second
period'' and inserting ``date''; and
(C) in subparagraph (D) by striking ``other than
during a period afforded'' and inserting ``as
provided''.
(3) Provision of information.--Section 8439(c)(2) of title
5, United States Code, is amended by striking ``at least 30
calendar days before the beginning of each election period
under section 8432(b)(1)(A) of this title'' and inserting ``on
a regular basis''.
(4) Justices and judges.--Section 8440a(a)(2) of title 5,
United States Code, is amended by striking ``only during a
period'' and inserting ``as''.
(5) Bankruptcy judges and magistrate judges.--Section
8440b(a)(2) of title 5, United States Code, is amended by
striking ``only during a period'' and inserting ``as''.
(6) Court of federal claims judges.--Section 8440c(a)(2) of
title 5, United States Code, is amended by striking ``only
during a period'' and inserting ``as''.
(7) Judges of the united states court of appeals for
veterans claims.--Section 8440d(a)(2) of title 5, United States
Code, is amended by striking ``only during a period'' and
inserting ``as''.
(8) Members of the uniformed services.--Section
8440e(b)(2)(A) of title 5, United States Code, is amended--
(A) by striking ``only during a period'' and
inserting ``as''; and
(B) by striking all after section ``8432(b)'' and
inserting a period.
SEC. 2. ENHANCING FINANCIAL LITERACY.
(a) In General.--The Federal Retirement Thrift Investment Board (in
this section referred to as the ``Board'') shall periodically evaluate
whether the tools available to participants provide the information
needed to understand, evaluate, and compare financial products,
services, and opportunities offered through the Thrift Savings Plan.
The Board shall use these evaluations to improve its existing education
program for Thrift Savings Plan participants.
(b) Report on Financial Literacy Efforts.--The Board shall annually
report to the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives on its
Thrift Savings Plan education efforts on behalf of plan participants.
(c) Strategy.--As part of the retirement training offered by Office
of Personnel Management under section 8350 of title 5, United States
Code, the Office, in consultation with the Board, shall--
(1) not later than 6 months after the date of enactment of
this Act, develop and implement a retirement financial literacy
and education strategy for Federal employees that--
(A) shall educate Federal employees on the need for
retirement savings and investment; and
(B) provide information related to how Federal
employees can receive additional information on how to
plan for retirement and calculate what their retirement
investment should be in order to meet their retirement
goals; and
(2) submit a report to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of
the House of Representatives on the strategy described under
paragraph (1).
Passed the Senate July 16, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.
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Thrift Savings Plan Open Elections Act of 2004 - Allows an election by a Federal employee or member to make contributions under the Thrift Savings Plan (TSP) of the Federal Employees' Retirement System to be made at any time. Provides that such an election shall take effect on the earliest date after the election that is administratively feasible and shall remain in effect until modified or terminated. Prohibits agency contributions from beginning to be made for an employee or member until the date that such contributions would have begun to be made in accordance with regulations as administered on the date preceding the enactment of this Act.
Instructs the Federal Retirement Thrift Investment Board to: (1) periodically evaluate whether the tools available to participants provide the information needed to understand, evaluate, and compare financial products, services, and opportunities offered through the TSP; (2) use these evaluations to improve its existing program for TSP participants; and (3) annually report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on its TSP education efforts on behalf of plan participants.
Directs the Office of Personnel Management (OPM), as part of the retirement training offered by OPM, to: (1) develop and implement a retirement financial literacy and education strategy for Federal employees that educates Federal employees on the need for retirement savings and investment and that provides information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals; and (2) submit a report on such strategy to such committees.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced
by burning any fuel. Exposure to unhealthy levels of carbon
monoxide can lead to carbon monoxide poisoning, a serious
health condition that could result in death.
(2) Unintentional carbon monoxide poisoning from motor
vehicles and the abnormal operation of fuel-burning appliances,
such as furnaces, water heaters, portable generators, and
stoves, kills more than 400 people each year and sends more
than 20,000 to hospital emergency rooms for treatment.
(3) Research shows that purchasing and installing carbon
monoxide alarms close to the sleeping areas in residential
homes and other dwelling units can help avoid fatalities.
(4) Congress should promote the purchase and installation
of carbon monoxide alarms in residential homes and dwelling
units nationwide in order to promote the health and public
safety of citizens throughout the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Carbon monoxide alarm.--The term ``carbon monoxide
alarm'' means a device or system that--
(A) detects carbon monoxide; and
(B) is intended to alarm at carbon monoxide
concentrations below those that could cause a loss of
ability to react to the dangers of carbon monoxide
exposure.
(2) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(3) Compliant carbon monoxide alarm.--The term ``compliant
carbon monoxide alarm'' means a carbon monoxide alarm that
complies with the most current version of--
(A) the American National Standard for Single and
Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034);
and
(B) the American National Standard for Gas and
Vapor Detectors and Sensors (ANSI/UL 2075).
(4) Dwelling unit.--The term ``dwelling unit'' means a room
or suite of rooms used for human habitation, and includes a
single family residence as well as each living unit of a
multiple family residence (including apartment buildings) and
each living unit in a mixed use building.
(5) Fire code enforcement officials.--The term ``fire code
enforcement officials'' means officials of the fire safety code
enforcement agency of a State or local government.
(6) NFPA 720.--The term ``NFPA 720'' means--
(A) the Standard for the Installation of Carbon
Monoxide Detection and Warning Equipment issued by the
National Fire Protection Association in 2012; and
(B) any amended or similar successor standard
pertaining to the proper installation of carbon
monoxide alarms in dwelling units.
(7) State.--The term ``State'' has the meaning given such
term in section 3 of the Consumer Product Safety Act (15 U.S.C.
2052) and includes the Northern Mariana Islands and any
political subdivision of a State.
SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION.
(a) In General.--Subject to the availability of appropriations
authorized under subsection (f), the Commission shall establish a grant
program to provide assistance to eligible States to carry out the
carbon monoxide poisoning prevention activities described in subsection
(e).
(b) Eligibility.--For purposes of this section, an eligible State
is any State that--
(1) demonstrates to the satisfaction of the Commission that
the State has adopted a statute or a rule, regulation, or
similar measure with the force and effect of law, requiring
compliant carbon monoxide alarms to be installed in dwelling
units in accordance with NFPA 720; and
(2) submits an application to the Commission at such time,
in such form, and containing such additional information as the
Commission may require, which application may be filed on
behalf of the State by the fire code enforcement officials for
such State.
(c) Grant Amount.--The Commission shall determine the amount of the
grants awarded under this section.
(d) Selection of Grant Recipients.--In selecting eligible States
for the award of grants under this section, the Commission shall give
favorable consideration to an eligible State that--
(1) requires the installation of compliant carbon monoxide
alarms in new or existing educational facilities, childcare
facilities, health care facilities, adult dependent care
facilities, government buildings, restaurants, theaters,
lodging establishments, or dwelling units--
(A) within which a fuel-burning appliance is
installed, including a furnace, boiler, water heater,
fireplace, or any other apparatus, appliance, or device
that burns fuel; or
(B) which has an attached garage; and
(2) has developed a strategy to protect vulnerable
populations such as children, the elderly, or low-income
households.
(e) Use of Grant Funds.--
(1) In general.--An eligible State receiving a grant under
this section may use such grant--
(A) to purchase and install compliant carbon
monoxide alarms in the dwelling units of low-income
families or elderly persons, facilities that commonly
serve children or the elderly, including childcare
facilities, public schools, and senior centers, or
student dwelling units owned by public universities;
(B) to train State or local fire code enforcement
officials in the proper enforcement of State or local
laws concerning compliant carbon monoxide alarms and
the installation of such alarms in accordance with NFPA
720;
(C) for the development and dissemination of
training materials, instructors, and any other costs
related to the training sessions authorized by this
subsection; and
(D) to educate the public about the risk associated
with carbon monoxide as a poison and the importance of
proper carbon monoxide alarm use.
(2) Limitations.--
(A) Administrative costs.--Not more than 10 percent
of any grant amount received under this section may be
used to cover administrative costs not directly related
to training described in paragraph (1)(B).
(B) Public outreach.--Not more than 25 percent of
any grant amount received under this section may be
used to cover costs of activities described in
paragraph (1)(D).
(f) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Commission, for each of
the fiscal years 2015 through 2019, $2,000,000, which shall
remain available until expended to carry out this Act.
(2) Limitation on administrative expenses.--Not more than
10 percent of the amounts appropriated or otherwise made
available to carry out this section may be used for
administrative expenses.
(3) Retention of amounts.--Any amounts appropriated
pursuant to this subsection that remain unexpended and
unobligated on September 30, 2019, shall be retained by the
Commission and credited to the appropriations account that
funds the enforcement of the Consumer Product Safety Act (15
U.S.C. 2051).
(g) Report.--Not later than 1 year after the last day of each
fiscal year for which grants are awarded under this section, the
Commission shall submit to Congress a report that evaluates the
implementation of the grant program required by this section.
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Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2014 - Directs the Consumer Product Safety Commission (CPSC) to establish a grant program to provide assistance to states that require compliant carbon monoxide alarms to be installed in dwelling units. Defines "compliant carbon monoxide alarm" as an alarm that complies with the American National Standard for Single and Multiple Station Carbon Monoxide Alarms as well as the American National Standard for Gas and Vapor Detectors and Sensors. Permits states receiving grants to use such funds to: (1) purchase and install such alarms in dwelling units of low-income families or elderly persons, childcare facilities, public schools, senior centers, or student dwelling units owned by public universities; (2) train state or local fire code enforcement officials regarding compliance and installation; and (3) educate the public about the risk of carbon monoxide poisoning.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation, on June 4, 2003, all 5 members of
the Federal Communications Commission testified that there has
been, in at least some local radio markets, too much
consolidation.
(3) A commitment to localism--local operations, local
research, local management, locally-originated programming,
local artists, and local news and events--would bolster radio
listening.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due to the scarce amount of
spectrum available and the high cost of buying and running a
large station, many local communities are unable to establish a
radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2,500,000.
(6) In January, 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low-power FM'' or ``LPFM'' to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Commission sought to
``create opportunities for new voices on the air waves and to
allow local groups, including schools, churches, and other
community-based organizations, to provide programming
responsive to local community needs and interests''.
(8) The Commission made clear that the creation of LPFM
would not compromise the integrity of the FM radio band by
stating, ``We are committed to creating a low-power FM radio
service only if it does not cause unacceptable interference to
existing radio service.''.
(9) Currently, FM translator stations can operate on the
second- and third-adjacent channels to full power radio
stations, up to an effective radiated power of 250 watts,
pursuant to part 74 of title 47, Code of Federal Regulations,
using the very same transmitters that LPFM stations will use.
The FCC based its LPFM rules on the actual performance of these
translators that already operate without undue interference to
FM stations. The actual interference record of these
translators is far more useful than any results that further
testing could yield.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September, 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(11) In December, 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(12) The delay prevented millions of Americans from having
a locally operated, community based radio station in their
neighborhood.
(13) Approximately 300 LPFM stations were allowed to
proceed despite the congressional action. These stations are
currently on the air and are run by local government agencies,
groups promoting arts and education to immigrant and indigenous
peoples, artists, schools, religious organizations,
environmental groups, organizations promoting literacy, and
many other civically-oriented organizations.
(14) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
SEC. 3. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 5. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.
The Federal Communications Commission when licensing FM translator
stations shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.
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Local Community Radio Act of 2005 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required.
Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations.
Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.
Requires the FCC when licensing FM translator stations to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation $1 Coin Act''.
SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (v) the following new subsection:
``(w) Redesign and Issuance of $1 Coins Honoring Innovation and
Innovators From Each State, the District of Columbia, and Each
Territory.--
``(1) Redesign beginning in 2019.--
``(A) In general.--Notwithstanding subsection (d)(1) and
subsection (d)(2) and in accordance with the provisions of this
subsection, during the 14-year period beginning on January 1,
2019 (or such later date as provided under subparagraph
(B)(ii)), the Secretary of the Treasury shall mint and issue $1
coins to be known as `American Innovation $1 coins', that--
``(i) have designs on the obverse selected in
accordance with paragraph (2)(A); and
``(ii) have a design on the reverse selected in
accordance with paragraph (2)(B).
``(B) Continuity provisions.--
``(i) In general.--Notwithstanding subparagraph (A),
the Secretary shall continue to mint and issue $1 coins
honoring Native Americans and their contributions in
accordance with subsection (r).
``(ii) First coin.--Notwithstanding subparagraph (A),
if the Secretary finds that it is feasible and cost-
effective, the Secretary may mint and issue a $1 coin in
2018 to introduce the series of coins described in this
subsection, that--
``(I) has the obverse described under paragraph
(2)(A);
``(II) has a reverse that bears the inscription
`United States of America' and `American Innovators'
and a representation of the signature of President
George Washington on the first United States patent
issued;
``(III) has the edge-incusing described under
paragraph (2)(C); and
``(IV) the design for which has reviewed by the
Citizens Coinage Advisory Committee.
``(C) Definition of territory.--For purposes of this
subsection, the term `territory' means the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.
``(2) Design requirements.--Notwithstanding subsection (d)(1)
and subsection (d)(2), the $1 coins issued in accordance with
paragraph (1)(A) shall meet the following design requirements:
``(A) Coin obverse.--The common design on the obverse of
each coin issued under this subsection shall contain--
``(i) a likeness of the Statue of Liberty extending to
the rim of the coin and large enough to provide a dramatic
representation of Liberty;
``(ii) the inscription `$1'; and
``(iii) the inscription `In God We Trust'.
``(B) Coin reverse.--The design on the reverse of each coin
issued under this subsection shall bear the following:
``(i) An image or images emblematic of one of the
following from one of the 50 States, the District of
Columbia, or the territories of the United States:
``(I) A significant innovation.
``(II) An innovator.
``(III) A group of innovators.
``(ii) The name of the State, the District of Columbia,
or territory, as applicable.
``(iii) The inscription `United States of America'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the year of
minting or issuance of the coin, the mint mark, and the
inscription `E Pluribus Unum' shall be edge-incused into
the coin.
``(ii) Preservation of distinctive edge.--The edge-
incusing of the inscriptions under clause (i) on coins
issued under this subsection shall be done in a manner that
preserves the distinctive edge of the coin so that the
denomination of the coin is readily discernible, including
by individuals who are blind or visually impaired.
``(3) Issuance of coins commemorating innovation or
innovators.--
``(A) Order of issuance.--
``(i) In general.--The coins issued under this
subsection commemorating either an innovation, an
individual innovator, or a group of innovators, from each
State, the District of Columbia, or a territory shall be
issued in the following order:
``(I) State.--With respect to each State, the coins
shall be issued in the order in which the States
ratified the Constitution of the United States or were
admitted into the Union, as the case may be.
``(II) District of columbia and territories.--After
all coins are issued under subclause (I), the coins
shall be issued for the District of Columbia and the
territories in the following order: the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
``(ii) Application in event of the admission of
additional states.--Notwithstanding clause (i), if any
additional State is admitted into the Union before the end
of the 14-year period referred to in paragraph (1), the
Secretary of the Treasury may issue a $1 coin with respect
to the additional State in accordance with clause (i)(I).
``(iii) Application in the event of independence or
adding of a territory.--Notwithstanding clause (i)--
``(I) if any territory becomes independent or
otherwise ceases to be a territory of the United States
before $1 coins are minted pursuant to this subsection,
the subsection shall cease to apply with respect to
such territory; and
``(II) if any new territory is added to the United
States, $1 coins shall be issued for such territories
in the order in which the new the territories are
added, beginning after the $1 coin is issued for the
Commonwealth of the Northern Mariana Islands.
``(B) Issuance of coins commemorating four innovations or
innovators during each of 14 years.--
``(i) In general.--Four $1 coin designs as described in
this subsection shall be issued during each year of the
period referred to in paragraph (1) until 1 coin featuring
1 innovation, an individual innovator, or a group of
innovators, from each of the States, the District of
Columbia, and territories has been issued.
``(ii) Number of coins of each design.--The Secretary
shall prescribe, on the basis of such factors as the
Secretary determines to be appropriate, the number of $1
coins that shall be issued with each of the designs
selected for each year of the period referred to in
paragraph (1).
``(4) Selection of concept and design.--
``(A) Concept.--With respect to each State, the District of
Columbia, and each territory to be honored with a coin under
this subsection, the selection of the significant innovation,
innovator, or group of innovators to be borne on the reverse of
such coin shall be made by the Secretary of the Treasury, after
consultation with the Governor or other chief executive of the
State, the District of Columbia, or territory with respect to
which a coin is to be issued under this subsection.
``(B) Design.--Each of the designs required under this
subsection shall be selected by the Secretary after--
``(i) consultation with--
``(I) the Governor or other chief executive of the
State, the District of Columbia, or territory with
respect to which a coin is to be issued under this
subsection; and
``(II) the Commission of Fine Arts; and
``(ii) review by the Citizens Coinage Advisory
Committee.
``(C) Selection and approval process.--Proposals for
designs for $1 coins under this subsection may be submitted in
accordance with the design selection and approval process
developed by the Secretary in the sole discretion of the
Secretary.
``(D) Standards.--Because it is important that the Nation's
coinage and currency bear dignified designs of which the
citizens of the United States can be proud, the Secretary shall
not select any frivolous or inappropriate design for any $1
coin minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person and no portrait of a
living person may be included in the design of any coin issued
under this subsection.
``(5) Treatment as numismatic items.--For purposes of sections
5134 and 5136, all $1 coins minted under this subsection shall be
considered to be numismatic items.
``(6) Issuance of numismatic coins.--The Secretary may mint and
issue such number of $1 coins of each design selected under this
subsection in uncirculated and proof qualities as the Secretary
determines to be appropriate.
``(7) Termination of program.--The issuance of coins under this
subsection shall terminate when one innovation, an individual
innovator, or a group of innovators, from each State, the District
of Columbia, and each territory has been honored and may not be
resumed except by an Act of Congress.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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American Innovation $1 Coin Act (Sec. 2) This bill directs the Department of the Treasury, over a 14-year period beginning in 2019, to mint and issue "American Innovation" $1 coins commemorating innovation and innovators from each state, each U.S. territory, and the District of Columbia. Such coins shall be issued in the order in which the states ratified the Constitution or were admitted into the Union. After all such coins are issued, coins shall be issued for the District of Columbia and the territories. Treasury shall issue four coins per year until a coin has been issued for each jurisdiction. Neither the bust of any person nor the portrait of any living person may be included in the design of the coins. The bill instructs Interior to continue to mint and issue $1 coins honoring Native Americans and their contributions.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as ``Mynesha's Law''.
SEC. 2. FINDINGS.
Congress finds--
(1) with an estimated 24,500 gangs operating within the
United States, gang violence and drug trafficking remain
serious problems throughout the country, causing injury and
death to innocent victims, often children;
(2) on November 13, 2005, a gang-related dispute broke out
in San Bernardino, California, and gunfire sprayed an apartment
building, killing 11-year old Mynesha Crenshaw and seriously
wounding her 14-year old sister as they ate Sunday dinner with
their family;
(3) this tragic shooting symbolizes the struggle that so
many communities across the United States, like San Bernardino,
face in combating gang violence, and serves as a reminder of
the nationwide problem of protecting children from senseless
violence;
(4) according to the National Drug Threat Assessment,
criminal street gangs are responsible for the distribution of
much of the cocaine, methamphetamine, heroin, and other illegal
drugs throughout the United States;
(5) the Federal Government has made an increased commitment
to the suppression of gang violence through enhanced law
enforcement and criminal penalties; and
(6) more Federal resources and coordination are needed to
reduce gang violence through proven and proactive prevention
and intervention programs that focus on keeping at-risk youth
in school and out of the criminal justice system.
SEC. 3. DESIGNATION AS A HIGH-INTENSITY GANG ACTIVITY AREA.
(a) In General.--A unit of local government, city, county, tribal
government, or a group of counties (whether located in 1 or more
States) may submit an application to the Attorney General for
designation as a High-Intensity Gang Activity Area.
(b) Criteria.--
(1) In general.--The Attorney General shall establish
criteria for reviewing applications submitted under subsection
(a).
(2) Considerations.--In establishing criteria under
subsection (a) and evaluating an application for designation as
a High-Intensity Gang Activity Area, the Attorney General shall
consider--
(A) the current and predicted levels of gang crime
activity in the area;
(B) the extent to which violent crime in the area
appears to be related to criminal gang activity;
(C) the extent to which the area is already engaged
in local or regional collaboration regarding, and
coordination of, gang prevention activities; and
(D) such other criteria as the Attorney General
determines to be appropriate.
SEC. 4. PURPOSE OF THE TASK FORCE.
(a) In General.--In order to coordinate Federal assistance to High-
Intensity Gang Activity Areas, the Attorney General shall establish an
Interagency Gang Prevention Task Force (in this Act referred to as the
``Task Force''), consisting of a representative from--
(1) the Department of Justice;
(2) the Department of Education;
(3) the Department of Labor;
(4) the Department of Health and Human Services; and
(5) the Department of Housing and Urban Development.
(b) Coordination.--For each High-Intensity Gang Activity Area
designated by the Attorney General under section 3, the Task Force
shall--
(1) coordinate the activities of the Federal Government to
create a comprehensive gang prevention response, focusing on
early childhood intervention, at-risk youth intervention,
literacy, employment, and community policing; and
(2) coordinate its efforts with local and regional gang
prevention efforts.
(c) Programs.--The Task Force shall prioritize the needs of High-
Intensity Gang Activity Areas for funding under--
(1) the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the
Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community
Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program under
part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) the Edward Byrne Memorial Justice Assistance Grant
Program under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.); and
(12) any other program that the Task Force determines to be
appropriate.
(d) Reporting Requirements.--
(1) In general.--Not later than February 1 of each year,
the Task Force shall submit to Congress and the Attorney
General a report on the funding needs and programmatic outcomes
for each area designated as a High-Intensity Gang Activity
Area.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) an evidence-based analysis of the best
practices and outcomes among the areas designated as
High-Intensity Gang Activity Areas; and
(B) an analysis of the adequacy of Federal funding
to meet the needs of each area designated as a High-
Intensity Gang Activity Area and, if the Task Force
identifies any programmatic shortfalls in addressing
gang prevention, a request for new funding or
reprogramming of existing funds to meet such
shortfalls.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to meet any needs identified in any report submitted under section
4(d)(1).
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Mynesha's Law - Authorizes any local or tribal government to submit an application to the Attorney General for designation as a High-Intensity Gang Activity Area.
Directs the Attorney General to: (1) establish criteria for reviewing such applications; and (2) establish an Interagency Gang Prevention Task Force to coordinate federal assistance to High-Intensity Gang Activity Areas. Directs the Task Force to prioritize the needs of High-Intensity Gang Activity Areas for funding under specified federal community assistance and grant programs.
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Create a condensed overview of the following text: SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Allowance of Credit.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to refundable
credits) is amended by inserting after section 25D the following new
section:
``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is a
purchaser of a qualified principal residence during the taxable
year, there shall be allowed as a credit against the tax
imposed by this chapter an amount equal to so much of the
purchase price of the residence as does not exceed $15,000.
``(2) Allocation of credit amount.--The amount of the
credit allowed under paragraph (1) shall be equally divided
among the 3 taxable years beginning with the taxable year in
which the purchase of the qualified principal residence is
made.
``(b) Limitations.--
``(1) Date of purchase.--The credit allowed under
subsection (a) shall be allowed only with respect to purchases
made--
``(A) after February 29, 2008, and
``(B) before March 1, 2009.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) for the taxable year.
``(3) One-time only.--
``(A) In general.--If a credit is allowed under
this section in the case of any individual (and such
individual's spouse, if married) with respect to the
purchase of any qualified principal residence, no
credit shall be allowed under this section in any
taxable year with respect to the purchase of any other
qualified principal residence by such individual or a
spouse of such individual.
``(B) Joint purchase.--In the case of a purchase of
a qualified principal residence by 2 or more unmarried
individuals or by 2 married individuals filing
separately, no credit shall be allowed under this
section if a credit under this section has been allowed
to any of such individuals in any taxable year with
respect to the purchase of any other qualified
principal residence.
``(c) Qualified Principal Residence.--
``(1) In general.--For purposes of this section, the term
`qualified principal residence' means an eligible single-family
residence that is purchased to be the principal residence of
the purchaser.
``(2) Eligible single-family residence.--
``(A) In general.--For purposes of this subsection,
the term `eligible single-family residence' means a
single-family structure that is--
``(i) a new previously unoccupied residence
for which a building permit is issued and
construction begins on or before September 1,
2007,
``(ii) an owner-occupied residence with
respect to which the owner's acquisition
indebtedness (as defined in section
163(h)(3)(B), determined without regard to
clause (ii) thereof) is in default on or before
March 1, 2008, or
``(iii) a residence with respect to which a
foreclosure event has taken place and which is
owned by the mortgagor or the mortgagor's
agent.
``(B) Certification.--In the case of an eligible
single-family residence described in subparagraph
(A)(i), no credit shall be allowed under this section
unless the purchaser submits a certification by the
seller of such residence that such residence meets the
requirements of such subparagraph.
``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any purchase for which a credit is allowed under
section 1400C.
``(e) Special Rules.--
``(1) Joint purchase.--
``(A) Married individuals filing separately.--In
the case of 2 married individuals filing separately,
subsection (a) shall be applied to each such individual
by substituting `$7,500' for `$15,000' in subsection
(a)(1).
``(B) Unmarried individuals.--If 2 or more
individuals who are not married purchase a qualified
principal residence, the amount of the credit allowed
under subsection (a) shall be allocated among such
individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits
allowed to all such individuals shall not exceed
$15,000.
``(2) Purchase.--In defining the purchase of a qualified
principal residence, rules similar to the rules of paragraphs
(2) and (3) of section 1400C(e) (as in effect on the date of
the enactment of this section) shall apply.
``(3) Reporting requirement.--Rules similar to the rules of
section 1400C(f) (as so in effect) shall apply.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.''.
(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 inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Credit for certain home purchases.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after February 29, 2008.
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Amends the Internal Revenue Code to allow purchasers of a single-family principal residence a one-time tax credit for up to $15,000 of the purchase price. Requires such a residence to be purchased after February 29, 2008, and before March 1, 2009, and that it be: (1) a new previously unoccupied residence for which a building permit has been issued and construction began on or before September 1, 2007; (2) an owner-occupied residence with a mortgage indebtedness in default on or before March 1, 2008; or (3) in foreclosure and owned by the mortgagor or the mortgagor's agent.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weapons of Mass Destruction
Prohibition Improvement Act of 2003''.
SEC. 2. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of
title 18, United States Code, is amended by--
(1) amending paragraph (a)(2) to read as follows:
``(2) against any person or property within the United
States, and
``(A) the mail or any facility of interstate or
foreign commerce is used in furtherance of the offense;
``(B) such property is used in interstate or
foreign commerce or in an activity that affects
interstate or foreign commerce;
``(C) any perpetrator travels in or causes another
to travel in interstate or foreign commerce in
furtherance of the offense; or
``(D) the offense, or the results of the offense,
affect interstate or foreign commerce, or, in the case
of a threat, attempt, or conspiracy, would have
affected interstate or foreign commerce;'';
(2) in paragraph (a)(3), deleting the comma at the end and
inserting ``; or'';
(3) in subsection (a), adding the following at the end:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,'';
(4) in paragraph (c)(1), deleting ``and'' at the end;
(5) in paragraph (c)(2), deleting the period at the end and
inserting ``; and''; and
(6) in subsection (c), inserting the following at the end:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--Section 2332a
of title 18, United States Code, as amended by subsection (a), is
further amended by--
(1) in the caption, deleting ``certain'';
(2) in subsection (a), deleting ``(other than a chemical
weapon as that term is defined in section 229F); and
(3) in subsection (b), deleting ``(other than a chemical
weapon (as that term is defined in section 229F))''.
(c) Expansion of Categories of Restricted Persons Subject to
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title
18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting ``(i)'' after ``(G)'';
(B) inserting ``, or (ii) acts for or on behalf of,
or operates subject to the direction or control of, a
government or official of a country described in this
subparagraph'' after ``terrorism''; and
(C) striking ``or'' after the semicolon.
(2) in subparagraph (H) by striking the period and
inserting ``; or''; and
(3) by adding the following new subparagraph to the end
thereof:
``(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a
terrorist organization as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi)).''.
(d) Conforming Amendment to Regulations.--
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ``as a select agent in Appendix A'' and all
that follows and inserting the following: ``as a non-overlap or
overlap select biological agent or toxin in sections 73.4 and
73.5 of title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act, and is not
excluded under sections 73.4 and 73.5 or exempted under section
73.6 of title 42, Code of Federal Regulations.''.
(2) The amendment made by paragraph (1) shall take effect
at the same time that sections 73.4, 73.5, and 73.6 of title
42, Code of Federal Regulations, become effective.
SEC. 3. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION
THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)) is amended by striking ``in the production of any special
nuclear material'' and inserting ``or participate in the development or
production of any special nuclear material or atomic weapon''.
(b) Title 18, United States Code, is amended--
(1) in the chapter analysis for chapter 39, by inserting
after the item relating to section 831 the following:
``832. Participation in nuclear threats to the United States.'';
(2) by inserting after section 831 the following:
``Sec. 832. Participation in nuclear and weapons of mass destruction
threats to the United States
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
provides material support or resources (as defined in section 2339A) to
a nuclear weapons program or other weapons of mass destruction program
of a foreign terrorist power, or attempts or conspires to do so, shall
be imprisoned for not more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over an
offense under this section.
``(c) As used in this section--
``(1) `nuclear weapons program' means a program or plan for
the development, acquisition, or production of any nuclear
weapon or weapons;
``(2) `weapons of mass destruction program' means a program
or plan for the development, acquisition, or production of any
weapon or weapons of mass destruction (as defined in section
2332a(c));
``(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the Immigration
and Nationality Act, or a state sponsor of terrorism designated
under section 6(j) of the Export Administration Act of 1979 or
section 620A of the Foreign Assistance Act of 1961; and
``(4) `nuclear weapon' means any weapon that contains or
uses nuclear material as defined in section 831(f)(1).''; and
(3) in section 2332b(g)(5)(B)(i), by inserting after
``nuclear materials),'' the following: ``832 (relating to
participation in nuclear and weapons of mass destruction
threats to the United States)''.
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Weapons of Mass Destruction Prohibition Improvement Act of 2003 - Amends the Federal criminal code to expand the jurisdictional bases and scope of the prohibition against the use of, and threat, attempt, or conspiracy to use, weapons of mass destruction (WMD) to cover such actions against property within the United States under specified circumstances, including property owned, leased, or used by a foreign government.
Restores the coverage of chemical weapons under the prohibition.
Expands the categories of restricted persons subject to prohibitions relating to select agents to cover persons acting for or on behalf of, or operating subject to the direction or control of: (1) a government or official of a country that Secretary of State has determined has repeatedly provided support for acts of international terrorism; or (2) a terrorist organization.
Amends the Atomic Energy Act of 1954 to prohibit participation in the development or production of any special nuclear material or atomic weapon except as authorized by that Act.
Prohibits anyone within the United States or subject to U.S. jurisdiction from willfully participating in or providing material support or resources to a nuclear weapons program or other WMD program of a foreign terrorist power (or attempting or conspiring to do so). Establishes extraterritorial Federal jurisdiction over such offense.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Economy Truth in Labeling
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Current method inaccurate.--The Environmental
Protection Agency's current method for estimating fuel economy
is flawed and does not take into account the changes in driving
conditions that have taken place over the past 30 years. As a
result, the Environmental Protection Agency's tests
overestimate fuel economy by up to 30 percent, and
Environmental Protection Agency window sticker information
overestimates fuel economy by 10 percent or more.
(2) Underestimating highway speeds.--The Environmental
Protection Agency highway cycle assumes an average speed of 48
miles per hour (referred to in this section as ``mph'') and a
top speed of 60 mph. Many State highway speed limits are set at
or above 65 mph. Government data indicates that fuel economy
can drop by 17 percent for modern vehicles that drive at 70 mph
instead of 55 mph. Even at 65 mph, fuel economy can drop by
nearly 10 percent compared to driving at 55 mph.
(3) Assuming very gentle acceleration and braking.--The
maximum acceleration rate in the Environmental Protection
Agency test cycles is 3.3 mph per second, about the same as
going from zero to 60 mph in about 18 seconds. The average new
car or truck can accelerate nearly twice as fast. While most
consumers don't use all the power in their vehicle, the
Environmental Protection Agency data shows that people
accelerate as fast as 15 mph per second, nearly 5 times the
Environmental Protection Agency tests. In 1996 the
Environmental Protection Agency established a new driving cycle
(US06) that includes tougher acceleration and deceleration and
higher speeds, but this cycle is not used for fuel economy
purposes.
(4) Neglecting the wide range of outdoor temperatures
experienced in the real world.--The Environmental Protection
Agency tests are performed between 68 and 86 degrees
Fahrenheit. Most States frequently experience weather
conditions outside this range and fuel economy can be
significantly affected as a result.
(5) Failing to reflect the use of air conditioning.--Fuel
economy tests are run with the air conditioning off, while over
99 percent of all cars and trucks come with air conditioning.
In 1996 the Environmental Protection Agency established a new
driving cycle (SC03) that included air conditioning, but this
cycle is not used for fuel economy purposes.
(6) Overestimating trip lengths.--The Environmental
Protection Act city test cycle is 7.5 miles long. The
Environmental Protection Agency's own data indicate that
average trip lengths may be only 5 miles long, with typical
trips as short as 2.5 miles. Shorter trips often mean lower
fuel economy because the engine does not have time to warm up
and operate efficiently.
(7) Fuel consumption.--Fuels used for engine certification
tests are artificial in that they are highly refined, and not
equivalent to the fuel consumed during the life of a vehicle.
Use of reference diesel and gasoline fuels while desirable from
the standpoint of engineering design, optimization, and test
repeatability, understate emissions and overstate fuel economy
experienced by a vehicle in actual use. Current technology that
improves commercially available fuel at or near the point of
use is excluded from consideration by engine manufacturers as
original or optional equipment due to lack of need to represent
engine performance on anything other than reference fuels.
While allowing use of reference fuels for certification
purposes, the Environmental Protection Agency should consider
requiring manufacturers to post fuel economy realized on
commercially available fuel.
SEC. 3. UPDATED FUEL ECONOMY TESTING PROCEDURES.
(a) In General.--The Administrator of the Environmental Protection
Agency, in consultation with the Administrator of the National Highway
Traffic Safety Administration, shall revise the test procedures set
forth in sections 600.209-85 and 600.209-95 of the Agency's regulations
(40 C.F.R. 600.209-85 and 600.209-95) to take into consideration
current factors that may affect vehicle fuel economy, including--
(1) higher speed limits;
(2) faster acceleration rates;
(3) variations in temperature;
(4) the use of air conditioning;
(5) shorter city test cycle lengths; and
(6) the use of other fuel depleting features.
(b) Rulemaking Deadlines.--
(1) Initial.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall initiate a rulemaking procedure to
revise the test procedures described in subsection (a).
(2) Final rule.--Not later than 18 months after initiating
a rulemaking procedure under paragraph (1), the Administrator
shall promulgate a final rule containing the revised test
procedures.
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Fuel Economy Truth in Labeling Act - Directs the Administrator of the Environmental Protection Agency to initiate a rulemaking to revise certain Federal vehicle fuel economy test procedures to take into consideration current factors that may affect vehicle fuel economy, including higher speed limits, faster acceleration rates, variations in temperature, use of air conditioning, shorter city test cycle lengths, and the use of other fuel depleting features.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cottonwood Land Exchange Act of
2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Yavapai County,
Arizona.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 80 acres of land within the Coconino National
Forest, in Yavapai County, Arizona, generally depicted as
``Coconino National Forest Parcels `Federal Land''' on the map.
(3) Map.--The term ``map'' means the map entitled
``Cottonwood Land Exchange'', dated December 2015.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 369 acres of land in Yavapai County, Arizona,
generally depicted as ``Yavapai County Parcels `Non-Federal
Land''' on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 3. LAND EXCHANGE.
(a) In General.--If the County offers to convey to the Secretary
all right, title, and interest of the County in and to the non-Federal
land, the Secretary shall accept the offer and simultaneously convey to
the County all right, title, and interest of the United States to the
Federal land.
(b) Land Title.--Title to the non-Federal land conveyed to the
Secretary under this Act shall be acceptable to the Secretary and shall
conform to the title approval standards of the Attorney General of the
United States applicable to land acquisitions by the Federal
Government.
(c) Exchange Costs.--The County shall pay for all land survey,
appraisal, and other costs to the Secretary as may be necessary to
process and consummate the exchange under this Act, including
reimbursement to the Secretary, if the Secretary so requests, for staff
time spent in such processing and consummation.
SEC. 4. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged under this
Act shall be determined by the Secretary through appraisals performed
in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and the County.
(b) Equal Value Exchange.--The values of the Federal and non-
Federal land parcels exchanged shall be equal, or if they are not
equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value of
the non-Federal land, the County shall make a cash equalization
payment to the United States as necessary to achieve equal
value, including, if necessary, an amount in excess of that
authorized pursuant to section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act''; 16
U.S.C. 484a); and
(B) made available to the Secretary for the
acquisition of land or interests in land in Region 3 of
the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land exceeds the final
appraised value of the Federal land, the United States shall
not make a cash equalization payment to the County, and surplus
value of the non-Federal land shall be considered a donation by
the County to the United States for all purposes of law.
SEC. 5. WITHDRAWAL PROVISIONS.
Lands acquired by the Secretary under this Act shall, without
further action by the Secretary, be permanently withdrawn from all
forms of appropriation and disposal under the public land laws
(including the mining and mineral leasing laws) and the Geothermal
Steam Act of 1930 (30 U.S.C. 1001 et seq.).
SEC. 6. MANAGEMENT OF LAND.
Land acquired by the Secretary under this Act shall become part of
the Coconino National Forest and be managed in accordance with the
laws, rules, and regulations applicable to the National Forest System.
SEC. 7. MAPS, ESTIMATES, AND DESCRIPTIONS.
(a) Minor Errors.--The Secretary and the County may, by mutual
agreement--
(1) make minor boundary adjustments to the Federal and non-
Federal lands involved in the exchange; and
(2) correct any minor errors in any map, acreage estimate,
or description of any land to be exchanged.
(b) Conflict.--If there is a conflict between a map, an acreage
estimate, or a description of land under this Act, the map shall
control unless the Secretary and the County mutually agree otherwise.
(c) Availability.--The Secretary shall file and make available for
public inspection in the headquarters of the Coconino National Forest a
copy of all maps referred to in this Act.
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Cottonwood Land Exchange Act of 2016 This bill directs the Department of Agriculture (USDA), if Yavapai County in Arizona offers to convey to the USDA 369 acres of specified nonfederal land in the county, to accept the offer and convey to Yavapai County 80 acres of specified federal land within the Coconino National Forest in the county. The USDA shall determine the values of the lands to be exchanged through appraisals following specified requirements. The values shall be equal, or if they are not equal, equalized as prescribed by this bill. Lands acquired by the USDA under this bill shall become part of the Coconino National Forest.
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Condense the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trafficking
Victims Protection Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 101. Authorization of appropriations in support of the Interagency
Task Force to Monitor and Combat
Trafficking.
Sec. 102. Authorization of appropriations to the Secretary of Health
and Human Services.
Sec. 103. Authorization of appropriations to the Secretary of State.
Sec. 104. Authorization of appropriations to the Attorney General.
Sec. 105. Authorization of appropriations to the President.
Sec. 106. Authorization of appropriations to the Secretary of Labor.
Sec. 107. Authorization of appropriations to the Director of the
Federal Bureau of Investigation.
Sec. 108. Authorization of appropriations to the Secretary of Homeland
Security.
Sec. 109. Authorization of appropriations to the Administrator of the
United States Agency for International
Development.
Sec. 110. Effective date; rule of construction.
TITLE II--OTHER PROVISIONS
Sec. 201. Eligibility of juvenile victims of trafficking in persons for
interim assistance.
Sec. 202. Model State legislation to define and prohibit acts relating
to prostitution of children and trafficking
in children.
Sec. 203. Technical and conforming amendments.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE INTERAGENCY
TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 113(a) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(a)) is amended to read as follows:
``(a) Authorization of Appropriations in Support of the Task
Force.--To carry out the purposes of sections 116(f) and 502B(h) of the
Foreign Assistance Act of 1961 (as added by section 104), and sections
105(e), 105(f) and 110, there are authorized to be appropriated to the
Secretary of State $5,500,000 for each of the fiscal years 2008 through
2010. In addition, there are authorized to be appropriated to the
Office to Monitor and Combat Trafficking for official reception and
representation expenses $3,000 for each of the fiscal years 2008
through 2010.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HEALTH
AND HUMAN SERVICES.
(a) Protection and Assistance for Victims of Trafficking in the
United States.--Section 113(b) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7110(b)) is amended to read as follows:
``(b) Authorization of Appropriations to the Secretary of Health
and Human Services.--To carry out the purposes of section 107(b) of
this title, there are authorized to be appropriated to the Secretary of
Health and Human Services $15,000,000 for each of the fiscal years 2008
through 2010.''.
(b) Grant Program To Develop, Expand, and Strengthen Assistance
Programs for Certain Persons Subject to Trafficking.--Section 202(d) of
the Trafficking Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044a(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2008 through 2010
to carry out the activities described in this section.''.
(c) Protection of Juvenile Victims of Trafficking in Persons.--
Section 203(g) of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044b(g)) is amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $5,000,000 for each of the fiscal years 2008 through
2010.''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE.
Section 113(c) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(c)) is amended to read as follows:
``(c) Authorization of Appropriations to the Secretary of State.--
``(1) Bilateral assistance to combat trafficking.--
``(A) Prevention.--To carry out the purposes of
section 106, there are authorized to be appropriated to
the Secretary of State $10,000,000 for each of the
fiscal years 2008 through 2010.
``(B) Protection.--To carry out the purposes of
section 107(a), there are authorized to be appropriated
to the Secretary of State $10,000,000 for each of the
fiscal years 2008 through 2010.
``(C) Prosecution and meeting minimum standards.--
To carry out the purposes of section 134 of the Foreign
Assistance Act of 1961 (as added by section 109), there
are authorized to be appropriated $10,000,000 for each
of the fiscal years 2008 through 2010 to assist in
promoting prosecution of traffickers and otherwise to
assist countries in meeting the minimum standards
described in section 108 of this Act, including
$250,000 for each such fiscal year to carry out
training activities for law enforcement officers,
prosecutors, and members of the judiciary with respect
to trafficking in persons at the International Law
Enforcement Academies.
``(2) Preparation of annual country reports on human
rights.--To carry out the purposes of sections 116(f) and
502B(h) of the Foreign Assistance Act of 1961 (as added by
section 104), there are authorized to be appropriated to the
Secretary of State such sums as may be necessary to include the
additional information required by that section in the annual
Country Reports on Human Rights Practices, including the
preparation and publication of the list described in subsection
(a)(1) of that section.''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS TO THE ATTORNEY GENERAL.
(a) Protection and Assistance for Victims of Trafficking in the
United States; Assistance to Foreign Countries To Meet Minimum
Standards for the Elimination of Trafficking.--Section 113(d) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(d)) is
amended to read as follows:
``(d) Authorization of Appropriations to Attorney General.--To
carry out the purposes of section 107(b), there are authorized to be
appropriated to the Attorney General $15,000,000 for each of the fiscal
years 2008 through 2010. To carry out the purposes of section 134 of
the Foreign Assistance Act of 1961 (as added by section 109), there are
authorized to be appropriated to the President, acting through the
Attorney General and the Secretary of State, $250,000 for each of
fiscal years 2008 through 2010 to carry out training activities for law
enforcement officers, prosecutors, and members of the judiciary with
respect to trafficking in persons at the International Law Enforcement
Academies.''.
(b) Program To Reduce Trafficking in Persons and Demand for
Commercial Sex Acts in the United States.--Section 201(c) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) $2,500,000 for each of the fiscal years 2008 and 2010
to carry out the activities described in subsection
(a)(1)(B)(i) and $2,500,000 for each of the fiscal years 2008
and 2010 to carry out the activities described in subsection
(a)(1)(B)(ii); and
``(2) $1,000,000 for each of the fiscal years 2008 and 2010
to carry out the activities described in subsection (a)(2).''.
(c) Enhancing State and Local Efforts To Combat Trafficking in
Persons.--Section 204(d) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$25,000,000 for each of the fiscal years 2008 through 2010.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS TO THE PRESIDENT.
Section 113(e) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(e)) is amended to read as follows:
``(e) Authorization of Appropriations to President.--
``(1) Foreign victim assistance.--To carry out the purposes
of section 106, there are authorized to be appropriated to the
President $15,000,000 for each of the fiscal years 2008 through
2010.
``(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 134 of the
Foreign Assistance Act of 1961 (as added by section 109), there
are authorized to be appropriated to the President $15,000,000
for each of the fiscal years 2008 through 2010.
``(3) Research.--To carry out the purposes of section 112A,
there are authorized to be appropriated to the President
$300,000 for each of the fiscal years 2008 through 2010.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF LABOR.
Section 113(f) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(f)) is amended to read as follows:
``(f) Authorization of Appropriations to the Secretary of Labor.--
To carry out the purposes of section 107(b), there are authorized to be
appropriated to the Secretary of Labor $10,000,000 for each of the
fiscal years 2008 through 2010.''.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS TO THE DIRECTOR OF THE
FEDERAL BUREAU OF INVESTIGATION.
Section 113(h) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(h)) is amended to read as follows:
``(h) Authorization of Appropriations to Director of the FBI.--
There are authorized to be appropriated to the Director of the Federal
Bureau of Investigation, $15,000,000 for each of the fiscal years 2008
through 2010, to remain available until expended, to investigate severe
forms of trafficking in persons.''.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HOMELAND
SECURITY.
Section 113(i) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7110(i)) is amended to read as follows:
``(i) Authorization of Appropriations to the Secretary of Homeland
Security.--There are authorized to be appropriated to the Secretary of
Homeland Security, $18,000,000 for each of the fiscal years 2008
through 2010, to remain available until expended, for investigations by
the Bureau of Immigration and Customs Enforcement of severe forms of
trafficking in persons.''.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS TO THE ADMINISTRATOR OF THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
Section 102(b)(7) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7105(b)(7) note) is amended to
read as follows:
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of the
United States Agency for International Development to carry out
this subsection $2,500,000 for each of the fiscal years 2008
through 2010.''.
SEC. 110. EFFECTIVE DATE; RULE OF CONSTRUCTION.
(a) Effective Date.--The amendments made by this title take effect
on October 1, 2007, or the date of the enactment of this Act, whichever
occurs later.
(b) Rule of Construction.--The amendments made by this title shall
not be construed to affect the availability of funds appropriated
pursuant to the authorizations of appropriations under the Trafficking
Victims Protection Act of 2000 (division A of Public Law 106-386; 22
U.S.C. 7101 et seq.) and the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164) before the date of the
enactment of this Act.
TITLE II--OTHER PROVISIONS
SEC. 201. ELIGIBILITY OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS FOR
INTERIM ASSISTANCE.
Section 107(b)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(b)(1)) is amended by adding at the end the following
new subparagraph:
``(F) Eligibility of juvenile victims of
trafficking in persons for interim assistance.--
``(i) Determination.--With respect to a
person referred to in subparagraph (C)(ii)(I)
who is seeking assistance under this paragraph,
if credible evidence is presented on behalf of
the person that the person has been subjected
to an act or practice described in section
103(8), the Secretary of Health and Human
Services shall promptly make a determination of
the person's eligibility for assistance under
this paragraph.
``(ii) Exclusive authority.--The Secretary
of Health and Human Services shall have
exclusive authority in making determinations of
eligibility under clause (i).''.
SEC. 202. MODEL STATE LEGISLATION TO DEFINE AND PROHIBIT ACTS RELATING
TO PROSTITUTION OF CHILDREN AND TRAFFICKING IN CHILDREN.
(a) Requirement.--The Attorney General shall prepare model
legislation for use by the States to define and prohibit all acts
relating to prostitution of children and trafficking in children for
the purpose of labor or sexual exploitation.
(b) Availability.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall disseminate the model
legislation prepared pursuant to subsection (a) to appropriate
officials of each State and others, including the chief executive
officer and legislative leaders of each State, and shall post the model
legislation on the Web site of the Department of Justice for a period
of not less than 2 years.
(c) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.
SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Division A of Public Law 106-386.--Sections 103(1) and
105(d)(7) of the Trafficking Victims Protection Act of 2000 (division A
of Public Law 106-386) are each amended by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(b) Public Law 109-164.--Section 102(b)(6) and subsections
(c)(2)(B)(i) and (e)(2) of section 104 of the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164) are each
amended by striking ``Committee on International Relations'' and
inserting ``Committee on Foreign Affairs''.
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Trafficking Victims Protection Reauthorization Act of 2007 - Amends the Trafficking Victims Protection Act of 2000 to authorize trafficking victims-related appropriations for activities of: (1) the Interagency Task Force to Monitor and Combat Trafficking; (2) the Secretary of Health and Human Services; (3) the Secretary of State; (4) the President; (5) the Secretary of Labor; (6) the Director of the Federal Bureau of Investigation; (7) the Secretary of Homeland Security; and (8) the Administrator of the United States Agency for International Development.
Makes juvenile victims of trafficking in persons eligible for interim assistance under such Act.
Directs the Attorney General to prepare model legislation for state use to define and prohibit all acts relating to prostitution of children and trafficking in children for the purpose of labor or sexual exploitation.
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Make a summary of the following text: SECTION 1. REPEAL OF 1993 INCREASES IN HIGHWAY MOTOR FUEL TAXES.
(a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
(b) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
(c) Technical Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the rates of tax under
section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
``during which the rate of tax under section 4081(a)(2)(A)(i)
does not apply''.
(2) Subparagraph (A) of section 4041(a)(1) of such Code is
amended by striking ``or a diesel-powered train'' each place it
appears and by striking ``or train''.
(3) Subparagraph (C) of section 4041(a)(1) of such Code is
amended by striking clause (ii) and by redesignating clause
(iii) as clause (ii).
(4) Subclause (I) of section 4041(a)(1)(C)(ii) of such
Code, as redesignated by paragraph (3), is amended by striking
``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3
cents per gallon'' and inserting ``zero''.
(5) Subsection (a) of section 4041 of such Code is amended
by striking paragraph (3).
(6) Subparagraph (C) of section 4041(b)(1) of such Code is
amended by striking all that follows ``section 6421(e)(2)'' and
inserting a period.
(7) Subparagraph (B) of section 4041(a)(2) of such Code is
amended by striking all that follows clause (i) and inserting
the following new clauses:
``(ii) 10.4 cents per gallon in the case of
liquefied petroleum gas, and
``(iii) 9.1 cents per gallon in the case of
liquefied natural gas.''
(8) Paragraph (3) of section 4041(c) of such Code is
amended to read as follows:
``(3) Termination.--The rate of the taxes imposed by
paragraph (1) shall be zero after September 30, 2007.''
(9) Subsection (d) of section 4041 of such Code is amended
by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Diesel fuel used in trains.--There is hereby imposed
a tax of 0.1 cent per gallon on any liquid other than gasoline
(as defined in section 4083)--
``(A) sold by any person to an owner, lessee, or
other operator of a diesel-powered train for use as a
fuel in such train, or
``(B) used by any person as a fuel in a diesel-
powered train unless there was a taxable sale of such
fuel under subparagraph (A).
No tax shall be imposed by this paragraph on the sale or use of
any liquid if tax was imposed on such liquid under section
4081.''
(10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 7 cents per gallon on and after the
date of the enactment of this clause and before
October 1, 2005, and
``(ii) zero after September 30, 2005,
and''.
(11) Subsection (c) of section 4081 of such Code is amended
by striking paragraph (6) and by redesignating paragraphs (7)
and (8) as paragraphs (6) and (7), respectively.
(12) Paragraph (1) of section 4081(d) of such Code is
amended by striking ``4.3 cents per gallon'' and inserting
``zero''.
(13) Subsection (f) of section 4082 of such Code is amended
by striking ``section 4041(a)(1)'' and inserting ``subsections
(d)(3) and (a)(1) of section 4041, respectively''.
(14) Paragraph (3) of section 4083(a) of such Code is
amended by striking ``or a diesel-powered train''.
(15) Paragraph (3) of section 6421(f) of such Code is
amended to read as follows:
``(3) Gasoline used in trains.--In the case of gasoline
used as a fuel in a train, this section shall not apply with
respect to the Leaking Underground Storage Tank Trust Fund
financing rate under section 4081.''
(16) Subparagraph (A) of section 6427(b)(2) of such Code is
amended by striking ``7.4 cents'' and inserting ``3.1 cents''.
(17) Paragraph (3) of section 6427(l) of such Code is
amended to read as follows:
``(3) Refund of certain taxes on fuel used in diesel-
powered trains.--For purposes of this subsection, the term
`nontaxable use' includes fuel used in a diesel-powered train.
The preceding sentence shall not apply to the tax imposed by
section 4041(d) and the Leaking Underground Storage Tank Trust
Fund financing rate under section 4081 except with respect to
fuel sold for exclusive use by a State or any political
subdivision thereof.''
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(e) Floor Stock Refunds.--
(1) In general.--If--
(A) before the date of the enactment of this Act,
tax has been imposed under section 4081 of the Internal
Revenue Code of 1986 on any liquid, and
(B) on such date such liquid is held by a dealer
and has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event occurred
on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the date of the enactment of this Act, based on a
request submitted to the taxpayer before the date which
is 3 months after such date of enactment, by the dealer
who held the liquid on such date of enactment, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any liquid in retail stocks held at the place where intended to
be sold at retail.
(4) Definitions.--For purposes of this subsection, the
terms ``dealer'' and ``held by a dealer'' have the respective
meanings given to such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection.
|
Amends the Internal Revenue Code to reduce by 4.3 cents the tax on non-aviation gasoline, diesel fuel, and kerosene.
|
billsum_train
|
Create a condensed overview of the following text: SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND
IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN STANDARDS.
Title II of the Goals 2000: Educate America Act (20 U.S.C. 5821 et
seq.) is amended--
(1) by repealing part B (20 U.S.C. 5841 et seq.); and
(2) by redesignating parts C and D (20 U.S.C. 5861 et seq.
and 5871 et seq.) as parts B and C, respectively.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Goals 2000: Educate America Act.--
(1) The table of contents for the Goals 2000: Educate
America Act is amended, in the items relating to title II--
(A) by striking the items relating to part B;
(B) by striking ``Part C'' and inserting ``Part
B''; and
(C) by striking ``Part D'' and inserting ``Part
C''.
(2) Section 2 of such Act (20 U.S.C. 5801) is amended--
(A) in paragraph (4)--
(i) in subparagraph (B), by inserting
``and'' after the semicolon;
(ii) by striking subparagraph (C); and
(iii) by redesignating subparagraph (D) as
subparagraph (C); and
(B) in paragraph (6)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (C) through (E),
respectively.
(3) Section 3(a) of such Act (20 U.S.C. 5802) is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (14) as
paragraphs (7) through (13), respectively.
(4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is
amended by striking ``, voluntary national student
performance'' and all that follows through ``such Council'' and
inserting ``and voluntary national student performance
standards''.
(5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is
amended by striking ``, student performance, or opportunity-to-
learn'' and inserting ``or student performance''.
(6) Section 203 of such Act (20 U.S.C. 5823) is amended--
(A) in subsection (a)--
(i) by striking paragraphs (2) and (3);
(ii) by redesignating paragraphs (4)
through (6) as paragraphs (2) through (4),
respectively; and
(iii) by amending paragraph (2) (as
redesignated by clause (ii)) to read as
follows:
``(2) review voluntary national content standards and
voluntary national student performance standards;''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A), by inserting
``and'' after the semicolon;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C).
(7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is
amended--
(A) by striking ``voluntary national opportunity-
to-learn standards,''; and
(B) by striking ``described in section 213(f)''.
(8) Section 241 of such Act (20 U.S.C. 5871) is amended--
(A) in subsection (a), by striking ``(a) National
Education Goals Panel.--''; and
(B) by striking subsections (b) through (d).
(9) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is
amended--
(A) in subparagraph (A), by adding ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(10) Section 306 of such Act (20 U.S.C. 5886) is amended--
(A) by striking subsection (d); and
(B) in subsection (o), by striking ``State
opportunity-to-learn standards or strategies,''.
(11) Section 308(b)(2) of such Act (20 U.S.C. 5888(b)(2))
is amended--
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ``State opportunity-to-
learn standards,''; and
(B) in subparagraph (A), by striking ``including--
'' and all that follows through ``title II;'' and
inserting ``including through consortia of States;''.
(12) Section 312(b) (20 U.S.C. 5892(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(13) Section 314(a)(6)(A) of such Act (20 U.S.C.
5894(a)(6)(A)) is amended by striking ``certified by the
National Education Standards and Improvement Council and''.
(14) Section 315 of such Act (20 U.S.C. 5895) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(C), by striking ``,
including the requirements for timetables for
opportunity-to-learn standards,'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4),
respectively;
(iv) in paragraph (1)(A), by striking
``paragraph (4) of this subsection'' and
inserting ``paragraph (3)'';
(v) in paragraph (2) (as redesignated by
clause (iii))--
(I) by striking subparagraph (A);
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively; and
(III) in subparagraph (A) (as
redesignated in subclause (II)) by
striking ``, voluntary natural student
performance standards, and voluntary
natural opportunity-to-learn standards
developed under part B of title II of
this Act'' and inserting ``and
voluntary national student performance
standards'';
(vi) in subparagraph (B) of paragraph (3)
(as redesignated by clause (ii)), by striking
``paragraph (5),'' and inserting ``paragraph
(4),''; and
(vii) in paragraph (4) (as redesignated by
clause (ii)), by striking ``paragraph (4)''
each place it appears and inserting ``paragraph
(3)'';
(B) in the matter preceding subparagraph (A) of
subsection (c)(2)--
(i) by striking ``subsection (b)(4)'' and
inserting ``subsection (b)(3)''; and
(ii) by striking ``and to provide a
framework for the implementation of
opportunity-to-learn standards or strategies'';
and
(C) in subsection (f), by striking ``subsection
(b)(4)'' each place it appears and inserting
``subsection (b)(3)''.
(15)(A) Section 316 of such Act (20 U.S.C. 5896) is
repealed.
(B) The table of contents for such Act is amended by
striking the item relating to section 316.
(16) Section 317 of such Act (20 U.S.C. 5897) is amended--
(A) in subsection (d)(4), by striking ``promote the
standards and strategies described in section
306(d),''; and
(B) in subsection (e)--
(i) in paragraph (2), by inserting ``and''
after the semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as
paragraph (3).
(17) Section 503 of such Act (20 U.S.C. 5933) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``28''
and inserting ``27'';
(II) by striking subparagraph (D);
and
(III) by redesignating
subparagraphs (E) through (G) as
subparagraphs (D) through (F),
respectively;
(ii) in paragraphs (2), (3), and (5), by
striking ``subparagraphs (E), (F), and (G)''
each place it appears and inserting
``subparagraphs (D), (E), and (F)'';
(iii) in paragraph (2), by striking
``subparagraph (G)'' and inserting
``subparagraph (F)'';
(iv) in paragraph (4), by striking ``(C),
and (D)'' and inserting ``and (C)''; and
(v) in the matter preceding subparagraph
(A) of paragraph (5), by striking
``subparagraph (E), (F), or (G)'' and inserting
``subparagraph (D), (E), or (F)''; and
(B) in subsection (c)--
(i) in paragraph (1)(B), by striking
``subparagraph (E)'' and inserting
``subparagraph (D)''; and
(ii) in paragraph (2), by striking
``subparagraphs (E), (F), and (G)'' and
inserting ``subparagraphs (D), (E), and (F)''.
(18) Section 504 of such Act (20 U.S.C. 5934) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(b) Elementary and Secondary Education Act of 1965.--
(1) Section 1111 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311) is amended--
(A) in subsection (b)(8)(B), by striking ``(which
may include opportunity-to-learn standards or
strategies developed under the Goals 2000: Educate
America Act)'';
(B) in subsection (f), by striking ``opportunity-
to-learn standards or strategies,'';
(C) by striking subsection (g); and
(D) by redesignating subsection (h) as subsection
(g).
(2) Section 1116 of such Act (20 U.S.C. 6317) is amended--
(A) in subsection (c)--
(i) in paragraph (2)(A)(i), by striking all
beginning with ``, which may'' through ``Act'';
and
(ii) in paragraph (5)(B)(i)--
(I) in subclause (VI), by inserting
``and'' after the semicolon;
(II) in subclause (VII), by
striking ``; and'' and inserting a
period; and
(III) by striking subclause (VIII);
and
(B) in subsection (d)--
(i) in paragraph (4)(B), by striking all
beginning with ``, and may'' through ``Act'';
and
(ii) in paragraph (6)(B)(i)--
(I) by striking subclause (IV); and
(II) by redesignating subclauses
(V) through (VIII) as subclauses (IV)
through (VII), respectively.
(3) Section 1501(a)(2)(B) of such Act (20 U.S.C.
6491(a)(2)(B)) is amended--
(A) by striking clause (v); and
(B) by redesignating clauses (vi) through (x) as
clauses (v) through (ix), respectively.
(4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C.
8001(b)(1)(A)(i)) is amended by striking ``and opportunity-to-
learn standards or strategies for student learning''.
(5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C.
8941(b)(1)(B)(v)) is amended by striking ``the National
Education Goals Panel,'' and all that follows through
``assessments)'' and inserting ``and the National Education
Goals Panel''.
(c) General Education Provisions Act.--Section 428 of the General
Education Provisions Act (20 U.S.C. 1228b), as amended by section 237
of the Improving America's Schools Act of 1994 (Public Law 103-382) is
amended by striking ``the National Education Standards and Improvement
Council,''.
(d) Education Amendments of 1978.--Section 1121(b) of the Education
Amendments of 1978 (25 U.S.C. 2001(b)), as amended by section 381 of
the Improving America's Schools Act of 1994 (Public Law 103-382) is
amended by striking ``213(a)'' and inserting ``203(a)(2)''.
|
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council).
Eliminates the requirement that the National Education Goals Panel review and approve model or national content standards, national student performance standards, or national opportunity-to-learn standards. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants.
Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
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billsum_train
|
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Domestic Employment
Reform Act of -1-9-9-3 1994''.
SEC. 2. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC SERVICES.
(a) Threshold Requirement for Social Security Taxes.--
(1) Amendments of internal revenue code.--
(A) General rule.--Subparagraph (B) of section
3121(a)(7) of the Internal Revenue Code of 1986
(defining wages) is amended to read as follows:
``(B) cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a
private home of the employer (-o-t-h-e-r -t-h-a-n
-s-e-r-v-i-c-e including domestic service described in
subsection (g)(5)), if the cash remuneration paid in
such year by the employer to the employee for such
service is less than the applicable dollar threshold
(as defined in subsection (-y x)) for such year;''.
(B) Applicable dollar threshold.--Section 3121 of
such Code is amended by adding at the end thereof the
following new subsection:
``(-y x) Applicable Dollar Threshold.--For purposes of subsection
(a)(7)(B), the term `applicable dollar threshold' means the amount
required for a quarter of coverage as determined under section
213(d)(2) of the Social Security Act for calendar year -1-9-9-4 1995.
In the case of calendar years after -1-9-9-4 1995, the Secretary of
Health and Human Services shall adjust such amount at the same time and
in the same manner as the amount under section 213(d)(2) of the Social
Security Act, except that such adjustment shall not take effect in any
year in which the otherwise adjusted amount does not exceed the amount
in effect under this subsection for the preceding calendar year by at
least $50.''
(C) Employment of domestic employees under age 18
excluded from coverage.--Section 3121(b) of such Code
(defining employment) is amended--
(i) by striking ``or'' at the end of
paragraph (19),
(ii) by striking the period at the end of
paragraph (20) and inserting ``; or'', and
(iii) by adding at the end the following
new paragraph:
``(21) domestic service in a private home of the employer
performed in any year by an individual under the age of 18
during any portion of such year.''.
(D) Conforming amendments.--The second sentence of
section 3102(a) of such Code is amended--
(i) by striking ``calendar quarter'' each
place it appears and inserting ``calendar
year'', and
(ii) by striking ``$50'' and inserting
``the applicable dollar threshold (as defined
in section 3121(-y x)) for such year''.
(2) Amendment of social security act.--
(A) General rule.--Subparagraph (B) of section
209(a)(6) of the Social Security Act (42 U.S.C.
409(a)(6)(B)) is amended to read as follows:
``(B) Cash remuneration paid by an employer in any calendar
year to an employee for domestic service in a private home of
the employer (-o-t-h-e-r -t-h-a-n -s-e-r-v-i-c-e including
domestic service described in -s-u-b-s-e-c-t-i-o-n -(-g-)-(-5-)
section 210(f)(5)), if the cash remuneration paid in such year
by the employer to the employee for such service is less than
the applicable dollar threshold (as defined in section 3121(-y
x) of the Internal Revenue Code of 1986) for such year;''.
(B) Employment of domestic employees under age 18
excluded from coverage.--Section 210(a) of such Act (42
U.S.C. 410(a)) is amended--
(i) by striking ``or'' at the end of
paragraph (19),
(ii) by striking the period at the end of
paragraph (20) and inserting ``; or'', and
(iii) by adding at the end the following
new paragraph:
``(21) -d-o-m-e-s-t-i-c Domestic service in a private home
of the employer performed in any year by an individual under
the age of 18 during any portion of such year.''.
-(-3-) -E-f-f-e-c-t-i-v-e -d-a-t-e-.----T-h-e
-a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -t-h-i-s
-s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -a-p-p-l-y -t-o
-r-e-m-u-n-e-r-a-t-i-o-n -p-a-i-d -i-n -c-a-l-e-n-d-a-r
-y-e-a-r-s -b-e-g-i-n-n-i-n-g -a-f-t-e-r -D-e-c-e-m-b-e-r
-3-1-, -1-9-9-3-.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to remuneration paid in calendar years beginning after
December 31, 1994.
(B) Excluded employment.--The amendments made by
paragraphs (1)(C) and (2)(B) shall apply to services
performed after December 31, 1994.
(b) Coordination of Collection of Domestic Service Employment With
Collection of Income Taxes.--
(1) In general.--Chapter 25 of the Internal Revenue Code of
1986 (relating to general provisions relating to employment
taxes) is amended by adding at the end thereof the following
new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the 15th day of the 4th month following the close
of the employer's taxable year which begins in such calendar
year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Special rule where taxes are paid on or before april
15.--If, on or before the date described in subsection (a)(2)
or, if earlier, the date the return is filed, the employer pays
in full the domestic service employment taxes computed on such
return as payable for any calendar year, then no addition to
tax shall be imposed under section 6654(a) with respect to any
underpayment of any required installment of such taxes for the
taxable year beginning in such calendar year.
``(3) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(4) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in -1-9-9-4 1995, the amount
referred to in clause (ii) of section 6654(d)(1)(B) shall be
increased by 90 percent of the amount treated as tax under
paragraph (1) for such preceding taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' -d-o-e-s -n-o-t -i-n-c-l-u-d-e
-s-e-r-v-i-c-e includes domestic service described in section
3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
``(e) General Regulatory Authority.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry out the
purposes of this section. Such regulations may treat domestic service
employment taxes as taxes imposed by chapter 1 for purposes of
coordinating the assessment and collection of such employment taxes
with the assessment and collection of domestic employers' income taxes.
``(f) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(2) Clerical amendment.--The table of sections for chapter
25 of such Code is amended by adding at the end thereof the
following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(3) Effective date.--The amendments made by this subsection
shall apply to remuneration paid in calendar years beginning
after December 31, -1-9-9-3 1994.
(4) Expanded information to employers.--The Secretary of
the Treasury or his delegate shall prepare and make available
information on the Federal tax obligations of employers with
respect to employees performing domestic service in a private
home of the employer. Such information shall also include a
statement that such employers may have obligations with respect
to such employees under State laws relating to unemployment
insurance and workers compensation.
SEC. 3. ADDITIONAL DEBT COLLECTION PRACTICES.
(a) In General.--Section 204 of the Social Security Act (42 U.S.C.
404) is amended by adding at the end the following new subsection:
``(f)(1) With respect to any delinquent amount, the Secretary may
use the collection practices described in sections 3711(f), 3716, and
3718 of title 31, United States Code, as in effect on April 1, 1994.
``(2) For purposes of paragraph (1), the term `delinquent amount'
means an amount--
``(A) in excess of the correct amount of payment under this
title;
``(B) paid to a person after such person has attained 18
years of age; and
``(C) determined by the Secretary, under regulations, to be
otherwise unrecoverable under this section after such person
ceases to be a beneficiary under this title.''.
(b) Conforming Amendment.--Section 3701(d) of title 31, United
States Code, is amended by inserting ``, except to the extent provided
under section 204(f) of such Act (42 U.S.C. 404(f)),'' after ``the
Social Security Act (42 U.S.C. 301 et seq.)''.
(c) Effective Date.--The amendments made by this section shall
apply to collection activities begun on or after the date of the
enactment of this Act and before October 1, 1999.
SEC. 4. PROHIBITION ON PAYMENT OF BENEFITS TO CERTAIN INDIVIDUALS
CONFINED BY COURT ORDER TO PUBLIC INSTITUTIONS.
(a) In General.--Section 202(x)(1) of the Social Security Act (42
U.S.C. 402(x)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'', and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding any other provision of this title, no monthly
benefits shall be paid under this section or under section 223 to any
individual for any month during which such individual is confined in
any public institution by a court order pursuant to a verdict or
finding that the individual is--
``(i) guilty of an offense described in subparagraph (A),
but insane (or having a similar condition, such as a mental
disease, a mental defect, or mental incompetence); or
``(ii) not guilty of such an offense by reason of insanity
(or by reason of a similar finding, such as a mental disease, a
mental defect, or mental incompetence).''.
(b) Conforming Amendments.--
(1) Section 202(x)(3) of the Social Security Act (42 U.S.C.
402(x)(3)) is amended by striking ``any individual'' and all
that follows and inserting ``any individual confined as
described in paragraph (1) if the jail, prison, penal
institution, correctional facility, or other public institution
to which such individual is so confined is under the
jurisdiction of such agency and the Secretary requires such
information to carry out the provisions of this section.''.
(2) The heading for section 202(x) of such Act is amended
by inserting ``and Certain Other Inmates of Public
Institutions'' after ``Prisoners''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months commencing after 90 days
after the date of the enactment of this Act.
SEC. 5. NURSING HOMES REQUIRED TO REPORT ADMISSIONS OF SSI RECIPIENTS.
(a) In General.--Section 1631(e)(1) (42 U.S.C. 1383(e)(1)) is
amended by adding at the end the following new subparagraph:
``(C) For purposes of making determinations under section 1611(e),
the requirements prescribed by the Secretary pursuant to subparagraph
(A) shall require each administrator of a nursing home, extended care
facility, or intermediate care facility to report to the Secretary of
the admission of any eligible individual or eligible spouse receiving
benefits under this title within 2 weeks of such admission.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to admissions occurring on or after October 1, 1995.
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Social Security Domestic Employment Reform Act of 1994 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to change the threshold (currently, $50 a quarter) at which cash remuneration for domestic services becomes subject to social security employment taxes to an applicable dollar amount required for a quarter of coverage under title II. Excludes the employment of domestic employees under age 18 from such coverage.
Sets forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis.
Exempts such taxes from estimated tax provisions.
Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home.
Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfer such amounts to a State's account in the Unemployment Trust Fund.
Authorizes the Social Security Administration to use certain debt collection practices available to other Federal agencies.
Prohibits the payment of OASDI benefits to certain individuals confined to public institutions by court order as a result of felony verdicts of guilty but insane (or mentally incompetent) or not guilty by reason of insanity (or mental incompetence).
Requires nursing home administrators to timely report the admission of any social security recipient to the Social Security Administration.
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Summarize the following text: SECTION 1. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Section 917(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17337(a)) is amended--
(1) in paragraph (1), by striking ``renewable'' and
inserting ``covered'';
(2) in paragraph (4)--
(A) by striking ``possible many'' and inserting
``possible--
``(A) many'';
(B) by inserting ``and'' after the semicolon at the
end; and
(C) by adding at the end the following:
``(B) significant contributions to the development
of renewable energy and energy efficiency through the
established programs of the United States-Israel
Binational Industrial Research and Development
Foundation and the United States-Israel Binational
Science Foundation;'';
(3) in paragraph (6)--
(A) by striking ``renewable'' and inserting
``covered''; and
(B) by striking ``and'' after the semicolon at the
end;
(4) in paragraph (7)--
(A) by striking ``renewable'' and inserting
``covered''; and
(B) by striking the period at the end and inserting
a semicolon; and
(5) by adding at the end the following:
``(8) United States-Israel energy cooperation, and the
development of natural resources by Israel, are strategic
interests of the United States;
``(9) Israel is a strategic partner of the United States in
water technology;
``(10) the United States can play a role in assisting
Israel with regional safety and security issues;
``(11) the National Science Foundation of the United States
should collaborate with the Israel Science Foundation;
``(12) the United States and Israel should strive to
develop more robust academic cooperation in energy innovation
technology and engineering, water science, technology transfer,
and analysis of geopolitical implications of new natural
resource development and associated areas;
``(13) the United States supports the goals of the
Alternative Fuels Administration of Israel;
``(14) the United States strongly urges open dialogue and
continued mechanisms for regular engagement and encourages
further cooperation between applicable departments, agencies,
ministries, institutions of higher education, and the private
sectors of the United States and Israel on energy security
issues, including--
``(A) identifying policy priorities associated with
the development of natural resources of Israel;
``(B) discussing best practices to secure cyber
energy infrastructure;
``(C) best practice sharing;
``(D) leveraging natural gas to positively impact
regional stability;
``(E) improving energy efficiency and the overall
performance of water desalination, wastewater treatment
and reclamation, and other water treatment
technologies;
``(F) technical and environmental management of
deep-water exploration and production;
``(G) coastal protection and restoration;
``(H) academic outreach and engagement;
``(I) private sector and business development
engagement;
``(J) regulatory consultations;
``(K) leveraging alternative transportation fuels
and technologies; and
``(L) any other areas determined appropriate by the
United States and Israel;
``(15) the United States acknowledges the achievements and
importance of the United States-Israel Binational Industrial
Research and Development Foundation and the United States-
Israel Binational Science Foundation and supports continued
multiyear funding to ensure the continuity of the programs of
the Foundations; and
``(16) the United States and Israel have a shared interest
in addressing their immediate, near-term, and long-term energy
and environmental challenges.''.
(b) Establishment.--Section 917(b)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17337(b)(1)) is amended by striking
``to support research, development, and commercialization of renewable
energy or energy efficiency'' and inserting ``to support energy
efficiency, established energy development programs, and research,
development, and commercialization of covered energy''.
(c) Types of Energy.--Section 917(b)(2) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17337(b)(2)) is amended--
(1) in the heading, by striking ``Types of'' and inserting
``Covered'';
(2) in subparagraph (F), by striking ``and'' after the
semicolon at the end;
(3) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(H) natural gas energy, including conventional
and unconventional natural gas technologies and natural
gas projects conducted by or in conjunction with the
United States-Israel Binational Science Foundation, the
United States-Israel Binational Industrial Research and
Development Foundation, and the United States-Israel
Science and Technology Foundation; and
``(I) improvement of energy efficiency and the
overall performance of water desalination, wastewater
treatment and reclamation, and other water treatment
technologies.''.
(d) Eligible Applicants.--Section 917(b)(3) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337(b)(3)) is
amended by striking ``energy efficiency or renewable'' and inserting
``covered''.
(e) Authorization of Appropriations; International Partnerships.--
Section 917 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17337) is amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) International Partnerships.--
``(1) In general.--The Secretary may, subject to the
availability of appropriations, enter into cooperative
agreements supporting and enhancing dialogue and planning
involving international partnerships between the Department and
the Government of Israel and its ministries, offices, and
institutions. The cooperative agreements shall include energy
activities in addition to those involving research and
development, and shall ensure that the shared technologies and
other benefits of energy cooperation promote the domestic
energy production of both nations.
``(2) Federal share.--The Secretary may not pay more than
50 percent of the costs described in paragraph (1).
``(3) Annual reports.--The Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an annual report that describes--
``(A) actions taken to carry out this subsection;
and
``(B) any projects under this subsection for which
the Secretary requests funding.
``(d) United States-Israel Center.--The Secretary may establish a
joint United States-Israel Center based in an area of the United States
with the experience, knowledge, and expertise in offshore energy
development to further dialogue and collaboration to develop energy
efficiency, existing energy development programs, and more robust
academic cooperation in energy innovation technology and engineering,
water science, technology transfer, and analysis of geopolitical
implications of new natural resource development and associated
areas.''.
(f) Termination.--Subsection (e) of section 917 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337) (as
redesignated by subsection (d)(2)) is amended by striking ``the date
that is 7 years after the date of enactment of this Act'' and inserting
``September 30, 2024''.
SEC. 2. UNITED STATES-ISRAEL ENERGY COOPERATION WORKING GROUP.
(a) Sense of Congress.--It is the sense of Congress that open
dialogue and continued mechanisms for regular engagement encourages
further cooperation between applicable departments, agencies,
ministries, institutions of higher education, and the private sectors
of the United States and Israel on energy security issues.
(b) Establishment.--The Secretary of Energy and the Secretary of
State shall seek to establish an Energy Cooperation Working Group
within the semi-annual United States-Israel Strategic Dialogue.
(c) Purpose.--The purpose of the Energy Cooperation Working Group
referred to in subsection (b) shall be to strengthen dialogue between
the United States and Israel on--
(1) strategies to advance the deployment of renewable
energy and energy efficiency;
(2) identifying policy priorities associated with the
development of the natural resources of Israel;
(3) best practices for energy infrastructure cybersecurity;
(4) leveraging natural gas resources to positively impact
regional stability;
(5) technical and environmental management of deep-water
exploration and production; and
(6) coastal protection and restoration.
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. (Sec. 1) Amends the Energy Independence and Security Act of 2007 to authorize the Secretary of Energy to: (1) enter into cooperative agreements supporting dialogue and planning involving international partnerships between the Department of Energy (DOE), including DOE National Laboratories, and the government of Israel and its ministries, offices, and institutions; and (2) establish a joint United States-Israel Center based in an area of the United States with offshore energy development expertise to develop academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development. Extends the grant program to support U.S.-Israel research, development, and commercialization of renewable energy or energy efficiency (as well as the related advisory committee) through September 30, 2024. Expands the scope of covered program energy to include natural gas energy, water desalination improvement, and other water treatment technologies. (Sec. 2) Expresses the sense of Congress that open dialogue and continued mechanisms for regular engagement encourages further U.S.-Israel public, academic, and private cooperation on energy security issues. Directs the Secretary of Energy and the Secretary of State to seek to establish an Energy Cooperation Working Group within the semi-annual United States-Israel Strategic Dialogue. States that the Group's purpose shall be to strengthen U.S.-Israel dialogue on: (1) advancing research, development, and deployment of renewable energy and energy efficiency; (2) identifying policy priorities associated with Israel's natural resources development; (3) identifying best practices for energy infrastructure cybersecurity; (4) leveraging natural gas resources to impact regional stability positively; (5) developing technical and environmental management of deep-water exploration and production; and (6) implementing coastal protection and restoration.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Academic Research
Efforts for Tourette Syndrome Act of 2015''.
SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO
TOURETTE SYNDROME.
Part B of title IV of the Public Health Service Act is amended by
inserting after section 409J (42 U.S.C. 284q) the following:
``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES
WITH RESPECT TO TOURETTE SYNDROME.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall expand, intensify, and coordinate the programs and
activities of the National Institutes of Health with respect to
scientific and clinical research on Tourette syndrome.
``(b) Data Collection.--
``(1) System.--In carrying out subsection (a), the
Secretary shall develop a system to collect data on Tourette
syndrome, including epidemiologic information with respect to
the incidence, prevalence, and impact of Tourette syndrome in
the United States.
``(2) Broad and narrow definitions.--The data collection
system under paragraph (1) shall provide for the collection of
primary data on Tourette syndrome, including related data on
the various conditions known to be comorbid with Tourette
syndrome.
``(3) Collection by population and geographical region.--
The data collection system under paragraph (1) shall provide
for the collection of data on the availability of medical and
social services for individuals with Tourette syndrome and
their families and the disaggregation of such data by
population and geographical region.
``(c) Collaborative Research Centers for Tourette Syndrome.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall award grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for Collaborative Research Centers for
Tourette Syndrome.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into Tourette syndrome.
Such research should include investigations into the cause,
diagnosis, early detection, prevention, control, and treatment
of Tourette syndrome. The research conducted by such centers,
as a group, shall include research in the fields of
developmental neurobiology, neuroscience, genetics, psychology,
and pharmacology.
``(3) Services for patients.--
``(A) In general.--A center under paragraph (1) may
expend amounts provided under such paragraph to carry
out a program to make individuals aware of
opportunities to participate as subjects in research
conducted by the centers.
``(B) Referral and costs.--A program under
subparagraph (A) may, in accordance with such criteria
as the Secretary may establish, provide to the subjects
described in such subparagraph, referrals for health
and other services, and such patient care costs as are
required for research.
``(C) Availability and access.--The extent to which
a center can demonstrate availability and access to
clinical services shall be considered by the Secretary
in decisions about awarding grants and contracts to
applicants which meet the scientific criteria for
funding under this subsection.
``(4) Organization of collaborative research centers for
tourette syndrome.--
``(A) In general.--A center under paragraph (1)
may--
``(i) use the facilities of a single
institution; or
``(ii) be formed from a consortium of
cooperating institutions and patient advocacy
groups in order to maximize the scope of the
center's services and geographic coverage.
``(B) Eligibility requirements.--To be eligible to
make facilities so available (as described in
subparagraph (A)(i)) or participate in such a
consortium (as described in subparagraph (A)(ii)), an
institution or group shall meet such requirements as
the Secretary may prescribe.
``(5) Number of centers; duration of support.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall provide for the
establishment of not fewer than 4 and not more than 6
centers under paragraph (1).
``(B) Geographical distribution.--The Secretary
shall--
``(i) ensure that each of the centers
established under paragraph (1) is located in a
different region of the United States than the
other such centers; and
``(ii) encourage the formation of such
centers from a consortium of entities (as
described in paragraph (4)(A)(ii)) covering
multiple regions or States.
``(C) Duration.--Support for a center established
under paragraph (1) may be provided under this section
for a period of not to exceed 5 years. Such period may
be extended for one or more additional periods not
exceeding 5 years if the operations of such center have
been reviewed and approved by an appropriate technical
and scientific peer review group established by the
Secretary and if such group has recommended to the
Secretary that such period should be extended.
``(d) Research on Symptomology and Treatment.--In carrying out
subsection (a), the Secretary shall award grants on a competitive,
peer-reviewed basis for research on--
``(1) the full range of symptomology within the Tourette
syndrome clinical spectrum; and
``(2) the efficacy of treatment options for particular
patient subpopulations.
``(e) Funding.--Of the amounts made available to carry out the
programs and activities of the National Institutes of Health for a
fiscal year, the Secretary shall designate a portion of such amounts
for carrying out the programs and activities of the National Institutes
of Health with respect to Tourette syndrome.''.
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Collaborative Academic Research Efforts for Tourette Syndrome Act of 2015 Amends the Public Health Service Act to require the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. Requires the NIH to develop a system to collect data on Tourette syndrome, including epidemiological information, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the NIH to award grants and contracts to public or nonprofit private entities to support four to six Collaborative Research Centers for Tourette Syndrome in different regions to conduct basic and clinical research on Tourette syndrome. Requires the NIH to award grants for research on the full range of symptoms within the Tourette syndrome clinical spectrum and the efficacy of treatment options for particular patient subpopulations. Requires the NIH to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Access to Speedy
Transmissions for Networks, E-commerce, and Telecommunications Act'' or
the ``FASTNET Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the rapid deployment of advanced telecommunications and
information technologies and services to all Americans by
promoting competition and reducing regulation in
telecommunications markets nationwide.
(2) The Telecommunications Act of 1996 specifically
recognized the unique abilities and circumstances of local
exchange carriers with fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.
(3) Given the markets two percent carriers typically serve,
such carriers are uniquely positioned to accelerate the
deployment of advanced services and competitive initiatives for
the benefit of consumers in less densely populated regions of
the Nation.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on two percent carriers, impeding such
carriers' deployment of advanced telecommunications services
and competitive initiatives to consumers in less densely
populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers
will enable such carriers to devote additional resources to the
deployment of advanced services and to competitive initiatives
to benefit consumers in less densely populated regions of the
Nation.
(6) Reducing regulatory burdens on two percent carriers
will increase such carriers' ability to respond to marketplace
conditions, allowing them to accelerate deployment of advanced
services and competitive initiatives to benefit consumers in
less densely populated regions of the Nation.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate the deployment of advanced services and
the development of competition in the telecommunications
industry for the benefit of consumers in all regions of the
Nation, consistent with the Telecommunications Act of 1996, by
reducing regulatory burdens on local exchange carriers with
fewer than two percent of the Nation's subscriber lines
installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such
initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.
SEC. 3. DEFINITION.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended by adding at the end thereof the following:
``(53) Two percent carrier.--The term `two percent carrier'
means a local exchange carrier with fewer than two percent of
the Nation's subscriber lines installed in the aggregate
nationwide, within the meaning of section 251(f)(2) and that
meets the requirements of section 251(h).''.
SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.
Title II of the Communications Act of 1934 is amended by adding at
the end thereof a new Part IV as follows:
``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS
``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.
``(a) Commission To Take Into Account Differences.--In adopting
rules that apply to incumbent local exchange carriers, the Commission
shall adopt separate and less burdensome regulatory, compliance, or
reporting requirements, or exemptions from such requirements, or both,
for two percent carriers that take into account the more limited
resources available to such carriers and the greater burden such rules
impose on such carriers and their customers.
``(b) Effect of Reconsideration or Waiver.--If the Commission
adopts a rule that applies to incumbent local exchange carriers and
does not adopt such separate and less burdensome regulatory,
compliance, or reporting requirements, or exemptions from such
requirements, for two percent carriers and if a two percent carrier or
carriers seek a waiver or reconsideration of the rule as adopted in
accordance with the Commission's rules, the Commission shall not
enforce the rule against such carrier or carriers unless and until the
Commission adopts separate and less burdensome requirements or
exemptions in accordance with subsection (a).
``(c) Additional Regulation Not Required.--Nothing in this section
shall be construed to require the Commission to adopt regulatory,
compliance, or reporting requirements of any kind for two percent
carriers where none currently exist. Nothing in this section shall be
construed to require any additional regulation to be imposed on
commercial mobile radio service.
``(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, the Regulatory Flexibility Act, the Commission's rules, or
any other provision of law.
``(e) Effective Date.--The provisions of this section shall apply
with respect to any rule adopted on or after the date of enactment of
this section.
``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
``The Commission shall not require a two percent carrier--
``(1) to file cost allocation manuals or to have audited or
attested such manuals; or
``(2) to file Automated Reporting and Management
Information Systems (ARMIS).
``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.
``The Commission shall not adopt or enforce any regulation the
purpose or effect of which is to impair the ability of a two percent
carrier to integrate its operations in one or more entities, at its
discretion. Such operations may include the provision of common carrier
and noncommon carrier services, including local and interexchange
services, commercial mobile radio services, advanced services within
the meaning of section 706 of the Telecommunications Act of 1996,
paging, Internet, information or other enhanced services, or other
services. The Commission shall not require companies to which this
paragraph applies to maintain separate officers, directors, or other
personnel, network facilities, buildings, research and development
departments, books of account, financing, marketing, provisioning, or
other operations.
``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.
``(a) NECA Pool.--The participation or withdrawal from
participation by a two percent carrier of one or more study areas in
the common line tariff administered and filed by the National Exchange
Carrier Association or any successor tariff or administrator shall not
obligate such carrier to participate or withdraw from participation in
such tariff for any other study area.
``(b) Price Cap Regulation.--A two percent carrier may elect to be
regulated by the Commission under price cap rate regulation, or elect
to withdraw from such regulation, for one or more of its study areas at
any time. The Commission shall not require a carrier making an election
under this paragraph with respect to any study area or areas to make
the same election for any other study area.
``SEC. 285. REVIEW OF MERGERS.
``Except as required by section 310(f), the Commission shall have
no authority to approve, disapprove, delay, condition, or modify the
terms of any merger between two percent carriers or their affiliates,
or any acquisition, directly or indirectly, by a two percent carrier or
its affiliate of the securities or assets of another two percent
carrier or its affiliate, if after the merger, the resulting entry
would still be a two percent carrier.
``SEC. 286. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.
``Two percent carriers shall be permitted to introduce new
interstate telecommunications services by filing a tariff on one day's
notice showing the charges, classifications, regulations and practices
therefor, without obtaining a waiver, or make any other showing before
the Commission in advance of the tariff filing. The Commission shall
not have authority to approve or disapprove the rate structure for such
services shown in such tariff.
``SEC. 287. ENTRY OF COMPETING CARRIER.
``(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to deaverage its
interstate switched or special access rates, file tariffs on one day's
notice and file contract-based tariffs for interstate switched or
special access services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such carrier has
engaged in facilities-based entry or resale-based entry within such
carrier's service area.
``(b) Pricing Deregulation.--Notwithstanding any other provision of
this Act, the Commission shall have no authority to regulate the rates
for interstate services provided by a two percent carrier immediately
upon certifying to the Commission by such carrier that a local exchange
carrier that is not a two percent carrier has engaged in facilities-
based entry within such two percent carrier's service area.
``(c) Participation in Exchange Carrier Association Tariff.--A two
percent carrier that meets the requirements of subsection (a) or (b) of
this section with respect to one or more study areas shall be permitted
to participate in the common line tariff administered and filed by the
National Exchange Carrier Association or any successor tariff or
administrator, by electing to include one or more of its study areas in
such tariff.
``(d) Definitions.--For purposes of this section:
``(1) Facilities-based entry.--The term `facilities-based
entry' means, within the service area of a two percent
carrier--
``(A) the provision or procurement of local
telephone exchange switching capability; and
``(B) the provision of local exchange service to at
least one unaffiliated customer.
``(2) Resale-based entry.--The term `resale-based entry'
means, within the service area of a two percent carrier, the
provision of telecommunications service using resale offered
under section 251(c).
``(3) Contract-based tariff.--The term `contract-based
tariff' shall mean a tariff based on a service contract entered
into between a two percent carrier and one or more customers of
such carrier. Such tariff shall include--
``(A) the term of the contract, including any
renewal options;
``(B) a brief description of each of the services
provided under the contract;
``(C) minimum volume commitments for each service,
if any;
``(D) the contract price for each service or
services at the volume levels committed to by the
customer or customers;
``(E) a brief description of any volume discounts
built into the contract rate structure; and
``(F) a general description of any other
classifications, practices, and regulations affecting
the contract rate.
``(4) Service area.--The term `service area' has the same
meaning as in section 214(e)(5).
``SEC. 288. SAVINGS PROVISION.
``Nothing in this part shall be construed to diminish the rights of
rural telephone companies otherwise accorded by this Act, or the rules,
policies, procedures, guidelines, and standards of the Commission as of
the date of enactment of this section.''.
SEC. 5. LIMITATION ON MERGER REVIEW.
(a) Amendment.--Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following:
``(f) Deadline for Making Public Interest Determination.--
``(1) Time limit.--In connection with any merger between
two percent carriers, or the acquisition, directly or
indirectly, by a two percent carrier or its affiliate of the
securities or assets of another two percent carrier or its
affiliate, the Commission shall make the determination required
by subsection (d) of this section not later than 45 days after
the date the application is submitted to the Commission.
``(2) Approval absent action.--If the Commission does not
approve or deny an application as described in paragraph (1) by
the end of the period specified, the application shall be
deemed approved on the day after the end of such period. Any
such application deemed approved under this subsection shall be
deemed approved without conditions.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any application that is submitted to the Commission on
or after the date of enactment of this Act. Applications pending with
the Commission on the date of enactment of this Act shall be subject to
the requirements of this section as if they had been filed with the
Commission on the date of enactment of this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
(a) Amendment.--Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding to the end the following:
``(c) Expedited Action Required.--
``(1) Time limit.--Within 90 days after receiving from a
two percent carrier a petition for reconsideration filed under
this section or a petition for waiver of a rule, policy, or
other Commission requirement, the Commission shall issue an
order granting or denying such petition. If the Commission
fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the
relief sought in such petition shall be deemed granted. If the
Commission fails to act on a petition for reconsideration
subject to the requirements of this section within this 90 day
period, the Commission's enforcement of any rule the
reconsideration of which was specifically sought by the
petitioning party shall be stayed with respect to that party
until the Commission issues an order granting or denying such
petition.
``(2) Finality of action.--Any order issued under paragraph
(1), or any grant of a petition for waiver that is deemed to
occur as a result of the Commission's failure to act under
paragraph (1), shall be a final order and may be appealed.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any petition for reconsideration or petition for waiver
that is submitted to the Commission on or after the date of enactment
of this Act. Pending petitions for reconsideration or petitions for
waiver shall be subject to the requirements of this section as if they
had been filed on the date of enactment of this Act.
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Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to adopt separate and less burdensome rules and requirements for two percent carriers which take into account the more limited resources available to such carriers and the greater burden such rules impose on such carriers and their customers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not impose less burdensome rules and requirements upon such carriers.
Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information Systems.
Prohibits the FCC from adopting or enforcing any regulation which impairs the ability of a two percent carrier to integrate its operations in one or more entities, at its discretion.
States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time.
Prohibits the FCC from reviewing any mergers or acquisitions between two percent carriers or their affiliates.
Permits two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing.
Allows any two percent carrier to de-average its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities- or resale-based entry within such carrier's service area. Prohibits the FCC from regulating the rates charged by a two percent carrier after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff.
Requires the FCC to determine: (1) within 45 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commuter Bill of Rights Act of
2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act the following definitions apply:
(1) Eligible recipient.--The term ``eligible recipient''
means a provider of public transportation.
(2) Public transportation.--The term ``public
transportation'' means transportation by a conveyance that
provides regular and continuing general or special
transportation to the public, but does not include schoolbus,
charter, sightseeing, or intercity bus transportation or
intercity passenger rail transportation provided by the entity
described in chapter 243 (or a successor to such entity).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Commuter Transit Rights Commission'' (hereinafter
in this Act referred to as the ``Commission'').
(b) Duties of the Commission.--The duties of the Commission shall
be--
(1) to evaluate current Federal rules and regulations on
commuter safety in emergency situations that govern transit
providers;
(2) to evaluate contingency plans that transit providers
use across the United States and identify best practices; and
(3) to make recommendations to the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
pursuant to subsection (h).
(c) Membership.--
(1) Number and appointment.--Not later than 60 days after
the date of enactment of this Act, the Commission, which shall
be composed of 12 members, shall be appointed by the Secretary
as follows:
(A) 2 members shall be commuters of public
transportation.
(B) 2 members shall be experts in rail safety.
(C) 2 members shall be experts in water
transportation.
(D) 2 members shall be employees of State
transportation agencies.
(E) 2 members shall be experts in passenger safety.
(F) 2 members shall be experts in emergency
medicine.
(2) Restriction.--No employee of the Department of
Transportation may serve as a member of the Commission.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by the members at the initial meeting.
(d) Terms.--
(1) In general.--Each member shall be appointed for the
life of the commission.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment.
(3) Pay and travel expenses.--
(A) Pay.--Except as provided in subparagraph (C),
each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual
rate of basic pay for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day, including travel time, during which
he or she is engaged in the actual performance of
duties vested in the Commission.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5,
United States Code.
(C) Prohibition of compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States or Members
of Congress may not receive additional pay, allowances,
or benefits by reason of their service on the
Commission.
(e) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission are appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--The commission shall meet monthly
at the call of the Chairperson.
(3) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(f) Staff.--The Chairperson may appoint and fix the pay of
additional personnel as the Chairperson considers appropriate.
(g) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(h) Recommendations.--
(1) Commuter bill of rights.--Not later than 160 days after
its initial meeting, the Commission shall make recommendations
to the Secretary that shall be known as the ``Commuter Bill of
Rights''. The Commuter Bill of Rights shall include the
following:
(A) A list of situations in which a provider of
public transportation shall implement its contingency
plan.
(B) Recommendations for the minimum standards that
a contingency plan of a provider of public
transportation must meet, including the following:
(i) Provision of food, water, restrooms,
ventilation, and medical services.
(ii) Distribution of critical information
to commuters on a disabled or delayed train or
other transit vehicle, including a time frame
for when commuters will be permitted to exit
such disabled or delayed transit vehicle and
how such commuters will be redirected to their
final destinations in a timely manner.
(C) Recommendations for Federal regulations on
commuter safety in an emergency situation.
(2) Procedure.--A majority of the Commission shall approve
each recommendation before it is included in the Commuter Bill
of Rights and submitted to the Secretary.
(3) Supplemental report.--The Commission shall submit a
supplemental report to the Secretary along with the Commuter
Bill of Rights that contains all of the recommendations that
the Commission considered, including those recommendations that
did not receive a majority vote for inclusion in the Commuter
Bill of Rights.
(i) Termination.--The Commission shall terminate on the date that
the Commission submits the Commuter Bill of Rights and supplemental
report to the Secretary under subsection (h).
SEC. 4. GRANT PROGRAM.
(a) Authorization of Grant Program.--The Secretary may provide
grants on a competitive basis to providers of public transportation to
develop and implement contingency plans that fulfill the Commuter Bill
of Rights.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible recipient shall submit an application
not later than 90 days after the Secretary has issued a notice
of availability at such time and in such manner as the
Secretary may reasonably require.
(2) Contingency plan implementation.--An eligible recipient
shall include in its application a cost estimate of
implementing the contingency plan to fulfill the Consumer Bill
of Rights.
(3) Certification.--When submitting an application, a
provider of public transportation shall certify to the
Secretary that the provider will implement its contingency plan
not later than 90 days after receiving a grant under this
section.
(d) Amount of Grants.--An eligible recipient may only receive one
grant under this section. The amount of such grant shall be the greater
of $50,000 or 50 percent of the total amount of costs estimated in
implementing the Commuter Bill of Rights as determined by the
Secretary.
SEC. 5. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary shall review the Commuter Bill of
Rights submitted by the Commission under section 3 and issue
regulations to require providers of public transportation to comply
with the standards recommended by the Commuter Bill of Rights.
(b) Federal Policies.--The Secretary shall use the Bill of Rights
as recommended by the Commission to develop federal policies that will
require compliance with the Bill of Rights by commuter transit
providers. Such policies shall include--
(1) a requirement for providers of public transportation to
submit for approval by the Secretary a proposed contingency
plan meeting minimum standards according to the Bill of Rights;
(2) a requirement that contingency plans be reviewed and
updated as necessary and re-submitted to the Secretary every 5
years; and
(3) a requirement that providers of public transportation
comply with the final rule issued pursuant to subsection (a)
not later than 180 days after the rule is issued under
subsection (a).
(c) Penalties and Sanctions.--The Secretary may assess appropriate
penalties or sanctions for non-compliance as determined by the
Secretary against providers of public transportation who fail to
submit, obtain approval of, or adhere to its contingency plan.
(d) Bill of Rights to Congress.--When the Secretary receives the
Consumer Bill of Rights from the Committee, the Secretary shall forward
a copy of such bill of rights to Congress.
(e) Consumer Hotline.--The Secretary shall establish a consumer
hotline telephone number for public transportation complaints in which
the Secretary responds to consumer complaints not later than 30 days
after submission of a complaint.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, such sums
as may be necessary to carry out this Act, to remain available until
expended.
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Commuter Bill of Rights Act of 2010 - Establishes the Commuter Transit Rights Commission.
Requires the Commission to make recommendations to the Secretary of Transportation in the form of a Commuter Bill of Rights which includes: (1) a list of situations in which a provider of public transportation will implement its contingency plan during an emergency; (2) recommendations for minimum standards that a plan must meet, including the provision of food, water, restrooms, ventilation, and medical services, as well as the distribution of certain critical information to commuters on a disabled or delayed train or other transit vehicle; and (3) recommendations for federal regulations on commuter safety during emergencies.
Authorizes the Secretary to provide competitive grants to providers of public transportation to develop and implement contingency plans that fulfill the Bill of Rights.
Requires the Secretary to review the Bill of Rights and issue regulations to require providers of public transportation to comply with the Bill's recommended standards.
Requires the Secretary to use the Bill of Rights to develop related federal policies.
Authorizes the Secretary to assess penalties or sanctions against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan.
Requires the Secretary to establish a consumer hotline telephone number for public transportation complaints.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2003''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Americans cherish the continued existence of diverse
wilderness ecosystems and wildlife found on their Federal lands
and share a strong sense of moral responsibility to protect
their wilderness heritage as an enduring resource to cherish,
protect, and bequeath undisturbed to future generations of
Americans.
(2) The values an area of wilderness offer to this and
future generations of Americans are greatly enhanced to the
degree that the area is diverse in topography, elevation, life
zones and ecosystems, and to the extent that it offers a wide
range of outdoor recreational and educational opportunities
accessible in all seasons of the year.
(3) Large blocks of wildlands embracing a wide range of
ecosystems and topography, including low-elevation forests,
have seldom remained undisturbed due to many decades of
development.
(4) Certain wildlands on the western slope of the Cascade
Range in the Skykomish River valley of the State of Washington
offer an outstanding representation of the original character
of the forested landscape, ranging from high alpine meadows and
extremely rugged peaks to low-elevation mature and old-growth
forests, including groves with some of the largest and most
spectacular trees in Washington, with diameters of eight feet
and larger.
(5) These diverse, thickly forested mountain slopes and
valleys of mature and old-growth trees in the Skykomish River
valley harbor nearly the full complement of the original
wildlife and fish species found by settlers of the 19th
century, including mountain goats, bald eagles, black bear,
pine marten, black-tailed deer, as well as rare and endangered
wildlife such as northern spotted owls and goshawks, Chinook
and Coho salmon, and steelhead and bull trout.
(6) An ecologically and topographically diverse wilderness
area in the Skykomish River valley accessible in all seasons of
the year will be enjoyable to users of various kinds, such as
hikers, horse riders, hunters, anglers, and educational groups,
but also to the many who cherish clean water and clean air,
fish and wildlife (including endangered species such as wild
salmon), and pristine mountain and riverside scenery.
(b) Statement of Policy.--Congress hereby declares that it is the
policy of the United States--
(1) to better serve the diverse wilderness and
environmental education needs of the people of the State of
Washington and its burgeoning metropolitan regions by granting
wilderness protection to certain lower elevation wildlands in
the Skykomish River valley of the State of Washington; and
(2) to protect additional lands adjacent to the Henry M.
Jackson Wilderness designated by section 3(8) of the Washington
State Wilderness Act of 1984 (Public Law 98-339; 98 Stat. 300),
in further tribute to the ecologically enlightened vision of
the distinguished Senator from the State of Washington and
former Chairman of the Committee on Energy and Natural
Resources of the Senate.
SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM, STATE OF
WASHINGTON.
(a) Wild Sky Wilderness.--Certain Federal lands in the State of
Washington comprising approximately 106,000 acres, as generally
depicted on the map entitled ``Wild Sky Wilderness Proposal, Map #1''
and dated January 7, 2003, are hereby designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System. The Federal lands designated as wilderness by this subsection
shall be known as the Wild Sky Wilderness.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the Wild Sky Wilderness with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives. The map and
description shall have the same force and effect as if included in this
Act, except that the Secretary of Agriculture may correct clerical and
typographical errors in the legal description and map. The map and
legal description shall be on file and available for public inspection
in the office of the Chief of the Forest Service, Department of
Agriculture.
(c) Administration.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the Wild Sky Wilderness in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to the Wild Sky Wilderness, any
reference in the Wilderness Act to the effective date of the Wilderness
Act shall be deemed to be a reference to the date of enactment of this
Act. To fulfill the purposes of this Act and the Wilderness Act and to
achieve administrative efficiencies, the Secretary may manage the Wild
Sky Wilderness as a comprehensive part of the larger complex of
adjacent and nearby wilderness areas.
(d) New Trails.--
(1) Trail plan.--The Secretary of Agriculture shall
establish, in consultation with interested parties, a trail
plan for National Forest System lands described in this
paragraph in order to develop the following:
(A) A system of hiking and equestrian trails within
the Wild Sky Wilderness in a manner consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(B) A system of trails adjacent to or to provide
access to the Wild Sky Wilderness.
(2) Implementation report.--Within two years after the date
of enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report on the implementation of the trail
plan established under paragraph (1). The report shall include
the identification of priority trails for development.
(e) Maintenance and Use of Certain Structures.--
(1) Repeater site.--Within the Wild Sky Wilderness, the
Secretary of Agriculture is authorized to use helicopter access
to construct and maintain a joint Forest Service and Snohomish
County repeater site, in compliance with a Forest Service
approved communications site plan, for the purposes of
improving communication for safety, health, and emergency
services.
(2) Evergreen mountain lookout.--The designation of the
Wild Sky Wilderness shall not preclude the operation and
maintenance of the Evergreen Mountain Lookout, in the same
manner and degree in which the operation and maintenance of the
lookout was occurring as of the date of enactment of this Act.
(f) Access.--
(1) Private inholdings.--Consistent with section 5(a) of
the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of
Agriculture shall assure adequate access to private inholdings
in the Wild Sky Wilderness.
(2) Float plane access.--As provided by section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of
floatplanes on Lake Isabel in the Wild Sky Wilderness, where
such use was established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
restrictions as the Secretary of Agriculture determines
desirable.
(g) Land Acquisition Authority.--
(1) In general.--The Secretary of Agriculture may acquire
lands and interests therein in the Wild Sky Wilderness by
purchase, donation, or exchange. The Secretary shall give
priority consideration to the acquisition of those lands
identified as Priority Acquisition Lands on the map described
in subsection (a).
(2) Appraisal.--Valuation of private lands shall be
determined without reference to any restrictions on access or
use that arise out of designation of the Wild Sky Wilderness.
(3) Boundary adjustment.--The boundaries of the Mt. Baker-
Snoqualmie National Forests and the Wild Sky Wilderness shall
be adjusted to reflect any land acquisitions or exchanges
conducted under this subsection.
SEC. 4. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT,
WASHINGTON.
(a) Land Exchanges Required.--In accordance with this section, the
Secretary of Agriculture shall carry out a land exchange with the
Chelan County Public Utility District in the State of Washington to
exchange lands and interests in lands, as generally depicted on the map
entitled ``Chelan County Public Utility District Exchange'' and dated
May 22, 2002.
(b) Acceptance of Lands.--If, within 90 days after the date of
enactment of this Act, the Chelan County Public Utility District offers
to the Secretary of Agriculture approximately 371.8 acres of lands held
by the Utility District in the Mt. Baker-Snoqualmie National Forests in
the State of Washington, the Secretary shall accept such lands if the
title is acceptable to the Secretary and there is no hazardous material
on such lands, which is objectionable to the Secretary.
(c) Conveyance of Easement.--Upon acceptance of title by the
Secretary of Agriculture under subsection (b), the Secretary shall
convey to the Chelan County Public Utility District a permanent
easement, including helicopter access, consistent with such levels as
used as of the date of enactment of this Act, to maintain an existing
snowtel site on 1.82 acres of Federal land in the Wenatchee National
Forest in the State of Washington.
(d) Reversion.--As a condition on the conveyance under subsection
(c), the Chelan County Public Utility District shall notify the
Secretary of Agriculture if the Utility District determines that there
is no longer a need to maintain a snowtel site on the lands subject to
the easement conveyed under subsection (c) to monitor the snow pack for
calculating expected runoff into the Lake Chelan hydroelectric project
and the hydroelectric projects in the Columbia River Basin. Upon
receipt of such notice, the easement shall be extinguished and all
rights conveyed under such subsection shall revert to the United
States.
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Wild Sky Wilderness Act of 2003 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.Directs the Secretary to establish a hiking trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County communication repeater site to provide improved communication for safety, health, and emergency purposes.Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions.Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified priority acquisition lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forests and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to assure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington from the Chelan County Public Utility District if the District offers such lands to the Secretary in exchange for a permanent easement, including helicopter access, to maintain an existing snowtel site on land within the Wenatchee National Forest, Washington.Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a snowtel site.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public and Indian Housing Crime and
Drug Elimination Program Reauthorization Act of 2009''.
SEC. 2. AMENDMENT TO SHORT TITLE.
(a) In General.--The Public and Assisted Housing Drug Elimination
Act of 1990 is amended by striking the chapter designation and heading
and all that follows through section 5121 (42 U.S.C. 11901 note; 102
Stat. 4301; 104 Stat. 4245) and inserting the following:
``CHAPTER 2--PUBLIC AND INDIAN HOUSING CRIME AND DRUG ELIMINATION
PROGRAM
``SEC. 5121. SHORT TITLE.
``This chapter may be cited as the `Public and Indian Housing Crime
and Drug Elimination Program Act'.''.
(b) References.--Any reference in any Federal, State, tribal, or
local law (including regulations) to the ``Public and Assisted Housing
Drug Elimination Act of 1990'' (42 U.S.C. 11901 et seq.) shall be
considered to be a reference to the ``Public and Indian Housing Crime
and Drug Elimination Program Act''.
SEC. 3. ELIGIBLE ACTIVITIES.
Section 5124(a)(6) of the Public and Indian Housing Crime and Drug
Elimination Program Act (42 U.S.C. 11903(a)(6)) (as amended by section
2(a)) is amended by striking ``treatment programs;'' and inserting the
following: ``treatment programs, except that the activities conducted
under any such program and paid for, in whole or in part, using a grant
provided under this chapter may only include--
``(A) providing access to treatment for drug abuse
through rehabilitation or relapse prevention;
``(B) providing education regarding the dangers and
adverse consequences of drug use or violent crime;
``(C)(i) assisting drug users in discontinuing drug
use through an educational program; and
``(ii) if appropriate, referring the users to drug
treatment programs;
``(D) providing after-school activities for youths
for the purpose of discouraging, reducing, or
eliminating drug use or violent crime by youths;
``(E) providing capital improvements for the
purpose of discouraging, reducing, or eliminating drug
use or violent crime; and
``(F) providing security services for the purpose
of discouraging, reducing, or eliminating drug use or
violent crime;''.
SEC. 4. APPLICATIONS.
Section 5125(a) of the Public and Indian Housing Crime and Drug
Elimination Program Act (42 U.S.C. 11904(a)) (as amended by section
2(a)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``To receive a grant'' and inserting
the following:
``(a) Requirement.--
``(1) In general.--To receive a grant'';
(2) in the first sentence, by inserting a comma after ``an
Indian tribe'';
(3) in the second sentence--
(A) by striking ``Such application'' and inserting
the following:
``(2) Inclusion of plan.--An application under paragraph
(1)''; and
(B) by striking ``around of the housing'' and
inserting ``around the housing''; and
(4) by adding at the end the following:
``(3) Development; agreements.--Each plan submitted under
paragraph (2) shall--
``(A) to the maximum extent practicable, be
developed in coordination with relevant local law
enforcement agencies and other local entities involved
in crime prevention and reduction; and
``(B) include an agreement between the applicant
and the Office of Policy Development and Research under
which the applicant shall work cooperatively with the
Office in carrying out section 5129.''.
SEC. 5. REPORTS.
Section 5127 of the Public and Indian Housing Crime and Drug
Elimination Program Act (42 U.S.C. 11906) (as amended by section 2(a))
is amended by adding at the end the following:
``(d) Effectiveness Report.--Not later than 4 years after the date
of enactment of the Public and Indian Housing Crime and Drug
Elimination Program Reauthorization Act of 2009, the Secretary shall
submit to Congress a report that includes--
``(1) aggregate data regarding the categories of program
activities that have been funded by grants under this chapter;
``(2) promising strategies relating to preventing and
reducing violent and drug-related crime in public, Indian, and
federally assisted low-income housing derived from--
``(A) a review of existing research; and
``(B) evaluations of programs funded by grants
under this chapter that were conducted by--
``(i) the Office of Policy Development and
Research; or
``(ii) grantees;
``(3) the means by which the strategies described in
paragraph (2) have been incorporated into--
``(A) guidance provided to applicants under this
chapter; and
``(B) regulations promulgated pursuant to this
chapter; and
``(4) any statutory changes recommended by the Secretary to
increase the effectiveness of grants provided under this
chapter.''.
SEC. 6. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND EVALUATION
PLAN.
The Public and Indian Housing Crime and Drug Elimination Program
Act (as amended by section 2(a)) is amended--
(1) by redesignating section 5129 (42 U.S.C. 11908) as
section 5130; and
(2) by inserting after section 5128 (42 U.S.C. 11907) the
following:
``SEC. 5129. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND
EVALUATION PLAN.
``(a) Review.--
``(1) In general.--The Office of Policy Development and
Research established pursuant to section 501 of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1) shall conduct
a review of existing research relating to preventing and
reducing violent and drug-related crime to assess, using
scientifically rigorous and acceptable methods, any strategies
that--
``(A) have been found to be effective in preventing
and reducing violent and drug-related crime; and
``(B) are likely to be effective in preventing and
reducing violent and drug-related crime in public and
federally assisted low-income housing.
``(2) Report.--Not later than 180 days after the date of
enactment of the Public and Indian Housing Crime and Drug
Elimination Program Reauthorization Act of 2009, the Secretary
shall publish a written report describing the results of the
review under paragraph (1).
``(b) Evaluation Plan.--
``(1) In general.--On completion of the review under
subsection (a)(1), the Office of Policy Development and
Research, in consultation with housing authorities, social
scientists, and other interested parties, shall develop and
implement a plan for evaluating the effectiveness of each
strategy (including new and innovative strategies and existing
strategies) funded under this chapter that have not previously
been subject to a rigorous evaluation methodology, as
determined by the Office.
``(2) Methodology.--The plan developed under paragraph (1)
shall require each evaluation carried out pursuant to the plan
to use a rigorous methodology, particularly random assignment
(where practicable), that is capable of producing
scientifically valid knowledge regarding which program
activities are effective in preventing and reducing violent and
drug-related crime in public and other federally assisted low-
income housing.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 5130 of the Public and Indian Housing Crime and Drug
Elimination Program Act (as amended by sections 2(a) and 6(1)) (42
U.S.C. 11908) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There are authorized to be appropriated to carry
out this chapter--
``(1) $240,000,000 for fiscal year 2010;
``(2) $250,000,000 for fiscal year 2011;
``(3) $265,000,000 for fiscal year 2012;
``(4) $285,000,000 for fiscal year 2013; and
``(5) $310,000,000 for fiscal year 2014.''; and
(2) by adding at the end the following:
``(d) Set-aside for Office of Policy Development and Research.--Of
the amounts made available for each fiscal year to carry out this
chapter, not less than 2 percent shall be made available to the Office
of Policy Development and Research to carry out section 5129.''.
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Public and Indian Housing Crime and Drug Elimination Program Reauthorization Act of 2009 - Amends the Public and Assisted Housing Drug Elimination Act of 1990 to rename it the Public and Indian Housing Crime and Drug Elimination Program Act.
Limits activities for programs designed to reduce drug use in and around assisted low-income housing to: (1) providing access to drug abuse treatment through rehabilitation or relapse prevention; (2) providing education about the dangers and consequences of drug use or violent crime; (3) assisting drug use discontinuance through education or treatment programs; (4) providing after school youth activities; and (5) providing capital improvements and security services to discourage or eliminate drug use or violent crime.
Requires grant application plans to: (1) be developed in coordination with relevant local law enforcement agencies and other local entities involved in crime prevention and reduction; and (2) include an agreement between the applicant and the Office of Policy Development and Research of the Department of Housing and Urban Development (HUD) under which the applicant shall work cooperatively with the Office in carrying out technical assistance and program oversight under the Act.
Requires: (1) the Office to review existing research relating to preventing violent and drug-related crime; and (2) the Secretary of HUD to publish a written report describing such results.
Requires the Office to develop and implement a plan for evaluating the effectiveness of each specified strategy funded under the Act that has not previously been subject to a rigorous evaluation methodology.
Reauthorizes the program through FY2014.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Health Investment Today
Act'' or the ``PHIT Act.''
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) almost 20 percent of American children between the ages
of 2 and 19 are overweight or suffer from obesity;
(2) 8 of the 9 most expensive illnesses in the United
States are more common among overweight and obese individuals;
(3) according to the Centers for Disease Control and
Prevention, the increase in the number of overweight and obese
Americans between 1987 and 2001 resulted in a 27 percent
increase in per capita health care costs;
(4) the World Health Organization determined that in the
United States a $1 investment in physical activity alone (in
time and equipment) would reduce medical expenses by $3.20;
(5) research indicates that 2 in 5 Americans would become
more physically active if offered a financial incentive;
(6) the United States ranks last in the world in reducing
the number of preventable deaths resulting from obesity-related
chronic illnesses; and
(7) engaging in physical activities at young ages when
children are learning lifelong behaviors can have a significant
impact on their long-term health.
(b) Purpose.--The purpose of this Act is to promote health and
prevent disease, particularly diseases related to being overweight and
obese, by--
(1) encouraging healthier lifestyles;
(2) providing financial incentives to ease the financial
burden of engaging in healthy behavior; and
(3) increasing the ability of individuals and families to
participate in physical fitness activities.
SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.
(a) In General.--Section 213(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting ``,
or'', and by adding at the end the following new subparagraph:
``(E) for qualified sports and fitness expenses.''.
(b) Qualified Sports and Fitness Expenses.--Section 213(d) of such
Code is amended by adding at the end the following paragraph:
``(12) Qualified sports and fitness expenses.--
``(A) In general.--The term `qualified sports and
fitness expenses' means amounts paid exclusively for
the sole purpose of participating in a physical
activity including--
``(i) for membership at a fitness facility,
``(ii) for participation or instruction in
a program of physical exercise or physical
activity, and
``(iii) for equipment for use in a program
(including a self-directed program) of physical
exercise or physical activity.
``(B) Overall dollar limitation.--The aggregate
amount treated as qualified sports and fitness expenses
with respect to any taxpayer for any taxable year shall
not exceed $1,000 ($2,000 in the case of a joint return
or a head of household (as defined in section 2(b))).
``(C) Fitness facility defined.--For purposes of
subparagraph (A)(i), the term `fitness facility' means
a facility--
``(i) providing instruction in a program of
physical exercise, offering facilities for the
preservation, maintenance, encouragement, or
development of physical fitness, or serving as
the site of such a program of a State or local
government,
``(ii) which is not a private club owned
and operated by its members,
``(iii) which does not offer golf, hunting,
sailing, or riding facilities,
``(iv) whose health or fitness facility is
not incidental to its overall function and
purpose, and
``(v) which is fully compliant with the
State of jurisdiction and Federal anti-
discrimination laws.
``(D) Treatment of exercise videos, etc.--Videos,
books, and similar materials shall be treated as
described in subparagraph (A)(ii) if the content of
such materials constitute instruction in a program of
physical exercise or physical activity.
``(E) Limitations related to sports and fitness
equipment.--Amounts paid for equipment described in
subparagraph (A)(iii) shall be treated as a qualified
sports and fitness expense only--
``(i) if such equipment is utilized
exclusively for participation in fitness,
exercise, sport, or other physical activity
programs,
``(ii) if such equipment is not apparel or
footwear, and
``(iii) in the case of any item of sports
equipment (other than exercise equipment), with
respect to so much of the amount paid for such
item as does not exceed $250.
``(F) Programs which include components other than
physical exercise and physical activity.--Rules similar
to the rules of section 213(d)(6) shall apply in the
case of any program that includes physical exercise or
physical activity and also other components. For
purposes of the preceding sentence, travel and
accommodations shall be treated as an other
component.''.
(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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Personal Health Investment Today Act or the PHIT Act This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) equipment for a physical exercise or activity program.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight Attendant Duty Time Act''.
SEC. 2. AMENDMENT TO THE FEDERAL AVIATION ACT.
(a) In General.--Title VI of the Federal Aviation Act of 1958 (49
U.S.C. App. 1421-1433) is amended by adding at the end thereof the
following new section:
``SEC. 614. DUTY TIME OF FLIGHT ATTENDANTS.
``(a) Rulemaking Proceeding.--Not later than 60 days after the date
of the enactment of this section, the Secretary shall initiate a
rulemaking proceeding for the purpose of establishing limitations on
duty time for flight attendants, including minimum rest requirements.
``(b) Final Regulations.--Except in any case in which the
prohibitions referred to in subsection (c) take effect, the Secretary
shall issue, not later than 240 days after the date of the enactment of
this Act, final regulations establishing limitations on duty time for
flight attendants, including minimum rest requirements as follows:
``(1) For a domestic flight, a maximum of 14 hours of
actual duty time, plus a maximum of 2 additional hours spent
deadheading to return to the flight attendant's domicile, and a
minimum of at least 10 consecutive hours of rest after each
duty period.
``(2) For an international flight, a maximum of 16 hours of
actual duty time and minimum of at least 12 consecutive hours
of rest after each duty period.
``(3) For a long-range international nonstop flight, a
maximum period of actual duty time no more than 4 hours greater
than the scheduled duty time, with a maximum period of actual
duty time no greater than 20 hours, and a minimum consecutive
rest period equal to at least twice the scheduled flight time.
``(4) For all flight attendants, a minimum of eight 24
consecutive hour periods of rest at their domicile per calendar
month and at least one 24 hour consecutive period of rest
within every 7 days.
``(5) For all flight attendants, at least a continuous 1
hour rest break on any flight scheduled for 8 hours or more of
flight time in a designated rest area.
``(c) Mandated Prohibitions.--If the Secretary does not initiate a
rulemaking proceeding under subsection (a) before the 60th day
following the date of the enactment of this Act or does not issue final
regulations under subsection (b) before the 240th day following such
date of enactment, no air carrier may after such date operate an
aircraft using a flight attendant who has been on duty more hours, or
who has had fewer hours of rest, than those required by paragraphs (1)
through (5) of subsection (b).
``(d) Modification of Mandated Prohibitions.--The Secretary may
issue regulations modifying the prohibitions contained in paragraphs
(1) through (5) of subsection (b) if the Secretary determines that such
modifications are in the interest of safety and transmits a copy of the
modifying regulations to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives. The modifying
regulations may not take effect until the expiration of the 90-day
period beginning on the date of the transmittal of the modifying
regulations to such committees.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Air carrier.--The term `air carrier' means any air
carrier which is subject to the provisions of part 121 or part
135 of title 14 of the Code of Federal Regulations.
``(2) Debriefing time.--The term `debriefing time' means a
time period of at least 30 minutes for domestic flight and of
at least 45 minutes for international flight after the block-in
time of the last flight or segment of a flight.
``(3) Designated rest area.--The term `designated rest
area' means a passenger seat, sleeper seat, or bunk of an
aircraft assigned for crew rest purposes.
``(4) Domestic flight.--The term `domestic flight' means
any flight or segment of a flight worked by a flight attendant
totally within the 48 contiguous States and the District of
Columbia.
``(5) Duty time.--The term `duty time' means all time
worked for an air carrier at any place and in any capacity and,
with respect to flying, shall begin at the required report time
and shall end at the conclusion of the debriefing time, or when
released by the carrier, whichever is later. Duty time accrues
until the crewmember is given a required rest period by the
carrier. Time spent deadheading, either on an aircraft or by
surface transportation, to or from an assignment by an air
carrier, time spent ferrying, and time spent attending meetings
and training shall also be considered duty time. Duty time
continues--
``(A) throughout a rest period of a shorter
duration than that contained in subsection (b)(1),
(b)(2), or (b)(3), as the case may be; and
``(B) during in-flight rest periods contained in
subsection (b)(5).
``(6) International flight.--The term `international
flight' means any flight worked by a flight attendant for which
a take off or landing is scheduled outside the 48 contiguous
States and the District of Columbia.
``(7) Long-range international nonstop flight.--The term
`long-range international nonstop flight' means a single
nonstop international flight scheduled for 8 hours or more of
flight time.
``(8) Report time.--The term `report time' means a time
period of at least 30 minutes prior to the scheduled departure
time of the first flight or segment of a flight in a flight
attendant's duty period or the time the flight attendant is
required to report to work, whichever is earlier.
``(9) Rest.--The term `rest' means uninterrupted time free
from all duty.
``(10) Scheduled flight time.--The term `scheduled flight
time' means the elapsed time based on the time shown in
schedules given by an air carrier to a travel agent.
``(11) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(f) Treatment of Duty Period With Domestic and International
Flight Segments.--A duty period with domestic and international flight
segments shall be treated as domestic flying for the purpose of
calculating duty and rest requirements under this section if the
majority of the flight time during that duty period is on a domestic
segment or shall be treated as international flying if the majority of
the flight time during that duty period is on an international
segment.''.
(b) Conforming Amendment.--The table of contents contained in the
first section of the Federal Aviation Act of 1958 is amended by adding
at the end of the matter relating to title VI the following:
``Sec. 614. Duty time of flight attendants.
``(a) Rulemaking proceeding.
``(b) Final regulations.
``(c) Mandated prohibitions.
``(d) Modification of mandated prohibitions.
``(e) Definitions.
``(f) Treatment of duty period with domestic and international
flight segments.''.
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Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline.
Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time.
Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.
Treats a duty period with both domestic and international flight segments as international flying for purposes of calculating duty and rest requirements if the majority of the flight time during such period is on an international or domestic segment.
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Provide a summary of the following text: SECTION 1. MODIFICATION OF QUALIFIED ORDER REQUIREMENTS FOR APPROVED
TRANSACTIONS.
(a) In General.--Subparagraph (A) of section 5891(b)(2) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (i) and by adding at the end the following new clause:
``(iii) satisfies the requirements of
paragraph (5), and''.
(b) Transaction Requirements.--Subsection (b) of section 5891 of
such Code is amended by redesignating paragraph (5) as paragraph (6)
and by inserting after paragraph (4) the following new paragraph:
``(5) Transaction requirements.--
``(A) In general.--A transfer of structured
settlement payment rights shall be treated as
satisfying the requirements of this paragraph only if
the transfer meets the following requirements:
``(i) The annual discount rate of the
consideration for the transfer, determined by
taking into account charges, fees, and other
expenses, does not exceed the prime rate plus 5
percentage points.
``(ii) The aggregate amount of charges,
fees, and other expenses payable by the payee
do not exceed 2 percent of the value of the
consideration to the payee (net of such
charges, fees, and other expenses).
``(iii) The payee is not liable for any
penalty, and will not forfeit any amounts
already paid or incurred, if the transfer does
not satisfy the requirements of this paragraph.
``(iv) The transferee has given written
notice of the transferee's name, address, and
taxpayer identification number to the annuity
issuer and the structured settlement obligor
and has filed a copy of such notice with the
State court or responsible administrative
authority issuing the qualified order.
``(v) The transfer is fair and reasonable.
``(vi) Not later than 5 days, and not
earlier than 15 days, before the date on which
the payee first incurs any obligations with
respect to the transfer, the transferee
provides to the payee a disclosure statement
which sets forth in a clear and conspicuous
manner the following:
``(I) The remaining amounts payable
and payment dates under the structured
settlement.
``(II) The aggregate of such
amounts.
``(III) The discounted present
value of the structured settlement
payment rights determined by using a
discount rate equal to the applicable
Federal rate, compounded annually.
``(IV) A statement of the total
consideration made in exchange for the
structured settlement payment rights.
``(V) An itemized list of all
charges, fees, and other expenses
payable by the payee, or deductible
from the gross amount otherwise payable
to the payee, with respect to the
transfer.
``(VI) The value of consideration
to the payee net of the charges, fees,
and other expenses described in
subclause (V).
``(VII) The quotient (expressed as
a percentage) of the amount of net
consideration described in subclause
(VI) divided by the discounted present
value of the structured settlement
payment rights determined under
subclause (III).
``(VIII) The annual discount rate
of the consideration for the transfer
determined by taking into account
charges, fees, and other expenses.
``(IX) The amount of any penalties
(including any liquidated damages)
payable by the payee in the case of any
breach of the transfer agreement by the
payee.
``(B) Prime rate.--For purposes of this paragraph,
the term `prime rate' means the bank prime rate for the
first day of the month in which the transfer agreement
is executed, as published in the Federal Reserve
Statistical Release on selected interest rates (daily
or weekly), and commonly referred to as the H.15
release (or any successor publication).''.
(c) Effective Date.--The amendments made by this section shall
apply to structured settlement factoring transactions (as defined in
section 5891 of such Code) entered into later than 180 days after the
date of the enactment of this Act.
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Amends the Internal Revenue Code, with respect to the tax exemption for structured settlement factoring transactions (i.e., transfers of the right to receive periodic payments under a settlement of a legal claim for damages in exchange for a lump sum payment) to require that court orders approving such transfers include additional requirements, including that: (1) the annual discount rate of the consideration for a transfer does not exceed the prime interest rate plus 5%; (2) the aggregate amount of charges, fees, and other expenses payable by the payee of the lump sum payment do not exceed 2% of the value of the consideration to the payee; (3) the payee is not liable for any penalty or forfeiture if the transfer does not satisfy the additional requirements imposed by this Act; (4) the transferee (the entity receiving the right to the periodic payments) has given written notice of its name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the state court or other authority issuing the order approving the transfer; (5) the transfer is fair and reasonable; and (6) the transferee makes certain disclosures to the payee.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asian Elephant Conservation Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Asian elephant populations in nations within the range
of Asian elephants have continued to decline to the point that
the long-term survival of the species in the wild is in serious
jeopardy.
(2) The Asian elephant is listed as an endangered species
under section 4 of the Endangered Species Act of 1973 and under
appendix I of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
(3) Because the challenges facing the conservation of Asian
elephants are so great, resources to date have not been
sufficient to cope with the continued loss of habitat and the
consequent diminution of Asian elephant populations.
(4) The Asian elephant is a flagship species for the
conservation of tropical forest habitats in which it is found
and provides the consequent benefit from such conservation to
numerous other species of wildlife including many other
endangered species.
(5) Among the threats to the Asian elephant in addition to
habitat loss are population fragmentation, human-elephant
conflict, poaching for ivory, meat, hide, bones and teeth, and
capture for domestication.
(6) To reduce, remove, or otherwise effectively address
these threats to the long-term viability of populations of
Asian elephants in the wild will require the joint commitment
and effort of nations within the range of Asian elephants, the
United States and other countries, and the private sector.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian elephants.
(2) To assist in the conservation and protection of Asian
elephants by supporting the conservation programs of Asian
elephant range states and the CITES Secretariat.
(3) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, signed on March 3, 1973, and its appendices.
(2) The term ``conservation'' means the use of methods and
procedures necessary to bring Asian elephants to the point at
which there are sufficient populations in the wild to ensure
that the species does not become extinct, including all
activities associated with scientific resource management, such
as conservation, protection, restoration, acquisition, and
management of habitat; research and monitoring of known
populations; assistance in the development of management plans
for managed elephant ranges; CITES enforcement; law enforcement
through community participation; translocation of elephants;
conflict resolution initiatives; and community outreach and
education.
(3) The term ``Fund'' means the Asian Elephant Conservation
Fund established under section 6(a).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Administrator'' means the Administrator of
the Agency for International Development.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
funds and in consultation with the Administrator, shall use amounts in
the Fund to provide financial assistance for projects for the
conservation of Asian elephants for which final project proposals are
approved by the Secretary in accordance with this section.
(b) Project Proposal.--Any relevant wildlife management authority
of a nation within the range of Asian elephants whose activities
directly or indirectly affect Asian elephant populations, the CITES
Secretariat, or any person with demonstrated expertise in the
conservation of Asian elephants, may submit to the Secretary a project
proposal under this section. Each proposal shall include the following:
(1) The name of the individual responsible for conducting
the project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is
required for the success of the project.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) Any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for
funding under this Act.
(c) Project Review and Approval.--
(1) In general.--Within 30 days after receiving a final
project proposal, the Secretary shall provide a copy of the
proposal to the Administrator. The Secretary shall review each
final project proposal to determine if it meets the criteria
set forth in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
6 months after receiving a final project proposal, and subject
to the availability of funds, the Secretary, after consulting
with the Administrator, shall--
(A) request written comments on the proposal from
each country within which the project is to be
conducted;
(B) after requesting those comments, approve or
disapprove the proposal; and
(C) provide written notification of that approval
or disapproval to the person who submitted the
proposal, the Administrator, and each of those
countries.
(d) Criteria for Approval.--The Secretary may approve a final
project proposal under this section if the project will enhance
programs for conservation of Asian elephants by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and elephants that
arise from competition for the same habitat;
(3) enhance compliance with provisions of CITES and laws of
the United States or a foreign country that prohibit or
regulate the taking or trade of Asian elephants or regulate the
use and management of Asian elephant habitat;
(4) develop sound scientific information on the condition
of Asian elephant habitat, Asian elephant population numbers
and trends, or the threats to such habitat, numbers, or trends;
or
(5) promote cooperative projects on those topics with other
foreign governments, affected local communities,
nongovernmental organizations, or others in the private sector.
(e) Project Sustainability.--To the maximum extent practical, in
determining whether to approve project proposals under this section,
the Secretary shall give consideration to projects which will enhance
sustainable integrated conservation development programs to ensure
effective, long-term conservation of Asian elephants.
(f) Project Reporting.--Each person who receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Administrator.
Each report shall include all information required by the Secretary,
after consulting with the Administrator, for evaluating the progress
and success of the project.
(g) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give priority to
those projects for which there exists some measure of matching funds.
(h) Limitation on Use for Captive Breeding.--Amounts provided as a
grant under this Act may not be used for captive breeding of Asian
elephants other than for release in the wild.
SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Asian Elephant
Conservation Fund'', which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation to
provide assistance under section 5.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 3 percent
to administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this
Act, which may remain available until expended.
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Asian Elephant Conservation Act of 1997 - Requires the Secretary of the Interior to use amounts in the Asian Elephant Conservation Fund (established under this Act) to provide financial assistance for projects for the conservation of Asian elephants for which final project proposals are approved by the Secretary.
Sets forth provisions concerning: (1) requirements for project proposals; (2) project review and approval; (3) reporting requirements for recipients of assistance provided by this Act; and (4) priority for projects for which there exists some measure of matching funds.
Prohibits grants provided under this Act from being used for captive breeding of Asian elephants other than for release in the wild.
Establishes the Asian Elephant Conservation Fund.
Authorizes appropriations.
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Create a summary of the following text: SECTION 1. ENHANCEMENT OF TRANSITION ASSISTANCE PROGRAM.
(a) Compulsory Participation in Program.--Effective not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall ensure the following:
(1) That each member of the Armed Forces who is discharged,
released, or otherwise separated from the Armed Forces
participates in the Transition Assistance Program of the
Department of Defense.
(2) That the programs and services of the Transition
Assistance Program are accessible by all members of the
National Guard and the Reserves.
(b) Expansion of Services Under Program.--Effective not later than
one year after the date of the enactment of this Act, the Secretary
shall ensure that the services provided by the Transition Assistance
Program include the following:
(1) Employment and training information targeted
specifically at the various military grades and at the various
military occupational specialties.
(2) Expanded emphasis on education benefits available to
former members of the Armed Forces, including educational
assistance under chapter 33 of title 38, United States Code
(commonly referred to as ``Post-9/11 educational assistance'').
(3) Enhanced information on the other benefits available to
former members of the Armed Forces through the Department of
Veterans Affairs.
(4) Enhanced training on financial management.
(5) Dedicated computer training with TurboTap.org, the
VetSuccess Internet website, the USA Jobs Internet website, and
any other employment-related Internet websites the Secretary
considers appropriate, including, in particular, employment-
related Internet websites that focus on jobs for veterans.
(6) Dedicated training targeted specifically at members of
the National Guard and the Reserves, including training on
employment protections and other employment matters under
chapter 43 of title 38, United States Code (commonly referred
to as the ``Uniformed Services Employment and Reemployment
Rights Act'').
(c) Reports.--
(1) Report required.--Not later than 6 months after the
date of the enactment of this Act, and every six months
thereafter for the following 18 months, the Secretary shall
submit to the appropriate committees of Congress a report on
the status of the implementation of the requirements in
subsections (a) and (b).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Education and Labor of the House of
Representatives.
SEC. 2. REPORT ON TRANSITION ASSISTANCE PROGRAM.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of Labor, submit to the appropriate committees of
Congress a report on the Transition Assistance Program of the
Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of the rates of employment of individuals
post-separation from the Armed Forces when compared with the
rates of employment of the general population annually since
September 11, 2001.
(2) A chronological summary of the evolution and
development of the Transition Assistance Program since
September 11, 2001.
(3) A description of efforts to transform the Transition
Assistance Program from an end-of-service transition model to a
life-cycle model, in which transition is considered throughout
the career of a member of the Armed Forces.
(4) An analysis of current and future challenges that
former members of the Armed Forces face upon entering the
civilian workforce, including a survey of the following to
identify strengths and shortcomings of the Transition
Assistance Program in meeting such challenges:
(A) A representational population of transitioning
or recently separated members of the Armed Forces.
(B) Employers with a history of employing retired
or separating members of the Armed Forces.
(C) Veterans service organizations and advocacy
groups.
(5) An assessment of whether the Transition Assistance
Program would be more effective if it were provided to members
of the Armed Forces earlier before separation.
(6) A description of various options for a so-called
``check-in'' mechanism under the Transition Assistance Program
in which former members contact the program three months after
separation to address questions, including through the use of
Internet-based programs.
(7) An assessment of the quality of trainers under the
Transition Assistance Program.
(8) An assessment of the success of marketing the
Transition Assistance Program to members of the Armed Forces.
(9) Such recommendations as the Secretary of Defense
considers appropriate, including recommendations for
legislative action, to improve the organization, policies,
consistency of quality, and efficacy of the Transition
Assistance Program.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
(2) the Committee on Armed Services and the Committee on
Education and Labor of the House of Representatives.
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Directs the Secretary of Defense (DOD) to ensure that: (1) each member of the Armed Forces who is discharged, released, or otherwise separated from service participates in DOD's Transition Assistance Program; and (2) such Program's programs and services are also accessible by all members of the National Guard and reserves. Outlines services available under the Program, including employment and training information, available educational benefits, and financial management and computer training.
Requires the Secretary to submit to the congressional defense and education committees: (1) four semiannual reports on the status of implementation of requirements under this Act; and (2) a one-time report on the Program's evolution and results.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Opportunity Investment Trust
Act''.
SEC. 2. ESTABLISHMENT OF TRUST.
(a) In General.--There is established a trust to be known as the
``Digital Opportunity Investment Trust'' (referred to in this Act as
the ``Trust'').
(b) Funds.--
(1) In general.--The Trust shall consist of such amounts as
are transferred to the Trust under paragraph (2) and any
interest earned on the investment of amounts in the Trust under
section 4.
(2) Transfer of funds.--The Secretary of the Treasury shall
transfer each fiscal year quarter, through fiscal year 2020,
from the general fund of the Treasury to the Trust, an amount
equal to 30 percent of the cash payment received by the Federal
Government during the preceding fiscal year quarter from--
(A) auctions of the publicly owned electromagnetic
spectrum; and
(B) fees derived from the usage of the publicly
owned electromagnetic spectrum, excluding the fees
imposed by the Federal Communications Commission to
defray the costs of the Commission's operations
associated with the electromagnetic spectrum.
(c) Administration of the Trust.--
(1) Board.--
(A) Establishment.--A board (referred to in this
Act as the ``Board'') shall be established to oversee
the administration of Trust funds, consisting of 9
members appointed by the President, by and with the
advice and consent of the Senate, who--
(i) reflect representation from the public
and private sectors;
(ii) are not regular full-time employees of
the Federal Government;
(iii) are eminent in such fields as
education, telecommunications, information
technology, labor and workforce development,
cultural and civic affairs, or the arts and
humanities; and
(iv) will provide, as nearly as
practicable, a broad representation of various
regions of the United States, various
professions and occupations, and various kinds
of talent and experience appropriate to the
functions and responsibilities of the Trust.
(B) Recommendations.--The Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority
Leader of the House of Representatives shall submit to
the President recommendations of individuals to serve
as members of the Board.
(C) Terms of appointment.--
(i) Date.--Members of the Board shall be
appointed not later than 90 days after the date
of enactment of this Act.
(ii) Terms.--
(I) In general.--Each member of the
Board shall be appointed for 6 years
(except as provided in subclause (II)),
with terms set to expire in non-Federal
election years.
(II) Staggered terms.--From the
first Board--
(aa) 3 members shall serve
for a term of 6 years;
(bb) 3 members shall serve
for a term of 4 years; and
(cc) 3 members shall serve
for a term of 2 years.
(iii) Vacancies.--A vacancy on the Board
shall not affect the Board's powers, and shall
be filled in the same manner as the original
member was appointed.
(D) Chair and vice-chair.--
(i) Selection.--The Board shall select,
from among the members of the Board, an
individual to serve for a 2-year term as Chair
of the Board and an individual to serve for a
2-year term as vice-Chair of the Board.
(ii) Consecutive terms.--An individual may
not serve for more than 2 consecutive terms as
Chair of the Board.
(E) Meetings.--
(i) First meeting.--Not later than 30 days
after the date on which all of the members of
the Board have been confirmed, the Chair of the
Board shall call the first meeting of the
Board.
(ii) Quorum.--A majority of the members of
the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
(F) Board personnel matters.--
(i) Compensation.--Members of the Board
shall receive no additional pay, allowances, or
benefits by reason of the members' service on
the Board.
(ii) Travel expenses.--The members of the
Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes
or regular places of business in the
performance of services for the Board.
(2) Director.--A majority of the members of the Board shall
select a Director of the Trust who shall serve at the
discretion of the Board and shall be responsible for hiring all
personnel of the Trust and instituting procedures to carry out
the policies and priorities established by the Board.
(d) Trust Fund Uses.--
(1) Uses of funds.--In order to achieve the objectives of
this Act, the Director of the Trust, after consultation with
the Board, may use Trust funds--
(A) to help underwrite the digitization of the
collections in the Nation's universities, museums,
libraries, and cultural institutions;
(B) to enable schools, community colleges,
universities, libraries, museums, civic organizations,
cultural, arts, and humanities centers, and nonprofit
agencies or organizations described in section
501(c)(3) of the Internal Revenue Code of 1986 that are
exempt from tax under section 501(a) of such Code to
take advantage of innovative telecommunications and information
technologies;
(C) to support basic and applied research,
development, and demonstrations of innovative-based
learning systems, including assessment tools and other
system components;
(D) to develop applications of research, including
the creation of prototypes, models, and pilot projects,
as well as the initial production of content and
software for digital and information technologies for
use in educational curricula and other educational
purposes, including job training, skills training,
public safety, civic information, and lifelong
learning;
(E) to develop innovative technologies for training
and dissemination of public information for safety and
homeland security;
(F) to develop new tools and means of dissemination
for innovative advances in job training and retraining;
and
(G) to conduct assessments of legal, regulatory,
and other issues that must be resolved to ensure rapid
development and use of advanced learning technologies
and legislative or other remedies that may remove
barriers or create incentives that can help make use of
the innovations developed pursuant to this Act.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Trust, with the agreement of a majority of the
members of the Board, may award contracts and grants to
nonprofit public institutions (with or without private
partners) and competent for-profit organizations and
individuals.
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public.
(ii) Exemption.--The Director of the Trust
may exempt specific projects from the
requirement of clause (i) if the Director of
the Trust and a majority of the members of the
Board determine that the general public will
benefit significantly in the long run due to
the project not being freely and nonexclusively
available to the general public.
(C) Evaluation of proposals.--To the extent
practicable, proposals for such contracts or grants
shall be evaluated on the basis of comparative merit by
panels of experts who represent diverse interests and
perspectives, and who are appointed by the Director of
the Trust.
(3) Cooperation.--The Director of the Trust, after
consultation with the Board, may cooperate with business,
industry, philanthropy, and local and national public service
institutions, including enhancing the work of such public
service institutions by seeking new ways to put
telecommunications and information technologies to work in
their areas of interest.
SEC. 3. ACCOUNTABILITY AND REPORTING.
(a) Report.--
(1) In general.--Not later than April 30 of each year, the
Director of the Trust shall prepare a report for the preceding
fiscal year, ending September 30, and shall submit such report
to the Assistant Secretary of the National Telecommunications
and Information Administration.
(2) Contents.--The report shall include--
(A) a comprehensive and detailed report of the
Trust's operations, activities, financial condition,
and accomplishments, and such recommendations as the
Director of the Trust determines appropriate; and
(B) a comprehensive and detailed inventory of funds
distributed from the Trust during the preceding fiscal
year.
(3) Submission to the president and congress.--The
Assistant Secretary of the National Telecommunications and
Information Administration shall submit the report received
pursuant to paragraph (1) to the President and the appropriate
committees of Congress.
(b) Testimony.--The Chair of the Board, other members of the Board,
and the Director and principal officers of the Trust shall testify
before appropriate committees of Congress, upon request of such
committees, with respect to--
(1) the report prepared under subsection (a)(1); and
(2) any other matter that such committees may determine
appropriate.
SEC. 4. INVESTMENT OF TRUST FUNDS.
(a) In General.--The Director of the Trust, after consultation with
the Board and the Director of the Office of Management and Budget,
shall invest the funds of the Trust in interest-bearing obligations of
the United States or in obligations guaranteed as to both principal and
interest by the United States.
(b) Expenditures.--
(1) In general.--The Director of the Trust shall not
undertake grant or contract activities under this Act until the
Trust has received the interest or other proceeds from the
investment of the Trust funds for not less than 1 year's
duration. Thereafter, upon approval of the annual budget of the
Trust, the Director of the Trust may commence such grant or
contract activities at the start of each fiscal year.
(2) Obligation of funds.--
(A) In general.--Except as provided in subparagraph
(B), in awarding grants or contracts or making other
expenditures, the Director of the Trust shall not
obligate funds from the Trust that exceed the proceeds
received from the investment of the funds in the Trust
during the preceding fiscal year.
(B) Carry over.--Funds from the Trust that are
available for obligation for a fiscal year that are not
obligated for such fiscal year shall remain available
for obligation for the succeeding fiscal year.
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Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 30 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and fees derived from the use of such spectrum. Establishes a Board to oversee administration of Trust funds. Establishes a Director of the Trust. Provides authorized Trust uses. Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations.
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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 ``Taxing Speculators
out of the Oil Market Act''.
(b) Findings.--Congress finds the following:
(1) The price of oil has risen and fallen dramatically over
the last decade without a clear connection to the laws of
supply and demand.
(2) The price of a barrel of oil predictably stayed beneath
$20 a barrel of oil for decades. In the beginning of 1999, the
price was under $10 a barrel of oil, but since then the oil
market has been plagued by speculation and fluctuated wildly.
(3) In late 2004, the price of oil exceeded $40 a barrel of
oil, up 400 percent in 5 years.
(4) In late 2007, the price exceeded $80 a barrel of oil,
up 800 percent in 8 years.
(5) In mid 2008, the price of oil peaked at $145 a barrel,
up 1,450 percent in under ten years.
(6) The price of oil collapsed in 2008 to just over $30 a
barrel of oil.
(7) By early 2011, the price of oil rebounded to almost
$115 per barrel of oil.
(8) These large price swings coincide with drop in demand
since 2005. In 2010, the United States consumed 2.1 million
barrels of oil per day less than it did 6 years ago.
(9) Many economists have attributed this irrational
behavior of the oil market to the large increase in speculative
trading in oil derivatives.
(10) A transaction tax on speculative trading can deter
short-term speculation which will reduce the volatility and
price of oil.
SEC. 2. TAX ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Transactions in Oil Futures, Options, and Swaps
``Sec. 4475. Tax on transactions in oil futures, options, and swaps.
``SEC. 4475. TAX ON TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS.
``(a) Imposition of Tax.--
``(1) Futures.--There is hereby imposed a tax on each
covered transaction in an oil futures contract of 0.01 percent
of the value of the futures instruments involved in such
transaction.
``(2) Options.--There is hereby imposed a tax on each
covered transaction in an oil option of 0.01 percent of the
premium paid on the option for a futures instruments involved
in such transaction.
``(3) Swaps.--There is hereby imposed a tax on each covered
transaction in an oil swap of 0.01 percent of the value of the
underlying assets involved in such transaction for each year
until the swap contact maturity.
``(b) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) the trading facility on which the transaction
occurs, or
``(B) if such transaction does not occur on a
trading facility, by the buyer of the transaction.
``(2) Withholding if buyer not united states person.--See
section 1447 for withholding by seller if buyer is a foreign
person.
``(c) Exception for Commercial Traders.--The tax imposed by this
section shall not apply to any transaction if--
``(1) either party to the transaction is--
``(A) classified by the Commodity Futures Trading
Commission as a commercial trader with respect to oil,
or
``(B) a financial institution acting on behalf of
such a party (but only if the financial institution
does not at any time acquire ownership of the
security), and
``(2) the transaction is a bona fide hedging transaction
(within the meaning of section 4a(c) of the Commodity Exchange
Act).
``(d) Definitions.--For purposes of this section--
``(1) Covered transaction.--The term `covered transaction'
means any purchase or sale of an oil futures contract, an oil
option or oil swap contract if--
``(A) such purchase or sale on a trading facility
is located in the United States, or
``(B) the purchaser or seller is a United States
person.
``(2) Oil futures contract.--The term `oil futures
contract' means any contract of sale of oil for future delivery
(within the meaning of the Commodity Exchange Act).
``(3) Oil option.--The term `oil option' means any option
on an oil futures transaction.
``(4) Oil swap contract.--The term `oil swap contract'
means any contract of sale of oil involving a swap.
``(5) Trading facility.--The term `trading facility' has
the meaning given to such term by the Commodity Exchange Act.
``(e) Administration.--The Secretary shall carry out this section
in consultation with the Commodity Futures Trading Commission.''.
(b) Withholding.--Subchapter A of chapter 3 of such Code is amended
by adding at the end the following new section:
``SEC. 1447. WITHHOLDING OF TAX ON TRANSACTIONS IN OIL FUTURES,
OPTIONS, AND SWAPS.
``In the case of any acquisition of an oil futures contract, an oil
option, or an oil swap contract (as such terms are defined in section
4475) by a foreign person, the transferor shall be required to deduct
and withhold a tax equal to the tax which would be imposed on such
acquisition under section 4475 if the transferee were a United States
person.''.
(c) Clerical Amendments.--
(1) The table of subchapters for chapter 36 of such Code is
amended by inserting after the item relating to subchapter B
the following new item:
``subchapter c. tax on transactions in oil futures, options, and
swaps.''.
(2) The table of sections for subchapter A of chapter 3 of
such Code is amended by adding at the end the following new
section:
``Sec. 1447. Withholding of tax on transactions in oil futures,
options, and swaps.''.
(d) Effective Date.--The amendments made by this section shall
apply to transactions occurring on or after 90 days after the date of
the enactment of this Act.
SEC. 3. AVAILABILITY TO THE COMMODITY FUTURES TRADING COMMISSION OF
REVENUE FROM TAXES ON TRANSACTIONS IN OIL FUTURES,
OPTIONS, AND SWAPS.
The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by
inserting after section 10 the following:
``SEC. 11. AVAILABILITY TO THE COMMISSION OF REVENUE FROM TAXES ON
TRANSACTIONS IN OIL FUTURES, OPTIONS, AND SWAPS.
``(a) Tax Revenue Deposited as Offsetting Collections to CFTC
Appropriations Account.--All taxes collected pursuant to sections 4475
and 1447 of the Internal Revenue Code of 1986 for any fiscal year shall
be deposited and credited as offsetting collections to the account
providing appropriations to the Commission.
``(b) Use of Unexpended Funds for Public Debt Reduction.--Any
amount credited under paragraph (1) that remains unexpended as of the
end of any fiscal year shall be transferred to the Treasury and used to
reduce the public debt of the United States.''.
SEC. 4. DUTIES OF COMMODITY FUTURES TRADING COMMISSION.
The Commodity Futures Trading Commission (referred to in this
section as the ``Commission'') shall use the authority of the
Commission, including the emergency authority of the Commission--
(1) to subject each bank holding company (as defined in
section 2(a) of the Bank Holding Company Act of 1956) that
engages in trading subject to section 4475 of the Internal
Revenue Code of 1986, and each hedge fund (as defined in
section 13(h)(2) of the Bank Holding Company Act of 1956) that
buys or sells a contract of sale of oil for future delivery
(within the meaning of the Commodity Exchange Act) for its own
account or on behalf of a third party, to the rules applicable
to noncommercial participants in the markets for the contracts;
and
(2) to revoke immediately each staff no-action letter that
covers a foreign board of trade that--
(A) has established a trading terminal in the
United States for the purpose of selling the contracts
to, or buying the contracts from, United States
investors; and
(B) engages in trading subject to such section
4475.
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Taxing Speculators out of the Oil Market Act - Amends the Internal Revenue Code to: (1) impose an 0.01% excise tax on transactions in oil futures, options, and swaps, to be paid by the trading facility on which the transactions occur or by the buyer of the transaction; and (2) require withholding of such tax if the buyer is a foreign person. Exempts from such tax certain commercial oil traders and bona fide hedging transactions.
Amends the Commodity Exchange Act to credit tax revenues from this Act as offsetting collections to appropriations to the Commodity Futures Trading Commission (CFTC). Requires any unexpended amounts to be used to reduce the public debt.
Requires the CFTC to: (1) subject each bank holding company that engages in trading in oil futures, options, and swaps, and each hedge fund that buys or sells a contract of sale of oil for future delivery, to the rules applicable to noncommercial participants in the markets for the contracts; and (2) revoke immediately each staff no-action letter that covers a foreign board of trade that has established a trading terminal in the United States for selling contracts to or from U.S. investors and engages in trading in oil futures, options, and swaps.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Our Children Home Act''.
SEC. 2. AMENDMENT TO THE MISSING CHILDREN'S ASSISTANCE ACT.
Section 403(1) of the Missing Children's Assistance Act (42 U.S.C.
5772(1)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``whose whereabouts are unknown to such individual's legal
custodian if'',
(2) in subparagraphs (A), (B), and (C)--
(A) by redesignating such subparagraphs as clauses
(i), (ii), and (iii), respectively, and
(B) by indenting the left margin of such
subparagraphs 2 ems to the right,
(3) by inserting before clause (i), as so redesignated, the
following:
``(A) whose whereabouts is unknown to such
individual's legal custodian if--'', and
(4) by adding at the end the following:
``(B) whose whereabouts is known to such
individual's legal custodian from whose control such
child--
``(i) was removed in violation of law; or
``(ii) is believed by such custodian to
have been taken out of the United States
without the consent of such custodian by, or
for the benefit of, an individual who may
possibly claim custodial rights with respect to
such child;''.
SEC. 3. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE
ALIEN CHILDREN MISSING IN THE UNITED STATES.
The Attorney General shall make available to State and local law
enforcement agencies, information describing the methods and procedures
available to them to institute or assist an investigative search for an
alien child who is believed to be in the United States and who is the
subject of--
(1) an application under the Hague Convention on the Civil
Aspects of International Parental Child Abduction, or
(2) an Interpol yellow notice.
SEC. 4. STATE REQUIREMENTS.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2) by striking ``and'' at the end, and
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ``and'' at the
end,
(B) in subparagraph (C) by striking the period at
the end and inserting ``; and'', and
(C) by inserting after subparagraph (C) the
following:
``(D) a statement specifying whether the child is
believed to have been taken outside of the United
States;''.
SEC. 5. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT.
(a) Legal Assistance, Technical Assistance, and Training.--Section
7 of the International Child Abduction Remedies Act (42 U.S.C. 11606)
is amended by adding at the end the following new subsections:
``(g) Legal Assistance for Victims of Parental Kidnapping Grants.--
``(1) Funding to legal services providers.--The United
States Central Authority shall establish a program to provide
funding to legal services providers, including private
attorneys, public officials acting pursuant to the Uniform
Child Custody Jurisdiction and Enforcement Act, legal aid
programs, and law school clinical programs, to provide direct
legal or advocacy services on behalf of persons seeking
remedies under the Convention, or other civil or criminal
remedies in interstate or international parental kidnapping
cases.
``(2) Training and technical assistance.--The United States
Central Authority, directly or through grants, shall provide
training and technical assistance to recipients of funds under
paragraph (1) to improve their capacity to offer legal
assistance described in paragraph (1).
``(h) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The United
States Central Authority may provide technical assistance (including
computers and Internet access) as necessary to foster consolidation of
jurisdiction and implementation of the Convention, consistent with the
purposes of the Convention.
``(i) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Court Costs.--Section 8(b) of the International Child Abduction
Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows:
``(b) Costs Incurred in Civil Actions.--
``(1) Payment of court costs by central
authority.--The Central Authority shall establish a
program under which it provides, directly to the court
or to petitioners and respondents, the funds necessary
to pay the court costs of petitioners and respondents
in actions brought under section 4, including court
fees and the cost of translation services, expert
witness testimony, and transcription services.
``(2) Costs of legal counsel and travel.--
Petitioners may be required to bear the costs of legal
counsel or advisors and travel costs for the return of
the child involved and any accompanying persons, except
as provided in paragraphs (3) and (4).
``(3) Payments from other sources.--Subject to
paragraph (4), legal fees incurred in connection with
an action brought under section 4 shall be borne by the
petitioner unless they are covered by payments from
Federal, State, or local legal assistance or other
programs.
``(4) Costs borne by petitioner.--Any court
ordering the return of a child pursuant to an action
brought under section 4 shall order the respondent to
pay necessary expenses incurred by or on behalf of the
petitioner (other than court costs for which the
Central Authority pays under paragraph (1)), including
legal fees, foster home or other care during the course
of proceedings in the action, and transportation costs
related to the return of the child, unless the
respondent establishes that such order would be clearly
inappropriate.''.
(d) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
``(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs under
subsection (b)(3), including the training programs for newly appointed
judges, information on the Hague Convention on the Civil Aspects of
International Child Abduction, the International Child Abduction
Remedies Act, the International Parental Kidnapping Crime Act of 1993,
and other Federal statutes pertaining to parental kidnapping within the
jurisdiction of the Federal courts, and shall prepare materials
necessary to carry out this subsection.''.
SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION.
(a) Report on Progress in Negotiating Bilateral Treaties With Non-
Hague Convention Countries.--The Secretary of State shall prepare and
submit to the Congress an annual report on progress made by the United
States in negotiating and entering into bilateral treaties (or other
international agreements) relating to international child abduction
with countries that are not contracting parties to the Hague Convention
on the Civil Aspects of International Child Abduction.
(b) Report on Human Rights Practices.--(1) Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(B) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) the status of efforts in each country to prohibit
international child abduction, including--
``(A) efforts to expedite the return of children to
the country of their habitual residence; and
``(B) the extent to which the country respects the
rights of custody and of access under the laws of other
countries.''.
(2) Section 502B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(b)) is amended by inserting after the sixth sentence the
following: ``Each report under this section shall include information
on the status of efforts in each country to prohibit international
child abduction, including efforts to expedite the return of children
to the country of their habitual residence and the extent to which the
country respects the rights of custody and of access under the laws of
other countries.''.
(c) Report on Enforcement of Section 1204 of Title 18, United
States Code.--The Attorney General, in consultation with the Secretary
of State, shall prepare and submit to the Congress an annual report
that contains a description of the status of each case involving a
request during the preceding year for extradition to the United States
of an individual alleged to have violated section 1204 of title 18,
United States Code.
SEC. 7. STUDY ON COOPERATION OF AIRLINE INDUSTRY.
(a) Study.--The Secretary of Transportation shall conduct a study
of--
(1) the extent to which the domestic and foreign airline
industries cooperate with the investigation of international
child abduction cases, including cooperation with the
Department of State, the Department of Justice, and the
National Center for Missing & Exploited Children; and
(2) any practices and procedures necessary to improve the
ability of the domestic and foreign airline industries to
cooperate with the investigation of international child
abduction cases.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
Congress a report on the results of the study conducted under
subsection (a).
SEC. 8. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF
PARENTAL KIDNAPPING.
In addition to funds otherwise authorized to be appropriated for
the activities described in this section, there are authorized to be
appropriated to the Child Exploitation and Obscenity Section of the
Department of Justice for each of the fiscal years 2009 through 2012
such sums as may be necessary for the investigation and prosecution of
violations of section 1204 of title 18, United States Code.
SEC. 9. AUTHORIZATION OF FUNDS FOR EXTRADITION.
There are authorized to be appropriated for each of fiscal years
2009 through 2012 such funds as may be necessary for the costs of
extraditing individuals from foreign countries to the United States for
violations of laws in the United States by reason of unlawfully
removing a child from the child's custodial parent.
SEC. 10. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF
ABDUCTED CHILDREN.
(a) Program Authorized.--The Director of the Office of Victims of
Crime of the Department of Justice shall, subject to the availability
of appropriations, establish a Victim Travel in International
Reunification Cases program to award grants to the National Center for
Missing & Exploited Children to reimburse parents, guardians, law
enforcement, and other individuals, as appropriate, for travel costs
related to the safe return of children from the United States who have
been abducted and taken to foreign countries.
(b) Use of Grant Funds.--Travel costs under subsection (a) that are
reimbursed using funds under this section may include airfare and daily
subsistence costs, including lodging, meals, and ground transportation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000 for each of the fiscal
years 2009 through 2012.
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Bring Our Children Home Act - Amends the Missing Children's Assistance Act to expand the definition of "missing child."
Requires the Attorney General to provide state and local law enforcement agencies with information for locating a child from a foreign country who has been abducted and is believed to be in the United States.
Amends the Crime Control Act of 1990 to require state missing children reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States.
Amends the International Child Abduction Remedies Act to provide funding for legal and technical assistance and training relating to international child abduction.
Amends the Foreign Assistance Act of 1961 to require the Secretary of State to report to Congress on the efforts of foreign countries to prohibit international child abduction.
Requires the Secretary of Transportation to study and report to Congress on the cooperation of domestic and foreign airlines with the investigation of international child abduction cases.
Authorizes additional funds for the investigation and prosecution of international parental kidnapping and for the extradition of individuals from foreign countries to the United States for violations of child abduction laws.
Establishes a grant program to reimburse travel costs related to the return of abducted children to the United States.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Sergei Magnitsky Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States supports the people of the Russian
Federation in their efforts to realize their full economic
potential and to advance democracy, human rights, and the rule
of law.
(2) The Russian Federation is a member of the United
Nations, the Organization for Security and Cooperation in
Europe, and the International Monetary Fund, has ratified the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Covenant
on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, and the United Nations
Convention against Corruption, and is bound by the legal
obligations set forth in the European Convention of Human
Rights.
(3) States voluntarily commit themselves to respect
obligations and responsibilities through the adoption of
international agreements and treaties, which must be observed
in good faith in order to maintain the stability of the
international order. Human rights are an integral part of
international law, and lie at the foundation of the
international order. The protection of human rights, therefore,
particularly in the case of a country that has incurred
obligations to protect human rights under an international
agreement to which it is a party, is not left exclusively to
the internal affairs of that country.
(4) Good governance and anti-corruption measures are
instrumental in the protection of human rights and in achieving
sustainable economic growth, which benefits both the people of
the Russian Federation and the international community through
the creation of open and transparent markets.
(5) Systemic corruption erodes trust and confidence in
democratic institutions, the rule of law, and human rights
protections; this is the case when public officials are allowed
to abuse their authority with impunity for political or
financial gains in collusion with private entities.
(6) The President of the Russian Federation, Dmitry
Medvedev, has addressed corruption in many public speeches,
including stating in his 2009 address to Russia's Federal
Assembly, ``[Z]ero tolerance of corruption should become part
of our national culture . . . In Russia we often say that there
are few cases in which corrupt officials are prosecuted . . .
[S]imply incarcerating a few will not resolve the problem. But
incarcerated they must be.''. President Medvedev went on to
say, ``We shall overcome underdevelopment and corruption
because we are a strong and free people, and deserve a normal
life in a modern, prosperous democratic society.''.
Furthermore, President Medvedev has acknowledged Russia's
disregard for the rule of law and used the term ``legal
nihilism'' to describe a criminal justice system that continues
to imprison innocent people.
(7) The systematic abuse of Sergei Magnitsky, including his
arbitrary detention and mistreatment in custody, by the same
officers of the Russian Interior Ministry that Mr. Magnitsky
had implicated in the embezzlement of funds from the Russian
Treasury, reflects how deeply the protection of human rights is
affected by corruption. Sergei Leonidovich Magnitsky died on
November 16, 2009, at the age of 37, in Matrosskaya Tishina
Prison in Moscow, Russia, and is survived by a wife and two
sons.
(8) There is extensive evidence that public officials from
the Russian Interior Ministry, the Russian Federal Tax
Authorities, the Russian General Prosecutor's Office, the
Russian Federal Security Service, as well as Russian regional
courts and the prison system have abused their powers and
positions to commit serious human rights violations, embezzled
funds from the Russian Treasury, and retaliated against
whistleblowers.
(9) The Public Oversight Commission for the Observance of
Human Rights in Penitentiary Centers of the city of Moscow, an
organization empowered by Russian law to independently monitor
prison conditions, concluded that ``A man who is kept in
custody and is being detained is not capable of using all the
necessary means to protect either his life or his health. This
is a responsibility of a state which holds him captive.
Therefore, the case of Sergei Magnitsky can be described as a
breach of the right to life. The members of the civic
supervisory commission have reached the conclusion that
Magnitsky had been experiencing both psychological and physical
pressure in custody, and the conditions in some of the wards of
Butyrka can be justifiably called torturous. The people
responsible for this must be punished.''.
SEC. 3. VISA LIMITATIONS ON CERTAIN PERSONS FROM THE RUSSIAN
FEDERATION.
(a) Ineligible for Visas.--
(1) In general.--Except as provided in paragraph (2), an
alien is ineligible to receive a visa to enter the United
States and ineligible to be admitted to the United States who
the Secretary of State determines to be--
(A) an individual who engaged in any act that was
instrumental in causing the death of Sergei Leonidovich
Magnitsky;
(B) an individual who conspired to defraud the
Russian Federation of taxes on corporate profits
because of fraudulent transactions and lawsuits against
the foreign investment company known as Hermitage; or
(C) the spouse, son, daughter, or parent of an
alien described in subparagraph (A) or (B).
(2) Period in which determinations to be made.--The
Secretary of State shall make the determinations described in
paragraph (1) not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act.
(3) Waiver for national interests.--The Secretary of State
may waive the application of paragraph (1) in the case of an
alien if the Secretary determines that such a waiver is in the
national interests of the United States. Upon granting such a
waiver, the Secretary of State shall provide to the Congress
notice of, and justification for, the waiver.
(4) Termination.--The provisions of this subsection shall
cease to be effective on the date that the Secretary of State
transmits to the Congress a statement certifying that the
Secretary has determined the following:
(A) That the Government of the Russian Federation
has conducted a thorough and impartial investigation
into the arbitrary detention, systematic abuse, and
resultant death in custody of Sergei Leonidovich
Magnitsky, and that the individuals responsible have
been brought to justice according to the laws of the
Russian Federation and pursuant to the international
legal obligations of the Russian Federation.
(B) That the Government of the Russian Federation
has taken significant steps to bring the criminal
justice system and penal system of the Russian
Federation into compliance with applicable
international legal standards.
(C) That the Government of the United States is
confident that the investigation described in
subparagraph (A) was properly conducted, transparent,
and free of political influence.
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation of any alien who
would be ineligible to receive such visa or documentation under
subsection (a).
(c) Terminology.--Terms used in this section shall have the
meanings given such terms in section 101(a) and (b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a) and (b)).
SEC. 4. FINANCIAL MEASURES.
(a) Special Measures.--The Secretary of the Treasury shall instruct
domestic financial institutions and domestic financial agencies to take
1 or more special measures described in section 5318A(b) of title 31,
United States Code, if the Secretary of the Treasury makes a
determination, under section 5318A of such title, with respect to money
laundering relating to the conspiracy described in section 3(a)(1)(B).
(b) Blocking of Assets.--The Secretary of the Treasury shall freeze
and prohibit all transactions in all property and interests in property
of an individual described in section 3(a)(1), or of any person acting
as an agent of or on behalf of such an individual, that are in the
United States, that come within the United States, or that are or come
within the possession or control of United States persons, including
their overseas branches.
(c) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
(d) Enforcement.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of such section.
(e) Termination.--The provisions of this section shall cease to be
effective on the date that the Secretary of the Treasury transmits to
the Congress a statement certifying that the Secretary has determined
the following:
(1) That the Government of the Russian Federation has
conducted a thorough and impartial investigation into the
conspiracy (described in section 3(a)(1)(B)) to defraud the
Russian Federation of taxes on corporate profits, and that the
individuals responsible have been brought to justice according
to the laws of the Russian Federation and pursuant to the
international legal obligations of the Russian Federation.
(2) That the Government of the Russian Federation--
(A) has taken significant steps to bring the
criminal justice system of the Russian Federation into
compliance with applicable international financial and
banking standards; and
(B) has substantially strengthened statutory
protections for individuals who disclose evidence of
illegal government activities.
(3) That the Government of the United States is confident
that the investigation described in paragraph (1) was properly
conducted, transparent, and free of political influence.
SEC. 5. REPORT TO CONGRESS.
Not later than the 180th day after the date of the enactment of
this Act, the Secretary of State and the Secretary of the Treasury
shall submit to the Congress a report on the actions taken to carry out
this Act.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the 90th day after the date of the
enactment of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Financial institution; domestic financial agency;
domestic financial institution.--The terms ``financial
institution'', ``domestic financial agency'', and ``domestic
financial institution'' have the meanings of those terms as
used in section 5318A of title 31, United States Code.
(3) United states person.--The term ``United States
person'' means any United States citizen, any alien lawfully
admitted for permanent residence to the United States, any
entity organized under the laws of the United States or of any
jurisdiction within the United States (including foreign
branches), or any person in the United States.
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Justice for Sergei Magnitsky Act of 2010 - Makes an alien ineligible for entry or admission to the United States when the Secretary of State determines such alien to be: (1) an individual who engaged in any act that was instrumental in causing the death of Sergei Leonidovich Magnitsky; (2) an individual who conspired to defraud the Russian Federation of taxes on corporate profits because of fraudulent transactions and lawsuits against the Hermitage foreign investment company; or (3) the spouse, son, daughter, or parent of such alien.
Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest.
States that such provisions shall cease to be effective when the Secretary certifies to Congress that: (1) the government of the Russian Federation has conducted a thorough and impartial investigation into Mr. Magnitsky's detention and death, and the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; (2) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards; and (3) the U.S. government is confident that the investigation was properly conducted.
Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is prohibited from entering the United States or acts as an agent for an such individual.
States that such provisions shall cease to be effective when the Secretary of the Treasury certifies to Congress that: (1) the government of the Russian Federation has conducted a thorough and impartial investigation into the conspiracy to defraud the Russian Federation of taxes on corporate profit, and the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; (2) the government of the Russian Federation has taken steps to bring its criminal justice systems into compliance with international financial and banking standards, and has strengthened protections for individuals who disclose illegal government activities; and (3) the U.S. government is confident that the investigation was properly conducted.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Flood Response Act''.
SEC. 2. EMERGENCY FLOOD ACTIVITY PILOT PROGRAM.
(a) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall establish and carry out a pilot program to
assist flood response efforts at State and Federal regional levels in
response to a levee failure or potential levee failure.
(b) Grants.--In carrying out the pilot program established under
subsection (a), the Administrator may award grants to not more than 10
eligible entities to--
(1) establish or maintain a flood emergency fund to be used
for emergency flood activities described in subsection (f); and
(2) ensure a unified command system organizational
framework for such activities.
(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including the following:
(1) A plan describing the emergency flood activities for
which the funds may be used as well as the levee safety plan
that contains the unified command system that would carry out
such activities.
(2) A scope of work and tasks, project timeline, budget,
and ongoing post-grant management plan.
(3) Information regarding what entity maintains the flood
emergency fund.
(4) A description of non-Federal contributions to the flood
emergency fund.
(5) A description of how such plan will benefit the
community, environment, and economy of the participating region
within the legal boundaries of the applicant.
(6) Mechanisms for long-term replenishment of the flood
emergency fund and a description of what percentage of the fund
will be used--
(A) to support ongoing administrative project
maintenance; and
(B) for the unified command system that would use
and apply the fund in a flood emergency or post-flood
recovery.
(d) Eligibility.--To be eligible to receive a grant under this
section, an eligible entity, in cooperation with appropriate local,
State, and Federal agencies, shall establish criteria and procedures
for use of the entity's flood emergency fund in a flood emergency.
(e) Selection.--
(1) In general.--The Administrator shall award grants under
subsection (b) on a competitive basis.
(2) Priority.--In awarding grants under subsection (b), the
Administrator shall prioritize applications--
(A) from eligible entities that represent a
geographically diverse cross-section of the United
States;
(B) that include opportunities to build on existing
Federal and non-Federal flood relief efforts;
(C) from eligible entities that have a flood safety
plan approved by a levee maintaining agency; and
(D) from eligible entities that have a local
mitigation plan regarding hazard mitigation approved by
the Federal Emergency Management Agency.
(f) Use of Funds.--
(1) In general.--Funds awarded under this section may be
used in the case of a flood for emergency flood activities,
including planning and preparing to perform emergency flood
activities, and to support ongoing administrative project
maintenance. Emergency flood activities include prompt
emergency action to--
(A) prevent levee failure;
(B) close levee breaks;
(C) make relief cuts and dewater flooded areas; and
(D) otherwise physically limit the extent, depth,
and duration of flood waters in the event of a levee
failure.
(2) Limitation on use of funds.--Funds awarded under this
section may not be used if--
(A) the emergency flood activity is required by law
to be performed by the Corps of Engineers; and
(B) the Corps of Engineers immediately exercises
its authority to perform such activity.
(3) Additional guidelines.--The Administrator, in
consultation with the Corps of Engineers, shall establish any
additional guidelines for the use of funds awarded under this
section.
(g) Reimbursement of Expenditures.--As a condition of a grant
awarded to an eligible entity under subsection (b), the Administrator
shall ensure that, following an expenditure of funds from the entity's
flood emergency fund, the entity will--
(1) seek all available State and Federal disaster
assistance reimbursements for such expenditures; and
(2) deposit the reimbursements in the flood emergency fund.
(h) Federal Share.--The Federal share of the cost of a flood
emergency activity carried out using grant funds made available under
this section may not exceed 50 percent of the cost of such activity.
(i) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State local levee maintaining agency or unit of local
government that--
(A) is responsible for emergency flood response
efforts; and
(B) maintains and operates a flood emergency fund.
(2) Flood emergency fund.--The term ``flood emergency
fund'' means a fund established, maintained, and operated by a
levee maintaining agency or a local designated coordinating
agency, including the maintenance of the accounting of all
Federal and non-Federal funds and derivation of such funds.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 to remain available
until expended.
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Emergency Flood Response Act This bill directs the Federal Emergency Management Agency (FEMA) to establish and carry out a pilot program to assist flood response efforts at state and federal regional levels in response to a levee failure or potential levee failure. FEMA may award grants to up to 10 eligible entities to: (1) establish or maintain a flood emergency fund, and (2) ensure a unified command system organizational framework for emergency flood activities. An "eligible entity" is a levee maintaining agency or unit of local government that is responsible for emergency flood response efforts. Funds awarded under this bill may be used for emergency flood activities, including prompt emergency action to prevent levee failure, close levee breaks, make relief cuts and dewater flooded areas, and otherwise physically limit the extent, depth, and duration of flood waters in the event of a levee failure. Funds awarded may not be used if the emergency flood activity is required by law to be performed by the Corps of Engineers and the Corps immediately exercises its authority. FEMA shall ensure that, following an expenditure of funds from a grantee's flood emergency fund, the grantee will seek all available state and federal disaster assistance reimbursements for such expenditures and deposit the reimbursements in the fund. The federal share of the cost of a flood emergency activity carried out using grant funds made available under this Act may not exceed 50%.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voyageurs National Park
Accessibility and Partnership Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Voyageurs National Park serves as a unique Federal park
unit in one of the Nation's distinguished natural ecosystems;
(2) Voyageurs National Park shall serve as a year-round
multiple-use recreational unit as mandated under Public Law 91-
661;
(3) current management of Voyageurs National Park has
unilaterally restricted use and accessibility within certain
portions of the park;
(4) intergovernmental cooperation that respects and
emphasizes the role of State, local, and tribal governments in
land management decision-making processes is essential to
optimize the protection and development of social, historical,
cultural, and recreational resources; and
(5) the national interest is served by--
(A) improving the management and protection of
Voyageurs National Park;
(B) ensuring appropriate public access, enjoyment,
and use throughout Voyageurs National Park; and
(C) allowing Federal, State, local, and tribal
governments to engage in an innovative management
partnership in Federal land management decisionmaking
processes.
SEC. 3. PLANNING AND MANAGEMENT COUNCIL.
Public Law 91-661 (16 U.S.C. 160 et seq.) is amended--
(1) by redesignating sections 304 and 305 (16 U.S.C. 160i
and 160j) as sections 306 and 307, respectively; and
(2) by inserting after section 303 (16 U.S.C. 160h) the
following:
``SEC. 304. PLANNING AND MANAGEMENT COUNCIL.
``(a) Establishment.--There is established the Voyageurs National
Park Intergovernmental Council (referred to in this Act as the
`Council').
``(b) Duties of the Council.--The Council shall develop and monitor
a comprehensive management plan for the park in accordance with section
305.
``(c) Membership.--The Council shall be composed of 11 members,
appointed by the Secretary, of whom--
``(1) 1 member shall be the Assistant Secretary for Fish
and Wildlife and Parks, or a designee;
``(2) 3 members shall be appointed, from recommendations by
the Governor of Minnesota, to represent the Department of
Natural Resources, the Office of Tourism, and the Environmental
Quality Board, of the State of Minnesota;
``(3) 1 member shall be a commissioner from each of the
counties of Koochiching and Saint Louis, appointed from
recommendations by each of the county boards of commissioners;
``(4) 1 member shall be a representative from the cities of
International Falls and Orr, appointed from recommendations by
each of the city councils;
``(5) 1 member shall be a State senator who represents a
legislative district that contains a portion of the park,
appointed from a recommendation by the Governor of Minnesota;
``(6) 1 member shall be a State representative who
represents a legislative district that contains a portion of
the park, appointed from a recommendation by the Governor of
Minnesota;
``(7) 1 member shall be an elected official from the
Northern Counties Land-Use Coordinating Board, appointed from
recommendations by the Board; and
``(8) 1 member shall be an elected official of the Native
American community to represent the 1854 Treaty Authority,
appointed from recommendations by the Authority.
``(d) Advisory Committees.--
``(1) In general.--The Council may establish 1 or more
advisory committees for consultation, including committees
consisting of members of conservation, sportsperson, business,
professional, civic, and citizen organizations.
``(2) Funding.--An advisory committee established under
paragraph (1) may not receive any amounts made available to
carry out this Act.
``(e) Quorum.--A majority of the members of the Council shall
constitute a quorum.
``(f) Chairperson.--
``(1) Election.--The members of the Council shall elect a
chairperson of the Council from among the members of the
Council.
``(2) Terms.--The chairperson shall serve not more than 2
terms of 2 years each.
``(g) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members of the Council.
``(h) Staff and Services.--
``(1) Staff of the council.--The Council may appoint and
fix the compensation of such staff as the Council considers
necessary to carry out this Act.
``(2) Procurement of temporary services.--The Council may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(3) Administrative support services.--The Administrator
of General Services shall provide to the Council, on a
reimbursable basis, such administrative support services as the
Council requests.
``(4) Provision by the secretary.--On a request by the
Council, the Secretary shall provide personnel, information,
and services to the Council to carry out this Act.
``(5) Provision by other federal departments and
agencies.--A Federal agency shall provide to the Council, on a
reimbursable basis, such information and services as the
Council requests.
``(6) Provision by the governor.--The Governor of Minnesota
may provide to the Council, on a reimbursable basis, such
personnel and information as the Council may request.
``(7) Subpoenas.--The Council may not issue a subpoena nor
exercise any subpoena authority.
``(i) Procedural matters.--
``(1) Guidelines for conduct of business.--The following
guidelines apply with respect to the conduct of business at
meetings of the Council:
``(A) Open meetings.--Each meeting shall be open to
the public.
``(B) Public notice.--Timely public notice of each
meeting, including the time, place, and agenda of the
meeting, shall be published in local newspapers and such notice may be
given by such other means as will result in wide publicity.
``(C) Public participation.--Interested persons
shall be permitted to give oral or written statements
regarding the matters on the agenda at meetings.
``(D) Minutes.--Minutes of each meeting shall be
kept and shall contain a record of the persons present,
an accurate description of all proceedings and matters
discussed and conclusions reached, and copies of all
statements filed.
``(E) Public inspection of record.--The
administrative record, including minutes required under
subparagraph (D), of each meeting, and records or other
documents that were made available to or prepared for
or by the Council incident to the meeting, shall be
available for public inspection and copying at a single
location.
``(2) New information.--At any time when the Council
determines it appropriate to consider new information from a
Federal, State, or local agency or from a Council advisory
body, the Council shall give full consideration to new
information offered at that time by interested members of the
public. Interested parties shall have a reasonable opportunity
to respond to new data or information before the Council takes
final action on management measures.
``(j) Compensation.--
``(1) In general.--A member of the Council who is not an
officer or employee of the Federal government shall serve
without pay when carrying out duties pursuant to this Act.
``(2) Travel expenses.--While away from the home or regular
place of business of the member in the performance of services
for the Council, a member of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in Federal
Government service are allowed expenses under section 5703 of
title 5, United States Code.
``(k) Funding.--Of amounts appropriated to the National Park
Service for a fiscal year, the Secretary shall make available such
amounts as the Council shall request, not to exceed $150,000 for the
fiscal year.
``(l) Termination of Council.--The Council shall terminate on the
date that is 10 years after the date of enactment of this subsection.
``SEC. 305. MANAGEMENT PLAN.
``(a) Schedule.--
``(1) In general.--Not later than 3 years after the date of
enactment of this subsection, the Council shall submit to the
Secretary and the Governor of Minnesota a comprehensive
management plan (referred to in this section as the `plan') for
the park, to be developed and implemented by the responsible
Federal agencies, the State of Minnesota, and local political
subdivisions.
``(2) Preliminary report.--Not later than 1 year after the
date of the first meeting of the Council, the Council shall
submit a preliminary report to the Secretary describing the
process to be used to develop the plan.
``(b) Development of Plan.--
``(1) In general.--In developing the plan, the Council
shall examine all relevant issues, including--
``(A) appropriate public access and recreational
use, including--
``(i) snowmobiling opportunities;
``(ii) campsites and trails;
``(iii) the management policies of
harvesting fish and wildlife;
``(iv) aircraft access throughout the park;
``(v) policies affecting hiking, bicycling,
snowshoeing, skiing, current watercraft
opportunities, and other recreational
activities the Council considers appropriate
for the park; and
``(vi) visitation and services at the
Kettle Falls facilities;
``(B) the proper distribution of visitors in the
park;
``(C) a comprehensive visitor education program;
and
``(D) the need for wilderness management for
certain areas of the park.
``(2) Conditions.--In carrying out subparagraphs (A)
through (D) of paragraph (1), the Council shall--
``(A) be subject to relevant environmental law;
``(B) consult on a regular basis with appropriate
officials of each international, Federal, or State
agency or local government that has jurisdiction over
land or water in the park;
``(C) consult with interested conservation,
sportsperson, business, professional, civic, and
citizen organizations; and
``(D) conduct public meetings at appropriate places
to provide interested persons the opportunity to
comment on matters to be addressed by the plan.
``(3) Prohibited considerations.--The Council may not
consider--
``(A) removing park designation; or
``(B) allowing mining, logging, or commercial or
residential development.
``(4) Report.--The Council shall report to the
International Joint Commission on water levels in the Rainy
Lake Watershed, pursuant to the Convention Providing for
Emergency Regulation of the Level of Rainy Lake and of Certain
Other Boundary Waters, signed at Ottawa September 15, 1938 (54
Stat. 1800).
``(c) Approval of Plan.--
``(1) Submission to secretary and governor.--The Council
shall submit the plan to the Secretary and the Governor of
Minnesota for review.
``(2) Approval or disapproval by secretary.--
``(A) Review by the governor.--The Governor may
comment on the plan not later than 60 days after
receipt of the plan from the Council.
``(B) Secretary.--
``(i) In general.--The Secretary shall
approve or disapprove the plan not later than
90 days after receipt of the plan from the
Council.
``(ii) Criteria for review.--In reviewing
the plan, the Secretary shall consider--
``(I) the adequacy of public
participation;
``(II) assurances of plan
implementation from State and local
officials in Minnesota;
``(III) the adequacy of regulatory
and financial tools that are in place
to implement the plan;
``(IV) provisions of the plan for
continuing oversight by the Council of
implementation of the plan; and
``(V) the consistency of the plan
with Federal law.
``(iii) Notification of disapproval.--If
the Secretary disapproves the plan, the
Secretary shall, not later than 30 days after
the date of disapproval, notify the Council in
writing of the reasons for the disapproval and
provide recommendations for revision of the
plan.
``(C) Revision and resubmission.--Not later than 60
days after receipt of a notice of disapproval under
subparagraph (B) or (D), the Council shall revise and
resubmit the plan to the Secretary for review.
``(D) Approval or disapproval of revision.--The
Secretary shall approve or disapprove a plan submitted
under subparagraph (C) not later than 30 days after
receipt of the plan from the Council.
``(d) Review and Modification of Implementation of Plan.--The
Council--
``(1) shall review and monitor the implementation of the
plan; and
``(2) may, after providing for public comment and after
approval by the Secretary, modify the plan, if the Council and
the Secretary determine that the modification is necessary to
carry out this Act.
``(e) Interim Program.--Before the approval of the plan, the
Council shall advise and cooperate with appropriate Federal, State,
local, and tribal governmental entities to minimize adverse impacts on
the park.
``(f) National Park Service Regulations.--During the period
beginning on the date of enactment of this subsection and ending on the
date a management plan is approved by the Secretary under subsection
(c)(2), the Secretary may not issue any regulation that relates to the
park, except for--
``(1) regulations required for routine business, such as
maintenance, visitor education, and law enforcement; and
``(2) emergency regulations.
``(g) State and Local Jurisdiction.--Nothing in this Act
diminishes, enlarges, or modifies any right of the State of Minnesota
or any political subdivision of the State to--
``(1) exercise civil and criminal jurisdiction;
``(2) carry out State fish and wildlife laws in the park;
or
``(3) tax persons, corporations, franchises, or private
property on land and water included in the park.''.
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Voyageurs National Park Accessibility and Partnership Act of 1996 - Amends Federal law to establish the Voyageurs National Park Intergovernmental Council, which shall develop and monitor a comprehensive management plan (plan) for the Voyageurs National Park, Minnesota.
Sets forth provisions regarding Council membership and termination, procedural matters, compensation, and funding.
Requires the Council: (1) to submit to the Secretary of the Interior and the Governor of Minnesota a plan for the park (to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions) and to submit a preliminary report to the Secretary; and (2) in developing the plan, to examine all relevant issues, including appropriate public access and recreational use, the proper distribution of visitors in the park, a comprehensive visitor education program, and the need for wilderness management for certain park areas. Bars the Council from considering removing park designation or allowing mining, logging, or commercial or residential development.
Directs the Council to: (1) report to the International Joint Commission on water levels in the Rainy Lake Watershed; (2) submit the plan to the Secretary and Governor for review (and requires the Secretary to approve or disapprove the plan within 90 days); (3) review and monitor the implementation of the plan (and authorizes the Council, after public comment and approval by the Secretary, to modify the plan if the Council and the Secretary determine that the modification is necessary); and (4) advise and cooperate with appropriate Federal, State, local, and tribal governmental entities, before the approval of the plan, to minimize adverse impacts on the park.
Bars the Secretary, from the date of enactment through the date a management plan is approved, from issuing regulations relating to the park, except for regulations required for routine business and emergency regulations.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children from
Violence Act of 2004''.
SEC. 2. ACCESS TO FEDERAL DATABASES BY STATE SOCIAL SERVICES OFFICERS
FOR CERTAIN PURPOSES.
(a) Criminal History Records Checks.--
(1) In general.--The Attorney General shall, upon request
of the chief executive of a State, ensure that a covered State
social services officer has the authority for online access to
the databases of the National Crime Information Center of the
Federal Bureau of Investigation and the Interstate
Identification Index for the purpose of carrying out one or
more criminal history records checks. The authority provided
under this subsection is limited to a check of an individual
who--
(A) resided, whether temporarily or permanently,
with a minor--
(i) at the time of an actual or alleged
incident of abuse or neglect of that minor; or
(ii) at a time during which an incident of
abuse or neglect of that minor may have
occurred, as determined by the head of a State
agency responsible for social services; or
(B) is the subject of an investigation relating to
an incident of abuse or neglect of a minor.
(2) Access agency.--The access referred to in paragraph (1)
shall be provided to such officer only through the control
terminal agency relating to such officer's State.
(b) Missing Persons Checks.--The Attorney General shall ensure that
a covered State social services officer has the authority for ``read
only'' electronic access to the databases of the National Crime
Information Center of the Federal Bureau of Investigation for the
purpose of carrying out one or more checks of records relating to
missing persons or warrants. A covered State social service officer
shall use such access only for an investigation relating to a missing
child and shall share any information obtained through such access with
appropriate Federal, State, and local law enforcement agencies to
assist in the recovery of that child.
(c) Covered Officers.--An individual is a covered State social
services officer under subsection (a) or (b), as applicable, if the
head of a State agency responsible for social services submits to the
Attorney General, through the control terminal agency relating to such
officer's State--
(1) a certification that the individual--
(A) is an officer or employee of that agency;
(B) has direct charge over minors in the child
welfare system of that State;
(C) is an appropriate individual to have the
authority under subsection (a) or (b), as applicable;
and
(D) has met all Federal standards for access,
including training, certification, and background
screening; and
(2) such information supporting such certification as the
Attorney General may require.
(d) Definition.--In this section:
(1) The term ``control terminal agency'' means a duly
authorized criminal justice agency with direct access to the
National Crime Information Center telecommunications network
providing statewide (or equivalent) service to its criminal
justice users with respect to the various systems managed by
the Federal Bureau of Investigation's Criminal Justice
Information Services Division.
(2) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
SEC. 3. ACCESS TO III BY NATIONAL CENTER FOR MISSING AND EXPLOITED
CHILDREN.
(a) In General.--Subject to subsection (b), and notwithstanding any
other provision of law, the Attorney General shall ensure that the
following elements of the National Center for Missing and Exploited
Children each have access to the Interstate Identification Index:
(1) The Case Analysis Division.
(2) The Missing Children's Division.
(3) The Exploited Child Unit.
(b) Limitation.--In providing access to an element under subsection
(a), the Attorney General shall ensure that an officer or employee of
that element has such access only if that officer or employee has met
all Federal standards for access, including training, certification,
and background screening.
SEC. 4. PRIVACY PROTECTIONS.
(a) Protection of Information.--Information derived as a result of
a check under section 2, or as a result of access under section 3,
shall not be adjusted, deleted, or altered in any way except as
required by law for national security purposes.
(b) Release of Information.--A covered State social services
officer (under section 2(c)) having information derived as a result of
a check under section 2, or an officer or employee (under section 3(b))
having information derived as a result of access under section 3, may
release that information only to--
(1) another covered State social services officer (under
section 2(c)) or another such officer or employee (under
section 3(b)), as the case may be; or
(2) another person authorized by law to receive that
information.
(c) Criminal Penalties.--Any person who knowingly releases
information in violation of subsection (b) shall be imprisoned not more
than 1 year or fined under title 18, United States Code, or both.
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Protecting Our Children from Violence Act of 2004 - Directs the Attorney General, upon request of the chief executive of a State, to ensure that a covered State social services officer has the authority for online access to the Federal Bureau of Investigation's National Crime Information Center (NCIC) databases and the Interstate Identification Index to carry out criminal history records checks. Limits such authority to a check of an individual who: (1) resided with a minor at the time of an actual or alleged incident of abuse or neglect of that minor, or at the time during which such an incident may have occurred; or (2) is the subject of an investigation relating to an incident of abuse or neglect of a minor.
Requires the Attorney General to ensure that such an officer has the authority for "read only" electronic access to the NCIC databases for the purpose of carrying out checks of records relating to missing persons or warrants. Directs such officer to use access only for an investigation relating to a missing child and to share any information obtained with appropriate Federal, State, and local law enforcement agencies.
Directs the Attorney General to ensure that the Case Analysis Division, the Missing Children's Division, and the Exploited Child Unit of the National Center for Missing and Exploited Children each have access to the Index, subject to specified limitations.
Limits the release of information. Sets criminal penalties for knowingly releasing information in violation of 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 ``Family Opportunity Act of 2005''or
the ``Dylan Lee James Act''.
SEC. 2. REFERENCES; TABLE OF CONTENTS.
(a) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this title an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. References; table of contents.
Sec. 3. Opportunity for families of disabled children to purchase
medicaid coverage for such children.
Sec. 4. Demonstration projects regarding home and community-based
alternative to psychiatric residential
treatment facilities for children.
Sec. 5. Development and support of family-to-family health information
centers.
Sec. 6. Restoration of medicaid eligibility for certain SSI
beneficiaries.
SEC. 3. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE
MEDICAID COVERAGE FOR SUCH CHILDREN.
(a) State Option To Allow Families of Disabled Children To Purchase
Medicaid Coverage for Such Children.--
(1) In general.--Section 1902 (42 U.S.C. 1396a) is
amended--
(A) in subsection (a)(10)(A)(ii)--
(i) by striking ``or'' at the end of
subclause (XVII);
(ii) by adding ``or'' at the end of
subclause (XVIII); and
(iii) by adding at the end the following
new subclause:
``(XIX) who are disabled children
described in subsection (cc)(1);''; and
(B) by adding at the end the following new
subsection:
``(cc)(1) Individuals described in this paragraph are individuals--
``(A) who are children who have not attained 19 years of
age and are born--
``(i) on or after October 1, 1999 (or, at the
option of a State, on or after an earlier date), in the
case of fiscal year 2006;
``(ii) on or after October 1, 1994 (or, at the
option of a State, on or after an earlier date), in the
case of fiscal year 2007; and
``(iii) after October 1, 1988, in the case of
fiscal year 2008 and any fiscal year thereafter;
``(B) who would be considered disabled under section
1614(a)(3)(C) but for having earnings or deemed income or
resources (as determined under title XVI for children) that
exceed the requirements for receipt of supplemental security
income benefits; and
``(C) whose family income does not exceed such income level
as the State establishes and does not exceed--
``(i) 300 percent of the poverty line (as defined
in section 2110(c)(5)) applicable to a family of the
size involved; or
``(ii) such higher percent of such poverty line as
a State may establish, except that--
``(I) any medical assistance provided to an
individual whose family income exceeds 300
percent of such poverty line may only be
provided with State funds; and
``(II) no Federal financial participation
shall be provided under section 1903(a) for any
medical assistance provided to such an
individual.''.
(2) Interaction with employer-sponsored family coverage.--
Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph
(1)(B), is amended by adding at the end the following new
paragraph:
``(2)(A) If an employer of a parent of an individual described in
paragraph (1) offers family coverage under a group health plan (as
defined in section 2791(a) of the Public Health Service Act), the State
shall--
``(i) require such parent to apply for, enroll in, and pay
premiums for such coverage as a condition of such parent's
child being or remaining eligible for medical assistance under
subsection (a)(10)(A)(ii)(XIX) if the parent is determined
eligible for such coverage and the employer contributes at
least 50 percent of the total cost of annual premiums for such
coverage; and
``(ii) if such coverage is obtained--
``(I) subject to paragraph (2) of section 1916(h),
reduce the premium imposed by the State under that
section in an amount that reasonably reflects the
premium contribution made by the parent for private
coverage on behalf of a child with a disability; and
``(II) treat such coverage as a third party
liability under subsection (a)(25).
``(B) In the case of a parent to which subparagraph (A) applies, a
State, subject to paragraph (1)(A)(iii)(II), may provide for payment of
any portion of the annual premium for such family coverage that the
parent is required to pay. Any payments made by the State under this
subparagraph shall be considered, for purposes of section 1903(a), to
be payments for medical assistance.''.
(b) State Option To Impose Income-Related Premiums.--Section 1916
(42 U.S.C. 1396o) is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) With respect to disabled children provided medical
assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph
(2), a State may (in a uniform manner for such children) require the
families of such children to pay monthly premiums set on a sliding
scale based on family income.
``(2) A premium requirement imposed under paragraph (1) may only
apply to the extent that--
``(A) in the case of a disabled child described in that
paragraph whose family income--
``(i) does not exceed 200 percent of the poverty
line, the aggregate amount of such premium and any
premium that the parent is required to pay for family
coverage under section 1902(cc)(2)(A)(i) and other cost
sharing charges do not exceed 5 percent of the family's
income; and
``(ii) exceeds 200, but does not exceed 300,
percent of the poverty line, the aggregate amount of
such premium and any premium that the parent is
required to pay for family coverage under section
1902(cc)(2)(A)(i) and other cost sharing charges do not
exceed 7.5 percent of the family's income; and
``(B) the requirement is imposed consistent with section
1902(cc)(2)(A)(ii)(I).
``(3) A State shall not require prepayment of a premium imposed
pursuant to paragraph (1) and shall not terminate eligibility of a
child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance
under this title on the basis of failure to pay any such premium until
such failure continues for a period of at least 60 days from the date
on which the premium became past due. The State may waive payment of
any such premium in any case where the State determines that requiring
such payment would create an undue hardship.''.
(c) Conforming Amendments.--(1) Section 1903(f)(4) (42 U.S.C.
1396b(f)(4)) is amended in the matter preceding subparagraph (A), by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(2) Section 1905(u)(2)(B) (42 U.S.C. 1396d(u)(2)(B)) is amended by
adding at the end the following sentence: ``Such term excludes any
child eligible for medical assistance only by reason of section
1902(a)(10)(A)(ii)(XIX).''.
(d) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after October 1, 2005.
SEC. 4. DEMONSTRATION PROJECTS REGARDING HOME AND COMMUNITY-BASED
ALTERNATIVE TO PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITIES FOR CHILDREN.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') is authorized to
conduct, during each of fiscal years 2006 through 2010, demonstration
projects (each in the section referred to as a ``demonstration
project'') in accordance with this section under which up to 10 States
(as defined for purposes of title XIX of the Social Security Act) are
awarded grants, on a competitive basis, to test the effectiveness in
improving or maintaining a child's functional level and cost-
effectiveness of providing coverage of home and community-based
alternatives to psychiatric residential treatment for children enrolled
in the medicaid program under title XIX of such Act.
(b) Application of Terms and Conditions.--
(1) In general.--Subject to the provisions of this section,
for the purposes of the demonstration projects, and only with
respect to children enrolled under such demonstration projects,
a psychiatric residential treatment facility (as defined in
section 483.352 of title 42 of the Code of Federal Regulations)
shall be deemed to be a facility specified in section 1915(c)
of the Social Security Act (42 U.S.C. 1396n(c)), and to be
included in each reference in such section 1915(c) to
hospitals, nursing facilities, and intermediate care facilities
for the mentally retarded.
(2) State option to assure continuity of medicaid
coverage.--Upon the termination of a demonstration project
under this section, the State that conducted the project may
elect, only with respect to a child who is enrolled in such
project on the termination date, to continue to provide medical
assistance for coverage of home and community-based
alternatives to psychiatric residential treatment for the child
in accordance with section 1915(c) of the Social Security Act
(42 U.S.C. 1396n(c)), as modified through the application of
paragraph (1). Expenditures incurred for providing such medical
assistance shall be treated as a home and community-based
waiver program under section 1915(c) of the Social Security Act
(42 U.S.C. 1396n(c)) for purposes of payment under section 1903
of such Act (42 U.S.C. 1396b).
(c) Terms of Demonstration Projects.--
(1) In general.--Except as otherwise provided in this
section, a demonstration project shall be subject to the same
terms and conditions as apply to a waiver under section 1915(c)
of the Social Security Act (42 U.S.C. 1396n(c)), including the
waiver of certain requirements under the first sentence of
paragraph (3) of such section but not applying the second
sentence of such paragraph.
(2) Budget neutrality.--In conducting the demonstration
projects under this section, the Secretary shall ensure that
the aggregate payments made by the Secretary under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) do not exceed
the amount by which the Secretary estimates would have been
paid under that title if the demonstration projects under this
section had not been implemented.
(3) Evaluation.--The application for a demonstration
project shall include an undertaking to provide for such
interim and final evaluations of the demonstration project by
independent third parties, and for such interim and final
reports to the Secretary, as the Secretary may require.
(d) Payments to States; Limitations to Scope and Funding.--
(1) In general.--Subject to paragraph (2), a demonstration
project approved by the Secretary under this section shall be
treated as a home and community-based waiver program under
section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c))
for purposes of payment under section 1903 of such Act (42
U.S.C. 1396b).
(2) Limitation.--In no case may the amount of payments made
by the Secretary under this section for State demonstration
projects for a fiscal year exceed the amount available under
subsection (f)(2)(A) for such fiscal year.
(e) Secretary's Evaluation and Report.--The Secretary shall conduct
an interim and final evaluation of State demonstration projects under
this section and shall report to the President and Congress the
conclusions of such evaluations within 12 months of completing such
evaluations.
(f) Funding.--
(1) In general.--For the purpose of carrying out this
section, there are appropriated, from amounts in the Treasury
not otherwise appropriated, for fiscal years 2006 through 2010
a total of $218,000,000, of which--
(A) the amount specified in paragraph (2) shall be
available for each of fiscal years 2006 through 2010;
and
(B) a total of $1,000,000 shall be available to the
Secretary for the evaluations and report under
subsection (f).
(2) Fiscal year limit.--
(A) In general.--For purposes of paragraph (1), the
amount specified in this paragraph for a fiscal year is
the amount specified in subparagraph (B) for the fiscal
year plus the difference, if any, between the total
amount available under this paragraph for prior fiscal
years and the total amount previously expended under
paragraph (1)(A) for such prior fiscal years.
(B) Fiscal year amounts.--The amount specified in
this subparagraph for--
(i) fiscal year 2006 is $21,000,000;
(ii) fiscal year 2007 is $37,000,000;
(iii) fiscal year 2008 is $49,000,000;
(iv) fiscal year 2009 is $53,000,000; and
(v) fiscal year 2010 is $57,000,000.
SEC. 5. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501 (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c)(1)(A) For the purpose of enabling the Secretary (through
grants, contracts, or otherwise) to provide for special projects of
regional and national significance for the development and support of
family-to-family health information centers described in paragraph
(2)--
``(i) there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated--
``(I) $3,000,000 for fiscal year 2006;
``(II) $4,000,000 for fiscal year 2007; and
``(III) $5,000,000 for fiscal year 2008; and
``(ii) there is authorized to be appropriated to the
Secretary, $5,000,000 for each of fiscal years 2009 and 2010.
``(B) Funds appropriated or authorized to be appropriated under
subparagraph (A) shall--
``(i) be in addition to amounts appropriated under
subsection (a) and retained under section 502(a)(1) for the
purpose of carrying out activities described in subsection
(a)(2); and
``(ii) remain available until expended.
``(2) The family-to-family health information centers described in
this paragraph are centers that--
``(A) assist families of children with disabilities or
special health care needs to make informed choices about health
care in order to promote good treatment decisions, cost-
effectiveness, and improved health outcomes for such children;
``(B) provide information regarding the health care needs
of, and resources available for, such children;
``(C) identify successful health delivery models for such
children;
``(D) develop with representatives of health care
providers, managed care organizations, health care purchasers,
and appropriate State agencies a model for collaboration
between families of such children and health professionals;
``(E) provide training and guidance regarding caring for
such children;
``(F) conduct outreach activities to the families of such
children, health professionals, schools, and other appropriate
entities and individuals; and
``(G) are staffed--
``(i) by such families who have expertise in
Federal and State public and private health care
systems; and
``(ii) by health professionals.
``(3) The Secretary shall develop family-to-family health
information centers described in paragraph (2) in accordance with the
following:
``(A) With respect to fiscal year 2006, such centers shall
be developed in not less than 25 States.
``(B) With respect to fiscal year 2007, such centers shall
be developed in not less than 40 States.
``(C) With respect to fiscal year 2008, such centers shall
be developed in all States.
``(4) The provisions of this title that are applicable to the funds
made available to the Secretary under section 502(a)(1) apply in the
same manner to funds made available to the Secretary under paragraph
(1)(A).
``(5) For purposes of this subsection, the term `State' means each
of the 50 States and the District of Columbia.''.
SEC. 6. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI
BENEFICIARIES.
(a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C.
1396a(a)(10)(A)(i)(II)) is amended--
(1) by inserting ``(aa)'' after ``(II)'';
(2) by striking ``) and'' and inserting ``and'';
(3) by striking ``section or who are'' and inserting
``section), (bb) who are''; and
(4) by inserting before the comma at the end the following:
``, or (cc) who are under 21 years of age and with respect to
whom supplemental security income benefits would be paid under
title XVI if subparagraphs (A) and (B) of section 1611(c)(7)
were applied without regard to the phrase `the first day of the
month following'''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance for items and services furnished on or
after January 1, 2006.
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Family Opportunity Act of 2005 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to give States the option of allowing families of disabled children to purchase Medicaid coverage for such children.
Authorizes the Secretary of Health and Human Services to conduct demonstration projects under which up to ten States are awarded grants, on a competitive basis, to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community-based alternatives to psychiatric resident treatment for children enrolled in the Medicaid program.
Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary for special projects of regional and national significance for development and support of family-to-family health information centers.
Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain SSI (Supplemental Security Income) (SSA title XVI) beneficiaries under age 21.
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Create a summary of the following text: SECTION 1. CONTINUITY OF MEDICARE PRESCRIPTION DRUG COVERAGE FOR FULL-
BENEFIT DUAL ELIGIBLE INDIVIDUALS.
(a) In General.--Section 1860D-2(a) of the Social Security Act (42
U.S.C. 1395w-102(a)) is amended--
(1) in paragraph (1), by inserting ``subject to paragraph
(6),'' after ``part C''; and
(2) by adding at the end the following new paragraph:
``(6) Continuation of medicare coverage for certain
prescriptions for full-benefit dual eligible individuals.--In
the case of an individual who, as of the date the individual is
first enrolled under a prescription drug plan under this part
(or an MA-PD plan under part D), is a full-benefit dual
eligible individual and is being provided medical assistance
for a covered part D drug under title XIX, qualified
prescription drug coverage must include coverage for such drug
unless a prescribing physician certifies that the coverage of
such drug is not medically necessary, regardless of whether the
individual subsequently remains a full-benefit dual eligible
individual.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 2. MEDICARE PRESCRIPTION DRUG COVERAGE OF BENZODIAZEPINES.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-112(e)(2)(A)) is amended by inserting after
``agents)'' the following: ``and other than subparagraph (J) of such
section (relating to benzodiazepines)''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. PERMITTING STATE MEDICAID PROGRAMS TO COVER MEDICARE
PRESCRIPTION DRUG COPAYMENTS FOR FULL-BENEFIT DUAL
ELIGIBLE INDIVIDUALS.
(a) In General.--Section 1935(d) of the Social Security Act (42
U.S.C. 1396u-5(d)) is amended by adding at the end the following new
paragraph:
``(3) Optional coverage of medicare prescription drug cost-
sharing.--Notwithstanding paragraph (1), a State may, at its
option, provide medical assistance under the plan under this
title for the deductible and cost-sharing imposed under a
prescription drug plan (or an MA-PD plan) for full-benefit dual
eligible individuals and payment shall be available under
section 1903(a) with respect to such assistance provided. ''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. MEDICARE COVERAGE OF OFF-LABEL USES OF PRESCRIPTION DRUGS AND
BIOLOGICALS.
(a) In General.--Section 1860D--2(e) of the Social Security Act (42
U.S.C. 1395w-102(e)) is amended at the end by adding the following new
paragraph:
``(4) Rule of Construction.--Nothing in this subsection shall be
construed as excluding from the definition of the term `covered part D
drug'--
``(A) a drug described in paragraph (1)(A) on the sole
basis that such drug is prescribed by a physician for a use
other than a use included in the labeling of such drug pursuant
to the approval of the safety and effectiveness of such drug as
a prescription drug under section 505 or 507 of the Federal
Food, Drug, and Cosmetic Act or approval of such drug under
section 505(j) of such Act; or
``(B) a biological product described in paragraph (1)(B) on
the sole basis that such product is prescribed by a physician
for a use other than a use included in the labeling of such
product pursuant to the licensure of such product under section
351 of the Public Health Service Act;
even if the unlabeled use of the drug or product is not included in a
standard clinical reference compendia used by clinicians for purposes
of providing guidance to such clinicians with respect to unlabeled uses
of such a drug or product.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 5. AUTHORIZATION FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO
WAIVE DENIAL OF PRESCRIPTION DRUG COVERAGE.
(a) In General.--Section 1860D-4(h) of the Social Security Act (42
U.S.C. 1395w-104(h)) is amended at the end by adding the following new
paragraph:
``(4) Authorization for Secretary to Waive Denial of Prescription
Drug Coverage.--After a part D eligible individual has exhausted all
rights of such individual under this subsection and subsection (g),
with respect to a determination made under this subsection or
subsection (g) for a prescription drug plan not to provide for coverage
of a covered part D drug (or a determination related to the application
of tiered cost-sharing described in subsection (g)(2)), the individual
may apply to the Secretary for a waiver that requires the prescription
drug plan to provide for such coverage (or provide for an exception to
the structure of such tiered cost-sharing). Upon receipt of such
application, the Secretary may grant such waiver if the prescribing
physician certifies that the coverage of such prescription drug is
medically necessary with respect to the individual.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 6. HOLDING PHARMACIES HARMLESS FOR CERTAIN COSTS INCURRED DURING
IMPLEMENTATION OF MEDICARE PART D.
(a) In General.--The Secretary of Health and Human Services shall
provide for such payments to pharmacies as may be necessary to
reimburse pharmacies fully for--
(1) transaction fees associated with any point-of-sale
facilitated identification and enrollment process established
by the Secretary to facilitate, at point of sale, the
identification of drug plan assignment of full-benefit dual
eligible individuals (as defined in section 1935(c)(6) of the
Social Security Act (42 U.S.C. 1396u-5(c)(6)) or the enrollment
of previously unidentified or new full-benefit dual eligible
individuals into Medicare prescription drug coverage under part
D of title XVIII of the Social Security Act;
(2) costs associated with technology or software upgrades
necessary to make any identification and enrollment inquiries
as part of a process described in paragraph (1); and
(3) costs of providing prescription drugs and biological
products to part D eligible individuals (as defined in section
1860D-1(a)(3)(A) of such Act (42 U.S.C. 1395w-101(a)(3)(A))
whose prescription drug plans could not be identified, if the
pharmacy involved was not reimbursed for such costs upon
completion of plan reconciliation.
(b) Time.--Payments under subsection (a) shall be made with respect
to fees and costs incurred during the period beginning on December 1,
2005, and ending on June 1, 2006.
(c) Payments From Account.--Payments under subsection (a) shall be
made from the Medicare Prescription Drug Account under section 1860D-16
of the Social Security Act (42 U.S.C. 1395w-116) and shall be deemed to
be payments from such Account under subsection (b) of such section.
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Amends part D (Voluntary Prescription Drug Benefit Program ) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for continuity of coverage of prescription drugs under Medicare prescription drug plans for full-benefit dual eligible individuals.
Provides for Medicare prescription drug coverage of benzodiazepines and of off-label uses of prescription drugs and biologicals.
Amends SSA title XIX (Medicaid) to permit state Medicaid programs to cover Medicare prescription drug copayments for full-benefit dual eligible individuals.
Amends SSA title XVIII to authorize the Secretary of Health and Human Services to waive denial of Medicare prescription drug coverage.
Directs the Secretary to provide for payments from the Medicare Prescription Drug Account necessary to reimburse pharmacies fully for: (1) transaction fees associated with any point-of-sale facilitated identification and enrollment process established to facilitate, at point of sale, the identification of drug plan assignment of full-benefit dual eligible individuals or the enrollment of previously unidentified or new full-benefit dual eligible individuals into Medicare prescription drug coverage; (2) costs associated with technology or software upgrades necessary to make any inquiries as part of a identification and enrollment process; and (3) costs of providing prescription drugs and biological products to part D eligible individuals whose prescription drug plans could not be identified, if the pharmacy involved as not reimbursed for such costs upon completion of plan reconciliation.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close Big Oil Tax Loopholes Act''.
SEC. 2. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT
COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is an applicable large taxpayer
(as defined in section 193(d)(2)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2010.
SEC. 3. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Application With Respect to Certain Large Taxpayers.--
``(1) In general.--This section shall not apply to amounts
paid or incurred by a taxpayer in any taxable year in which
such taxpayer is an applicable large taxpayer.
``(2) Applicable large taxpayer.--For purposes of this
section, the term `applicable large taxpayer' means, with
respect to any taxable year, any taxpayer with gross revenues
for such taxable year in excess of $100,000,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2010.
SEC. 4. LIMITATION ON EXCEPTION FROM PASSIVE ACTIVITY RULES FOR WORKING
INTERESTS IN OIL OR GAS PROPERTY.
(a) In General.--Paragraph (3) of section 469(c) of the Internal
Revenue Code of 1986 is amended--
(1) in subparagraph (A), by striking ``the taxpayer'' and
inserting ``a taxpayer (other than an a taxpayer who is an
applicable large taxpayer (as defined in section 193(d)(2)) for
the taxable year)'', and
(2) in subparagraph (B), by inserting ``other than an a
taxpayer who is an applicable large taxpayer (as so defined)
for the taxable year'' after ``any taxpayer''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 5. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application With Respect to Certain Large Taxpayers.--In the
case of any taxable year in which the taxpayer is an applicable large
taxpayer (as defined in section 193(d)(2)), the allowance for
percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 6. LIMITATION ON DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY PRODUCTS
THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is an
applicable large taxpayer (as defined in section
193(d)(2)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 7. EXPANSION OF 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES TO APPLICABLE LARGE TAXPAYERS.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 is amended by inserting ``or an
applicable large taxpayer (as defined in section 193(d)(2))'' after
``major integrated oil company''.
(b) Conforming Amendment.--The heading for paragraph (5) of section
167(h) of such Code is amended by inserting ``and applicable large
taxpayers'' after ``oil companies''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2010.
SEC. 8. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM THE OUTER
CONTINENTAL SHELF IN THE GULF OF MEXICO.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end the following new chapter:
``CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE
OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO
``Sec. 5896. Imposition of tax.
``Sec. 5897. Taxable crude oil or natural gas and removal price.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed a tax equal to 13 percent of the removal
price of any taxable crude oil or natural gas removed from the premises
during any taxable period.
``(b) Credit for Federal Royalties Paid.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by subsection (a) with respect to the
production of any taxable crude oil or natural gas an amount
equal to the aggregate amount of royalties paid under Federal
law with respect to such production.
``(2) Limitation.--The aggregate amount of credits allowed
under paragraph (1) to any taxpayer for any taxable period
shall not exceed the amount of tax imposed by subsection (a)
for such taxable period.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil or natural gas.
``SEC. 5897. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL PRICE.
``(a) Taxable Crude Oil or Natural Gas.--For purposes of this
chapter, the term `taxable crude oil or natural gas' means crude oil or
natural gas which is produced from Federal submerged lands on the outer
Continental Shelf in the Gulf of Mexico pursuant to a lease entered
into with the United States which authorizes the production.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means--
``(A) in the case of taxable crude oil, the amount
for which a barrel of such crude oil is sold, and
``(B) in the case of taxable natural gas, the
amount per 1,000 cubic feet for which such natural gas
is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil or gas removed from property before sale.--If
crude oil or natural gas is removed from the property before it
is sold, the removal price shall be the constructive sales
price for purposes of determining gross income from the
property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Administrative Requirements.--
``(1) Withholding and deposit of tax.--The Secretary shall
provide for the withholding and deposit of the tax imposed
under section 5896 on a quarterly basis.
``(2) Records and information.--Each taxpayer liable for
tax under section 5896 shall keep such records, make such
returns, and furnish such information (to the Secretary and to
other persons having an interest in the taxable crude oil or
natural gas) with respect to such oil as the Secretary may by
regulations prescribe.
``(3) Taxable periods; return of tax.--
``(A) Taxable period.--Except as provided by the
Secretary, each calendar year shall constitute a
taxable period.
``(B) Returns.--The Secretary shall provide for the
filing, and the time for filing, of the return of the
tax imposed under section 5896.
``(b) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil or natural
gas.
``(2) Crude oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(3) Premises and crude oil product.--The terms `premises'
and `crude oil product' have the same meanings as when used for
purposes of determining gross income from the property under
section 613.
``(c) Adjustment of Removal Price.--In determining the removal
price of oil or natural gas from a property in the case of any
transaction, the Secretary may adjust the removal price to reflect
clearly the fair market value of oil or natural gas removed.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
(b) Deductibility of Tax.--The first sentence of section 164(a) of
the Internal Revenue Code of 1986 (relating to deduction for taxes) is
amended by inserting after paragraph (5) the following new paragraph:
``(6) The tax imposed by section 5896(a) (after application
of section 5896(b)) on the severance of crude oil or natural
gas from the outer Continental Shelf in the Gulf of Mexico.''.
(c) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. Tax on severance of crude
oil and natural gas from the
outer Continental Shelf in the
Gulf of Mexico.''.
(d) Effective Date.--The amendments made by this section shall
apply to crude oil or natural gas removed after the date of the
enactment of this Act.
SEC. 9. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
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Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to deny to taxpayers with gross revenues in excess of $100 million in a taxable year (applicable large taxpayers): (1) the tax deduction for intangible drilling and development costs; (2) the tax deduction for qualified tertiary injectant expenses; (3) the exemption from restrictions on the deductibility of passive losses; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof.
Requires applicable large taxpayers to amortize their geological and geophysical expenditures over a seven-year period.
Imposes on producers of taxable crude oil or natural gas a 13% excise tax on the removal price of such oil and natural gas produced from lands on the Outer Continental Shelf in the Gulf of Mexico. Allows a nonrefundable credit against such tax for royalties paid under federal law with respect to the production of such crude oil and natural gas.
Denies a foreign tax credit to any large integrated oil company that is subject to a levy of a foreign country or possession of the United States and receives an economic benefit from such country or possession (dual capacity taxpayer) if such country or possession does not impose a generally applicable income tax.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Forensic Evidence
Registry Act of 2012'' or the ``SAFER Act of 2012''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2014 through 2018, not less than 5 percent, but
not more than 10 percent, of the grant amounts distributed
under paragraph (1) shall, if sufficient applications to
justify such amounts are received by the Attorney General, be
awarded for purposes described in subsection (a)(6), provided
that none of the funds required to be distributed under this
paragraph shall decrease or otherwise limit the availability of
funds required to be awarded to States or units of local
government under paragraph (3).''; and
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State or
unit of local government--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6)--
``(A) may not enter into any contract or agreement
with any non-governmental vendor laboratory to conduct
an audit described in subsection (a)(6); and
``(B) shall--
``(i) not later than 1 year after receiving
such grant--
``(I) complete the audit referred
to in paragraph (1)(A) in accordance
with the plan submitted under such
paragraph; and
``(II) for each sample of sexual
assault evidence identified in such
audit, subject to paragraph (4), enter
into the Sexual Assault Forensic
Evidence Registry established under
subsection (o) the information listed
in subsection (o)(2);
``(ii) not later than 21 days after
receiving possession of a sample of sexual
assault evidence that was not in the possession
of the State or unit of local government at the
time of the initiation of such audit, subject
to paragraph (4), enter into the Sexual Assault
Forensic Evidence Registry the information
listed in subsection (o)(2) with respect to the
sample;
``(iii) not later than 30 days after a
change in the status referred to in subsection
(o)(2)(A)(v) of a sample with respect to which
the State or unit of local government has
entered information into such Registry, update
such status; and
``(iv) provide that--
``(I) the chief law enforcement
officer of the State or unit of local
government, respectively, is the
individual responsible for the
compliance of the State or unit of
local government, respectively, with
the registry requirements under this
subparagraph; or
``(II) the designee of such officer
may fulfill the responsibility
described in subclause (II) so long as
such designee is an employee of the
State or unit of local government,
respectively, and is not an employee of
any governmental laboratory or non-
governmental vendor laboratory.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph
(2)(B)(i) to a State or unit of local government that
demonstrates that more time is required for compliance with
such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--
``(i) In general.--The term `possession',
used with respect to possession of a sample of
sexual assault evidence by a State or unit of
local government, includes possession by an
individual who is acting as an agent of the
State or unit of local government for the
collection of the sample.
``(ii) Rule of construction.--Nothing in
clause (i) shall be construed to create or
amend any Federal rights or privileges for non-
governmental vendor laboratories described in
regulations promulgated under section 210303 of
the DNA Identification Act of 1994 (42 U.S.C.
14131).''.
SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135), as amended by section 2 of this Act, is
further amended by adding at the end the following new subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of the enactment of this subsection,
the Attorney General shall establish a Sexual Assault Forensic
Evidence Registry (in this section referred to as the
`Registry') that--
``(A) is administered by the Department of Justice;
``(B) allows States and units of local government
to enter information into the Registry about samples of
sexual assault evidence that are in the possession of
such States or units of local government and are
awaiting testing; and
``(C) tracks the testing and processing of such
samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local
government that chooses to enter information into the
Registry about a sample of sexual assault evidence
shall include the following information:
``(i) The date of the sexual assault to
which the sample relates.
``(ii) The city, county, or other
appropriate locality where the sexual assault
occurred.
``(iii) The date on which the sample was
collected.
``(iv) The date on which information about
the sample was entered into the Registry.
``(v) The status of the progression of the
sample through testing and other stages of the
evidentiary handling process, limited to the
following information:
``(I) The identity of the entity in
possession of the sample of untested
sexual assault evidence by the State or
unit of local government.
``(II) The identification of the
sample of untested sexual assault
evidence by the State or unit of local
government.
``(III) The submission of the
sample of untested sexual assault
evidence to a laboratory for analysis,
or the decision of the State or unit of
local government to indefinitely
refrain from submitting the sample.
``(IV) The completion of the
analysis of the sample of untested
sexual assault evidence, or the
decision of the State or unit of local
government to indefinitely refrain from
analyzing the sample of untested sexual
assault evidence.
``(vi) The date or dates after which the
State or unit of local government would be
barred by any applicable statutes of
limitations from prosecuting a perpetrator of
the sexual assault for the sexual assault.
``(B) Personally identifiable information.--The
Attorney General shall ensure that the Registry does
not include personally identifiable information or
details about a sexual assault that might lead to the
identification of the individuals involved, except the
information listed in subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local
government that chooses to enter information about a
sample of sexual assault evidence into the Registry
shall assign to the sample a unique numeric or
alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of
local government may use a case-numbering system used
for other purposes, but the Attorney General shall
ensure that the identifier assigned to each sample is
unique with respect to all samples entered by all
States and units of local government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample of
sexual assault evidence into the Registry shall, not later than
30 days after a change in the status of the sample referred to
in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available, on an appropriate Internet website,
aggregate non-individualized and non-personally identifying
data compiled from information required to be entered into the
registry under paragraph (2)(A), to allow for comparison of
backlog data by State and unit of local government.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does
not have access to the Internet may enter information
into the Registry; and
``(B) provide the technical assistance necessary to
allow States and units of local government to
participate in the Registry.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to require that any State or unit of local
government participate in the Sexual Assault Forensic Evidence
Registry established under this subsection unless the State or
unit of local government--
``(A) accepts a grant awarded under subsection (n);
or
``(B) the State or unit of local government
expressly agrees to participate in the registry in
accordance with the conditions enumerated in this
subsection.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)'';
(2) by striking ``2014'' and inserting ``2018''; and
(3) by adding at the end the following new sentence: ``For
each of the fiscal years 2014 through 2018, not less than 1
percent of the amount authorized to be appropriated under the
previous sentence for such fiscal year shall be for carrying
out subsection (o).''.
SEC. 4. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as amended by section 2, the
Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 2; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog Act
of 2000, as added by section 3(a), including the number of
samples that have not been tested.
SEC. 5. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2018''; and
(2) by adding at the end the following:
``(C) For each of fiscal years 2014 through 2018,
not less than 75 percent of the total grant amounts
shall be awarded for a combination of purposes under
paragraphs (1), (2), and (3) of subsection (a).''.
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Sexual Assault Forensic Evidence Registry Act of 2012 or the SAFER Act of 2012 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to conduct audits of samples of sexual assault evidence that are awaiting testing, provided such government submits an audit plan that includes a good-faith estimate of the number of such samples. Requires between 5% and 10% of Debbie Smith grant funds distributed in FY2014-FY2018 to be awarded for such purpose if sufficient applications to justify such amounts are received by the Attorney General, provided such award doesn't decrease funds for other distribution requirements.
Requires the Attorney General to establish a Sexual Assault Forensic Evidence Registry that: (1) allows state and local governments to enter specified information about samples of sexual assault evidence in their possession that are awaiting testing, and (2) tracks the testing and processing of such samples. Requires such a government: (1) to complete a funded audit and enter such information about the sample into the Registry within one year after receiving a grant under this Act; (2) within 21 days after receiving a sample that was not in such government's possession at the time of the initiation of such audit, to enter information about such sample into the Registry; (3) to update the status of a sample within 30 days after any change; (4) to provide that the chief law enforcement officer of such government is the individual responsible for such government's compliance with registry requirements; and (5) to assign each sample a unique numeric or alphanumeric identifier. Exempts from such Registry-requirements samples that are not considered criminal evidence or that relate to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations.
Requires the Attorney General to make publicly available on a website aggregate non-individualized and non-personally identifying data compiled from information required to be entered into the Registry, to allow for comparison of backlog data by state and local governments.
Requires, for each fiscal year through FY2018, not less than: (1) 40% of Debbie Smith grant amounts to be awarded to carry out DNA analyses of samples from crime scenes for inclusion in the Combined DNA Index System, and (2) 75% of grant amounts to be awarded for a combination of that purpose and to increase the capacity of state or local government laboratories to carry out DNA analyses.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Former Bennett Freeze Area
Development Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ONHIR.--The term ``ONHIR'' means the Office of Navajo
and Hopi Indian Relocation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Trust fund.--The term ``Trust Fund'' means the Former
Bennett Freeze Area Rehabilitation Trust Fund established under
this Act.
SEC. 3. ONHIR TRANSITION.
(a) Request by Tribe; Authorized Programs.--Upon the request of the
Navajo Nation or the Hopi Tribe by tribal resolution, the Commissioner
of the Office of Navajo and Hopi Indian Relocation shall enter into a
self-determination contract or contracts with the requesting Indian
tribe to plan, conduct, and administer programs, functions, services,
or activities (or portion thereof), including construction programs
administered by the Commissioner that pertain directly to the
requesting Indian tribe. Programs, functions, services, or activities
contracted under this subsection shall include administrative functions
of the Office of Navajo and Hopi Indian Relocation that support the
delivery of services to Indians, including those administrative
activities supportive of, but not included as part of, the service
delivery programs described in this subsection that are otherwise
contractable. Such administrative functions shall be contractable
without regard to the organizational level within the Office of Navajo
and Hopi Indian Relocation that carries out such functions.
(b) Regulations.--The Commissioner shall issue regulations
implementing subsection (a) that, to the maximum extent feasible--
(1) parallel the requirements of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450f);
and
(2) reflect the independent agency status of the Office of
Navajo and Hopi Indian Relocation.
SEC. 4. FORMER BENNETT FREEZE AREA REHABILITATION TRUST FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a trust fund to be known as the Former Bennett Freeze
Area Rehabilitation Trust Fund, which shall consist of the funds
appropriated pursuant to subsection (f) of this section and any
interest or investment income accrued on such funds.
(b) Secretary as Trustee; Investment of Funds.--The Secretary shall
be the trustee of the Former Bennett Freeze Area Rehabilitation Trust
Fund and shall be responsible for investment of the funds in such Trust
Fund. Notwithstanding the foregoing, upon receipt and approval of a
plan for the use of those funds consistent with subsection (c), the
Secretary shall transfer these funds to the Navajo-Hopi Land Commission
Office of the Navajo Nation, or its designee, as trustee.
(c) Availability of Funds; Purposes.--Funds in the Former Bennett
Freeze Area Rehabilitation Trust Fund, including any interest or
investment accruing thereon, shall be available to the Navajo Nation
solely for purposes which will contribute to the continuing
rehabilitation and improvement of the economic, housing,
infrastructure, health, educational, and social condition of families,
and Navajo communities, that have been affected by the former Bennett
Freeze.
(d) Deposits to Trust Fund.--The Trust Fund shall consist of--
(1) a set-aside each fiscal year of 0.75 percent of any
amounts appropriated for the Operation of Indian Programs
budget of the Bureau of Indian Affairs;
(2) a set-aside each fiscal year of 5.0 percent of any
amounts appropriated for the Indian Housing Block Grant Program
under title I of the Native American Housing and Self-
Determination Act of 1996;
(3) a set-aside each fiscal year of 0.75 percent of any
amounts appropriated for the Rural Development Program (title
III); and
(4) any amounts appropriated, transferred, or credited to
the Trust Fund under any provision of law.
(e) Termination of Trust Fund.--The Rehabilitation Trust Fund shall
terminate when, upon petition by the Navajo Nation, the Secretary
determines that the goals of the Trust Fund have been met. All funds in
the Trust Fund on such date shall be transferred to the Treasury.
(f) Authorization of Appropriations; Reimbursement of General
Fund.--There is hereby authorized to be appropriated for the Former
Bennett Freeze Area Rehabilitation Trust Fund such sums as may be
necessary for each of fiscal years 2011 through 2025.
SEC. 5. MISCELLANEOUS.
(a) Expansion of ONHIR Authority.--Section 12 of Public Law 93-531
(25 U.S.C. 640d-11(d)) is amended by adding at the end the following:
``(4) The Commissioner is authorized to carry out a
rehabilitation program to redress the effects of Federal
development restrictions (commonly referred to as the `Bennett
Freeze') in the western portion of the Navajo Reservation. This
program shall be limited to housing construction and
renovation, infrastructure improvements, and economic
development initiatives.
``(5) There are authorized to be appropriated such sums as
may be necessary to carry out the program described in
paragraph 4.''.
(b) Navajo Rehabilitation Trust Fund.--Section 32 of Public Law 93-
531 (25 U.S.C. 640d-30) is amended--
(1) in the first sentence of subsection (f), by striking
``and the United States has been reimbursed for funds
appropriated under subsection (f) of this section'';
(2) in the first sentence of subsection (g), by striking
``1990, 1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ``2011, 2012, 2013,
2014, and 2015.''; and
(3) in subsection (g), by striking the second sentence.
(c) Relocation of Households and Members.--Section 1 of Public Law
93-531 (25 U.S.C. 640d) is amended by adding at the end the following
new subsection:
``(f) The Navajo Nation has the right to negotiate and approve an
Accommodation Agreement with the Hopi Tribe for any Navajo head of
household residing on Hopi Partitioned Land that has not otherwise
entered into an Accommodation Agreement but intends to remain on the
Hopi Partitioned Land.''.
(d) Relinquishment of Accommodation Agreement and Eligibility for
Relocation Benefits.--The Navajo-Hopi Land Dispute Settlement Act of
1996 is amended by adding a new section 13 as follows:
``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.
``Notwithstanding any other provision of this Act, the Settlement
Agreement, or the Accommodation Agreement, any Navajo family that has
entered into an Accommodation Agreement shall have the right--
``(1) to relinquish that Agreement at any time up until the
closure of the Office of Navajo and Hopi Indian Relocation; and
``(2) after relinquishment under paragraph (1), to receive
the full relocation benefits to which the family would
otherwise have been entitled had the family not signed the
Accommodation Agreement, including relocation housing,
counseling, and other services.''.
(e) Appropriations.--There are authorized to be appropriated such
sums as are necessary to carry out the programs set forth in the
amendments made by this section. Funds appropriated under this
subsection shall be in addition to funds made available for use on the
Navajo and Hopi Reservations out of appropriations heretofore or
hereafter granted for the benefit, care, or assistance of Indians in
general, or made pursuant to other authorizations in effect on the date
of the enactment of this Act.
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Former Bennett Freeze Area Development Act - Requires the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR), by request of the Navajo Nation or the Hopi Tribe by tribal resolution, to enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities, including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe.
Establishes the Former Bennett Freeze Area Rehabilitation Trust Fund in the Treasury.
Makes amounts in the Fund available to the Navajo Nation solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, housing, infrastructure, health, educational, and social condition of families, and Navajo communities, that have been affected by the former Bennett Freeze.
Authorizes the Commissioner to carry out a rehabilitation program to redress the effects of federal development restrictions (Bennett Freeze) in the western portion of the Navajo Reservation, limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. Repeals requirements that: (1) the United States be reimbursed for funds appropriated to the Navajo Rehabilitation Trust Fund before its termination; and (2) the income derived by the Navajo Tribe from the surface and mineral estates of certain lands located in New Mexico acquired for the Tribe's benefit be used to reimburse the General Fund of the U.S. Treasury. Reauthorizes the Fund.
Grants the Navajo Nation the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into such Agreement but intends to remain on the Land.
Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to grant any Navajo family that has entered into an Accommodation Agreement the right to: (1) relinquish that Agreement at any time up until the closure of the ONHIR; and after such relinquishment (2) receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed such Agreement, including relocation housing, counseling, and other services.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reasonable Search Standards Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During fiscal years 1997 and 1998 approximately
140,000,000 people entered the United States on international
flights.
(2) Customs Service personnel selected about 102,000
passengers for further inspection.
(3) Of the 102,000 passengers, 95 percent were searched by
Customs Service personnel for contraband or hidden weapons by
patting the passenger's clothed body, 4 percent were strip
searched, and 1 percent were subjected to an x-ray examination.
(4) Generally passengers of particular races and gender
were more likely than other passengers to be subjected to more
intrusive types of personal searches.
(5) However, in some cases the types of passengers who were
more likely to be subjected to more intrusive personal searches
were not as likely to be found carrying contraband.
(6) African-American women were nearly 3 times as likely as
African-American men to be strip-searched, even though they
were only half as likely to be found carrying contraband.
(7) African-American men and women were nearly 9 times as
likely, and Hispanic men and women were nearly 4 times as
likely, as white American men and women to be x-rayed, even
though they were no more likely to be found carrying
contraband.
SEC. 3. DEFINITIONS.
In this Act:
(1) Customs service personnel.--The term ``Customs Service
personnel'' means employees of the United States Customs
Service who are responsible for inspecting, searching,
interviewing, or examining people entering the United States.
(2) Intrusive nonroutine search.--The term ``intrusive
nonroutine search'' means any of the following actions taken to
detect or remove contraband from a person:
(A) A search involving the removal of some of a
person's clothing to search for merchandise hidden on a
person's body, but not including removal of a person's
coat, shoes, belt, or pocket contents (commonly
referred to as a ``strip search'').
(B) A search involving use of a medical x-ray to
determine the presence of merchandise within the body,
or of other x-ray technology to determine the presence
of merchandise on the body, including a body scan
search (commonly referred to as an ``x-ray search'' or
a ``body scan search'').
(C) Any visual or physical intrusion into the
rectal or vaginal cavity (commonly referred to as a
``body cavity search'').
(D) Any action to require the individual to take a
laxative or other similar drug.
(E) A monitored bowel movement.
(F) A surgical procedure.
(G) Any action similar or related to an action
described in any of subparagraphs (A) through (F).
(3) Pat down search.--The term ``pat down search'' means a
search that involves physical contact with a person's body or
clothing to detect or remove contraband from the individual,
but does not include any of the actions described in
subparagraphs (A) through (F) of paragraph (1).
(4) Profiling.--The term ``profiling'' means identifying
persons entering the United States for inspection, search
(including intrusive nonroutine searches and pat down
searches), interview, or examination in whole or in part on the
basis of actual or perceived race, religion, gender, national
origin, or sexual orientation.
SEC. 4. PROHIBITION ON RACIAL OR OTHER DISCRIMINATORY PROFILING BY
CUSTOMS SERVICE PERSONNEL.
Customs Service personnel shall not subject travelers to detention,
pat down searches, intrusive nonroutine searches, or similar
investigative actions, based in whole or in part on the actual or
perceived race, religion, gender, national origin, or sexual
orientation, except when Customs Service personnel are acting upon
specific information that a particular traveler suspected of engaging
in specific illegal activity is described by 1 or more of such
characteristics.
SEC. 5. OTHER REQUIREMENTS RELATING TO SEARCHES.
Before subjecting an individual to a pat down search or an
intrusive nonroutine search, Customs Service personnel shall document
reasons to support the belief that the individual may be carrying
contraband in violation of Federal law. The preceding requirement shall
not apply to a situation in which Customs Service personnel suspect the
individual is carrying a weapon.
SEC. 6. PERIODIC TRAINING OF CUSTOMS SERVICE PERSONNEL.
The Commissioner of Customs shall require all Customs Service
personnel to undergo, on a periodic basis, training on the procedures
for identifying, detaining, and searching passengers, with particular
emphasis on the prohibition on profiling. The training shall include a
review of the reasons identified by Customs Service personnel for
certain searches under section 5, the results of the searches
conducted, and the effectiveness of the criteria used by Customs
Service personnel.
SEC. 7. ANNUAL STUDY AND REPORT ON DETENTIONS AND SEARCHES OF
INDIVIDUALS BY CUSTOMS SERVICE PERSONNEL.
(a) Study.--The Commissioner of Customs shall conduct a study on
detentions and searches of persons by Customs Service personnel during
the preceding calendar year. The study shall include the number of
searches conducted by Customs Service personnel, the race, gender, and
citizenship of the travelers subject to the searches, the type of
searches conducted (including pat down searches and intrusive
nonroutine searches) and the results of the searches.
(b) Report.--Not later than March 31 of each year, the Commissioner
of Customs shall submit to Congress an annual report containing the
results of the study conducted under subsection (a) for the preceding
calendar year.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2001 and each fiscal year thereafter such sums as may be necessary
to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available until expended.
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Requires Customs Service personnel, before a pat down or intrusive nonroutine search, to document reasons to support a belief that an individual may be carrying contraband in violation of Federal law. Waives such requirement with respect to anyone suspected of carrying a weapon.
Instructs the Commissioner of Customs to require Customs Service personnel to undergo periodic training on identification, detention, and search procedures, with particular emphasis on profiling proscriptions.
Directs the Commissioner to study and report annually to Congress on detentions and searches of persons by Customs Service personnel during the preceding calendar year.
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 ``Detection Canine Augmentation Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Detection canines are an important part of a layered
homeland security system to prepare for, respond to, mitigate
against, and prevent acts of terrorism.
(2) Detection canines can be deployed quickly and can move
easily throughout a variety of areas, including mass transit
systems, airports, cargo areas, sea ports, the Nation's
borders, ports of entry, office buildings, and stadiums.
(3) Detection canines can be trained to detect a variety of
items, such as explosives, narcotics, concealed humans, and
cadavers.
(4) Detection canines can be utilized in situations where
detection technologies are unavailable, immobile, or not cost-
effective.
(5) There is a shortage of detection canines available to
assist Federal, State, and local law enforcement personnel as
they put their lives at risk daily to protect the Nation.
(6) The Congress has authorized 2,000 new Border Patrol
agents for each of the next 5 years without a corresponding
increase in the number of detection canines deployed with these
Border Patrol agents.
(7) Detection canines have been deployed to the Nation's
busiest airports. However, the Transportation Security
Administration must increase the capacity of its canine
training program in order to train and deploy canines to the
Nation's mass transit systems.
(8) Urban search and rescue canines and cadaver detection
canines were used effectively in the Gulf Coast region to
respond to Hurricanes Katrina and Rita.
(9) The Bureau of United States Customs and Border
Protection, the United States Secret Service, the Coast Guard,
and the Federal Protective Service regularly use detection
canines to secure National Special Security Events, protect
Federal buildings and their occupants, and protect the Nation's
sea ports.
(10) The Subcommittee on Management, Integration, and
Oversight of the Committee on Homeland Security of the House of
Representatives held a hearing on September 28, 2005, regarding
the use of detection canines in support of homeland security
activities. At the hearing, Subcommittee Members were informed
by several Federal agencies, a local transit police department,
a private canine security company, and a university-based
canine training center that there is a shortage of trained
detection canines.
SEC. 3. INCREASING THE NUMBER OF TRAINED DETECTION CANINES.
In each of fiscal years 2007 through 2011, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase the number of trained detection canines as
follows:
(1) Customs and border protection.--Increase by not less
than 25 percent the number of trained canine detection teams
deployed at and between the Nation's ports of entry.
(2) Transportation security administration.--Increase by
not less than 25 percent the number of trained detection
canines deployed at the Nation's airports and mass transit
systems.
(3) Coast guard, united states secret service, federal
protective service, and federal emergency management agency.--
Increase by not less than 25 percent the number of trained
detection canine teams available to Coast Guard stations,
Secret Service operations, and Federal Protective Service
operations across the country, and to the Federal Emergency
Management Agency to ensure their availability as needed in
emergencies.
SEC. 4. COORDINATION AND ENHANCEMENT OF CANINE TRAINING PROGRAMS.
(a) In General.--The Secretary of Homeland Security shall--
(1) fully coordinate the Department of Homeland Security's
canine training programs that support the Department's counter-
terrorism, counter-smuggling, transportation security, border
security, and other missions, including with respect to the
research and development of new training methods;
(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
(3) consider ways to use detection canines trained by other
Federal agencies, non-profit organizations, universities, and
private training facilities in order to increase the number of
trained detection canines available to Federal, State, and
local law enforcement agencies.
(b) Report.--The Secretary shall report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate within 120
days after the date of the enactment of this Act regarding the
Department's plan to coordinate and consolidate its canine training
programs. The report shall include how the Department will increase
coordination with other Federal agencies, such as the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the Department of Justice,
that operate canine training programs.
SEC. 5. CANINE PROCUREMENT.
The Secretary of Homeland Security shall--
(1) make it a priority to increase the number of
domestically bred canines used by the Department of Homeland
Security to assist in its counter-terrorism mission, including
the protection of ports of entry and along the United States
border; and
(2) consult with other Federal agencies that use canines
and the Office of Management and Budget to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines.
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Detection Canine Augmentation Act of 2005 - Directs the Secretary of Homeland Security to increase the number of trained detection canines at specified federal agencies.
Directs the Secretary to: (1) coordinate fully the Department of Homeland Security's canine training programs that support its counter-terrorism, counter-smuggling, transporation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to federal, state, and local law enforcement agencies.
Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used to assist in the Department's counter-terrorism mission; and (2) consult with other federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines, and consolidate canine procurement, where possible, across the federal government to reduce the cost of purchasing canines.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Intelligence Agency Voluntary
Separation Pay Act''.
SEC. 2. SEPARATION PAY.
(a) Definitions.--For purposes of this section--
(1) the term ``Director'' means the Director of Central
Intelligence; and
(2) the term ``employee'' means an employee of the Central
Intelligence Agency, serving under an appointment without time
limitation, who has been currently employed for a continuous period
of at least 12 months, except that such term does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subparagraph
(A).
(b) Establishment of Program.--In order to avoid or minimize the
need for involuntary separations due to downsizing, reorganization,
transfer of function, or other similar action, the Director may
establish a program under which employees may be offered separation pay
to separate from service voluntarily (whether by retirement or
resignation). An employee who receives separation pay under such program
may not be reemployed by the Central Intelligence Agency for the 12-
month period beginning on the effective date of the employee's
separation.
(c) Bar on Certain Employment.--
(1) Bar.--An employee may not be separated from service under
this section unless the employee agrees that the employee will not--
(A) act as agent or attorney for, or otherwise represent,
any other person (except the United States) in any formal or
informal appearance before, or, with the intent to influence,
make any oral or written communication on behalf of any other
person (except the United States) to the Central Intelligence
Agency; or
(B) participate in any manner in the award, modification,
extension, or performance of any contract for property or
services with the Central Intelligence Agency,
during the 12-month period beginning on the effective date of the
employee's separation from service.
(2) Penalty.--An employee who violates an agreement under this
subsection shall be liable to the United States in the amount of the
separation pay paid to the employee pursuant to this section times
the proportion of the 12-month period during which the employee was
in violation of the agreement.
(d) Limitations.--Under this program, separation pay may be offered
only--
(1) with the prior approval of the Director; and
(2) to employees within such occupational groups or geographic
locations, or subject to such other similar limitations or
conditions, as the Director may require.
(e) Amount and Treatment for Other Purposes.--Such separation pay--
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under such
section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included
in the computation, of any other type of Government benefit; and
(4) shall not be taken into account for the purpose of
determining the amount of any severance pay to which an individual
may be entitled under section 5595 of title 5, United States Code,
based on any other separation.
(f) Termination.--No amount shall be payable under this section
based on any separation occurring after September 30, 1997.
(g) Regulations.--The Director shall prescribe such regulations as
may be necessary to carry out this section.
(h) Reporting Requirements.--
(1) Offering notification.--The Director may not make an
offering of voluntary separation pay pursuant to this section until
30 days after submitting to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing the
occupational groups or geographic locations, or other similar
limitations or conditions, required by the Director under subsection
(d).
(2) Annual report.--At the end of each of the fiscal years 1993
through 1997, the Director shall submit to the President and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate a report on the effectiveness and costs of carrying out this
section.
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL PARTICIPANTS.
Section 233 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2053) is amended--
(1) by inserting ``(a)'' before ``A participant''; and
(2) by adding at the end the following new subsection:
``(b) A participant who has at least 25 years of service, ten years
of which are with the Agency, may retire, with the consent of the
Director, at any age and receive benefits in accordance with the
provisions of section 221 if the Office of Personnel Management has
authorized separation from service voluntarily for Agency employees
under section 8336(d)(2) of title 5, United States Code, with respect to
the Civil Service Retirement System or section 8414(b)(1)(B) of such
title with respect to the Federal Employees' Retirement System.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Central Intelligence Agency Voluntary Separation Pay Act - Authorizes the Director of Central Intelligence, to avoid or minimize the need for involuntary separations due to downsizing, reorganization, or similar action, to establish a program under which employees may be offered separation pay to separate from service voluntarily, whether by retirement or resignation. Bars an employee who receives separation pay under such program from being reemployed by the Central Intelligence Agency (CIA) for 12 months.
Prohibits an employee from being separated under such program unless the employee agrees not to represent any other person (except the United States) before the CIA, make any oral or written communication on behalf of any other person to influence the CIA, or participate in the award, modification, extension, or performance of any contract for property or services with the CIA for 12 months after separation. Sets penalties for violations.
Authorizes separation pay only with the approval of the Director and only for employees who are within such occupational groups or geographic locations and who meet such other similar limitations as the Director may require. Provides that it shall be paid in a lump sum of not to exceed $25,000 and shall not be payable based on any separation occurring after September 30, 1997.
Prohibits the Director from offering voluntary separation pay pursuant to this Act until 30 days after submitting to specified congressional committees a report describing occupational groups, geographic locations, or other conditions required by the Director. Requires the Director to submit annual reports for FY 1993 through 1997 on the effectiveness and costs of carrying out this Act.
Amends the Central Intelligence Agency Retirement Act to authorize early retirement for employees meeting specified service requirements who are participants in the Civil Service Retirement System and the Federal Employees' Retirement System.
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Change the following text into a summary: SECTION 1. AMENDMENTS RELATING TO TREATMENT OF UNCLAIMED DEPOSITS AT
INSURED BANKS AND SAVINGS ASSOCIATIONS.
Subsection (e) of section 12 of the Federal Deposit Insurance Act
(12 U.S.C. 1822(e)) is amended to read as follows:
``(e) Disposition of Unclaimed Deposits._
``(1) Notices._
``(A) First notice._Within 30 days after the initiation of
the payment of insured deposits under section 11(f), the
Corporation shall provide written notice to all insured
depositors that they must claim their deposit from the
Corporation, or if the deposit has been transferred to another
institution, from the transferee institution.
``(B) Second notice._A second notice containing this
information shall be mailed by the Corporation to all insured
depositors who have not responded to the first notice, 15
months after the Corporation initiates such payment of insured
depositors.
``(C) Address._The notices shall be mailed to the last
known address of the depositor appearing on the records of the
insured depository institution in default.
``(2) Transfer to appropriate state._If an insured depositor
fails to make a claim for his, her, or its insured or transferred
deposit within 18 months after the Corporation initiates the
payment of insured deposits under section 11(f)_
``(A) any transferee institution shall refund the deposit
to the Corporation, and all rights of the depositor against the
transferee institution shall be barred; and
``(B) with the exception of United States deposits, the
Corporation shall deliver the deposit to the custody of the
appropriate State as unclaimed property, unless the appropriate
State declines to accept custody. Upon delivery to the
appropriate State, all rights of the depositor against the
Corporation with respect to the deposit shall be barred and the
Corporation shall be deemed to have made payment to the
depositor for purposes of section 11(g)(1).
``(3) Refusal of appropriate state to accept custody._If the
appropriate State declines to accept custody of the deposit
tendered pursuant to paragraph (2)(B), the deposit shall not be
delivered to any State, and the insured depositor shall claim the
deposit from the Corporation before the receivership is terminated,
or all rights of the depositor with respect to such deposit shall
be barred.
``(4) Treatment of united states deposits._If the deposit is a
United States deposit it shall be delivered to the Secretary of the
Treasury for deposit in the general fund of the Treasury. Upon
delivery to the Secretary of the Treasury, all rights of the
depositor against the Corporation with respect to the deposit shall
be barred and the Corporation shall be deemed to have made payment
to the depositor for purposes of section 11(g)(1).
``(5) Reversion._If a depositor does not claim the deposit
delivered to the custody of the appropriate State pursuant to
paragraph (2)(B) within 10 years of the date of delivery, the
deposit shall be immediately refunded to the Corporation and become
its property. All rights of the depositor against the appropriate
State with respect to such deposit shall be barred as of the date
of the refund to the Corporation.
``(6) Definitions._For purposes of this subsection_
``(A) the term `transferee institution' means the insured
depository institution in which the Corporation has made
available a transferred deposit pursuant to section 11(f)(1);
``(B) the term `appropriate State' means the State to which
notice was mailed under paragraph (1)(C), except that if the
notice was not mailed to an address that is within a State it
shall mean the State in which the depository institution in
default has its main office; and
``(C) the term `United States deposit' means an insured or
transferred deposit for which the deposit records of the
depository institution in default disclose that title to the
deposit is held by the United States, any department, agency,
or instrumentality of the Federal Government, or any officer or
employee thereof in such person's official capacity.''.
SEC. 2. EFFECTIVE DATE.
(a) In General._The amendments made by section 1 of this Act shall
only apply with respect to institutions for which the Corporation has
initiated the payment of insured deposits under section 11(f) of the
Federal Deposit Insurance Act after the date of enactment of this Act.
(b) Special Rule for Receiverships in Progress._Section 12(e) of
the Federal Deposit Insurance Act as in effect on the day before the
date of enactment of this Act shall apply with respect to insured
deposits in depository institutions for which the Corporation was first
appointed receiver during the period between January 1, 1989 and the
date of enactment of this Act, except that such section 12(e) shall not
bar any claim made against the Corporation by an insured depositor for
an insured or transferred deposit, so long as such claim is made prior
to the termination of the receivership.
(c) Information to States._Within 120 days after the date of
enactment of this Act, the Corporation shall provide, at the request of
and for the sole use of any State, the name and last known address of
any insured depositor (as shown on the records of the institution in
default) eligible to make a claim against the Corporation solely due to
the operation of subsection (b) of this section.
(d) Definition._For purposes of this section, the term
``Corporation'' means the Federal Deposit Insurance Corporation, the
Resolution Trust Corporation, or the Federal Savings and Loan Insurance
Corporation, as appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Amends the Federal Deposit Insurance Act to require the Federal Deposit Insurance Corporation (FDIC) to send: (1) a first notice to all insured depositors within 30 days after beginning to pay off depositors that they must claim their deposits from the FDIC (or from any transferee institution if the deposit has been transferred); and (2) a second notice after 15 months after beginning to pay off depositors to all those who have not responded to the first notice. Requires the FDIC to transfer, within 18 months after beginning to pay off depositors, any unclaimed deposits to the State of a depositor's last known address (or, if the address is outside the United States, to the State in which the failed institution had its main office). Permits an insured depositor to claim from the FDIC after the 18-month period any deposit a State has refused to accept, but only until the receivership is terminated.
Permits States to keep an unclaimed deposit for ten years, after which, if remaining unclaimed, it must refund the deposit to the FDIC.
Makes a specified rule for receiverships in progress before the enactment of this Act.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chattahoochee-Oconee National Forest
Land Adjustment Act of 2014''.
SEC. 2. FINDINGS AND DEFINITION.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to
manage or have lost their principal value for National Forest
purposes;
(2) the disposal of that land would be in the public
interest; and
(3) proceeds from the sale of land authorized by this Act
would be used best by the Forest Service to purchase land for
National Forest purposes in the State of Georgia.
(b) Definition of Secretary.--In this Act, the term ``Secretary''
means the Secretary of Agriculture.
SEC. 3. LAND CONVEYANCE AUTHORITY.
(a) In General.--The Secretary is authorized, under such terms and
conditions as the Secretary may prescribe to sell or exchange any or
all rights, title, and interest of the United States in the National
Forest System land described in subsection (b).
(b) Land Authorized for Disposal.--
(1) In general.--The National Forest System land subject to
sale or exchange under this Act are 30 tracts of land totaling
approximately 3,841 acres, which are generally depicted on 2
maps entitled ``Priority Land Adjustments, State of Georgia,
U.S. Forest Service-Southern Region, Oconee and Chattahoochee
National Forests, U.S. Congressional Districts-8, 9, 10 & 14''
and dated September 24, 2013.
(2) Maps.--The maps described in paragraph (1) shall be on
file and available for public inspection in the Office of the
Forest Supervisor, Chattahoochee-Oconee National Forest, until
such time as the land is sold or exchanged.
(3) Modification of boundaries.--The Secretary may modify
the boundaries of the land described in paragraph (1) based on
land management considerations.
(c) Form of Conveyance.--
(1) Quitclaim deed.--The Secretary shall convey land sold
under this Act by quitclaim deed.
(2) Reservations.--The Secretary may reserve any rights-of-
way or other rights or interests in land sold or exchanged
under this Act that the Secretary considers necessary for
management purposes or to protect the public interest.
(d) Valuation.--
(1) Market value.--The Secretary may not sell or exchange
land under this Act for less than market value, as determined
by appraisal or through competitive bid.
(2) Appraisal requirements.--Any appraisal shall be--
(A) consistent with the Uniform Appraisal Standards
for Federal Land Acquisitions or the Uniform Standards
of Professional Appraisal Practice; and
(B) subject to the approval of the Secretary.
(e) Consideration.--
(1) Cash.--Consideration for a sale of land or equalization
of an exchange shall be paid in cash.
(2) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of any land exchanged.
(f) Method of Sale.--
(1) Options.--The Secretary may sell land under subsection
(a) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with such terms,
conditions, and procedures as the Secretary determines are in
the best interest of the United States.
(2) Solicitations.--The Secretary may--
(A) make public or private solicitations for the
sale or exchange of land authorized by this Act; and
(B) reject any offer that the Secretary determines
is not adequate or not in the public interest.
(g) Brokers.--The Secretary may--
(1) use brokers or other third parties in the disposition
of the land authorized by this Act; and
(2) from the proceeds of a sale, pay reasonable commissions
or fees.
SEC. 4. TREATMENT OF PROCEEDS.
(a) Deposit.--The Secretary shall deposit the proceeds of a sale
authorized by this Act in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Availability.--Subject to subsection (c), amounts deposited
under subsection (a) shall be available to the Secretary until
expended, without further appropriation, for the acquisition of land
for National Forest purposes in the State of Georgia.
(c) Private Property Protection.--Nothing in this Act authorizes
the use of funds deposited under subsection (a) to be used to acquire
land without the written consent of the owner of the land.
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Chattahoochee-Oconee National Forest Land Adjustment Act of 2014 - Authorizes the Department of Agriculture (USDA) to sell or exchange any or all interest of the United States in 30 tracts of National Forest System land in Georgia totaling approximately 3,841 acres. Authorizes USDA to reserve any rights-of-way or other rights or interests in land sold or exchanged under this Act that is considered necessary for management purposes or to protect the public interest. Prohibits USDA from selling or exchanging land under this Act for less than market value, as determined by an appraisal or through a competitive bid. Requires proceeds to be used for the acquisition of land for national forest purposes in Georgia.
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Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cabin Fee Act of
2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cabin user fees.
Sec. 4. Cabin transfer fees.
Sec. 5. Right of appeal and judicial review.
Sec. 6. Consistency with other law and rights.
Sec. 7. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorization; authorize.--The terms ``authorization''
and ``authorize'' mean the issuance of a special use permit for
the use and occupancy of National Forest System land by a cabin
owner under the Recreation Residence Program.
(2) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence and related improvements on National
Forest System land that--
(A) is authorized for private use and occupancy;
and
(B) may be sold or transferred between private
parties.
(3) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the Secretary to use and
to occupy a cabin; and
(B) a trust, heir, or assign of a person described
in subparagraph (A).
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee that is paid to the United States on the transfer
of a cabin between private parties for money or other
consideration that results in the issuance of a new permit.
(5) Cabin user fee.--The term ``cabin user fee'' means an
annual fee paid to the United States by a cabin owner in
accordance with an authorization for the use and occupancy of a
cabin.
(6) Current appraisal cycle.--The term ``current appraisal
cycle'' means the completion of Forest Service review and
acceptance of--
(A) initial typical lot appraisals; or
(B) second appraisals, if ordered by cabin owners
and approved by the Forest Service.
(7) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee, as adjusted under
section 3(c).
(8) Lot.--The term ``lot'' means a parcel of National
Forest System land on which a person is authorized to build,
use, occupy, and maintain a cabin.
(9) National forest system land.--The term ``National
Forest System land'' means National Forest System land derived
from the public domain.
(10) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established under the last paragraph under the heading ``Forest
service'' in the Act of March 4, 1915 (16 U.S.C. 497).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(12) Typical lot.--The term ``typical lot'' means a cabin
lot, or group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 3. CABIN USER FEES.
(a) Payment of Cabin User Fees.--Cabin owners shall pay an annual
cabin user fee established by the Secretary in accordance with this
section.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in accordance with this subsection.
(2) Assignment to value tiers.--On completion of the
current appraisal cycle, as required by paragraph (4), the
Secretary shall assign each permitted lot on National Forest
System land to 1 of 9 tiers based on the following
considerations:
(A) Before assigning the lots to tiers, all
appraised lot values shall be adjusted, or normalized,
for price changes occurring after the appraisal, in
accordance with the National Association of
Homebuilders/Wells Fargo Housing Opportunity Index.
(B) Second appraisal values that are not rejected
by the Forest Service shall supersede initial lot
appraisal values for the normalization and ranking
process under subparagraph (A).
(C) The tiers shall be established, on a national
basis, according to relative lot value, with lots
having the lowest adjusted appraised value assigned to
tier 1 and lots having the highest adjusted appraised
value assigned to tier 9.
(D) The number of lots (by percentage) assigned to
each tier is contained in the table set forth in
paragraph (3).
(E) Data from incomplete appraisals may not be used
to establish the fee tiers under this subsection.
(F) Until assigned to a tier under this subsection,
the Secretary shall assess an interim fee for permitted
cabin lots (including lots with incomplete appraisals),
which shall be an amount equal to the lesser of--
(i) $4,500; or
(ii) the amount of the current cabin user
fee, increased by 25 percent.
(3) Amount of initial cabin user fees.--The initial cabin
user fees, based on the assignments under paragraph (2), are as
follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 8 percent $500
------------------------------------------------------------------------
Tier 2 12 percent $1,000
------------------------------------------------------------------------
Tier 3 12 percent $1,500
------------------------------------------------------------------------
Tier 4 14 percent $2,000
------------------------------------------------------------------------
Tier 5 14 percent $2,500
------------------------------------------------------------------------
Tier 6 14 percent $3,000
------------------------------------------------------------------------
Tier 7 11 percent $3,500
------------------------------------------------------------------------
Tier 8 8 percent $4,000
------------------------------------------------------------------------
Tier 9 7 percent $4,500.
------------------------------------------------------------------------
(4) Deadline for completion of current appraisal cycle.--
Not later than 3 years after the date of enactment of this Act,
the Secretary shall complete the current appraisal cycle.
(5) Effective date.--The initial cabin user fees required
by this subsection shall take effect beginning with the first
calendar year beginning after the completion of the current
appraisal cycle.
(c) Annual Adjustments of Cabin User Fee.--
(1) In general.--Subject to paragraph (2), the Secretary
shall use changes in the Implicit Price Deflator for the Gross
Domestic Product published by the Bureau of Economic Analysis
of the Department of Commerce, applied on a 5-year rolling
average, to assess an annual adjustment to cabin user fees.
(2) Limitations.--Notwithstanding paragraph (1), cabin user
fees established under this section shall be increased by not
more than 25 percent in an annual adjustment under paragraph
(a).
(d) Effect of Destruction, Substantial Damage, or Loss of Access.--
(1) In general.--The Secretary shall reduce the cabin user
fee to $100 per year for a cabin if--
(A) the cabin is destroyed or suffers substantial
damage in an amount that is greater than 50 percent of
replacement cost of the cabin; or
(B) access to the cabin is significantly impaired,
whether by catastrophic events, natural causes, or
governmental actions, which results in the cabin being
rendered unsafe or unable to be occupied.
(2) Term of reduced fee.--The reduced fee under paragraph
(1) shall be in effect until the later of--
(A) the last day of the year in which the
destruction or impairment occurs; or
(B) the date on which the cabin may be lawfully
reoccupied and normal access has been restored.
SEC. 4. CABIN TRANSFER FEES.
(a) Payment of Cabin Transfer Fees.--In conjunction with the
transfer of ownership of any cabin and the issuance of a new permit,
the cabin owner transferring the cabin shall file with the Secretary a
sworn statement declaring the amount of money or other value received,
if any, for the transfer of the cabin.
(b) Amount.--As a condition of the issuance by the Secretary of a
new authorization for the use and occupancy of the cabin, the cabin
owner transferring the cabin shall pay to the Secretary a cabin
transfer fee in an amount determined as follows:
----------------------------------------------------------------------------------------------------------------
Consideration Received by Transfer Transfer Fee Amount
----------------------------------------------------------------------------------------------------------------
$0 to $250,000 $1,000
----------------------------------------------------------------------------------------------------------------
$250,000.01 to $500,000.00 $1,000 plus 5 percent of consideration in excess of
$250,000 up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above $1,000 plus 5 percent of consideration in excess of
$250,000 up to $500,000 plus 10 percent of
consideration in excess of $500,000.
----------------------------------------------------------------------------------------------------------------
(c) Index.--The Secretary shall use changes in the Implicit Price
Deflator for the Gross Domestic Product published by the Bureau of
Economic Analysis of the Department of Commerce, applied on a 5-year
rolling average, to determine and apply an annual adjustment to the
cabin transfer fee threshold amounts set forth in the table contained
in subsection (b).
SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--
(1) In general.--Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 6, the
Secretary shall by regulation grant to the cabin owner the
right to an administrative appeal of the determination of a new
cabin user fee, fee tier, cabin transfer fee, or whether or not
to reduce a cabin user fee under section 3(d).
(2) Applicable law.--An appeal under paragraph (1) shall be
pursuant to the appeal process provided under subpart C of part
251 of title 36, Code of Federal Regulations (or a successor
regulation).
(b) Judicial Review.--
(1) In general.--A cabin owner that contests a final
decision of the Secretary under this Act may bring a civil
action in United States district court.
(2) Venue.--The venue for an action brought before the
United States district court under this subsection shall be in
the Federal judicial district in which the cabin is located or
the permit holder resides.
(3) Effect on mediation.--Nothing in this Act precludes a
person from seeking mediation for an action under this Act.
SEC. 6. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in
the State of Alaska, the Secretary shall not establish or impose a
cabin user fee or a condition affecting a cabin user fee that is
inconsistent with 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 7. REGULATIONS.
Not later than December 31, 2012, the Secretary shall issue
regulations to carry out this Act.
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Cabin Fee Act of 2011 - Directs the Secretary of Agriculture (USDA) to set an annual fee for, and requires the payment of such fee to the United States by, an authorized owner of a privately built and owned recreational cabin located on National Forest System land.
Reduces such fee to $100 annually if access to a cabin is significantly impaired, either by natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied.
Requires payment of a transfer fee to the United States upon the transfer of a cabin between private parties for consideration.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Services Business Compliance
Facilitation Act of 2009''.
SEC. 2. OFFICE OF MONEY SERVICES BUSINESS COMPLIANCE ESTABLISHED.
(a) In General.--Subchapter I of chapter 3 of title 31, United
States Code, is amended by inserting after section 313 the following
new section:
``Sec. 314. Office of Money Services Business Compliance
``(a) Establishment.--There is hereby established the Office of
Money Services Business Compliance (hereafter in this section referred
to as the `Compliance Office') as an office within the Department of
the Treasury.
``(b) Management.--
``(1) In general.--The management of the Compliance Office
shall be vested in a Director of Money Services Business
Compliance (hereafter in this section referred to as the
`Director').
``(2) Appointment.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate,
without regard to political affiliation and solely on the basis
of integrity and demonstrated ability, and after consultation
with the Chairman of the Board of Governors of the Federal
Reserve System and the Comptroller of the Currency (or
successor to any such individual with regard to bank
supervisory authority), from among individuals who are
specially qualified to serve in that position by reason of
their education, training, and experience.
``(3) Term of office.--
``(A) The Director shall be appointed for a term of
5 years.
``(B) Vacancy.--A vacancy in the position of
Director shall be filled in the manner the original
appointment was made and any individual appointed to
fill any such vacancy shall be appointed only for the
remainder of the term in which the vacancy occurs.
``(4) Removal.--
``(A) In general.--Notwithstanding paragraph (3),
the Director may be removed by the President at any
time for good cause.
``(B) Notice to the congress.--Upon the removal of
a Director under subparagraph (A), the President shall
promptly transmit a notice to the Congress of the
removal together with a detailed explanation of the
basis for the removal.
``(C) Additional information.--After providing
notice under subparagraph (B), the President shall
promptly respond to any request by any committee of the
Senate or the House of Representatives for additional
information or supporting documents.
``(c) Duties.--
``(1) In general.--The duties of the Director shall be to
assure compliance by money services businesses with all
applicable requirements of subchapter II of chapter 53,
regulations prescribed under such subchapter and any other duty
delegated by the Secretary under paragraph (3).
``(2) Registration of money services businesses.--
``(A) In general.--No person may operate a money
services business without registering annually, to the
satisfaction of the Director under this paragraph.
``(B) Criteria.--The Director, in consultation with
the Secretary, the appropriate Federal banking
agencies, and appropriate representative State
officials, shall establish such procedures and criteria
for registration, commensurate with the purposes of
this section, as the Director determines to be
appropriate.
``(C) Registration as compliance.--Any money
services business registered to the satisfaction of the
Director under this section shall be deemed to be
registered with the Secretary for purposes of section
5330.
``(D) Compliance.--Any money services business, and
any agent of a money services business, which fails to
register and keep current a registration to the
satisfaction of the Secretary under this paragraph
shall, after the expiration of a 30-day period
beginning on a notice of violation issued by the
Director or an agent recognized by the Director, be
subject to the same penalties as described in
subsection (f)(3)(D) for a violation of an order issued
under subsection (f)(3).
``(3) Delegated functions.--The Director shall carry out
any other duty delegated by the Secretary of the Treasury to
the Director.
``(d) Rule of Construction.--No provision of this section shall be
construed as limiting or pre-empting any State law or regulation or
order concerning the regulation and oversight of the money service
business industry, or agents of money services businesses, for purposes
of consumer protection, safety and soundness, or the prevention of
money laundering or the financing of terrorism.
``(e) Recognition of Self-regulatory Organizations Relating to
Money Services Businesses.--
``(1) Registration.--The Director may, after notice and
opportunity for comment and upon application by an organization
representing money services business that meets such criteria
as the Director may establish under this section, approve the
registration of such organization as a self regulatory
organization to carry out the duties of the Director under
paragraph (1) with respect to the money services businesses
represented by such self regulatory organization.
``(2) Procedures and requirements for sro.--The Director
shall establish such procedures and requirements to become a
self regulatory organization as the Secretary determines to be
appropriate, including periodic reviews of such organization
and reporting requirements by such organization to the Director
to ensure the success of such organizations in ensuring
compliance by the money services businesses, taking into
account in particular the requirements of subsections (g), (h),
(l), (m), and (n) of section 5318 and section 5318A.
``(3) Withdrawal of registration.--
``(A) In general.--After notice and opportunity for
hearing, the Director may withdraw the registration of
any self regulatory organization previously approved
under this subsection.
``(B) Notice to the congress.--Upon the withdrawal
of the registration of any self regulatory organization
under subparagraph (A), the Director shall promptly
submit a notice to the Congress of the withdrawal
together with a detailed explanation of the basis for
the withdrawal.
``(C) Additional information.--After providing
notice under subparagraph (B), the Director shall
promptly respond to any request by any committee of the
Senate or the House of Representatives for additional
information or supporting documents.
``(4) Requirements for rules enforced by self regulatory
organization.--The Director may establish minimum requirements
for--
``(A) rules established by any self regulatory
organization for members regulated by the organization;
``(B) enforcement procedures and enforcement
activities by self regulatory organization, with
respect to the enforcement of the rules referred to in
subparagraph (A); and
``(C) requirements established by a self regulatory
organization for withdrawal of membership of any
noncomplying member, monetary penalties, and the
removal of officers and employees of a noncomplying
member business.
``(5) Notice requirements.--The Director shall establish
procedures under which any self regulatory organization shall
report to the Congress on a regular basis on--
``(A) violations by members of the organization of
any law, any regulation prescribed by the Director, or
any rule established by the organization since the date
of the last report; and
``(B) any enforcement actions taken by the
organization since such date.
``(f) Powers.--
``(1) In general.--For purposes of carrying out this
section, the Director shall have all the powers of the
Secretary under subsections (b), (c), (d), and (e) of section
5318.
``(2) Rule of construction.--No provision of this section
shall be construed as limiting or superseding the enforcement
authority of the Secretary under subchapter II of chapter 53
with respect to any violation of such subchapter.
``(3) Cease and desist.--
``(A) Determination of violation.--If the Director
determines that any money services business, or any
officer, director, agent, or employee of any such
business, may be violating or may have violated this
section, subchapter II of chapter 53, or any other
provision of law or any regulation subject to the
jurisdiction of the Secretary, or may be about to
violate such section, subchapter, or provision of law
or regulation, the Director may issue a temporary order
or permanent order directing such money services
business, and any officer, director, agent, or employee
of such money services business--
``(i) to cease and desist from the
violation or threatened violation;
``(ii) to take such action as is necessary
to prevent the violation or threatened
violation; or
``(iii) to take such action as is necessary
to prevent, as the Director determines to be
appropriate--
``(I) significant harm to consumers
or the public interest; or
``(II) frustration of the ability
of the Director to conduct the
proceedings or to redress the violation
at the conclusion of the proceedings.
``(B) Timing of entry.--An order issued under this
paragraph shall be entered only after notice and
opportunity for a hearing, unless the Director
determines that notice and hearing prior to entry would
be impracticable or contrary to the public interest.
``(C) Effective date of temporary order.--A
temporary order issued under this paragraph shall--
``(i) become effective upon service upon
the respondent; and
``(ii) unless set aside, limited, or
suspended by the Director or a court of
competent jurisdiction, remain effective and
enforceable pending the completion of the
proceedings.
``(D) Enforcement.--Any money services business,
and any officer, director, agent, or employee of such
money services business, which violates any temporary
or permanent order issued under this paragraph shall
forfeit and pay a civil penalty of not more than $5,000
for each day during which such violation continues.
``(E) Assessment.--The Secretary shall assess any
penalty in the same manner and subject to the same
limitations as assessments under section 5321(b).
``(g) Money Services Business Defined.--For purposes of this
section, the term `money services business' has the meaning given to
the term in section 103.11(uu) of title 31, Code of Federal
Regulations, as in effect on the date of the enactment of the Money
Services Business Compliance Facilitation Act of 2009.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for each of fiscal years 2010, 2011, and
2012 such sums as may be necessary to carry out this section, to be
made available to the Director.
``(i) Long-Term Funding Planning.--Before the end of the 18-month
period beginning on the date of the enactment of the Money Services
Business Compliance Facilitation Act of 2009, the Director shall submit
a report to the Congress containing recommendations for an appropriate
long-term funding model for the Compliance Office to ensure the
independence of the Compliance Office.''.
(b) Technical and Conforming Amendment.--Section 111 of the Act
approved on October 28, 1974 (12 U.S.C. 250), is amended by inserting
``the Director of Money Services Business Compliance,'' after
``Director of the Office of Thrift Supervision,''.
(c) Clerical Amendment.--The table of section for chapter 3 of
title 31, United States Code, is amended by inserting after the item
relating to section 313 the following new item:
``314. Office of Money Services Business Compliance.''.
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Money Services Business Compliance Facilitation Act of 2009 - Establishes within the Department of the Treasury the Office of Money Services Business Compliance (Office), whose Director shall assure compliance by money services businesses with federal recordkeeping requirements governing monetary instruments transactions.
Requires a money services business to register annually with the Office.
States that this Act shall not be construed as limiting or pre-empting any state law or regulation or order concerning the regulation and oversight of the money service business industry, or agents of money services businesses, for purposes of consumer protection, safety and soundness, or the prevention of money laundering or the financing of terrorism.
Authorizes the Director to approve the registration of an organization as a self-regulatory organization (SRO) to carry out the Director's duties with respect to the money services businesses the SRO represents.
Authorizes the Director to establish minimum requirements for: (1) rules established by an SRO for its members; (2) enforcement by an SRO; and (3) requirements established by a SRO for withdrawal of membership of any noncomplying member, monetary penalties, and the removal of officers and employees of a noncomplying member business.
Empowers the Director to issue cease and desist orders for violations of this Act and its attendant regulations.
Requires the Director to report recommendations to Congress regarding an appropriate long-term funding model to ensure the independence of the Office.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Waste Isolation
Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 2. DEFINITIONS.
Section 2 is amended by striking paragraphs (11), (13), (18) and
(19).
SEC. 3. ACQUISITION OF EXISTING OIL AND GAS LEASES.
Section 4(b)(5)(B) is amended by striking ``the Administrator
determines, after consultation with the Secretary and the Secretary of
the Interior, that the acquisition of such leases by the Secretary is
required to comply with the final disposal regulations or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)'' and inserting ``the
Secretary determined that acquisition of such leases are necessary for
the long-term protection of the WIPP''.
SEC. 4. TEST PHASE AND RETRIEVAL PLANS.
Section 5 is repealed.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by striking subsections (a) and (b),
(2) in subsection (c) by striking ``(c) Limitations.--''
and all that follows through ``(B) Study.--'', and
redesignating subparagraphs (i), (ii), and (iii) as subsections
(a), (b), and (c) respectively, and
(3) by striking subsection (d).
SEC. 6. NON-DEFENSE WASTE.
Section 7(a) is amended by redesignating paragraph (3) as paragraph
(4) and by inserting after paragraph (2) the following:
``(3) Non-defense waste.--Within the capacity prescribed by
paragraph (4) and subject to other applicable restrictions,
WIPP may receive transuranic waste from the Secretary which did
not result from a defense activity but that is under the
control of the Secretary on the date of enactment of this
Act.''.
SEC. 7. REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL OPERATIONS.
Section 7(b) is amended--
(1) by striking ``Requirements'' and inserting
``Requirement'',
(2) by striking ``The Secretary'' and all that follows and
inserting: ``The Secretary may begin the disposal phase after
the completion of the Administrator's review and certification
under section 8(d) that DOE's application reasonably addresses
the final disposal standards.''.
SEC. 8. SURVEY AND RECOMMENDATIONS REGARDING DISPOSAL.
At the end of section 7, insert the following new subsections:
``(c) Recommendations Regarding Disposal.--Within 3 years of
enactment of this Act, the Secretary shall submit to Congress
comprehensive recommendations for the disposal of all transuranic waste
under the control of the Secretary, including a timetable for the
disposal of such waste. The recommendations shall provide for
compliance with all agreements entered into by the Secretary regarding
the disposal of transuranic waste stored at Department of Energy
facilities. If the Secretary has completed other reports or timetables
which contain information required by this subsection, the Secretary
may incorporate the reports into the recommendations by reference.
``(d) Survey.--Within 3 years of enactment of this Act, the
Secretary shall complete, with notice and an opportunity for public
comment, a survey identifying all transuranic waste types at all sites
from which wastes are to be shipped to WIPP, and--
``(1) the results of such survey shall be made available to
the public and be provided to the Administrator; and
``(2) such survey shall not be subject to rulemaking or
judicial review. If the Secretary has completed other reports
or timetables which contain information required by this
subsection, the Secretary may incorporate the reports into the
recommendations by reference.''.
SEC. 9. CERTIFICATION.
(a) Section 8(c) is amended to read as follows:
``(c) Criteria for Certification of Compliance With Disposal
Regulations.--The Administrator, in reviewing the Secretary's
application submitted under subparagraph (A) shall limit such review to
consideration of the Secretary's methods used in compiling information
for the application. The Administrator shall disapprove the application
only if the Administrator finds through a preponderance of the evidence
in the record that the Secretary has failed to adequately address long-
term environmental and human-health related risks. The Administrator
shall not conduct an independent evaluation of the Secretary's analyses
used to evaluate long-term disposal system performance. The
Administrator's review of the application shall be limited to the
following criteria for certification of compliance with the final
disposal regulations:
``(1) Completeness of the application.--Whether or not the
Secretary's application addresses the topics mandated by the
final disposal standards and listed in the certification
criteria.
``(2) Reasonableness of the application.--If the
Secretary's application provides a reasonable, scientifically
sound approach to determining compliance with the final
disposal standards.
``(3) Quality of the application.--If the Secretary has
provided in the application objective evidence of quality. The
Administrator shall determine that the Secretary prepared the
application using a recognized national nuclear quality
standard.
``(4) Result of the application.--The Administrator shall
determine if the bounding assumptions made by the Secretary in
assessing long-term performance of the WIPP disposal system are
reasonable and that any conditions imposed are technically
feasible.''.
(b) Section 8(d) is amended by striking ``Disposal Regulations.--''
and inserting ``Certification.--''.
(c) Section 8(d)(1) is amended--
(1) in subparagraph (A) by striking ``Within 7 years of the
date of the first receipt of transuranic waste at WIPP, the''
and inserting ``The'',
(2) by amending subparagraph (B) to read as follows:
``(B) Certification by administrator.--Within 6
months of receipt of the application under subparagraph
(A) the Administrator shall review the application for
compliance with the final disposal regulations. The
application shall be deemed certified 6 months after
receipt of the application by the Administrator unless
the Administrator disapproves the application according
to the criteria set forth in subsection (c). The
Administrator shall issue any such disapproval by rule
pursuant to section 553 of title 5, United States Code,
and sections 556 and 557 of such title shall not
apply.'', and
(3) by striking subparagraph (D).
(d) Section 8(d)(2) is amended to read as follows:
``(2) Incremental submission of application for
compliance.--Within 30 days after the passage of this bill, the
Secretary shall provide to Congress a schedule for the
incremental submission of the final version of chapters of the
application to the Administrator. The Secretary shall notify
Congress of the submission of such chapters. The Administrator
shall review the submitted chapters according to the criteria
in subsection (c) and provide requests for additional
information for the Secretary only if the administrator makes a
prima facie showing that the information is needed to avoid a
rejection of the application under the criteria. The
Administrator shall provide comments within 45 days of receipt
of each chapter, and the Administrator shall notify Congress
when comments are provided to the Secretary under this
subparagraph. The Administrator shall be prohibited from
rejecting the final application submitted under paragraph
(1)(A) upon grounds that the Administrator did not raise under
this section if the Administrator knew or could have reasonably
anticipated the grounds for the rejection. The comments or
failure to comment of the Administrator under this subparagraph
shall not be a final agency action for purposes of the
Administrative procedures Act.''.
(e) Section 8(d)(3) is repealed.
SEC. 10. ENGINEERED BARRIERS.
Section 8(g) is amended to read as follows:
``(g) Engineered and Natural Barriers, etc.--The Secretary shall
determine whether or not engineered barriers, or both, will be required
at WIPP to comply with regulations published as part 191 of 40
C.F.R.''.
SEC. 11. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
Section 9 is amended--
(1) in subsection (a)(1)(C) by inserting after ``et seq.)''
the following: ``, except that the Secretary shall not be
required to comply with the requirements of 42 U.S.C.
6924(d)'',
(2) in subsection (a) by striking ``In General.--(1)'' and
renumbering subparagraphs (A) through (H) as paragraphs (1)
through (8) respectively,
(3) in subsection (a) by striking paragraphs (2)(3),
(4) by striking subsections (b), and (c), and
(5) by redesignating subsection (d) as subsection (b) and
inserting after ``7401 et seq.)'' the following: ``, except
that the Secretary shall not be required to comply with the
requirements of 42 U.S.C. 6924(d).''.
SEC. 12. RETRIEVABILITY.
Section 10 is amended to read as follows:
``SEC. 10. DISPOSAL OF TRANSURANIC WASTE.
``It is the intent of Congress that, after the completion of the
administrator's review and certification under section 8(d), the
Secretary will begin the disposal phase no later than June 30, 1997.''.
SEC. 13. DECOMMISSIONING OF WIPP.
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years after
the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 14. SAVINGS PROVISIONS.
Section 14 is amended in subsection (b)(2) by striking ``including
all terms and conditions of the No-Migration Determination'' and
inserting ``except that the Administrator and the State shall not
enforce, and the Secretary shall not be obligated to comply with, the
requirements of 42 U.S.C. 6924(d)''.
SEC. 15. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
Section 15(a) is amended--
(1) by striking ``to the Secretary for payments to the
State $20,000,000 for each of the 15 fiscal years beginning
with the fiscal year in which the transport of transuranic
waste to WIPP is initiated'' and inserting ``to the State
$20,000,000 for each of the 15 fiscal years beginning with the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act'', and
(2) by adding at the end the following: ``An appropriation
to the State shall be in addition to any appropriation for
WIPP.''.
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Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal definitions relating to: (1) no-migration determination; (2) retrieval; and (3) test-phase and test-phase activities.
(Sec. 3) Declares that existing rights under specified oil and gas leases shall not be affected unless the Secretary of Energy determines that acquisition of such leases is necessary for the long-term protection of the Waste Isolation Pilot Plant (WIPP) (currently, unless lease acquisition is required to comply with final disposal regulations or with the Solid Waste Disposal Act).
(Sec. 4) Repeals the mandate for test phase and retrieval plans, and the attendant performance assessment report.
(Sec. 6) Authorizes the WIPP to receive from the Secretary transuranic waste which did not result from a defense activity but that is under the Secretary's control on the date of enactment of this Act.
(Sec. 7) Revises the requirements for commencement of disposal operations to authorize the Secretary to begin the disposal phase after review and certification by the Administrator of the Environmental Protection Agency (the Administrator) that Department of Energy's (DOE) application reasonably addresses final disposal standards.
(Sec. 8) Directs the Secretary to submit transuranic waste disposal recommendations and surveys to the Congress.
(Sec. 9) Prescribes criteria under which the Administrator shall certify compliance with disposal regulations. States that the Administrator shall disapprove DOE's application only upon finding that the preponderance of evidence shows that the Secretary has failed to adequately address long-term environmental and human-health related risks. Precludes the Administrator from conducting an independent evaluation of the analyses used to evaluate long-term disposal system performance.
(Sec. 10) Instructs the Secretary to determine whether or not engineered barriers, or both (sic), will be required to comply with specified Federal regulations. (Current law requires the use of both engineered and natural barriers.)
(Sec. 11) Exempts the Secretary from complying with certain Solid Waste Disposal Act proscriptions against land disposal of specified wastes. Repeals the mandate for: (1) periodic oversight and compliance determination by the Administrator and the State of New Mexico (the State); and (2) determination of noncompliance during disposal and decommissioning phases.
(Sec. 12) Repeals retrievability requirements. Declares that it is the intent of the Congress that after completion of the Administrator's review and certification under this Act, the Secretary will begin the disposal phase by June 30, 1997.
(Sec. 13) Repeals the mandate for: (1) a WIPP decommissioning plan; and (2) the deadline for the Secretary to develop a management plan for the Withdrawal.
(Sec. 15) Revises authorization of appropriations guidelines to authorize payments directly to the State instead of to the Secretary for subsequent payments to the State.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save our Bays Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce non-point source pollution of
any estuary in the National Estuary Program by promoting investment in
any of the following:
(1) Restoring and improving soil functionality, including
by increasing water infiltration and water conservation.
(2) Increasing storm water retention onsite.
(3) Reducing impervious cover via usage of pervious
materials in patios, walkways, and other surfaces.
(4) Establishing a 10 to 25 foot wide buffer of native
plants on private property which abuts any water body or
wetland.
SEC. 3. NON-POINT SOURCE POLLUTION.
(a) In General.--Subpart B 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. 30E. NON-POINT SOURCE POLLUTION.
``(a) General Rule.--There shall be allowed as a credit against the
tax imposed by this chapter an amount equal to the sum of--
``(1) the non-point source pollution planning credit, plus
``(2) the non-point source pollution plan implementation
credit.
``(b) Non-Point Source Pollution Planning Credit.--For purposes of
this section, the non-point source pollution planning credit is an
amount equal to $500 for developing a plan to address non-point source
pollution carried by surface water runoff from eligible property that
is owned by the taxpayer and certified by the County Soil Conversation
District (in such manner as the County Soil Conversation District may
determine) in which the real property is located, and
``(c) Non-Point Source Pollution Plan Implementation Credit.--The
non-point source pollution plan implementation credit is an amount
equal to the lesser of--
``(1) the amount paid or incurred for implementing the plan
referred to in subsection (b)(1) to mitigate non-point source
pollution on eligible property that is owned by the taxpayer
and certified by the County Soil Conversation District in which
the real property is located, or
``(2) $2,500.
``(d) Eligible Property.--For purposes of this section, the term
`eligible property' means real property which is located in the United
States within the boundaries of an estuary of national significance, as
designated under section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330), and from which there is non-point source pollution.
``(e) Special Rules.--For purposes of this section--
``(1) Application to noncontiguous parcels.--Each parcel of
noncontiguous real property shall be treated as separate.
``(2) Denial of double benefit.--
``(A) Income tax.--No deduction or credit shall be
allowed under any other provision of this chapter for
amounts paid or incurred to develop or implement a non-
point source pollution plan to the extent of amounts
allowed as a credit under this section relating to such
plan.
``(B) Other.--The amount of expenses otherwise
taken into account under subsection (a) with respect to
a taxpayer for a taxable year shall be reduced (before
the application of subsections (b), (c), and (d)) by
the aggregate amounts paid received by the taxpayer in
any calendar year in which the taxable year of the
taxpayer ends under title XII of the Food Security Act
of 1985 (16 U.S.C. 3801 et seq.).
``(3) Election.--This section shall not apply to a taxpayer
for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.
``(g) Termination.--This section shall not apply to taxable years
beginning after December 31, 2020.''.
(b) Allowance as General Business Credit.--Section 38(b) of such
Code is amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following:
``(37) the portion of the non-point source pollution credit
to which section 30E(f)(1) applies.''.
(c) Clerical Amendment.--The table of contents for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30E. Non-point source pollution.''.
(d) Report.--
(1) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, and every year thereafter for as
long as section 30E of the Internal Revenue Code of 1986 (as
added by this section) is in effect, the Administrator of the
Environmental Protection Agency and the Director of the U. S.
Geological Survey, acting through a joint working group which
the Administrator and the Director shall establish, shall
evaluate the effectiveness of the credit allowed under such
section 30E in achieving the purposes specified in section 2
and submit a report on such study and evaluation, together with
recommendations relating thereto, to the committees of Congress
specified in paragraph (2).
(2) Committees.--The committees specified in this paragraph
are the Committee on Ways and Means and the Committee on
Natural Resources of the House of Representatives and the
Committee on Environment and Public Works and the Committee on
Finance of the Senate.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
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Save our Bays Act This bill amends the Internal Revenue Code to allow a new tax credit, through 2020, for developing and implementing a plan to address non-point pollution carried by surface water runoff on real property located in the United States within the boundaries of an estuary of national significance.
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Summarize the following text: SECTION 1. TRANSFER TO A PRIVATE CORPORATION.
(a) In General.--In accordance with the plan prescribed under
section 3, all right, title, and interest of the United States in and
to all property of the Postal Service shall be transferred to a
corporation if, within 1 year after the date of the enactment of this
Act, such corporation satisfies the requirements set forth in section
2.
(b) Specific Requirement.--The plan prescribed under section 3
shall include such provisions as may be necessary to ensure that no
payment shall be required in consideration for any rights or assets of
the Postal Service which are transferred pursuant to this Act.
SEC. 2. REQUIREMENTS FOR THE CORPORATION.
(a) In General.--A corporation shall be considered to satisfy the
requirements of this section if such corporation--
(1) is incorporated under the laws of a State;
(2) is not a department, agency, or establishment of the
United States;
(3) is incorporated by not more than 9 individuals who are
especially qualified to establish and operate an effective mail
system by virtue of their education, training, or experience,
and who are chosen by the employees of the Postal Service in an
election which shall be held at such time and in such manner as
the President shall by regulation prescribe;
(4) includes among its purposes the delivery of postal
services in a manner consistent with section 101(b) of title
39, United States Code, at rates established in a manner
consistent with section 101(d) of such title;
(5) issues securities in a manner consistent with
subsection (b); and
(6) satisfies such other requirements as the President may
by regulation prescribe in order to carry out the purposes of
this Act.
(b) Securities.--Any securities issued by the corporation--
(1) shall, during the 1-year period beginning on the date
of the enactment of this Act, be issued--
(A) only to employees of the Postal Service;
(B) under a system (as developed under section 4)
which provides that securities shall be issued to
individuals based on their years of service and levels
of compensation; and
(C) subject to such terms and conditions, including
terms and conditions relating to the sale, transfer, or
other disposition of such securities following their
issuance by the corporation, as may be necessary to
promote the retention of well-qualified personnel; and
(2) may, after the end of that period, be offered for sale
to members of the general public under such terms and
conditions as the corporation considers appropriate.
(c) Retirement Benefits.--Retirement benefits provided to employees
of the corporation must be comparable to those which would have been
afforded to those individuals as employees of the Postal Service had
this Act not been enacted.
SEC. 3. TRANSFER PLAN; PRESIDENTIAL DETERMINATION; RATE-SETTING
AUTHORITY.
(a) Transfer Plan.--Not later than the sixtieth day after the date
on which a corporation first satisfies the requirements of section 2,
as determined under subsection (b), the President shall, in conformance
with the requirements of section 1, and after consultation with the
commission under section 4, transmit to Congress--
(1) a comprehensive plan providing for the orderly transfer
of all property subject to this Act, including a timetable
under which such transfer is completed not later than 180 days
after the date on which such corporation first satisfies such
requirements; and
(2) such recommendations for legislation as the President
considers necessary in order to carry out the plan described in
paragraph (1), including recommendations--
(A) for the abolishment of the Postal Service;
(B) for the continuation of the private express
statutes with respect to the corporation during the
first 5 years of its existence; and
(C) for the repeal or modification of appropriate
Federal statutes.
(b) Presidential Determination.--The President shall, for purposes
of this section, determine the date on which a corporation first
satisfies the requirements of section 2.
(c) Rate-Setting Authority.--After consulting with the Postal Rate
Commission, the President shall develop and include as part of the
recommendations submitted under subsection (a) proposals relating to
the means by which rates of postage would be established during the 5-
year period referred to in subsection (a)(2)(B). Such recommendations
may include continuing any operations of the Postal Rate Commission
(whether on a modified basis or otherwise) which may be appropriate.
SEC. 4. POSTAL PRIVATIZATION COMMISSION.
(a) Establishment.--In order to carry out the functions set forth
in sections 2(b)(1)(B) and 3(a), there is established a commission to
be known as the ``Postal Privatization Commission''.
(b) Membership.--The Commission shall consist of 12 members, to be
selected by the President, of whom--
(1) 3 shall be selected from among individuals recommended
jointly by the Speaker of the House of Representatives and the
President pro tempore of the Senate;
(2) 3 shall be selected to represent the interests of
employees of the Postal Service;
(3) 3 shall be selected to represent the interests of
postal management; and
(4) 3 shall be selected from such other postal experts as
the President considers appropriate.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall be paid at the daily equivalent
of a rate, not to exceed the rate of basic pay payable for
level IV of the Executive Schedule, for each day (including
travel time) during which they are engaged in the performance
of duties of the Commission.
(2) Exception.--Members of the Commission who are full-time
officers or employees of the United States shall receive no
additional pay by reason of their service on the Commission.
(d) Termination.--The Commission shall cease to exist as of the
date on which the work of the Commission has been completed.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``Postal Service'' means the United States
Postal Service and the Postal Rate Commission;
(2) the term ``property'', when used with respect to the
Postal Service, means all assets and rights, and all
liabilities and obligations, of the Postal Service; and
(3) the term ``State'' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico.
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Provides for the transfer of the United States Postal Service to a private corporation.
Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary.
Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Aid Reporting Reform Act of
1993''.
SEC. 2. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION REPORT.
(a) In General.--In conjunction with the submission of the annual
requests for enactment of authorizations and appropriations for foreign
assistance programs for each fiscal year, the President shall submit to
the Congress a single report containing--
(1) an integrated justification for all foreign assistance
programs proposed by the President for the coming fiscal year;
and
(2) an assessment of when the objectives of those programs
will be achieved so that the assistance can be terminated.
(b) Specific Information To Be Provided.--Each such report shall
include the following:
(1) Information regarding a foreign assistance program
generally.--For each foreign assistance program taken as a
whole--
(A) the total amount of assistance proposed to be
provided under that program;
(B) the justification for that amount;
(C) the objectives that assistance under that
program is intended to achieve;
(D) an explanation of the relationship of
assistance under that program to assistance under other
foreign assistance programs; and
(E) the President's estimation of the date by which
the objectives of that program will be achieved and the
program terminated.
(2) Information regarding specific assistance recipients.--
For each country or organization which is a proposed recipient
of assistance under any foreign assistance program--
(A) the amount of each type of assistance proposed;
(B) the justification for providing each such type
of assistance;
(C) the objectives that each such type of
assistance is intended to achieve;
(D) an explanation of the relationship of each type
of assistance proposed to other types of assistance
proposed for that recipient; and
(E) the President's estimation of the date by which
the objectives of assistance for such recipient under
each foreign assistance program will be achieved and
assistance under that program to that recipient
terminated.
The information required by subparagraphs (A) through (E) shall
be provided on a recipient-by-recipient basis.
(3) Information regarding centrally-funded programs.--For
each centrally-funded program under a foreign assistance
program--
(A) the amount proposed for such program;
(B) the justification for such program;
(C) the objectives each such program is intended to
achieve;
(D) an explanation of the relationship of such
program to other types of assistance proposed under
that foreign assistance program and under other foreign
assistance programs; and
(E) the President's estimation of the date by which
the objectives of such program will be achieved and
such program terminated.
SEC. 3. REQUIREMENT FOR CONGRESSIONAL EXPLANATION OF PROPOSED CHANGES
TO THE PRESIDENT'S FOREIGN ASSISTANCE BUDGET.
Any committee of the Congress reporting legislation authorizing the
enactment of new budget authority for, or providing new budget
authority for, foreign assistance programs shall include in the report
accompanying that legislation an explanation for any change proposed by
that committee--
(1) in the total amount of new budget authority authorized
or provided (as the case may be) for any foreign assistance
program as compared to the amount proposed by the President; or
(2) in the amount of assistance for any specific recipient
of assistance, or for any centrally-funded program, under any
foreign assistance program as compared to the amount proposed
by the President.
SEC. 4. DEFINITION OF FOREIGN ASSISTANCE PROGRAMS.
As used in this Act, the term ``foreign assistance program''
includes--
(1) any program of assistance authorized by the Foreign
Assistance Act of 1961 (such as the development assistance
program, the economic support fund program, and the
international military education and training program) or
authorized by the African Development Foundation Act, section
401 of the Foreign Assistance Act of 1969 (relating to the
Inter-American Development Foundation), or any other foreign
assistance legislation;
(2) any program of grant, credit, or guaranty assistance
under the Arms Export Control Act;
(3) assistance under the Migration and Refugee Assistance
Act of 1962;
(4) assistance under any title of the Agricultural Trade
Development and Assistance Act of 1954;
(5) contributions to the International Monetary Fund;
(6) contributions to the International Bank for
Reconstruction and Development, the International Development
Association, or any other institution within the World Bank
group; and
(7) contributions to any regional multilateral development
bank.
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Foreign Aid Reporting Reform Act of 1993 - Directs the President, in conjunction with the submission of annual requests for enactment of authorizations and appropriations for foreign assistance programs, to submit to the Congress a single report containing: (1) an integrated justification for all foreign assistance programs proposed for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated.
Directs congressional committees reporting legislation authorizing the enactment of or providing new budget authority for foreign assistance programs to include in reports accompanying such legislation an explanation for any change proposed in: (1) the total amount of new budget authority authorized or provided for any program as compared to the amount proposed by the President; or (2) the amount of assistance for any specific recipient or for any centrally-funded program as compared to the amount proposed by the President.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergency Medical Services
Commemorative Work Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) each year, throughout the United States, the 850,000
first responders of Emergency Medical Services answer more than
30,000,000 calls to serve 22,000,000 patients in need of life-
saving care and comfort at a moment of notice and without
reservation;
(2) with little regard for their own safety and in the face
of all hazards, the first responders of Emergency Medical
Services respond across the spectrum of incidents from a
medical emergency of a single person to naturally occurring or
manmade disasters, including terrorist attacks that threaten
the entire United States;
(3) the commitment of the first responders of Emergency
Medical Services to others, at a moment of notice and despite
risk, exemplifies the finest traditions of the spirit of the
people of the United States;
(4) as an element of the homeland defense strategy of the
United States, Emergency Medical Services stands on the
``Nation's first line of defense in the prevention and
mitigation of risk from terrorist attacks, man-made incidents,
and natural disasters'';
(5) the first responders of Emergency Medical Services,
along with the members of Law Enforcement and Fire Services,
serving in both the public and private sectors as career and
volunteer emergency medical service providers--
(A) are a critical element of the homeland and
national security efforts of the United States; and
(B) provide for the domestic tranquility of the
citizens of the United States;
(6) all too often the risks associated with the critical
role of Emergency Medical Services results in an unacceptable
rate of injury and fatality to first responders;
(7) statistics compiled by the Department of Labor and the
National Highway Safety Administration indicate that Emergency
Medical Services providers--
(A) die in the line of duty at a rate more than
twice the national average for all occupational
fatalities; and
(B) experience an injury rate of virtually 100
percent during the careers of the providers;
(8) the United States has historically and continually
relied on the selfless and ultimate sacrifices made by citizens
in service to the United States and the families and loved ones
of citizens in service to the United States, in order to
maintain the domestic tranquility, safety, and security of the
United States;
(9) the first responders of Emergency Medical Services
continue to serve in this finest tradition, in the face of
unacceptable sacrifice, risk, and danger in service to the
United States and the citizens of the United States;
(10) the scope of responsibility assumed by the first
responders of Emergency Medical Services is broad and unique;
and
(11) the sacrifice and commitment of the first responders
of Emergency Medical Services in service to the United States
is deserving of a commemorative work that recognizes the
sacrifice and commitment of the first responders.
SEC. 3. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK BY THE NATIONAL
EMERGENCY MEDICAL SERVICES MEMORIAL FOUNDATION.
(a) In General.--The National Emergency Medical Services Memorial
Foundation (referred to in this section as the ``Foundation'') may
establish a commemorative work on Federal land in the District of
Columbia and its environs to commemorate the commitment and service
represented by Emergency Medical Services.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Payment of Expenses.--
(1) Responsibility of national emergency medical services
memorial foundation.--The Foundation shall be solely
responsible for acceptance of contributions for, and payment of
the expenses of, the establishment of the commemorative work
under this section.
(2) Use of federal funds prohibited.--Federal funds may not
be used to pay any expense of the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If on payment of all expenses for the
establishment of the commemorative work (including the
maintenance and preservation amount required by section
8906(b)(1) of title 40, United States Code), there remains a
balance of funds received for the establishment of the
commemorative work under this section, the Foundation shall
transmit the amount of the balance to the Secretary of the
Interior for deposit in the account provided for in section
8906(b)(3) of title 40, United States Code.
(2) On expiration of authority.--If on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work under
this section, the Foundation shall transmit the amount of the
balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary of the Interior
or Administrator of General Services, as appropriate, in
accordance with the process provided in section 8906(b)(4) of
title 40, United States Code, for accounts established under
paragraph (2) or (3) of section 8906(b) of title 40, United
States Code.
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National Emergency Medical Services Commemorative Work Act This bill authorizes the National Emergency Medical Services Memorial Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to pay tribute to the commitment and service represented by emergency medical services. The Foundation shall: (1) be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work; and (2) transmit excess funds received for such work to the Department of the Interior for deposit into a National Park Foundation account.
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Change the following text into a summary: SECTION 1. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Pub. L. 109-59; 119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by striking ``2009.'' and inserting ``2009,
$235,000,000 for fiscal year 2010, and $117,500,000 for the
period from October 1, 2010, through March 31, 2011.''.
(b) Highway Safety Research and Development.--Section 2001(a)(2) of
such Act (Pub. L. 109-59; 119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by striking ``2009.'' and inserting ``2009,
$107,329,000 for fiscal year 2010, and $54,122,201 for for the
period from October 1, 2010, through March 31, 2011.''.
(c) Occupant Protection Incentive Grants.--
(1) Extension of program.--Section 405 of title 23, United
States Code, is amended--
(A) by striking ``6'' in subsection (a)(3) and
inserting ``8''; and
(B) by striking ``fifth and sixth'' in subsection
(a)(4)(C) and inserting ``fifth, sixth, seventh, and
eighth''.
(2) Authorization of appropriations.--Section 2001(a)(3) of
such Act (Pub. L. 109-59; 119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$25,000,000 for fiscal year 2010, and $12,500,000 for
the period from October 1, 2010, through March 31,
2011.''.
(d) Safety Belt Performance Grants.--
(1) Extension of program.--Section 406 of title 23, United
States Code, is amended--
(A) by striking ``2009'' in subsection (c)(1) and
inserting ``2011''; and
(B) by striking ``July 1, 2009,'' in subsection
(d)(1) and inserting ``July 1, 2009, July 1, 2010, and
March 1, 2011,''.
(2) Authorization of appropriations.--Section 2001(a)(4) of
such Act (Pub. L. 109-59; 119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$124,500,000 for fiscal year 2010, and $62,250,000 for
the period from October 1, 2010, through March 31,
2011.''.
(e) State Traffic Safety Information System Improvements.--Section
2001(a)(5) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by striking ``2009.'' and inserting ``2009, $34,500,000
for fiscal year 2010, and $17,250,000 for the period from
October 1, 2010, through March 31, 2011.''.
(f) Alcohol-Impaired Driving Countermeasures Incentive Grant
Program.--
(1) Extension of program.--Section 410 of title 23, United
States Code, is amended--
(A) by striking ``fifth, sixth,, seventh, and
eighth'' in subsection (a)(3)(C) and inserting ``fifth
through tenth''; and
(B) by striking ``2008 and 2009'' in subsection
(b)(2)(C) and inserting ``2008, 2009, 2010, and 2011''.
(2) Authorization of appropriations.--Section 2001(a)(6) of
such Act (Pub. L. 109-59; 119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$139,000,000 for fiscal year 2010, and $69,500,000 for
the period from October 1, 2010, through March 31,
2011.''.
(g) National Driver Register.--Section 2001(a)(7) of such Act (Pub.
L. 109-59; 119 Stat. 1520) is amended--
(1) by striking ``and''; and
(2) by striking ``2009.'' and inserting ``2009, $4,078,000
for fiscal year 2010, and $2,058,537 for the period from
October 1, 2010, through March 31, 2011.''.
(h) High Visibility Enforcement Program.--
(1) Extension of program.--Section 2009(a) of such Act (23
U.S.C. 402 note) is amended by striking ``2009.'' and inserting
``2011.''.
(2) Authorization of appropriations.--Section 2001(a)(8) of
such Act (Pub. L. 109-59; 119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$29,000,000 for fiscal year 2010, and $14,500,000 for
the period from October 1, 2010, through March 31,
2011.''.
(i) Motorcyclist Safety.--
(1) Extension of program.--Section 2010(d)(1)(B) of such
Act (23 U.S.C. 402 note) is amended by striking ``and fourth''
and inserting ``fourth, fifth, and sixth''.
(2) Authorization of appropriations.--Section 2001(a)(9) of
such Act (Pub. L. 109-59; 119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$7,000,000 for fiscal year 2010, and $3,500,000 for the
period from October 1, 2010, through March 31, 2011.''.
(j) Child Safety and Child Booster Seat Safety Incentive Grants.--
(1) Extension of program.--Section 2011(c)(2) of such Act
(23 U.S.C. 405 note) is amended by striking ``fourth'' and
inserting ``fourth, fifth, and sixth''.
(2) Authorization of appropriations.--Section 2001(a)(10)
of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by striking ``2009.'' and inserting ``2009,
$7,000,000 for fiscal year 2010, and $3,500,000 for the
period from October 1, 2010, through March 31, 2011.''.
(k) Administrative Expenses.--Section 2001(a)(11) of such Act (Pub.
L. 109-59; 119 Stat. 1520) is amended--
(1) by striking ``and'' the last place it appears; and
(2) by striking ``2009.'' and inserting ``2009, $25,047,000
for fiscal year 2010, and $12,664,206 for the period from
October 1, 2010, through March 31, 2011.''.
(l) Applicability of Title 23.--Section 2001(c) of such Act (Pub.
L. 109-59; 119 Stat. 1520) is amended by striking ``2009'' and
inserting ``2011''.
(m) Drug-Impaired Driving Enforcement.--Section 2013(f) of such Act
(23 U.S.C. 403 note) is amended by striking ``2009,'' and inserting
``2011,''.
(n) Older Driver Safety; Law Enforcement Training.--Section 2017 of
such Act (23 U.S.C. 402 note) is amended--
(1) by striking ``2009'' in subsection (a)(1) and inserting
``2011''; and
(2) by striking ``2009'' in subsection (b)(2) and inserting
``2011''.
SEC. 2. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
(a) Motor Carrier Safety Grants.--Section 31104(a) of title 49,
United States Code, is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``2009.'' in paragraph (5) and inserting
``2009;''; and
(3) by adding at the end thereof the following:
``(6) $209,000,000 for fiscal year 2010; and
``(7) $104,500,000 for the period from October 1, 2010,
through March 31, 2011.''.
(b) Administrative Expenses.--Section 31104(i)(1) of title 49,
United States Code, is amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2009.'' in subparagraph (E) and inserting
``2009;''; and
(3) by adding at the end thereof the following:
``(F) $239,828,000 for fiscal year 2010; and
``(G) $121,076,000 for the period from October 1,
2010, through March 31, 2011.''.
(c) Grant Programs.--Section 4101(c) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub.
L. 109-59, 119 Stat.1715) is amended--
(1) by striking ``2009.'' in paragraph (1) and inserting
``2009, $25,000,000 for fiscal year 2010, and $12,500,000 for
the period from October 1, 2010, through March 31, 2011.'';
(2) by striking ``2009.'' in paragraph (2) and inserting
``2009, $32,000,000 for fiscal year 2010, and $16,000,000 for
the period from October 1, 2010, through March 31, 2011.'';
(3) by striking ``2009.'' in paragraph (3) and inserting
``2009, $5,000,000 for fiscal year 2010, and $2,500,000 for the
period from October 1, 2010, through March 31, 2011.'';
(4) by striking ``2009.'' in paragraph (4) and inserting
``2009, $25,000,000 for fiscal year 2010, and $12,500,000 for
the period from October 1, 2010, through March 31, 2011.''; and
(5) by striking ``2009.'' in paragraph (5) and inserting
``2009, $3,000,000 for fiscal year 2010, and $1,500,000 for the
period from October 1, 2010, through March 31, 2011.''.
(d) High Priority Activities.--Section 31104(k)(2) of title 49,
United States Code, is amended by striking ``2009'' and inserting
``2009, $15,000,000 for fiscal year 2010, and $7,500,000 for the period
from October 1, 2010, through March 31, 2011,''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended by inserting ``(up to $14,500,000 for the
period from October 1, 2010, through March 31, 2011)'' after ``fiscal
year''.
(f) Commercial Driver's License Information System Modernization.--
Section 4123(d) of such Act (Pub. L. 109-59, 119 Stat.1736) is
amended--
(1) by striking ``and'' in paragraph (3);
(2) by striking ``2009.'' in paragraph (4) and inserting
``2009;''; and
(3) by adding at the end thereof the following:
``(5) $8,000,000 for fiscal year 2010; and
``(6) $4,000,000 for the period from October 1, 2010,
through March 31, 2011.''.
(g) Outreach and Education.--Section 4127(e) of such Act (Pub. L.
109-59, 119 Stat.1741) is amended by striking ``and 2009'' and
inserting ``2009, and 2010, and $500,000 to the Federal Motor Carrier
Safety Administration, and $1,500,000 to the National Highway Traffic
Safety Administration for the period from October 1, 2010, through
March 31, 2011,''.
(h) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of such Act (Pub. L. 109-59, 119 Stat.1744) is amended by
striking ``2009'' and inserting ``2010, and $500,000 for the period
from October 1, 2010, through March 31, 2011,''.
(i) Motor Carrier Safety Advisory Committee.--Section 4144(d) of
such Act (Pub. L. 109-59, 119 Stat.1748) is amended by striking
``September 30, 2010.'' and inserting ``March 31, 2011.''.
(j) Working Group for Development of Practices and Procedures To
Enhance Federal-State Relations.--Section 4213(d) of such Act (49
U.S.C. 14710 note)) is amended by striking ``September 30, 2009.'' and
inserting ``March 31, 2011.''.
SEC. 3. ADDITIONAL EXTENSIONS.
(a) Hazardous Materials Research Projects.--Section 7131(c) of such
Act (Pub. L. 109-59; 119 Stat. 1910) is amended by striking ``through
2009'' and inserting ``through 2010, and $625,000 for the period
October 1, 2010, through March 31, 2011,''.
(b) Dingell Johnson Sport Fish Restoration Act.--Section 4(c) of
the Dingell Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
amended--
(1) by inserting ``fiscal year 2010, and the period from
October 1, 2010, through March 31, 2011,'' in subsection (a)
after ``2009,''; and
(2) by inserting ``fiscal year 2010, and the period from
October 1, 2010, through March 31, 2011,'' in subsection
(b)(1)(A) after ``2009,''.
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Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend through FY2010 and the period October 1, 2010-March 31, 2011, the authorization of appropriations funded by the Highway Trust Fund (HTF) (other than the Mass Transit Account) for National Highway Traffic Safety Administration (NHTSA) highway safety programs, including: (1) highway safety research and development; (2) the occupant protection incentive grants program; (3) the safety belt performance grants program; (4) state traffic safety information system improvements; (5) the alcohol-impaired driving countermeasures incentive grant program; (6) the National Driver Register; (7) the high visibility enforcement program; (8) the motorcyclist safety program; (9) the child safety and child booster seat safety incentive grants program; and (10) NHTSA administrative expenses.
Extends funding through FY2011 for: (1) drug-impaired driving enforcement; and (2) programs to improve older driver safety and provide law enforcement training.
Extends through FY2010 and the period October 1, 2010-March 31, 2011, the authorization of appropriations funded by the HTF (other than the Mass Transit Account) for Federal Motor Carrier Safety Administration (FMCSA) motor carrier safety programs, including: (1) the motor carrier safety grants program; (2) FMCSA administrative expenses; (3) a set-aside for high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations; (4) a set-aside for new entrant motor carrier audits; (5) state commercial driver's license information system modernization; (6) a motor safety outreach and education program; and (7) a grant program to train commercial motor vehicle operators in the safe use of commercial vehicles.
Extends through March 31, 2011: (1) the motor carrier safety advisory committee; and (2) the working group for development of practices and procedures to enhance federal-state relations.
Extends through FY2010 and the period October 1, 2010-March 31, 2011, the funding for hazardous materials research projects.
Amends the Dingell Johnson Sport Fish Restoration Act to extend through FY2010 and the period October 1, 2010-March 31, 2011, the current requirements for distribution of appropriations for fish restoration and management projects.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dungeness Crab Conservation and
Management Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the ocean Dungeness crab (Cancer magister) fishery
adjacent to the States of Washington, Oregon, and California
has been successfully conserved and managed by those States
since the 19th century;
(2) in recognition of the need for coastwide conservation
of Dungeness crab, the States of Washington, Oregon, and
California have--
(A) enacted certain laws that promote conservation
of the resource;
(B) signed a memorandum of understanding declaring
the intent of those States to take mutually supportive
actions to further the management of Dungeness crab;
and
(C) through the Pacific States Marine Fisheries
Commission, formed the Tri-State Dungeness Crab
Committee to provide a public forum for coordinating
conservation and management actions;
(3) tribal treaty rights to crab under the subproceeding
numbered 89-3 in United States v. Washington, D.C. No. CV-70-
09213, are being implemented by the State of Washington through
annual preseason negotiations with the affected Indian tribes;
(4) the expiration of interim authority referred to in
paragraph (7) will jeopardize the ability of the State to
effectively provide for State-tribal harvest agreements that
include restrictions on nontreaty fishers in the exclusive
economic zone;
(5) the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) requires that Federal
fishery management plans be established for fisheries that
require conservation and management;
(6) under the Magnuson-Stevens Fishery Conservation and
Management Act, several fisheries in the Atlantic and Pacific
Oceans, including king crab in the Gulf of Alaska, have
remained under the jurisdiction of individual States or
interstate organizations because conservation and management
can be better achieved without the implementation of a Federal
fishery management plan;
(7) section 112(d) of the Sustainable Fisheries Act (Public
Law 104-297; 110 Stat. 3596 though 3597) provided interim
authority for the States of Washington, Oregon, and California
to exercise limited jurisdiction over the ocean Dungeness crab
fishery in the exclusive economic zone and required the Pacific
Fishery Management Council to report to Congress on progress in
developing a fishery management plan for ocean Dungeness crab
and any impediments to that progress;
(8) the Pacific Fishery Management Council diligently
carried out the responsibilities referred to in paragraph (7)
by holding public hearings, requesting recommendations from a
committee of that Council and the Tri-State Dungeness Crab
Committee;
(9) representatives from the Indian tribes involved, the
west coast Dungeness crab industry, and the fishery management
agencies of the States of Washington, Oregon, and California
were consulted by the Pacific Fishery Management Council, and
the Council voted in public session on its final report; and
(10) by a unanimous vote, the Pacific Fishery Management
Council found that amending section 112 of the Sustainable
Fisheries Act and providing for permanent authority to the
States of Washington, Oregon, and California to manage, with
certain limitations, the ocean Dungeness crab fishery in that
portion of the exclusive economic zone adjacent to each of the
States, respectively, and continued participation by fishermen
and the Indian tribes subject to the tribal treaty rights
referred to in paragraph (3) would--
(A) best accomplish the conservation and management
of the ocean Dungeness crab fishery; and
(B) best serve the public interest.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the continued conservation and
management of ocean Dungeness crab in a manner that recognizes
the contributions of the States of Washington, Oregon, and
California and the needs of the Indian tribes that are subject
to the tribal treaty rights to crab described in subsection
(a)(3); and
(2) to carry out the recommendations that the Pacific
Fishery Management Council made in accordance with requirements
established by Congress.
SEC. 3. DEFINITIONS.
In this Act:
(1) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 3(11) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802(11)).
(2) Fishery.--The term ``fishery'' has the meaning given
that term in section 3(13) of the Magnuson-Stevens Fishery
Management Act (16 U.S.C. 1802(13)).
(3) Fishing.--The term ``fishing'' has the meaning given
that term in section 3(15) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(15)).
SEC. 4. AUTHORITY FOR MANAGEMENT OF DUNGENESS CRAB.
(a) In General.--Subject to the provisions of this section, and
notwithstanding section 306(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States
of Washington, Oregon, and California may adopt and enforce State laws
(including regulations) governing fishing and processing in the
exclusive economic zone adjacent to that State in any Dungeness crab
(Cancer magister) fishery for which there is no fishery management plan
in effect under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(b) Requirements for State Laws.--Any law adopted by a State under
this section for a Dungeness crab fishery--
(1) except as provided in paragraph (2), shall, without
regard to the State that issued the permit under which a vessel
is operating, apply equally to--
(A) vessels engaged in the fishery in the exclusive
economic zone; and
(B) vessels engaged in the fishery in the waters of
the State;
(2) shall not apply to any fishing by a vessel in the
exercise of tribal treaty rights; and
(3) shall include any provisions necessary to implement
tribal treaty rights in a manner consistent with the decision
of the United States District Court for the Western District of
Washington in United States v. Washington, D.C. No. CV-70-
09213.
(c) Exclusive Economic Zone.--
(1) In general.--Subject to paragraph (2), any law of the
State of Washington, Oregon, or California that establishes or
implements a limited entry system for a Dungeness crab fishery
may not be enforced against a vessel that--
(A) is otherwise legally fishing in the exclusive
economic zone adjacent to that State; and
(B) is not registered under the laws of that State.
(2) Exclusion.--A State referred to in paragraph (1) may
regulate the landing of Dungeness crab.
(d) Requirements for Harvest.--No vessel may harvest or process
Dungeness crab in the exclusive economic zone adjacent to the State of
Washington, Oregon, or California, except--
(1) as authorized by a permit issued by any of the States
referred to in subsection (c)(1); or
(2) under any tribal treaty rights to Dungeness crab in a
manner consistent with the decision of the United States
District Court for the Western District of Washington in United
States v. Washington, D.C. No. CV-70-09213.
(e) Statutory Construction.--Except as expressly provided in this
section, nothing in this section is intended to reduce the authority of
any State under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish
processing, or landing of fish.
SEC. 5. ELIMINATION OF INTERIM AUTHORITY.
Section 112 of the Sustainable Fisheries Act (Public Law 104-297;
110 Stat. 3596) is amended by striking subsection (d).
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Dungeness Crab Conservation and Management Act - Authorizes each of the States of Washington, Oregon, and California to adopt and enforce laws and regulations governing fishing and processing in the exclusive economic zone (EEZ) adjacent to that State in any Dungeness crab fishery for which there is no management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act. Prohibits harvesting or processing Dungeness crab in the EEZ adjacent to those States except as authorized by a permit issued by any of those States or under certain tribal rights. Removes related interim authority provisions of the Sustainable Fisheries Act.
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Make a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Sports
Athletic Equipment Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Football helmet safety standards.
Sec. 4. Application of third-party testing and certification
requirements to youth football helmets.
Sec. 5. False or misleading claims with respect to athletic sporting
activity goods.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Participation in sports and athletic activities
provides many benefits to children and should be encouraged.
(2) Participation in sports and athletic activities does
involve some inevitable risk of injury that no protective gear
or safety device can fully eliminate.
(3) Sports-related concussion is a form of traumatic brain
injury that can lead to lasting negative health consequences.
(4) Direct medical costs and indirect costs of traumatic
brain injuries totaled an estimated $60,000,000,000 in the
United States in the year 2000.
(5) Sports are the second leading cause of traumatic brain
injury for Americans who are 15 to 24 years old, behind only
motor vehicle crashes.
(6) Every year, American athletes suffer up to an estimated
3,800,000 sports-related concussions.
(7) The potential for catastrophic injury resulting from
multiple concussions make sports-related concussion a
significant concern for young athletes, coaches, and parents.
(8) Football has the highest incidence of concussions,
which also occur in many other sports such as baseball,
basketball, ice hockey, lacrosse, soccer, and softball.
(9) An estimated 4,500,000 children play football in
organized youth and school sports leagues, including
approximately 1,500,000 high school players.
(10) According to the Consumer Product Safety Commission,
more than 920,000 athletes under the age of 18 were treated in
emergency rooms, doctors' offices, and clinics for football-
related injuries in the year 2007.
(11) In any given football season, 20 percent of all high
school football players sustain brain injuries.
(12) One study that included a post-season survey of
football players found that 47 percent experienced at least one
concussion and almost 35 percent experienced multiple
concussions.
(13) Medical experts at Boston University School of
Medicine found that a deceased 18-year-old athlete, who had
experienced multiple concussions playing high school football,
suffered from chronic traumatic encephalopathy, a degenerative
brain disease caused by head trauma.
(14) A football helmet's ability to protect players from
injury by attenuating acceleration forces can decline over time
as the helmet experiences thousands of hits from use during
successive football seasons after its original date of
manufacture.
(15) According to industry estimates, 100,000 football
helmets more than ten years old, and thousands almost twenty
years old, were worn by players in the 2009 season.
(16) A high school football player who suffered brain
damage from being hit in the head soon after suffering a
previous concussion was wearing a twenty-year-old football
helmet when he was injured.
(17) Children as young as 5 years old rely on football
helmets to protect against head injury.
(18) The widespread adoption of a voluntary industry
standard for football helmet safety led to an 80-percent
reduction in life-threatening subdural hematoma injuries.
(19) The voluntary industry safety standard for football
helmets does not specifically address concussion risk.
(20) There is no voluntary industry safety standard
specifically for youth football helmets worn by children, who
have different physiological characteristics from adults in
terms of head size and neck strength, especially those who are
younger than 12 years old.
(21) Some football helmet manufacturers and resellers have
used misleading concussion safety claims to sell children's
football helmets.
(22) Some used helmet reconditioners have falsely certified
that reconditioned helmets provided to schools and youth
football teams met voluntary industry safety standards.
(23) Used helmet reconditioners do not independently test
reconditioned helmets before certifying that they meet
voluntary industry safety standards.
(24) The industry organization that sets voluntary football
helmet safety standards does not conduct independent testing
nor market surveillance to ensure compliance with such
voluntary safety standards by manufacturers and reconditioners
that certify new and used helmets to such standards.
(25) Football helmet manufacturers and reconditioners place
product warning labels underneath padding where the warning
labels are obscured from view and not clearly legible.
(26) The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) charges the Consumer Product Safety Commission with
protecting the public from unreasonable risks of serious injury
or death from consumer products, including consumer products
used in recreation and in schools.
(27) The Federal Trade Commission Act (15 U.S.C. 41 et
seq.) empowers the Federal Trade Commission to prevent unfair
or deceptive acts or practices, and prohibits the dissemination
of misleading claims for devices or services.
SEC. 3. FOOTBALL HELMET SAFETY STANDARDS.
(a) Voluntary Standard Determination.--Within 9 months after the
date of enactment of this Act, the Consumer Product Safety Commission
shall determine, with respect to a standard or standards submitted by a
voluntary standards-setting organization regarding youth football
helmets, reconditioned football helmets, and new football helmet
concussion resistance (if feasible) whether--
(1) compliance with the standard or standards is likely to
result in the elimination or adequate reduction of the risk of
injury in connection with the use of football helmets;
(2) it is likely that there will be substantial compliance
with the standard or standards; and
(3) the standard or standards are maintained by a
standards-setting organization that meets the requirements of
the document ``ANSI Essential Requirements: Due Process
Requirements for American National Standards'' published in
January 2010 by the American National Standards Institute (or
any successor document).
(b) Consumer Product Safety Standard.--Unless the Consumer Product
Safety Commission makes an affirmative determination with respect to a
standard or standards under subsection (a) that addresses the matters
to which the following standards would apply, the Commission shall
initiate a rulemaking proceeding for the development of a consumer
product safety rule with respect to the following:
(1) Youth football helmets.--A standard for youth football
helmets which is informed by children's different physiological
characteristics from adults in terms of head size and neck
strength.
(2) Reconditioned football helmets.--A standard for all
reconditioned football helmets.
(3) New football helmet concussion resistance.--A standard
for all new football helmets that addresses concussion risk, if
the Commission determines that such a standard is feasible
given current understanding of concussion risk and how helmets
can prevent concussion.
(4) Football helmet warning labels.--A standard for warning
labels on all football helmets that, at a minimum, requires
clearly legible and fully visible statements warning consumers
of the limits of protection afforded by the helmet. This
standard may include requirements for pictograms, instructions,
guidelines, or other cautions to consumers about injury risk
and the proper use of football helmets.
(5) Date of manufacture label for new football helmets.--A
standard for a clearly legible and fully visible label on all
new football helmets stating the football helmet's original
date of manufacture and warning consumers that a football
helmet's ability to protect the wearer can decline over time.
(6) Date of reconditioning label for reconditioned
helmets.--A standard for a clearly legible and fully visible
label on all reconditioned football helmets stating the
helmet's last date of reconditioning, its original date of
manufacture, and warning consumers that a football helmet's
ability to protect the wearer can decline over time, despite
being properly and regularly reconditioned.
(c) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of
coaches, consumer groups, engineers, medical experts,
school sports directors, scientists, and sports
equipment standard-setting organizations, examine and
assess the effectiveness of any voluntary consumer
product safety standards for youth football helmets,
reconditioned football helmets, and new football helmet
concussion resistance proposed by a voluntary
standards-setting organization; and
(B) in accordance with section 553 of title 5,
United States Code, promulgate consumer product safety
standards that--
(i) are substantially the same as such
voluntary standards; or
(ii) are more stringent than such voluntary
standards, if the Commission determines that
more stringent standards would further reduce
the risk of injury associated with football
helmets.
(2) Timetable for rulemaking.--If the Commission does not
make an affirmative determination under subsection (a) within
the 9-month period, the Commission shall commence the
rulemaking required by subsection (b) within 30 days after the
end of that 9-month period. The Commission shall periodically
review and revise the standards set forth in the consumer
product safety rule prescribed pursuant to that proceeding to
ensure that such standards provide the highest level of safety
for football helmets that is feasible.
SEC. 4. APPLICATION OF THIRD-PARTY TESTING AND CERTIFICATION
REQUIREMENTS TO YOUTH FOOTBALL HELMETS.
(a) In General.--The third-party testing and certification
requirements of section 14(a)(2) of the Consumer Product Safety Act (15
U.S.C. 2063(a)(2)) shall apply to any youth football helmet (including
a reconditioned youth football helmet) to which any consumer product
safety rule prescribed under section 3(b) of this Act applies as if the
helmet were a children's product that is subject to a children's
product safety rule without regard to the age of the individual for
whom it is primarily designed or intended.
(b) Special Application of Definition of Children's Product for
Purposes of Testing and Certification of Football Helmets.--For the
exclusive purpose of applying the definition of the term ``children's
product'' in section 3(a)(2) of the Consumer Product Safety Act (15
U.S.C. 2052(a)(2)) to the requirements of subsection (a) of this
section, ``18 years'' shall be substituted for ``12 years'' each place
it appears.
(c) For the purposes of this section, third-party testing and
certification shall be conducted by a testing laboratory that has an
accreditation--
(1) that meets International Organization for
Standardization/International Electrotechnical Commission
standard 17025:2005 entitled General Requirements for the
Competence of Testing and Calibration Laboratories (or any
successor standard that is from an accreditation body that is
signatory to the International Laboratory Accreditation
Cooperation for testing accreditation);
(2) that meets International Organization for
Standardization/International Electrotechnical Commission Guide
65:1996 entitled General Requirements for Bodies Operating
Product Certification Systems (or any successor standard that
is from an accreditation body that is signatory to the
International Accreditation Forum for product certification
accreditation); and
(3) that includes all appropriate football helmet standards
and test methods within the scope of the accreditation.
SEC. 5. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING
ACTIVITY GOODS.
(a) In General.--It is unlawful for any person to sell, or offer
for sale, in interstate commerce, or import into the United States for
the purpose of selling or offering for sale, any item of equipment
intended, designed, or offered for use by an individual engaged in any
athletic sporting activity, whether professional or amateur, for which
the seller or importer, or any person acting on behalf of the seller or
importer, makes any false or misleading claim with respect to the
safety benefits of such item.
(b) Enforcement by Federal Trade Commission.--
(1) In general.--Violation of subsection (a), or any
regulation prescribed under this section, shall be treated as a
violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive
acts or practices. The Federal Trade Commission shall enforce
this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this Act.
(2) Regulations.--Notwithstanding any other provision of
law, the Commission may promulgate such regulations as it finds
necessary or appropriate under this Act under section 553 of
title 5, United States Code.
(3) Penalties.--Any person who violates subsection (a) or
any regulation prescribed under that section, shall be subject
to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though all
applicable terms and provisions of the Federal Trade Commission
Act were incorporated in and made part of this Act.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(c) Enforcement by State Attorneys General.--
(1) Right of action.--Except as provided in paragraph (5),
the attorney general of a State, or other authorized State
officer, alleging a violation of subsection (a) or any
regulation issued under that section that affects or may affect
such State or its residents may bring an action on behalf of
the residents of the State in any United States district court
for the district in which the defendant is found, resides, or
transacts business, or wherever venue is proper under section
1391 of title 28, United States Code, to obtain appropriate
injunctive relief.
(2) Initiation of civil action.--A State shall provide
prior written notice to the Federal Trade Commission of any
civil action under paragraph (1) together with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall provide such notice
immediately upon instituting such action.
(3) Intervention by the commission.--The Commission may
intervene in such civil action and upon intervening--
(A) be heard on all matters arising in such civil
action; and
(B) file petitions for appeal of a decision in such
civil action.
(4) Construction.--Nothing in this section shall be
construed--
(A) to prevent the attorney general of a State, or
other authorized State officer, from exercising the
powers conferred on the attorney general, or other
authorized State officer, by the laws of such State; or
(B) to prohibit the attorney general of a State, or
other authorized State officer, from proceeding in
State or Federal court on the basis of an alleged
violation of any civil or criminal statute of that
State.
(5) Limitation.--No separate suit shall be brought under
this subsection if, at the time the suit is brought, the same
alleged violation is the subject of a pending action by the
Federal Trade Commission or the United States under this
section.
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Children's Sports Athletic Equipment Safety Act - Directs the Consumer Product Safety Commission (CPSC) to determine with respect to standards submitted by a voluntary standards-setting organization regarding youth football helmets, reconditioned helmets. and new helmet concussion resistance: (1) whether it is likely that there will be substantial compliance with the standards, (2) whether compliance with such standards is likely to result in the elimination or adequate reduction of the risk of injury, and (3) whether the standards are maintained by a standards-setting organization that meets American National Standards Institute requirements.
Directs the CPSC: (1) unless such determinations are affirmative, to initiate a rulemaking proceeding for a consumer product safety rule regarding standards for youth football helmets, reconditioned football helmets, new football helmet concussion resistance, football helmet warning labels, and date of manufacture or reconditioning labels for new or reconditioned football helmets; (2) to assess the effectiveness of any voluntary consumer product safety standards for such helmets and concussion resistance proposed by a voluntary standards-setting organization; (3) to promulgate standards that are substantially the same as such voluntary standards or standards that are more stringent if the more stringent standards would further reduce the risk of injury; and (4) to periodically review and revise the standards set forth in the rule to ensure that they provide the highest feasible level of safety.
Applies third-party testing and certification requirements of the Consumer Product Safety Act to any youth football helmet to which any rule prescribed under this Act applies as if the helmet were subject to a children's product safety rule, without regard to the age of the individual for whom it is primarily designed or intended. Provides that for the exclusive purpose of applying the definition of the term "children's product" under such requirements the term shall mean a consumer product designed or intended primarily for children 18 years of age or younger.
Prohibits the sale in interstate commerce, or the importation into the United States for the purpose of selling, of any item of equipment intended for use by an individual engaged in any athletic sporting activity for which the seller or importer makes any false or misleading claim regarding the safety benefits of such item. Provides for enforcement of such prohibition by the Federal Trade Commission and by state attorneys general.
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Change the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Center
for Transportation Solutions Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of National Center for Transportation Solutions.
Sec. 4. Duties of the Center.
Sec. 5. National Center for Transportation Solutions Board.
Sec. 6. Director of National Transportation Research.
Sec. 7. Organization of Center.
Sec. 8. Powers of Center.
Sec. 9. Center personnel matters.
Sec. 10. Regional centers for transportation solutions.
Sec. 11. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research and development are critical to developing and
maintaining a transportation system that meets the goals of
safety, mobility, economic vitality, efficiency, equity, and
environmental protection.
(2) Federal investment in transportation research and
development represents approximately 1 percent of overall
Government spending on transportation programs.
(3) While Congress increased funding for overall
transportation programs by about 40 percent in the
Transportation Equity Act for the 21st Century (Public Law 105-
178), funding for transportation research and development
remained relatively flat.
(4) Inadequate resources are devoted to research aimed at
long-term transportation goals.
(5) The competitive, peer-reviewed award of research
funding is best suited to address long-term, strategic research
needs.
(6) The diversity of transportation research programs that
address the needs of different customers poses challenges to
effective regional-based and university-based transportation
research centers, and short-term applied research and
development and long-term fundamental research and development.
(7) The wide-ranging subject matter of transportation
research makes effective priority setting difficult.
(8) In order to ensure that the United States
transportation system meets the goals of safety, mobility,
economic vitality, equity, and environmental protection, it is
in the interest of the United States to--
(A) increase Federal investment in long-range
transportation planning;
(B) initiate and support competitive, peer-reviewed
research into systemic transportation issues;
(C) better coordinate the research and development
programs of the Department of Transportation;
(D) foster the interchange of transportation
research and development data among interested parties;
and
(E) establish nationwide priorities in Federal
transportation research and development.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR TRANSPORTATION SOLUTIONS.
There is hereby established as an independent agency in the
executive branch of government the National Center for Transportation
Solutions (hereafter in this Act referred to as the ``Center''). The
Center shall consist of the National Center for Transportation
Solutions Board established under section 5 and the Director of
National Transportation Research appointed under section 6. Except as
otherwise provided in this Act, the National Center for Transportation
Solutions Board shall exercise the authorities of the Center.
SEC. 4. DUTIES OF THE CENTER.
(a) Research and Development.--
(1) Long-term policy.--The Center shall develop and
encourage the execution of a long-term national policy for the
promotion of research and development related to multimodal
transportation.
(2) Projects.--The Center shall initiate and support
research and development projects related to multimodal
transportation that--
(A) are of long-term significance;
(B) have clear public benefits and in which private
investment is not optimal due to the failure of, or
distortions in, the market; or
(C) are not otherwise conducted in the public or
private sectors.
(b) Grants.--The Center is authorized to award competitive, merit-
based grants to academic, public, and private research institutions to
support long-term, strategic transportation objectives.
(c) Coordination of Research and Development.--The Center shall
facilitate the interchange of transportation research data among
interested parties in the United States, including by--
(1) serving as a clearinghouse of information for
individuals engaged in transportation research and development
in the United States;
(2) consulting with officials from the Department of
Transportation in the development of recommendations related to
transportation research; and
(3) coordinating scientific research programs with public
and private research groups.
(d) Evaluation of Research and Development Programs.--The Center
shall evaluate programs related to transportation research and
development that are conducted by the United States Government.
(e) Annual Report.--
(1) In general.--Not later than January 15, 2006, and
annually thereafter, the Director of National Transportation
Research shall submit to Congress a report on activities
undertaken by the Center during the fiscal year ending in the
previous calendar year.
(2) Recommendations.--Each report submitted under paragraph
(1) shall include recommendations on research and development
related to multimodal transportation, including any minority
views and recommendations of members of the National Center for
Transportation Solutions Board.
SEC. 5. NATIONAL CENTER FOR TRANSPORTATION SOLUTIONS BOARD.
(a) Establishment.--There is hereby established the National Center
for Transportation Solutions Board (hereafter in this Act referred to
as the ``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of the
Director of National Transportation Research, who shall serve
ex officio, and 16 voting members, of whom--
(A) four shall be appointed by the Secretary of
Transportation;
(B) four shall be appointed by the Director of the
National Academies; and
(C) eight shall be appointed by the President, in
consultation with the majority leader of the Senate,
the minority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of
the House of Representatives, by and with the advice
and consent of the Senate.
(2) Qualifications.--The members of the Board shall--
(A) represent various professions and occupations
in the public and private sectors;
(B) to the extent practicable, represent a broad
range of regions of the United States; and
(C) possess skills and experience appropriate to
the functions and responsibilities of the Center.
(c) Appointment; Vacancies.--
(1) Initial appointments.--The initial members of the Board
shall be appointed not less than 90 days after the date of
enactment of this Act.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), members shall serve for terms of 6 years. No
member may serve for more than two consecutive terms.
(B) Staggered terms.--The terms of the members
shall be staggered, with the initial members appointed
for the following initial terms:
(i) Six members shall serve for a term of
six years.
(ii) Five members shall serve for a term of
four years.
(iii) Five members shall serve for a term
of two years.
(C) Non-election year expiration.--The term of a
member under this subsection shall not expire during a
calendar year in which an election occurs to select the
President or any members of the Senate or the House of
Representatives (not including special elections). The
initial terms described under subparagraph (B) may, at
the discretion of the Director, be extended for not to
exceed one year for purposes of complying with the
requirements of this subparagraph.
(3) Vacancies.--Any vacancy in the Board shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Board have been appointed, the
Board shall hold its first meeting.
(2) Meetings.--The Board shall meet at the call of the
Chair.
(3) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold
hearings.
(e) Chairman and Vice Chairman.--
(1) Selection.--The Board shall select a Chairman and Vice
Chairman from among its members.
(2) Terms.--The Chairman and Vice Chairman shall serve for
2-year terms. An individual may not serve for more than two
consecutive terms as Chairman.
SEC. 6. DIRECTOR OF NATIONAL TRANSPORTATION RESEARCH.
(a) Director.--There shall be a Director of National Transportation
Research who shall be appointed by the President, by and with the
consent of the Senate (hereafter in this Act referred to as the
``Director''). The Board shall have an opportunity to make
recommendations to the President with respect to the appointment of the
Director.
(b) Duties.--The Director--
(1) shall serve as the chief executive office of the
Center;
(2) is authorized to carry out the authorities and powers
of the Center; and
(3) shall serve as a nonvoting, ex officio member of the
Board.
(c) Term.--The Director shall serve for a term of six years unless
earlier removed by the President.
(d) Salary.--The rate of pay for the Director may not exceed the
rate payable for level V of the Executive Schedule under section 5316
of title 5, United States Code.
SEC. 7. ORGANIZATION OF CENTER.
(a) Divisions.--Subject to the discretion of the Board, the Center
shall be organized into the following divisions:
(1) The Division of Transportation Safety.
(2) The Division of Environmental, Energy, and Land Use
Planning.
(3) The Division of Infrastructure.
(4) The Division of Intermodal Connections.
(5) The Division of Transportation Economics and Financial
Policy.
(6) Such other divisions as the Board determines
appropriate.
(b) Division Committees.--
(1) In general.--Each division under subsection (a) shall
have a committee that shall make recommendations to, consult
with, and advise the Board and the Director with respect to the
issues covered by such division.
(2) Composition.--Each division committee shall be composed
of not less than five members who may be, but need not be,
members of the Board.
(3) Terms.--Members of the division committees shall serve
for terms of two years.
(4) Chairmen.--Each division committee shall annually elect
a Chairman from among its members.
(5) Procedures.--Each division committee shall prescribe
its own rules of procedure, subject to such restrictions as may
be prescribed by the Board.
SEC. 8. POWERS OF CENTER.
(a) Hearings.--The Board and each division committee may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Board or such division committee
considers advisable to carry out this Act.
(b) Information From Federal Agencies.--The Board and each division
committee may secure directly from any Federal department or agency
such information as the Board or such division committee considers
necessary to carry out this Act. Upon request of the Chairman of the
Board or the Chairman of a division committee, the head of such
department or agency shall furnish such information to the Board or the
division committee, as the case may be.
(c) Contracts.--The Board is authorized to enter into contracts and
cooperative agreements to carry out the purposes of this Act, including
sole source agreements with the National Academy of Sciences and other
entities to provide studies to assist the Board in developing policies
and strategies.
(d) Postal Services.--The Board and the division committees may use
the United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal Government.
(e) Gifts.--The Board and the division committees may accept, use,
and dispose of gifts or donations of services or property.
(f) Publication of Research.--The Center may publish the results of
its research.
SEC. 9. CENTER PERSONNEL MATTERS.
(a) Staff.--
(1) In general.--The Director may, without regard to civil
service laws and regulations, appoint and terminate such
personnel from among personnel of the Department of
Transportation and the National Academies as may be necessary
to enable the Center to perform its duties.
(2) Responsibilities.--The staff of the Center appointed
under paragraph (1) shall, at the discretion of the Director,
carry out the following responsibilities:
(A) Submit to the Board a multiyear strategic plan
and annual plans for the Center.
(B) Develop an annual budget for the Center.
(C) Administer the programs of the Center,
including through oversight of the grant program under
section 4(b).
(D) Provide staff support to the Board.
(E) Report periodically to the Board on the
progress of the programs of the Center.
(F) Coordinate with personnel from the Department
of Transportation, the National Science Foundation, the
Transportation Research Board, and other independent
organizations that focus on transportation issues in
order to leverage intellectual and other resources.
(3) Compensation.--The Director may fix the compensation of
Center personnel without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for personnel may not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Center without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(6) Acceptance of volunteer services.--The Director may
accept volunteer services to carry out activities under this
Act without regard to section 1342 of title 31, United States
Code.
SEC. 10. REGIONAL CENTERS FOR TRANSPORTATION SOLUTIONS.
(a) In General.--Not later than September 30, 2005, the Director
shall award grants to establish regional centers for transportation
solutions. One regional center shall be located in each of 4 regions
established by the Board for the northeast, northwest, southeast, and
southwest regions of the United States.
(b) Research.--The regional centers established under this section
shall initiate and support research projects into regional multimodal
transportation issues that--
(1) are of long-term significance;
(2) have clear public benefits and in which private
investment is not optional due to the failure of, or
distortions in, the market; or
(3) are not otherwise conducted in the public or private
sectors.
(c) Northeast Regional Center.--The location of the regional center
established under this section for the northeast region of the United
States shall be located in a State that--
(1) is one of the 5 States with the highest levels of
traffic congestion in the United States, based on the ratio of
annual vehicle miles traveled on National Highway System roads
that are located in the State to the number of National Highway
System lane miles that are located in such State; and
(2) is one of the 10 States with the highest levels of
traffic congestion in the United States, based on the ratio of
miles of National Highway System roads that are located in
urban areas in the State to the number of National Highway
System lane miles that are located in urban areas in such
State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the Highway Trust Fund
the following sums to carry out the purposes of this Act:
(1) In fiscal year 2006, $50,000,000.
(2) In fiscal year 2007, $100,000,000.
(3) In fiscal year 2008, $150,000,000.
(4) In fiscal year 2009, $200,000,000.
(5) In fiscal year 2010, $250,000,000.
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National Center for Transportation Solutions Act of 2004 - Establishes the National Center for Transportation Solutions, consisting of the National Center for Transportation Solutions Board and the Director of National Transportation Research.
Directs the Center to develop and encourage the execution of a long-term national policy for the promotion of research and development related to multimodal transportation.
Requires the Director to award grants to establish regional centers for transportation solutions located in each of four regions established by the Board for the northeast, northwest, southeast, and southwest regions of the United States.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Big Cat Public Safety Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
(1) by redesignating subsections (a) through (k) as
subsections (b) through (l), respectively; and
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Breed.--The term `breed' means to facilitate propagation or
reproduction (whether intentionally or negligently), or to fail to
prevent propagation or reproduction.''.
(b) Conforming Amendments.--
(1) Consolidated farm and rural development act.--Section
349(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
inserting ``section 2(b)''.
(2) Lacey act amendments of 1981.--
(A) Section 3(e)(2)(C) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
(i) in clause (ii), by striking ``section
2(g)'' and inserting ``section 2(h)''; and
(ii) in clause (iii), by striking ``section
2(g)'' and inserting ``section 2(h)''.
(B) Section 7(c) of the Lacey Act Amendments of
1981 (16 U.S.C. 3376(c)) is amended by striking
``section 2(f)(2)(A)'' and inserting ``section
2(g)(2)(A)''.
SEC. 3. PROHIBITIONS.
Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking the
semicolon at the end and inserting ``; or'';
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by striking ``(1) through
(3)'' and inserting ``(1) through (3) or subsection
(e)''; and
(2) by amending subsection (e) to read as follows:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, or to breed or
possess, any prohibited wildlife species.
``(2) Limitation on application.--Paragraph (1) does not
apply to--
``(A) an entity exhibiting animals to the public
under a Class C license from the Department of
Agriculture and that holds such license in good
standing, if the entity--
``(i) has not been, and does not employ any
person engaged in animal care who has been,
convicted of or fined for an offense involving
the abuse or neglect of any animal pursuant to
any State, local, or Federal law;
``(ii) has not had, and does not employ any
person who has had, a license or permit
regarding the care, possession, exhibition,
breeding, or sale of animals revoked or
suspended by any State, local, or Federal
agency, including the Department of
Agriculture, within the preceding 3-year
period;
``(iii) has not been cited by the
Department of Agriculture under the Animal
Welfare Act (7 U.S.C. 2131 et seq.) within the
preceding 12-month period for any repeat
violation for--
``(I) inadequate veterinary care;
``(II) handling that causes stress
or trauma or a threat to public safety;
``(III) insufficient provisions of
food or water; or
``(IV) failure to allow facility
inspection;
``(iv) does not allow any individual other
than a trained professional employee or
contractor of the licensee (or an accompanying
employee receiving professional training) or a
licensed veterinarian (or an accompanying
veterinary student) to come into direct
physical contact with a prohibited wildlife
species;
``(v) ensures that during public exhibition
of a lion (Panthera leo), tiger (Panthera
tigris), leopard (Panthera pardus), snow
leopard (Uncia uncia), jaguar (Panthera onca),
cougar (Puma concolor), or any hybrid thereof,
the animal is at least 15 feet from members of
the public unless there is a permanent barrier
that prevents public contact or risk of
contact;
``(vi) does not breed any prohibited
wildlife species unless the breeding is
conducted pursuant to a species-specific,
publicly available, peer-reviewed population
management plan developed according to
established conservation science principles;
``(vii) maintains liability insurance in an
amount of not less than $250,000 for each
occurrence of property damage, bodily injury,
or death caused by any prohibited wildlife
species possessed by the person; and
``(viii) has a written plan that is made
available to local law enforcement, State
agencies and Federal agencies on request, for
the quick and safe recapture or destruction of
prohibited wildlife species in the event a
prohibited wildlife species escapes, including,
but not limited to, written protocols for
training staff on methods of safe recapture of
the escaped prohibited wildlife species;
``(B) a State college, university, or agency, or
State-licensed veterinarian;
``(C) a wildlife sanctuary that cares for
prohibited wildlife species, and--
``(i) is a corporation that is exempt from
taxation under section 501(a) of the Internal
Revenue Code of 1986 and described in sections
501(c)(3) and 170(b)(1)(A)(vi) of such Code;
``(ii) does not commercially trade in
prohibited wildlife species, including
offspring, parts, and byproducts of such
animals;
``(iii) does not breed the prohibited
wildlife species;
``(iv) does not allow direct contact
between the public and prohibited wildlife
species; and
``(v) does not allow the transportation and
display of prohibited wildlife species off-
site;
``(D) has custody of the prohibited wildlife
species solely for the purpose of expeditiously
transporting the prohibited wildlife species to a
person described in this paragraph with respect to the
species; or
``(E) an entity or individual that is in possession
of a prohibited wildlife species that was born before
the date of the enactment of the Big Cat Public Safety
Act, and--
``(i) not later than 180 days after the
date of the enactment of the Big Cat Public
Safety Act, the entity or individual registers
each individual animal of each prohibited
wildlife species with the United States Fish
and Wildlife Service;
``(ii) does not breed, acquire, or sell any
prohibited wildlife species after the date of
the enactment of such Act; and
``(iii) does not allow direct contact
between the public and prohibited wildlife
species.''.
SEC. 4. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by inserting ``(e),'' after ``(d),''; and
(2) by inserting ``, (e),'' after ``subsection (d)''.
(b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1)(A), by inserting ``(e),'' after
``(d),'';
(2) in paragraph (1)(B), by inserting ``(e),'' after
``(d),'';
(3) in paragraph (2), by inserting ``(e),'' after ``(d),'';
and
(4) by adding at the end the following:
``(4) Any person who knowingly violates subsection (e) of
section 3 shall be fined not more than $20,000, or imprisoned
for not more than five years, or both. Each violation shall be
a separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any district in which the defendant may
have taken or been in possession of the prohibited wildlife
species.''.
SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.
Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)(1)) is amended by inserting ``bred, possessed,'' before
``imported, exported,''.
SEC. 6. ADMINISTRATION.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate any regulations
necessary to implement section 3(e).''.
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Big Cat Public Safety Act This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill revises the list of entities that are exempt from Lacey Act prohibitions regarding those wildlife species to include: (1) certain entities that hold Class C licenses in good standing under the Animal Welfare Act, and (2) current owners of animals that were born before this bill's enactment if the animals are registered with the U.S. Fish and Wildlife Service. Those entities and owners may not allow direct contact between the public and the prohibited wildlife species. A person who knowingly violates the prohibition must be fined not more than $20,000, or imprisoned for not more than five years, or both. The bill considers each violation to be a separate offense. The offense must be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Deal for Northern New Mexico of
1998''.
SEC. 2. PURPOSE, DEFINITIONS AND FINDINGS.
(a) Purpose.--The purpose of this Act is to create a mechanism for
the settlement of Spanish and Mexican land grant claims in New Mexico
as claimed under the Treaty of Guadalupe-Hidalgo.
(b) Definitions.--For purposes of this Act:
(1) Treaty of guadalupe-hidalog.--The term ``Treaty of
Guadalupe-Hidalogo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe-Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791);
(2) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by three or more families under a grant from the
King of Spain (or his representative) before the effective date
of the Treaty of Cordova, August 24, 1821, or from the
authorities of the Republic of Mexico before May 30, 1848, in
what became the State of new Mexico, regardless of the original
character of the grant.
(3) Land grant claim.--The term ``land grant claim'' means
a claim of title to land by a community land grant under the
terms of the Treaty of Guadalupe-Hidalgo.
(4) Eligible descendants.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(5) Settlement committee.--The term ``settlement
committee'' refers to committee, or one of the county specific
subcommittees as appropriate, authorized in Section 3 of this
Act.
(6) Reconstituted.--The term ``reconstituted,'' with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law, including the nontaxability of
municipal property (common lands) and the right of local self-
government.
(c) Findings.--Congress finds the following:
(1) New Mexico has a unique and complex history regarding
land ownership due to the substantial number of Spanish and
Mexican land grants that were an integral part of the
colonization of New Mexico before the United States acquired
the area in the Treaty of Guadalupe-Hidalgo.
(2) Under the terms of the Treaty of Guadalupe-Hidalgo,
these land grant claims were recognized as valid property
claims under United States law.
(3) Several studies, including the New Mexico Land Grant
Series published by the University of New Mexico, have
documented that the Treaty of Guadalupe-Hidalgo in regards to
these land grant claims in New Mexico was never well
implemented. Whether because of a lack of knowledge of Spanish
land law on the part of the judicial system in the then new
Territory of New Mexico, whether because of inadequate or
conflicting documentation of these claims, or whether it was
due to sharp legal practices, many of the former citizens of
Mexico, and then new citizens of the United States, lost title
to lands that had been guaranteed to them by treaty.
(4) Following the United States war with Mexico, the
economy of the Territory of New Mexico was dependent on the use
of land resources, and that held true for much of this century
as well. When the land grant claimants lost title to their
land, the predominantly Hispanic communities in northern New
Mexico lost a keystone to their economy. The effects of this
loss have had long lasting economic consequences and are in
part the cause that these communities remain some of the
poorest in the United States.
(5) The history of the implementation of the Treaty of
Guadalupe-Hidalgo has been a source of continuing controversy
for generations and has left a lingering sense of injustice in
the communities in northern New Mexico, which has periodically
led to armed conflicts.
(6) The Government of the United States has an obligation
to try to find an equitable remedy for the inadequate
implementation of the Treaty of Guadalupe-Hidalgo and the
consequences that has had on the communities and people of New
Mexico. This should be done as expeditiously as possible.
However, reconstructing the one hundred and fifty year history
of land title claims and transfers in these communities is
likely to prove lengthy and costly. In some cases it may never
be possible to adequately reconstruct the title history.
(7) The Secretary of the Interior has had an experience in
administratively developing settlement packages to resolve
large and complex Tribal water rights claims as an alternative
to lengthy and expensive litigation. This experience may be
invaluable in resolving the large, complex, and sometimes
conflicting Spanish and Mexican land grant claims in northern
New Mexico.
(8) The history of colonial Spanish America, the system of
land distribution under Spanish and Mexican law, and the
subsequent impacts to that system following the transfer of
territory from Mexico to the United States under the Treaty of
Guadalupe-Hidalgo is a requisite body of knowledge in
determining an appropriate settlement of land grant claims. It
is also an integral part of the national history and culture of
the United States of America and, as such, deserves formal
recognition and interpretation by our institutions of historical
preservation.
SEC. 3. CREATION OF SETTLEMENT COMMITTEES.
(a) Within one hundred and eighty (180) days of enactment of this
Act, the Secretary of the Interior working through the Bureau of Land
Management and the Bureau of Indian Affairs, and the Secretary of
Agriculture working through the Forest Service are hereby authorized
and directed to establish a ``Settlement Committee'' to develop
comprehensive settlements for land grant claims on a county by county
basis.
(b) The Settlement Committee will be comprised of separate
subcommittees for each county in which there are land grant claims in
New Mexico.
(c) Each county subcommittee shall by comprised of seven members
including:
(1) a representative of the Secretary of the Interior;
(2) a representative of the Secretary of Agriculture;
(3) a representative of the State Commissioner of Public
Lands; and
(4) four residents of the particular county in question.
The four county representatives are to be appointed their
county commissions: Provided, That in counties with federally
recognized Native American Indian Tribes that at least one
county representative shall be an enrolled member of a tribe
whose reservation pueblo boundaries come within that county:
Provided further, That at least one county representative shall
be an eligible descendent who is not an enrolled member of a
Native American Indian Tribe.
(d) Each member shall be appointed for the life of the Settlement
Committee. A vacancy in the Settlement Committee shall be filled in the
manner in which the original appointment was made.
SEC. 4. SUBMISSION OF LAND GRANT CLAIMS.
(a) Within ninety (90) days of the creation of the settlement
committee it shall establish a set of guidelines for the submission of
land grant claims, and publish these guidelines within papers of
general circulation in each of the counties in New Mexico.
(b) Land grant claims must be submitted to the appropriate county
settlement committee within one year of the publication of the
guidelines.
SEC. 5. REVIEW AND SETTLEMENT PACKAGE.
(a) The settlement committee for each county shall review all of
the submitted claims in the county and, based on the documentation at
its disposal, make an initial determination concerning their potential
validity including: possible past conveyances, the accuracy of the
boundaries of the land claimed, and the number of eligible heirs
affected.
(b) Upon completing this review, the settlement committee shall
develop a proposed settlement package in satisfaction of land grant
claims within that county. In creating the settlement package, the
settlement committee shall take into account: the degree of certainty
with which it has determined that various claims are valid, the
impacts, including economic and social impacts, that any unfulfilled
land grant claims may have had on the communities within that county,
the relative benefits of various settlement options on those
communities, and whether there is a legal entity that can accept
settlement. The elements of a proposed settlement package may include,
but are not limited to:
(1) restoration of lands to a given land grant community or
communities;
(2) reconstitution of a given land grant community or
communities;
(3) the setting aside of certain lands for communal use for
fuel wood, building materials, hunting, recreation, etc. These
lands could be set aside as special managerial units within
existing Federal land management agencies or transferred to
local county, tribal, or municipal, governments;
(4) trust funds for scholarships or home and business
loans; or
(5) land for commercial use with the proceeds to be
deposited into the trust funds.
(c) The settlement committee shall complete its review and proposed
settlement package within three years of the deadline for submission of
land grant claims under this Act, and submit them in a report to the
Senate Committee on Energy and Natural Resources and the Senate
Committee on Indian Affairs, and to the House Resources Committee. Any
proposal that requires action by the government of the State of New
Mexico shall be submitted to the Governor, to the Speaker of the State
House of Representatives, and to the President Pro Tem of the State
Senate for New Mexico.
SEC. 6. ADMINISTRATION OF THE SETTLEMENT COMMITTEE.
(a) To complete its tasks the settlement committee may use a
variety of methods to gather information and to build community
consensus on the form of a proposed settlement package, including: the
use of town meetings, holding formal hearings, the solicitation of
written comments, and the use of mediators trained in alternative
dispute resolution methods. The settlement committee is also authorized
to hire consultants as it may choose for historical, economic, and
legal analysis. In its efforts to develop a consensus on a settlement
package, the Settlement Committee is not subject to the Federal
Advisory Committee Act (Public Law 92-462; 5 U.S.C. Ap. 2 Sec. 1).
(b) Gifts, Bequests, and Devises.--The Settlement Committee may
accept, use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Settlement Committee. Gifts, bequests, or
devises of money and proceeds from sales of other property received as
gifts, bequests, or devises shall be deposited in the Treasury
and shall be available for disbursement upon order of the Settlement
Committee. For purposes of the Federal income, estate, and gift taxes,
property accepted under this subsection shall be considered as a gift,
bequest, or devise to the United States.
(c) Administrative Support Services.--Upon the request of the
Settlement Committee, the Administrator of General Services shall
provide to the Settlement Committee, on a reimbursable basis, the
administrative support services necessary for the Settlement Committee
to carry out its responsibilities under this Act.
(d) Immunity.--The Settlement Committee is an agency of the United
States for the purpose of part V of title 18, United States Code
(relating to the immunity of witnesses).
(e) Compensation.--Members of the Settlement Committee shall each
be entitled to receive the daily equivalent of level V of the Executive
Schedule for each day (including travel time) during which they are
engaged in the actual performance of duties vested in the Settlement
Committee.
SEC. 7. SPANISH LAND GRANT STUDY PROGRAM.
(a) The Secretary of the Smithsonian Institution and the Settlement
Committee working in conjunction with the University of New Mexico, and
Highlands University shall establish a Spanish Land Grant Study program
with a research archive at the Onate Center in Alcalde, New Mexico.
This program shall be designed to meet the requirements of the
Smithsonian Institution's Affiliated Institutions Program.
(b) The purposes of the Spanish Land Grant Study Program are to
assist the Settlement Committee in the performance of its activities
under section 5, and to archive and interpret the history of land
distribution in the southwestern United States under Spanish and
Mexican law, and the changes to this land distribution system following
the transfer of territory from Mexico to the United States under the
terms of the Treaty of Guadalupe-Hidalgo in 1848.
SEC. 8. TERMINATION.
The Settlement Committee shall terminate on 180 days after
submitting its final report to Congress under section 5.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 for each of the
fiscal years 1999 through 2003 for the purpose of carrying out the
activities of the Settlement Committee created in section 3, and the
Spanish Land Grant Study Program created in section 7.
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Fair Deal for Northern New Mexico of 1998 - Directs the Secretaries of the Interior and of Agriculture to establish a Settlement Committee to develop comprehensive settlements for land grant claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Requires submission of land grant claims by eligible Mexican descendants to the appropriate New Mexico county settlement committee to be reviewed for their validity and settlement.
Directs the Secretary of the Smithsonian Institution and the Settlement Committee to establish a Spanish Land Grant Study program, with a research archive at the Onate Center in Alcalde, New Mexico, in order to assist the Settlement Committee and to archive and interpret the history of land distribution in the southwestern United States under Spanish and Mexican law, including the changes to such distribution system following the transfer of territory from Mexico to the United States under the terms of the Treaty.
Authorizes appropriations.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Creation Act of 2010''.
TITLE I--GENERAL PROVISIONS AFFECTING SMALL BUSINESS
SEC. 101. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESSES.
(a) In General.--Paragraph (7) of section 179(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or 2009'' and inserting ``2009, or
2010'', and
(2) by striking ``and 2009'' in the heading thereof and
inserting ``2009, or 2010''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 102. ONE YEAR ELIMINATION OF THE CAPITAL GAINS TAX FOR SMALL
BUSINESSES.
(a) In General.--Subsection (a) of section 1202 of the Internal
Revenue Code of 1986 (relating to partial exclusion for gain from
certain small business stock) is amended by adding at the end the
following new paragraph:
``(4) Special rule for 2010.--In the case of qualified
small business stock acquired after December 31, 2009, and
before January 1, 2011--
``(A) paragraph (1) shall be applied by
substituting `100 percent' for `50 percent', and
``(B) paragraph (2) shall not apply.''.
(b) Conforming Amendments.--Section 1202(a)(3) of such Code is
amended--
(1) by striking ``2011'' and inserting ``2010'', and
(2) by striking ``and 2010'' in the heading.
(c) Effective Date.--The amendments made by this section shall
apply to stock acquired after December 31, 2009.
SEC. 103. UNEMPLOYMENT BENEFITS EXCLUDED FROM INCOME TAX FOR 2010.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(d) Special Rule for 2009.--Subsection (a) shall not apply in the
case of any taxable year beginning in 2010.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2009.
SEC. 104. REDUCTION IN TROUBLED ASSET PURCHASES THAT MAY BE OUTSTANDING
AS TARP FUNDS ARE REPAID.
Section 106(d) of the Emergency Economic Stabilization Act of 2008
is amended by adding at the end the following new sentence: ``The
maximum amount of purchase authority for troubled assets that is
authorized to be outstanding at any one time under section 115 shall be
reduced by the amount of any payment into the Treasury under the
preceding sentence after the date of the enactment of the Job Creation
Act of 2010.''.
TITLE II--FEDERAL RULES OF CIVIL PROCEDURE IMPROVEMENTS
SEC. 201. ATTORNEY ACCOUNTABILITY.
Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) by amending the first sentence to read as follows: ``If
a pleading, motion, or other paper is signed in violation of
this rule, the court, upon motion or upon its own initiative,
shall impose upon the attorney, law firm, or parties that have
violated this subdivision or are responsible for the violation,
an appropriate sanction, which may include an order to pay the
other party or parties for the reasonable expenses incurred as
a direct result of the filing of the pleading, motion, or other
paper, that is the subject of the violation, including a
reasonable attorney's fee.'';
(2) in paragraph (1)(A)--
(A) by striking ``Rule 5'' and all that follows
through ``corrected.'' and inserting ``Rule 5.''; and
(B) by striking ``the court may award'' and
inserting ``the court shall award''; and
(3) in paragraph (2), by striking ``shall be limited to
what is sufficient'' and all that follows through the end of
the paragraph (including subparagraphs (A) and (B)) and
inserting ``shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated, and
to compensate the parties that were injured by such conduct.
The sanction may consist of an order to pay to the party or
parties the amount of the reasonable expenses incurred as a
direct result of the filing of the pleading, motion, or other
paper that is the subject of the violation, including a
reasonable attorney's fee.''.
SEC. 202. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, shall
determine within 30 days after the filing of such motion whether the
action substantially affects interstate commerce. Such court shall make
such determination based on an assessment of the costs to the
interstate economy, including the loss of jobs, were the relief
requested granted. If the court determines such action substantially
affects interstate commerce, the provisions of Rule 11 of the Federal
Rules of Civil Procedure shall apply to such action.
SEC. 203. PREVENTION OF FORUM-SHOPPING.
(a) In General.--Subject to subsection (b), a personal injury claim
filed in State or Federal court may be filed only in the State and,
within that State, in the county (or if there is no State court in the
county, the nearest county where a court of general jurisdiction is
located), or Federal district in which--
(1) the person bringing the claim, including an estate in
the case of a decedent and a parent or guardian in the case of
a minor or incompetent--
(A) resides at the time of filing; or
(B) resided at the time of the alleged injury;
(2) the alleged injury or circumstances giving rise to the
personal injury claim allegedly occurred;
(3) the defendant's principal place of business is located,
if the defendant is a corporation; or
(4) the defendant resides, if the defendant is an
individual.
(b) Determination of Most Appropriate Forum.--If a person alleges
that the injury or circumstances giving rise to the personal injury
claim occurred in more than one county (or Federal district), the trial
court shall determine which State and county (or Federal district) is
the most appropriate forum for the claim. If the court determines that
another forum would be the most appropriate forum for a claim, the
court shall dismiss the claim. Any otherwise applicable statute of
limitations shall be tolled beginning on the date the claim was filed
and ending on the date the claim is dismissed under this subsection.
(c) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate;
(B) does not include a claim brought as a class
action; and
(C) does not include a claim against a debtor in a
case pending under title 11 of the United States Code
that is a personal injury tort or wrongful death claim
within the meaning of section 157(b)(5) of title 28,
United States Code.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 204. RULE OF CONSTRUCTION.
Nothing in section 202 or in the amendments made by section 201
shall be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
SEC. 205. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT
MULTIPLE RULE 11 VIOLATIONS.
(a) Mandatory Suspension.--Whenever a Federal district court
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in that Federal district court
during that attorney's career. If the court determines that the number
is three or more, the Federal district court--
(1) shall suspend that attorney from the practice of law in
that Federal district court for one year; and
(2) may suspend that attorney from the practice of law in
that Federal district court for any additional period that the
court considers appropriate.
(b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
(c) Reinstatement.--To be reinstated to the practice of law in a
Federal district court after completion of a suspension under
subsection (a), the attorney involved must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.
SEC. 206. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING
SAME ISSUE.
Whenever a party presents to a Federal court a pleading, written
motion, or other paper, that includes a claim or defense that the party
has already litigated and lost on the merits in any forum in final
decisions not subject to appeal on three consecutive occasions, and the
claim or defense, respectively, involves the same plaintiff and the
same defendant on each occasion, there shall be a rebuttable
presumption that the presentation of such paper is in violation of Rule
11 of the Federal Rules of Civil Procedure.
SEC. 207. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING
FEDERAL COURT PROCEEDINGS.
Whoever willfully and intentionally influences, obstructs, or
impedes, or attempts to influence, or obstruct, or impede, a pending
Federal court proceeding through the willful and intentional
destruction of documents sought pursuant to the rules of such Federal
court proceeding and highly relevant to that proceeding--
(1) shall be punished with mandatory civil sanctions of a
degree commensurate with the civil sanctions available under
Rule 11 of the Federal Rules of Civil Procedure, in addition to
any other civil sanctions that otherwise apply; and
(2) shall be held in contempt of court; and if an attorney,
referred to one or more appropriate State bar associations for
disciplinary proceedings.
SEC. 208. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT.
(a) In General.--In any Rule 11 of the Federal Rules of Civil
Procedure proceeding, a court may not order that a court record not be
disclosed unless the court makes a finding of fact that identifies the
interest that justifies the order and determines that interest
outweighs any interest in the public health and safety that the court
determines would be served by disclosing the court record.
(b) Applicability.--This section applies to any record formally
filed with a court, but shall not include any records subject to--
(1) the attorney-client privilege or any other privilege
recognized under Federal or State law that grants the right to
prevent disclosure of certain information unless the privilege
has been waived; or
(2) applicable State or Federal laws that protect the
confidentiality of crime victims, including victims of sexual
abuse.
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Job Creation Act of 2010 - Amends the Internal Revenue Code to: (1) extend through 2010 the increased expensing allowance for depreciable business assets; (2) exclude from gross income in 2010 100% of the gain from the sale of small business stock; and (3) exclude from gross income in 2010 all unemployment compensation.
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require all amounts repaid under the Troubled Asset Relief Program (TARP) to reduce the program's purchase authority.
Amends Rule 11 of the Federal Rules of Civil Procedure (sanctions for filing a frivolous lawsuit) to: (1) require courts to award reasonable expenses, including attorney's fees, to a prevailing party in a Rule 11 proceeding (currently discretionary); and (2) eliminate the 21-day period allowed for withdrawing or correcting a claim deemed frivolous.
Requires state courts to apply Rule 11 to actions in state courts that substantially affect interstate commerce.
Limits venue for personal injury claims filed in state or federal courts to the county or district: (1) in which the plaintiff or defendant resides; (2) where the plaintiff resided at the time of the alleged injury; or (3) the district in which the defendant's principal place of business is located.
Imposes additional sanctions: (1) on attorneys who are found to violate Rule 11 three or more times; and (2) for willful and intentional destruction of documents relevant to a pending action in federal court. Establishes a rebuttable presumption of a Rule 11 violation if a plaintiff attempts to litigate a claim that has already been litigated and lost on the merits.
Prohibits a court in a Rule 11 proceeding from ordering the nondisclosure of the record of the proceeding unless the court makes a specific finding of fact that justifies such an order.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Settlement Transparency
and Reform Act''.
SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER
AMOUNTS.
(a) In General.--Subsection (f) of section 162 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in the following
paragraphs of this subsection, no deduction otherwise allowable
shall be allowed under this chapter for any amount paid or
incurred (whether by suit, agreement, or otherwise) to, or at
the direction of, a government or governmental entity in
relation to the violation of any law or the investigation or
inquiry by such government or entity into the potential
violation of any law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--
``(A) In general.--Paragraph (1) shall not apply to
any amount that--
``(i) the taxpayer establishes--
``(I) constitutes restitution
(including remediation of property) for
damage or harm which was or may be
caused by the violation of any law or
the potential violation of any law, or
``(II) is paid to come into
compliance with any law which was
violated or otherwise involved in the
investigation or inquiry described in
paragraph (1),
``(ii) is identified as restitution or as
an amount paid to come into compliance with
such law, as the case may be, in the court
order or settlement agreement, and
``(iii) in the case of any amount of
restitution for failure to pay any tax imposed
under this title in the same manner as if such
amount were such tax, would have been allowed
as a deduction under this chapter if it had
been timely paid.
The identification under clause (ii) alone shall not be
sufficient to make the establishment required under
clause (i).
``(B) Limitation.--Subparagraph (A) shall not apply
to any amount paid or incurred as reimbursement to the
government or entity for the costs of any investigation
or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to any
amount paid or incurred by reason of any order of a court in a
suit in which no government or governmental entity is a party.
``(4) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.
``(5) Treatment of certain nongovernmental regulatory
entities.--For purposes of this subsection, the following
nongovernmental entities shall be treated as governmental
entities:
``(A) Any nongovernmental entity which exercises
self-regulatory powers (including imposing sanctions)
in connection with a qualified board or exchange (as
defined in section 1256(g)(7)).
``(B) To the extent provided in regulations, any
nongovernmental entity which exercises self-regulatory
powers (including imposing sanctions) as part of
performing an essential governmental function.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred on or after the date of the enactment of
this Act, except that such amendments shall not apply to amounts paid
or incurred under any binding order or agreement entered into before
such date. Such exception shall not apply to an order or agreement
requiring court approval unless the approval was obtained before such
date.
SEC. 3. REPORTING OF DEDUCTIBLE AMOUNTS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by inserting after
section 6050W the following new section:
``SEC. 6050X. INFORMATION WITH RESPECT TO CERTAIN FINES, PENALTIES, AND
OTHER AMOUNTS.
``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or any entity described in section 162(f)(5) which
is involved in a suit or agreement described in paragraph (2)
shall make a return in such form as determined by the Secretary
setting forth--
``(A) the amount required to be paid as a result of
the suit or agreement to which paragraph (1) of section
162(f) applies,
``(B) any amount required to be paid as a result of
the suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of
the suit or agreement for the purpose of coming into
compliance with any law which was violated or involved
in the investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described
in this paragraph if--
``(i) it is--
``(I) a suit with respect to a
violation of any law over which the
government or entity has authority and
with respect to which there has been a
court order, or
``(II) an agreement which is
entered into with respect to a
violation of any law over which the
government or entity has authority, or
with respect to an investigation or
inquiry by the government or entity
into the potential violation of any law
over which such government or entity
has authority, and
``(ii) the aggregate amount involved in all
court orders and agreements with respect to the
violation, investigation, or inquiry is $600 or
more.
``(B) Adjustment of reporting threshold.--The
Secretary may adjust the $600 amount in subparagraph
(A)(ii) as necessary in order to ensure the efficient
administration of the internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed at the time the agreement is entered
into, as determined by the Secretary.
``(b) Statements To Be Furnished to Individuals Involved in the
Settlement.--Every person required to make a return under subsection
(a) shall furnish to each person who is a party to the suit or
agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence shall be
furnished to the person at the same time the government or entity
provides the Secretary with the information required under subsection
(a).
``(c) Appropriate Official Defined.--For purposes of this section,
the term `appropriate official' means the officer or employee having
control of the suit, investigation, or inquiry or the person
appropriately designated for purposes of this section.''.
(b) Conforming Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Information with respect to certain fines, penalties, and
other amounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after the date of the enactment
of this Act, except that such amendments shall not apply to amounts
paid or incurred under any binding order or agreement entered into
before such date. Such exception shall not apply to an order or
agreement requiring court approval unless the approval was obtained
before such date.
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Government Settlement Transparency and Reform Act Amends the Internal Revenue Code to expand provisions relating to the nondeductibility of fines and penalties to prohibit a tax deduction for any amount paid or incurred to any governmental entity relating to the violation of any law or the investigation or inquiry into a potential violation of law. Exempts from such prohibition: (1) restitution or amounts paid to come into compliance with any law that was violated or otherwise involved in the investigation or inquiry, (2) amounts paid pursuant to a court order in a suit in which the governmental entity was not a party, and (3) amounts paid or incurred as taxes due. Imposes new reporting requirements on governmental entities relating to amounts paid as fines or for restitution.
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