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SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Transparency Act of 2005''. SEC. 2. MANDATORY MONTHLY REPORTING. (a) In General.--Section 527(j)(2) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: ``(2) Required disclosure.--A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary monthly reports for each such year which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, the organization shall file-- ``(A) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election with respect to which the organization accepts a contribution or makes an expenditure, and which shall be complete as of the 20th day before the election; ``(B) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and ``(C) a year-end report which shall be filed no later than January 31 of the following calendar year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. FAILURE OF 527 ORGANIZATION TO COMPLY WITH DISCLOSURE REQUIREMENTS. (a) Excise Tax on Managers.-- (1) In general.--Subchapter C of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4956. TAX ON FAILURE OF POLITICAL ORGANIZATIONS TO MEET DISCLOSURE REQUIREMENTS. ``(a) Tax Imposed.--In the case of a failure of a political organization to meet the disclosure requirements of section 527(j) with respect to any contribution to or expenditure from the political organization, there is hereby imposed on the political organization, in addition to any other tax or penalty provided in this title, a tax for each such failure. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be 30 percent of the total amount of the contribution or expenditure with respect to which such failure occurred. ``(c) Liability for Tax.-- ``(1) In general.--Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the political organization. ``(2) Joint and several liability of organization managers.--Each organization manager of the political organization shall be jointly and severally liable for any tax imposed under subsection (a). ``(d) Organization Manager.--For purposes of this section, the term `organization manager' means any officer, director, or trustee of the political organization (or individual having powers or responsibilities similar to those of an officer, director, or trustee). ``(e) Political Organization.--The term `political organization' shall have the meaning given such term by section 527(e)(1).''. (2) Conforming amendments.-- (A) The heading for subchapter C of chapter 42 of such Code is amended by adding at the end the following: ``; Failure of Political Organizations to Meet Reporting Requirements''. (B) The table of sections for such subchapter C is amended by adding at the end the following: ``Sec. 4956. Tax on failure of political organizations to meet disclosure requirements.''. (C) The item in the table of subchapters of such chapter 42 relating to subchapter C is amended to read as follows: ``subchapter c. political expenditures of section 501(c)(3) organizations; failure of political organizations to meet reporting requirements''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. (b) Denial of Gift Tax Exclusion.-- (1) In general.--Paragraph (4) of section 2501(a) of the Internal Revenue Code of 1986 (relating to taxable transfers) is amended to read as follows: ``(4) Transfers to political organizations.-- ``(A) In general.--Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization. ``(B) Exception for failure of organization to meet disclosure requirements.--Subparagraph (A) shall not apply to any transfer in a calendar year for which the political organization fails to make the disclosures required by section 527(j).''. (2) Notice to contributors of denial of gift tax exception for failure to disclose.--Section 527(j) of such Code is amended by adding at the end the following new paragraph: ``(8) Notice to contributors of denial of gift tax exception for failure to disclose.--In the case of a final determination by the Secretary that a failure described in paragraph (1)(A) with respect to an organization occurred, the organization shall, not later than 90 days after the date of such determination, provide written notice of such failure to each contributor to the organization for the calendar year in which such failure occurred. Such notice shall include a statement that the exception under section 2501(a)(4)(A) does not apply to any contribution to the organization in such calendar year.''. (3) Effective date.--The amendments made by this subsection shall apply to transfers made after December 31, 2005. SEC. 4. SIMULTANEOUS TRANSMISSION OF REPORTS TO FEDERAL ELECTION COMMISSION. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(i) Reports of Political Organizations Under Internal Revenue Code of 1986.-- ``(1) Simultaneous filing of treasury reports with commission.--At the time a political organization described in section 527 of the Internal Revenue Code of 1986 files a report with the Secretary of the Treasury under section 527(j) of such Code, the organization shall file a copy of the report with the Commission. ``(2) Treatment as report filed with commission.--For purposes of this Act, the copy filed under this subsection of a report filed with the Secretary of the Treasury shall be treated as a report or statement filed with the Commission under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2006.
527 Transparency Act of 2005 - Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations (527 organizations) to require monthly reporting of contributions and expenditures. Imposes a penalty tax on political organizations that fail to meet disclosure requirements. Denies a gift tax exclusion for donations to political organizations that fail to meet disclosure requirements. Requires political organizations to file disclosure reports simultaneously with the Secretary of the Treasury and the Federal Election Commission (FEC).
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose penalties for the failure of 527 organizations to comply with disclosure requirements."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lena Horne Recognition Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Lena Mary Calhoun Horne was born on June 30, 1917, in Brooklyn, New York. At the age of 16, Lena Horne was hired as a dancer in the chorus of Harlem's famous Cotton Club, where she was introduced to such legendary jazz performers as Duke Ellington, Cab Calloway, Count Basie, Ethel Waters, and Billie Holiday. (2) In 1940, she became one of the first African-American women to perform with an all-White band when she toured with Charlie Barnet's jazz band as its featured singer. (3) She was discovered by a Metro-Goldwyn-Mayer (MGM) talent scout and became the first African-American artist to sign a long-term contract with a major film studio. (4) Despite her extraordinary beauty and talent, Lena Horne was often limited to minor acting roles because of her race. (5) Scenes in which she did sing were cut out when they were sent to local distributors in the South and studio executives cast another actress as Julie in the film version of ``Show Boat'' instead of Lena Horne because they did not want the show to star an African-American actress. (6) However, Lena Horne dazzled audiences and critics in a number of films, including ``Cabin in the Sky'' and ``Stormy Weather'' before ultimately turning back to a more lucrative, inclusive career in show business, performing across the nation in nightclubs and on broadway. (7) A strong supporter of American troops, during World War II, Lena Horne toured extensively with the United Service Organizations (USO) on the West Coast and in the South. She expressed outrage about the way African-American soldiers were treated, firmly opposing segregation and discrimination. She was appalled to find that the military was implementing such strong measures of separation based on race, and actively protested performing when she saw that German Prisoners of War (POWs) were seated ahead of Black servicemen. (8) In general, Lena refused to sing for segregated audiences and made it a point to speak out on the issue when performing before her large crowds of mixed races. (9) During the period of McCarthyism in the 1950s, Lena Horne was blacklisted as a communist for 7 years because of her civil rights activism and friendship with Paul Robeson and W.E.B. Du Bois. (10) In 1957, Lena Horne recorded Lena Horne at the Waldorf-Astoria, which reached the U.S. Billboard Top 10 and became the best-selling album by a female singer, regardless of race, in RCA Victor's history. (11) Lena Horne rose to international stardom and toured the world, sharing the stage with such names as Count Basie, Tony Bennett, Billy Eckstine, Vic Damone, and Harry Belafonte, and also starred in musical and television specials with such giants as Judy Garland, Bing Crosby, and Frank Sinatra. (12) Throughout her life, Lena Horne used her fame to become a powerful voice for civil rights and equality. (13) In 1963, she participated in the historic March on Washington for Jobs and Freedom, at which Dr. Martin Luther King, Jr., delivered his immortal ``I Have a Dream'' speech. Lena had gained renown respect for her courage in maintaining a firm stake in the Civil Rights movement, and met President John F. Kennedy days before his death later that year. (14) Lena Horne also performed at rallies throughout the country for the National Council for Negro Women and worked with the National Association for the Advancement of Colored People (NAACP), of which she was a member from the age of 2, as well as the Delta Sigma Theta Sorority, Inc. and National Urban League. (15) She would go on to play herself on such staple American shows as The Muppet Show, Sesame Street, and Sanford and Son. (16) Through the end of the 20th century, Lena Horne continued to entertain large audiences of all ages, races, ethnicities and backgrounds. In 1981, she captivated audiences with her one-woman Broadway show,``Lena Horne: The Lady and Her Music'', which enjoyed a 14-month run before going on tour, and earned her a special Tony Award and two Grammy Awards. In the 1950s, Lena actually became the first woman to have been nominated for a Tony Award. (17) In 2002, 73 years after the Academy Awards were first awarded, Halle Berry became the first African-American woman to win an Oscar for Best Actress and recognized in her acceptance speech how Lena Horne paved the way for her and other African- American actresses. (18) Lena Horne passed away in New York City on May 9, 2010, at the age of 92. (19) Lena Horne was an entertainer, activist, and mother who used her beauty, talent, and intelligence to fight racial discrimination and injustice and rise to international stardom. (20) A symbol of elegance and grace, she entertained people of all walks of life for over 60 years, and broke barriers for future generations. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
Lena Horne Recognition Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.
{"src": "billsum_train", "title": "Lena Horne Recognition Act"}
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SECTION 1. AUTHORITY TO OBLIGATE DURING LAPSE IN APPROPRIATIONS. (a) Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Authority to obligate during lapse in appropriations ``(a)(1) Notwithstanding section 1341 of this title, if any appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, an officer or employee of the United States Government or of the District of Columbia government may incur obligations as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, pursuant to this section. ``(2) The authority to incur obligations for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act, including any continuing resolution, for such project or activity for the preceding fiscal year; or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) The authority to incur obligations, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), or ``(B) the last day of such fiscal year. ``(b) The authority to incur obligations for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available or authority granted for such project or activity for the preceding fiscal year. ``(c) Expenditures made to liquidate any obligation incurred for a project or activity for any fiscal year pursuant to this section shall be paid out of the applicable appropriation fund whenever the appropriation bill providing for such project or activity becomes law. ``(d) This section shall not apply to a project or activity during a fiscal year if program authorization for the project or activity has expired. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Department of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the United States Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch. ``(g) Obligations incurred under the authority of this section may not be liquidated prior to the enactment of the applicable regular appropriation bill.''. (b) The table of sections for chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Authority to obligate during lapse in appropriations.''. (c) The amendments made by this subsection shall apply with respect to fiscal years beginning after the date of enactment of this Act.
Amends Federal law to permit an officer or employee of the U.S. or District of Columbia government to obligate as may be necessary during a lapse in appropriations to continue any project or activity funded in the preceding fiscal year if any appropriation bill for a fiscal year is not enacted into law prior to the beginning of such fiscal year. Specifies that obligations for a project or activity be at a rate of operations not exceeding the lesser of: (1) the rate of operations provided for in the regular appropriation Act, including a continuing resolution; or (2) in the absence of such an Act, the rate of operations provided for such project or activity in the preceding fiscal year. Requires that the authority to obligate be made available for the period beginning with the first day of such fiscal year and ending with the earlier of: (1) the enactment date of the applicable regular appropriation bill for such fiscal year, regardless of whether such law provides for such project or activity; or (2) the last day of such fiscal year. Sets forth provisions concerning the authority to obligate for a project or an activity during a fiscal year.
{"src": "billsum_train", "title": "To help avoid the costs and disruptions of agency shutdowns when there is a lapse in appropriations."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Amnesty Prevention Act''. SEC. 2. FINDING; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The Undersecretary of Defense for Personnel and Readiness signed a memorandum entitled ``Military Accessions Vital to the National Interest Program Changes'' and dated September 25, 2014. (2) The September 25, 2014, memorandum unlawfully expanded eligibility in the Military Accessions Vital to the National Interest (MAVNI) pilot program to include unlawful aliens. (3) Prior to this memo, the Department of Defense never attempted to enlist aliens granted deferred action by the Department of Homeland Security pursuant to the memorandum of the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'' and dated June 15, 2012. (4) Department of Defense enlistment rules prohibit unlawful aliens from enlisting in the Armed Forces. (5) MAVNI is a military pilot program intended for lawful immigrants and lawful nonimmigrants initially approved by the Department of Defense in 2008. (6) The Department of Defense has stated that the authority for the MAVNI program is found in section 504(b)(2) of title 10, United States Code. (7) MAVNI was intended to be a one-year pilot program and initially began with a cap of 1,000 recruits for all branches of the Armed Forces. (8) The pilot program expired on December 21, 2009. (9) On August 17, 2010, the Department of Defense issued guidance extending MAVNI through December 31, 2011. (10) However, in order to assure the safety and security of Department of Defense personnel, equipment, and operations, implementation of the August 17, 2010, guidance was delayed until the Deputy Secretary of Defense issued a memorandum entitled ``Reinstatement of Military Accessions Vital to National Interest Pilot Program'' and dated May 16, 2012. (11) The May 16, 2012, memorandum extended the pilot program for two years and increased the cap for the pilot program to 1,500 recruits for all branches of the Armed Forces. (12) As a result of a request from the Army, the Department of Defense in March of 2015 increased the cap for MAVNI to 3,000 recruits for all branches of the Armed Forces for fiscal year 2015 and 5,200 recruits for all branches of the Armed Forces for fiscal year 2016. (13) The Department of Defense relies on the United States Citizenship and Immigration Services (USCIS) to validate ``self-declared'' recruits and documents for unlawful aliens participating in MAVNI. (14) In fiscal year 2015, every branch of the Armed Services met their enlistment goal. In fact, the Army, Navy, Air Force, and Marine Corps have all met their enlistment goals every year since 2003, with the exception of one branch missing its target in 2006. (15) In recent years, approximately 80 percent of individuals who have sought to enlist in the Armed Forces have been rejected. (16) There is currently no shortage of qualified applicants for service in the Armed Forces, and the Department of Defense is in the midst of eliminating 160,000 uniformed personnel positions over a nine-year period. (17) MAVNI is a pilot program created by the executive branch that allows participants to receive United States citizenship after one day of wartime service. (18) The Department of Defense has stated the agency's intent to renew the MAVNI program pending a reevaluation and final decision. (19) The changes to the program that allowed unlawful aliens to be eligible for enlistment were never authorized by Congress. (20) Article I, section 8, clause 4 of the United States Constitution grants Congress exclusive jurisdiction with regard to United States citizenship and immigration matters. (b) Purpose.--It is the purpose of this Act to prevent amnesty within the Department of Defense by amending section 504(b)(2) of title 10, United States Code, to ensure that unlawful aliens are not eligible to enlist in the Armed Forces. SEC. 3. ADMISSION AND LAWFUL STATUS REQUIRED FOR ELIGIBILITY TO ENLIST IN THE UNITED STATES ARMED FORCES. Paragraph (2) of section 504(b) of title 10, United States Code, is amended to read as follows: ``(2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in such paragraph if the Secretary determines that-- ``(A) the person is an alien in a lawful immigration status who was admitted and inspected pursuant to the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); and ``(B) the enlistment of the alien is vital to the national interest.''.
Military Amnesty Prevention Act This bill permits the enlistment into the Armed Forces of aliens other than U.S. nationals and permanent resident aliens when such enlistment is vital to the U.S. national interest only if such individuals are in lawful immigration status.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Physicians Act of 2002''. SEC. 2. REFORM OF THE MEDICARE PHYSICIAN PAYMENT UPDATE SYSTEM THROUGH ELIMINATION OF THE SUSTAINABLE GROWTH RATE (SGR) PAYMENT UPDATE SYSTEM. (a) In General.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following new paragraphs: ``(5) Update for 2003.--The update to the single conversion factor established in paragraph (1)(C) for 2003 is 2.5 percent. ``(6) Update for years beginning with 2004.-- ``(A) In general.--Unless otherwise provided by law, subject to the budget-neutrality factor determined by the Secretary under subsection (c)(2)(B)(ii), the update to the single conversion factor established in paragraph (1)(C) for a year beginning with 2004 is equal to the product of-- ``(i) 1 plus the Secretary's estimate of the percentage change in the value of the input price index (as provided under subparagraph (B)(ii)) for the year (divided by 100); and ``(ii) 1 minus the Secretary's estimate of the productivity adjustment factor under subparagraph (C) for the year. ``(B) Input price index.-- ``(i) Establishment.--Taking into account the mix of goods and services included in computing the medicare economic index (referred to in the fourth sentence of section 1842(b)(3)), the Secretary shall establish an index that reflects the weighted-average input prices for physicians' services for a year. Such index shall only account for input prices and not changes in costs that may result from other factors (such as productivity). ``(ii) Annual estimate of change in index.--The Secretary shall estimate, before the beginning of each year (beginning with 2004) the change in the value of the input price index under clause (i) from the previous year to the year involved. ``(C) Productivity adjustment factor.--The Secretary shall estimate, and cause to be published in the Federal Register not later than November 1 before the beginning of each year (beginning with 2004), a productivity adjustment factor that reflects the Secretary's estimate of growth in multifactor productivity in the national economy, taking into account growth in productivity attributable to both labor and nonlabor factors. Such adjustment may be based on a multi-year moving average of productivity (based on data published by the Bureau of Labor Statistics).''. (b) Conforming Amendments.--Section 1848 of the such Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (d)(1)(A), by striking ``subparagraph (B))'' and all that follows and inserting the following: ``subparagraph (B))-- ``(i) for years before 2001, adjusted by the update (established under paragraph (3)) for the year involved; ``(ii) for 2001 and 2002, multiplied by the update (established under paragraph (4)) for the year involved; ``(iii) for 2003, multiplied by the update (established under paragraph (5)) for that year; and ``(iv) for 2004 and each subsequent year, multiplied by the update (established under paragraph (6)) for the year involved.''; (2) by striking clause (i) of subsection (d)(1)(E) and inserting the following: ``(i) cause to have published in the Federal Register not later than November 1-- ``(I) of 2000 and each subsequent year, the conversion factor which will apply to physicians' services for the succeeding year; ``(II) of 2000 and 2001, the update determined under paragraph (4) for such succeeding year and the allowed expenditures under such paragraph for the succeeding year; ``(III) of 2002, the update determined under paragraph (5) for 2003; and ``(IV) of 2003 and each subsequent year, the update determined under paragraph (6) for the succeeding year; and''; (3) in subsection (d)(1)(E)(ii), by inserting ``(for years before 2003)'' after ``the sustainable growth rate''; (4) in subsection (d)(4)-- (A) in the heading, by striking ``years beginning with 2001'' and inserting ``2001 and 2002''; (B) in subparagraph (A), in the matter preceding clause (i), by striking ``for a year beginning with 2001'' and inserting ``for 2001 and 2002''; (C) in subparagraph (C)(iii), by striking ``Years beginning with 2000.--The allowed expenditures for a year (beginning with 2000)'' and inserting ``2000 and 2001.--The allowed expenditures for each of years 2000 and 2001''; (D) in subparagraph (E), by striking ``beginning with 2001'' and ``for a year beginning with 2001'' and inserting ``2001 and 2002'' and ``for 2001 and 2002'', respectively; and (E) in subparagraph (F), by striking ``subparagraph (A)'' and all that follows and inserting ``subparagraph (A), for each of 2001 and 2002, of -0.2 percent.''; and (5) in subsection (f)-- (A) in paragraph (1)(B), by striking ``November 1 of each succeeding year'' and inserting ``November 1, 2001,''; (B) in paragraph (2), by inserting ``and ending with 2002'' after ``beginning with 2000''; (C) in paragraph (3), by striking ``for a year beginning with 2001'' and inserting ``for 2001 and 2002''; (D) by striking subparagraph (C) of paragraph (3); and (E) in paragraph (4)(C)(ii), by inserting ``and ending with 2002'' after ``beginning with 2000''. (c) MedPAC Report on Payment for Physicians' Services.--Not later than 1 year after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall submit to Congress a report on the effect of refinements to the practice expense component of payments for physicians' services, after the transition to full resource-based payment system in 2002, under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) that examines the following matters by physician specialty: (1) The effect of such refinements on payment for physicians' services. (2) The interaction of the practice expense component with other components of and adjustments to payment for physicians' services under such section. (3) The appropriateness of the amount of compensation by reason of such refinements on physicians. (4) The effect of such refinements on access to care by medicare beneficiaries to physicians' services. (5) The effect of such refinements on physician participation under the medicare program.
Preserving Patient Access to Physicians Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Medicare physician payment update system, to: (1) specify the update to the single conversion factor for 2003; (2) prescribe an update for years beginning with 2004; (3) direct the Secretary of Health and Human Services to establish an index that reflects the weighted-average input prices for physicians' services for a year; and (4) require the Secretary to estimate annually a productivity adjustment factor reflecting estimated growth in multifactor productivity attributable to both labor and nonlabor factors. (Thus eliminates the sustainable growth rate (SGR) payment update system).
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to reform the Medicare physician payment update system through repeal of the sustainable growth rate (SGR) payment update system."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ponzi Scheme Victim's Bill of Rights Act of 2010''. SEC. 2. TREATMENT OF QUALIFIED FRAUDULENT INVESTMENT LOSSES IN INDIVIDUAL RETIREMENT ACCOUNTS. (a) In General.--Section 165 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules for Qualified Fraudulent Investment Losses in Individual Retirement Accounts.-- ``(1) In general.--In the case of any qualified fraudulent investment loss in connection with assets held in an individual retirement plan, the beneficiary of such plan shall be allowed a deduction with respect to such loss in an amount equal to the lesser of-- ``(A) the greater of-- ``(i) the sum of the amount of contributions to such individual retirement plan by such beneficiary plus the amount of contributions to such individual retirement plan by such beneficiary's employer on behalf of such beneficiary, or ``(ii) 50 percent of the excess of-- ``(I) the value of the assets held by such beneficiary in such individual retirement plan, as reported immediately before such loss was discovered, over ``(II) the sum of value of the assets held by such beneficiary in such individual retirement plan immediately after such loss was discovered, or ``(B) $1,500,000. ``(2) Qualified fraudulent investment loss.--For purposes of this subsection-- ``(A) In general.--The term `qualified fraudulent investment loss' means a loss discovered in 2008 or 2009 resulting from a specified fraudulent arrangement in which, as a result of the conduct that caused the loss-- ``(i) a person described in subparagraph (B) was charged under State or Federal law with the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), or ``(ii) a person described in subparagraph (B) was the subject of a State or Federal criminal complaint (not withdrawn or dismissed) alleging the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), and either-- ``(I) the complaint alleged an admission by such person or the execution of an affidavit by such person admitting the crime, or ``(II) a receiver or trustee was appointed with respect to the arrangement or assets of the arrangement were frozen. ``(B) Specified fraudulent arrangement.--The term `specified fraudulent arrangement' means an arrangement in which a person-- ``(i) receives cash or property from investors, ``(ii) purports to earn income for investors, ``(iii) reports income amounts to the investors that are partially or wholly fictitious, ``(iv) makes payments, if any, of purposed income or principal to some investors from amounts that other investors invested in the fraudulent arrangement, and ``(v) appropriates some or all of the investors' cash or property. ``(3) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including to prevent fraud and abuse under this subsection.''. (b) Deduction Allowed in Calculating Net Investment Loss.--Section 172(d)(4)(C) of the Internal Revenue Code of 1986 is amended by inserting ``and any deduction allowed under section 165(m)'' after ``section 165(c)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. 6-YEAR NET OPERATING LOSS CARRYBACK. (a) Extension of Net Operating Loss Carryback Period.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(K) Qualified fraudulent investment losses.-- ``(i) In general.--In the case of the portion of a net operating loss which is a qualified fraudulent investment loss (as defined in section 165(m)(2)) with respect to which the taxpayer has elected the application of this subparagraph-- ``(I) subparagraph (A)(i) shall be applied by substituting `the applicable number of taxable years' for `2 taxable years' with respect to the portion of the net operating loss for the taxable year which is a qualified fraudulent investment loss, and ``(II) subparagraphs (F) and (H) shall not apply with respect to any qualified fraudulent investment loss. ``(ii) Applicable number of taxable years.--For purposes of clause (i), the applicable number of taxable years is any whole number elected by the taxpayer which is more than 2 but not more than the lesser of-- ``(I) 6 years (7 years in any case in which the taxpayer or, in the case of a joint return, the taxpayer's spouse has attained the age of 65 before the close of the taxable year in which the qualified fraudulent investment loss was discovered), or ``(II) the period that the taxpayer had amounts invested in the scheme to which such election applies. ``(iii) Special rule for deceased spouses.--If an individual was included on a joint return of a taxpayer for a taxable year to which a qualified fraudulent investment loss (as so defined) is carried back under this subparagraph and such individual has died before the beginning of the taxable year in which such qualified fraudulent investment loss arises, then such qualified fraudulent investment loss shall be treated as a loss with respect to both the taxpayer and such individual with respect to the taxable year to which such loss carried. ``(iv) Coordination with paragraph (2).-- For purposes of applying paragraph (2), a qualified fraudulent investment loss (as so defined) for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. (2) Transition rule.--In the case of a net operating loss for a taxable year ending before the date of the enactment of this Act-- (A) notwithstanding section 172(b)(1)(H)(iii)(II), any election made under subsection (b)(1)(H) or 172(b)(3) of section 172 of such Code with respect to such loss may (notwithstanding such section) be revoked before the applicable date, (B) any election made under section 172(b)(1)(K) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, and (C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. SEC. 4. HARDSHIP WITHDRAWALS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Distributions to replace qualified fraudulent investment losses.--Any distribution which was made during the 10-year period beginning on the date on which a qualified fraudulent investment loss (as defined in section 165(m)(2)) was discovered to the extent the aggregate of such distributions do not exceed such qualified fraudulent investment loss.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. CATCH-UP CONTRIBUTIONS. (a) In General.--Section 219(b)(5) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) Catchup contributions relating to qualified fraudulent investment losses.-- ``(i) In general.--In the case of any applicable individual who elects to make a qualified retirement contribution in addition to the amount determined under subparagraph (A), the deductible amount for any taxable year shall be increased by an amount equal to the lesser of-- ``(I) 100 percent of the amount determined under subparagraph (A) for such taxable year, or ``(II) the excess of the qualified fraudulent investment loss described in clause (ii) over the amount of contributions allowed as a deduction by reason of this subparagraph for all preceding taxable years. ``(ii) Applicable individual.--For purposes of this subparagraph, the term `applicable individual' means, with respect to any taxable year, any individual with a qualified fraudulent investment loss (as defined in section 165(m)(2)) in an individual retirement plan in any of the 10 immediately preceding taxable years if the amount of such loss exceeded 50 percent of the value of such individual retirement plan on the day immediately preceding the discovery of the qualified fraudulent investment loss.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. EXTENSION OF LIMITATION FOR CREDITS AND REFUNDS FOR GIFTS AND BEQUESTS OF ASSETS WITH QUALIFIED FRAUDULENT INVESTMENT LOSSES. (a) In General.--Section 6511 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Special Rules Applicable to Estate and Gift Taxes With Respect to Assets With Qualified Fraudulent Investment Losses.-- ``(1) In general.--If a claim for a credit or refund relates to an overpayment of taxes imposed under subtitle B in connection with a gift or bequest of an interest in an investment with respect to which there is a qualified fraudulent investment loss (as defined in section 165(m)(2)) and the taxpayer did not know, and reasonably should not have known, about the criminal behavior in connection with such loss, such credit or refund may be allowed or made if claim therefor is filed on or before the date that is 6 years after the return to which the credit or overpayment relates was filed. ``(2) Determination of value.-- ``(A) Gift taxes.--In determining the amount of any credit or refund described in paragraph (1) relating to a gift, the value of such gift shall be not more than the greater of the value of such gift on the last day of the taxable year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such gift (if any) by the donee. ``(B) Estate taxes.--In determining the amount of any credit or refund described in paragraph (1) relating to a bequest, the value of such bequest shall be not more than the greater of the value of such bequest on the last day of the calendar year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such bequest (if any) by the donee.''. (b) Effective Date.--The amendments made by this section shall apply to gifts or bequests made after December 31, 2007.
Ponzi Scheme Victim's Bill of Rights Act of 2010 - Amends the Internal Revenue Code to allow: (1) a special tax deduction for qualified fraudulent investment losses held in an individual retirement account (IRA); (2) a six-year carryback of net operating losses which are qualified fraudulent investment losses; (3) withdrawals from tax-exempt retirement plans for a 10-year period without penalty to replace qualified fraudulent investment losses; (4) catch-up contributions to retirement plans to compensate for fraudulent investment losses; and (5) an extension of the limitation period for filing refund claims for overpayments of tax in connection with gifts and bequests of an interest in an investment for which there is a qualified fraudulent investment loss. Defines "qualified fraudulent investment loss" as a loss discovered in 2008 or 2009 resulting from a fraudulent arrangement in which a person receives cash or property from investors, purports to earn income for investors, reports partially or wholly fictitious income to such investors, makes payments to some investors from payments made by other investors, and appropriates some or all of the investors' cash or property.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Systems and Risks Reporting Act''. SEC. 2. CYBERSECURITY AND INFORMATION SYSTEM REQUIREMENTS. (a) Definitions.--Section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)) is amended-- (1) in paragraph (2), by inserting after ``financial statements'' the following: ``and information systems''; (2) in paragraph (3)(A), by striking ``and financial'' and inserting ``, financial, and cybersecurity systems''; (3) in paragraph (10)(B), by inserting after ``quality control policies and procedures,'' the following: ``cybersecurity systems standards and practices,''; and (4) by adding at the end the following: ``(18) Information system.--The term `information system' means a set of activities, involving people, processes, data, or technology, which enable the issuer to obtain, generate, use, and communicate transactions and information to maintain accountability and measure and review the issuer's performance or progress towards achievement of objectives. ``(19) Cybersecurity system.--The term `cybersecurity system' means a set of activities or state, involving people, processes, data or technology, whereby the protection of an information system of the issuer is secured from, or defended against, damage, unauthorized use or modification, misdirection, disruption or exploitation. ``(20) Cybersecurity risk.--The term `cybersecurity risk' means a significant vulnerability to, or a significant deficiency in, the security and defense activities of a cybersecurity system.''. (b) Corporate Responsibility.--Section 302 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7241) is amended-- (1) in the heading of such section, by inserting after ``reports'' the following: ``and information systems''; and (2) in subsection (a)-- (A) by striking ``and the principal financial officer or officers,'' and inserting ``, the principal financial officer or officers, and the principal cybersecurity systems officer or officers''; (B) in paragraph (4), by striking ``internal controls'' each place such term appears and inserting ``internal controls and cybersecurity systems''; (C) in paragraph (5)-- (i) in subparagraph (A)-- (I) by inserting after ``operation of internal controls'' the following: ``and cybersecurity systems''; and (II) by inserting before the semicolon the following: ``and any significant cybersecurity risks in issuer's information systems''; and (ii) in subparagraph (B), by inserting before the semicolon the following: ``, cybersecurity systems, or information systems''; and (D) in paragraph (6)-- (i) by striking ``internal controls'' each place such term appears and inserting ``internal controls, cybersecurity systems, or information systems''; and (ii) by striking ``significant deficiencies'' and inserting ``cybersecurity risks, significant deficiencies,''. (c) Management Assessment.--Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended-- (1) in the heading of such section, by inserting after ``controls'' the following: ``and information systems''; (2) in subsection (a)-- (A) by inserting after ``contain an internal control'' the following: ``and information systems''; (B) in paragraph (1), by striking ``an adequate internal control structure and procedures for financial reporting'' and inserting ``adequate internal control and cybersecurity systems structures and procedures for financial and information systems reporting''; and (C) by amending paragraph (2) to read as follows: ``(2) contain assessments, as of the end of the most recent fiscal year of the issuer, of the effectiveness of-- ``(A) the internal control structure and procedures of the issuer for financial reporting; and ``(B) the cybersecurity systems structure of the issuer.''; and (3) in subsection (b)-- (A) in the heading of such subsection, by inserting after ``Internal Control'' the following; ``and Cybersecurity Systems''; and (B) by striking ``internal control assessment'' and inserting ``internal control and cybersecurity system structure assessments''. (d) Disclosure of Expert.--Section 407 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended-- (1) in the heading of such section, by striking ``expert'' and inserting ``and cybersecurity systems experts''; (2) in subsection (a)-- (A) in the heading of such subsection, by striking ``Expert'' and inserting ``and Cybersecurity Experts''; and (B) by striking ``, as such term is defined by the Commission'' and inserting ``and at least 1 member who is a cybersecurity systems expert, as such terms are defined by the Commission in consultation with the Secretary of Homeland Security and the Secretary of Commerce''; and (3) by striking subsection (c) and inserting the following: ``(c) Considerations With Respect to Cybersecurity Experts.--In defining the term `cybersecurity expert' for purposes of subsection (a), the Commission shall, in consultation with the Secretary of Homeland Security and the Secretary of Commerce, consider whether a person has, through education or experience as an information technology officer or information systems security officer, or from a position involving the performance of similar functions-- ``(1) an understanding of generally accepted principles, practices, and law relating to computer security, computer network security, and data security and privacy; ``(2) experience in-- ``(A) the preparation of information systems audits for cybersecurity risk discovery; and ``(B) the maintenance, implementation, and monitoring of information systems and their cybersecurity systems; ``(3) experience with information systems aspects of internal accounting controls; and ``(4) an understanding of audit committee functions.''. (e) Enhanced Review.--Section 408 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended-- (1) in subsection (a), by striking ``financial statement'' and inserting ``financial, information systems, and cybersecurity systems statements''; and (2) in subsection (b)-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) issuers that have issued cybersecurity risks disclosures; and''. (f) Clerical Amendment.--The table of contents in section 1(b) of the Sarbanes-Oxley Act of 2002 is amended-- (1) in the item relating to section 302, by inserting after ``REPORTS'' the following: ``AND INFORMATION SYSTEMS''; (2) in the item relating to section 404, by inserting after ``CONTROLS'' the following: ``AND INFORMATION SYSTEMS''; and (3) in the item relating to section 407, by striking ``EXPERT'' and inserting ``AND CYBERSECURITY SYSTEMS EXPERTS''.
Cybersecurity Systems and Risks Reporting Act This bill amends the Sarbanes-Oxley Act of 2002 to apply to cybersecurity systems and cybersecurity systems officers the same requirements regarding corporate responsibility for financial reports and managements assessments of internal control structures and procedures for financial reporting as apply to public companies subject to oversight by the Securities and Exchange Commission (SEC). The SEC shall issue rules to define cybersecurity expert and require each issuer of securities to disclose whether or not (and if not, the reasons why) the issuer's audit committee has at least one member who is a cybersecurity expert. The SEC shall review an issuer's information systems and cybersecurity systems statements. In scheduling the such reviews the SEC shall consider, among other things, issuers that have issued cybersecurity risks disclosures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Petition Fairness and Accuracy Act of 2006''. SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended by adding at the end the following: ``(G)(i) Notwithstanding any other provision of law, any petition submitted under section 10.30 or section 10.35 of title 21, Code of Federal Regulations (or any successor regulation), shall include a statement that to the petitioner's best knowledge and belief, the petition-- ``(I) includes all information and views on which the petitioner relies, including all representative data and information known to the petitioner that is favorable or unfavorable to the petition; ``(II) is well grounded in fact and is warranted by law; ``(III) is not submitted for an improper purpose, such as to harass or cause unnecessary delay (including unnecessary delay of competition or agency action); and ``(IV) does not contain a materially false, misleading, or fraudulent statement. ``(ii) The Secretary shall investigate, on receipt of a complaint, a request under clause (vi), or on its own initiative, any petition submitted under such section 10.30 or section 10.35 (or any successor regulation), that-- ``(I) does not comply with the requirements of clause (i); ``(II) may have been submitted for an improper purpose as described in clause (i)(III); or ``(III) may contain a materially false, misleading, or fraudulent statement as described in clause (i)(IV). ``(iii) If the Secretary finds that the petitioner has knowingly and willingly submitted the petition for an improper purpose as described in clause (i)(III), or which contains a materially false, misleading, or fraudulent statement as described in clause (i)(IV), the Secretary may-- ``(I) impose a civil penalty of not more than $1,000,000, plus attorneys fees and costs of reviewing the petition and any related proceedings; ``(II) suspend the authority of the petitioner to submit a petition under such section 10.30 or section 10.35 (or any successor regulation), for a period of not more than 10 years; ``(III) revoke permanently the authority of the petitioner to submit a petition under such section 10.30 or section 10.35 (or any successor regulation); or ``(IV) dismiss the petition at issue in its entirety. ``(iv) If the Secretary takes an enforcement action described in subclause (I), (II), (III), or (IV) of clause (iii) with respect to a petition, the Secretary shall refer that petition to the Federal Trade Commission for further action as the Federal Trade Commission finds appropriate. ``(v) In determining whether to take an enforcement action described in subclause (I), (II), (III), or (IV) of clause (iii) with respect to a petition, and in determining the amount of any civil penalty or the length of any suspension imposed under that clause, the Secretary shall consider the specific circumstances of the situation, such as the gravity and seriousness of the violation involved, the amount of resources expended in reviewing the petition at issue, the effect on marketing of competing drugs of the pendency of the improperly submitted petition, including whether the timing of the submission of the petition appears to have been calculated to cause delay in the marketing of any drug awaiting approval, and whether the petitioner has a history of submitting petitions in violation of this subparagraph. ``(vi)(I) Any person aggrieved by a petition filed under such section 10.30 or section 10.35 (or any successor regulation), including a person filing an application under subsection (b)(2) or (j) of this section to which such petition relates, may request that the Secretary initiate an investigation described under clause (ii) for an enforcement action described under clause (iii). ``(II) The aggrieved person shall specify the basis for its belief that the petition at issue is false, misleading, fraudulent, or submitted for an improper purpose. The aggrieved person shall certify that the request is submitted in good faith, is well grounded in fact, and not submitted for any improper purpose. Any aggrieved person who knowingly and intentionally violates the preceding sentence shall be subject to the civil penalty described under clause (iii)(I). ``(vii) The Secretary shall take final agency action with respect to a petition filed under such section 10.30 or section 10.35 (or any successor regulation) within 6 months of receipt of such petition. The Secretary shall not extend such 6-month review period, even with consent of the petitioner, for any reason, including based upon the submission of comments relating to a petition or supplemental information supplied by the petitioner. If the Secretary has not taken final agency action on a petition by the date that is 6 months after the date of receipt of the petition, such petition shall be deemed to have been denied on such date. ``(viii) The Secretary may promulgate regulations to carry out this subparagraph, including to determine whether petitions filed under such section 10.30 or section 10.35 (or any successor regulation) merit enforcement action by the Secretary under this subparagraph.''.
Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply. Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty. Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties. Requires the Secretary to take final agency action on such a petition within six months.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Put School Counselors Where They're Needed Act''. SEC. 2. DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL COUNSELORS. (a) In General.--Part H of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6551 et seq.) is amended by adding at the end the following: ``Subpart 3--Demonstration Project for Additional Secondary School Counselors ``SEC. 1841. FINDINGS. ``Congress finds the following: ``(1) Nationally, only 70 percent of students graduate from high school with a regular high school diploma. ``(2) Every school day, 7,000 high school students in the United States become dropouts. ``(3) High school students living in low-income families drop out of school at 6 times the rate of their peers from high-income families. ``(4) Only about 55 percent of African-American students and 52 percent of Hispanic students graduate on time from high school with a regular diploma, compared to 78 percent of white students. ``(5) The dropout rate for students with disabilities is approximately twice that of general education students. ``(6) High school is the final transition into adulthood and the world of work as students begin separating from parents and exploring and defining their independence. Students who are deciding who they are and what they will do when they graduate face many pressures, including high-stakes testing, the challenges of college admissions, the scholarship and financial aid application process, and entrance into a competitive job market. They need guidance in these complex decisions, which have serious and life changing consequences. ``(7) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. ``(8) Professional secondary school counselors are highly qualified educators with a mental health perspective who understand and respond to the challenges presented by today's diverse student population. ``(9) The professional secondary school counselor holds a master's degree or higher in school counseling (or the substantial equivalent), and is certified or licensed by the State in which the counselor works. ``(10) Professional secondary school counselors are integral to the total educational program. They provide proactive leadership that engages all stakeholders in the delivery of programs and services to help the student achieve success in school. Professional secondary school counselors align and work with the school's mission to support the academic achievement of all students as they prepare for the ever-changing world of the 21st century. ``(11) Professional secondary school counselors' opportunities to assist students are often hindered by extraordinarily high student-to-counselor ratios. Currently, the average student-to-counselor ratio in America's public schools is 479 to 1. The American School Counselor Association, the American Counseling Association, and the National Association for College Admissions Counseling all recommend a ratio of 1 school counselor to 250 students and a lower ratio for counselors working primarily with students at risk. ``SEC. 1842. DEMONSTRATION PROJECT. ``(a) In General.--From amounts made available to carry out this subpart, the Secretary shall carry out a demonstration project under which the Secretary makes grants on a competitive basis to secondary schools that receive funds under this title and have a 4-year adjusted cohort graduation rate of 60 percent or lower. ``(b) Grants.--A grant under this section shall be for a period of 4 years and may be used-- ``(1) to provide additional school counselors during that period; and ``(2) to provide additional resources (such as professional development expenses or travel expenses for home visits, and any services and materials referred to in subsection (d)) and to pay overhead expenses. ``(c) Sense of Congress.--It is the sense of Congress that a secondary school that receives a grant under this section should aim to provide, under subsection (b)(1), 1 additional counselor per 250 students at risk. ``(d) Scope of Counseling.--The additional school counselors provided with funds under this subpart shall identify students who are at risk of not graduating in 4 years and shall provide counseling primarily to those students. The counselors may identify such students at any time, but shall strive to identify the students before the students enter grade 9. Services shall be provided as long as necessary, including to the extent allowable and appropriate, after the student's cohort graduation date. The counseling provided-- ``(1) may include a full panoply of services, including an individual graduation plan and other resources, such as appropriate course placement and supplemental services (to include not only supplemental educational services tutoring if available at the school site, but also other tutoring as necessary, along with supplemental books and materials); and ``(2) shall include meetings with each student identified under this subsection and with the teachers, tutors, supplemental educational services providers, and parents of the student, and may also include meetings with other relevant individuals, such as a probation officer, mentor, coach, or employer of the student. ``(e) Supplement Not Supplant.--Funds provided under this subpart shall be used to supplement, and not supplant, funds from non-Federal sources available to carry out activities described in this section. The additional school counselors provided through funds under this subpart shall be in addition to any employees who work in the secondary school guidance or counseling office, such as counselors, college admissions specialists, career development specialists, guidance information specialists, or any other professional or paraprofessional. ``(f) Additional Grant Periods.-- ``(1) In general.--A secondary school that receives a grant under this section and demonstrates adequate improvement over the period of the grant is eligible to receive a second grant for a second period. If the secondary school again demonstrates adequate improvement over that second period, the school is eligible to receive a third grant for a third period. The third grant shall provide amounts that decrease for each year of the third period and require the school to provide corresponding increases in non-Federal funds. ``(2) Adequate improvement.--For purposes of paragraph (1), a school demonstrates adequate improvement over a grant period if the 4-year adjusted cohort graduation rate increases (or is projected to increase) by 10 percent or more over that period. ``(g) Selection.--The Secretary shall carry out the demonstration project under this section in not less than 10 schools. The first 5 schools selected to participate shall each be from a different State. ``SEC. 1843. DEFINITIONS. ``In this subpart: ``(1) 4-year adjusted cohort graduation rate.--The term `4- year adjusted cohort graduation rate' means the number of students who earned a regular high school diploma at the conclusion of their fourth year, before their fourth year, or during a summer session immediately following their fourth year, divided by the number of students who formed the adjusted cohort for that graduating class. ``(2) Adjusted cohort.-- ``(A) In general.--Subject to subparagraphs (B), (C), (D), (E), and (F), the term `adjusted cohort' means the students who entered grade 9 together, and any students that transferred into the cohort in grade 9 through 12 minus any students removed from the cohort as described in subparagraph (C). ``(B) Transfers in.--The term `transfers in' means enrolls or re-enrolls after the beginning of the entering cohort's first year in high school, up to and including in grade 12. ``(C) Cohort removal.--To remove students from a cohort, the school or local educational agency shall confirm that the student-- ``(i) has transferred out; ``(ii) is in the custody of the juvenile justice system; or ``(iii) is deceased. ``(D) Transfers out.-- ``(i) In general.--Subject to clauses (ii), (iii), and (iv), the term `transfers out' means transfers to another school, local educational agency, or other educational program from which the student is expected to receive a regular high school diploma. ``(ii) Confirmation.--Confirmation of a student's transfer to another school, local educational agency, or program requires formal documentation that the student enrolled in the receiving school. ``(iii) Not considered transfers.--A student who enrolls in a GED or other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma shall not be considered to have transferred out for purposes of this subparagraph. ``(iv) Remain in cohort.--A student who was enrolled in a school, but for whom there is no confirmation of transfer or completion, may not be labeled a transfer or error, but shall remain in the cohort as a non-graduate for reporting and accountability purposes. ``(E) Treatment of other leavers and withdrawals.-- A student who was retained in a grade, enrolled in a GED program, or left school for any other reason may not be counted as a transfer out for the purpose of calculating graduation rates and shall remain in the adjusted cohort. ``(F) Special rule.--For those high schools that start after ninth grade, the cohort shall be calculated based on the earliest high school grade. ``(3) Regular high school diploma.-- ``(A) In general.--The term `regular high school diploma' means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, and does not include GEDs, certificates of attendance, or any lesser diploma award. ``(B) Special rule.--For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate achievement standards, receipt of a regular high school diploma or State-defined alternate diploma aligned with completion of the student's entitlement under the Individuals with Disabilities Education Act shall be counted as a graduate with a regular high school diploma for the purposes of this subpart. Not more than 1 percent of students in a school may be counted as graduates with a regular high school diploma under this subparagraph. ``SEC. 1844. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $6,000,000 for each of fiscal years 2008 through 2011.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1830 the following: ``subpart 3--demonstration project for additional secondary school counselors ``Sec. 1841. Findings. ``Sec. 1842. Demonstration project. ``Sec. 1843. Definitions. ``Sec. 1844. Authorization of appropriations.''.
Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60% or lower, for the provision of additional school counselors and counselor resources. Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk. Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years. Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Public Land Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Federal holdings in the State of Nevada constitute over 87 percent of the area of the State, and in 10 of the 17 counties the Federal Government controls at least 80 percent of the land; (2) the large amount of federally controlled land in Nevada and the lack of an adequate private land ownership base has had a negative impact on the overall economic development of rural counties and communities and severely degraded the ability of local governments to provide necessary services; (3) under general land laws less than 3 percent of the Federal land in Nevada has moved from Federal control to private ownership in the last 130 years; (4) in resource management plans, the Bureau of Land Management has identified for disposal land that is difficult and costly to manage and that would more appropriately be in non-Federal ownership; (5) implementation of Federal land management plans has been impaired by the lack of necessary funding to provide the needed improvements and the lack of land management programs to accomplish the goals and standards set out in the plans; and (6) the lack of a private land tax base prevents most local governments from providing the appropriate infrastructure to allow timely development of land that is disposed of by the Federal Government for community expansion and economic growth. (b) Purposes.--The purposes of this Act are to provide for-- (1) the orderly disposal and use of certain Federal land in the State of Nevada that was not included in the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343); (2) the acquisition of environmentally sensitive land in the State; and (3) the implementation of projects and activities in the State to protect or restore important environmental and cultural resources. SEC. 3. DEFINITIONS. In this Act: (1) Current land use plan.--The term ``current land use plan'', with respect to an administrative unit of the Bureau of Land Management, means the management framework plan or resource management plan applicable to the unit that was approved most recently before the date of enactment of this Act. (2) Environmentally sensitive land.--The term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, or other values that contribute to public enjoyment or biological diversity; (B) enhance recreational opportunities or public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Special account.--The term ``Special Account'' means the account established by section 6. (5) State.--The term ``State'' means the State of Nevada. (6) Unit of local government.--The term ``unit of local government'' means the elected governing body of each city and county in the State except the cities of Las Vegas, Henderson, and North Las Vegas. SEC. 4. DISPOSAL AND EXCHANGE. (a) Disposal.--In accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law and subject to valid existing rights, the Secretary may dispose of public land under current land use plans maintained under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), other than land that is identified for disposal under the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343). (b) Recreation and Public Purpose Conveyances.-- (1) In general.--Not less than 30 days before offering land for sale or exchange under subsection (a), the State or the unit of local government in the jurisdiction of which the land is located may elect to obtain the land for local public purposes under the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (2) Retention by secretary.--If the State or unit of local government elects to obtain the land, the Secretary shall retain the land for conveyance to the State or unit of local government in accordance with that Act. (c) Withdrawal.--Subject to valid existing rights, all Federal land selected for disposal under subsection (d)(1) is withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. (d) Selection.-- (1) In general.--The Secretary, the unit of local government that has jurisdiction over land identified for disposal under subsection (a), and the State shall jointly select land to be offered for sale or exchange under this section. (2) Coordination.--The Secretary shall coordinate land disposal activities with the unit of local government under the jurisdiction of which the land is located. (3) Local land use planning and zoning requirements.--The Secretary shall dispose of land under this section in a manner that is consistent with local land use planning and zoning requirements and recommendations. (e) Sales Offering, Price, Procedures, and Prohibitions.-- (1) Offering.--The Secretary shall make the first offering of land as soon as practicable after land has been selected under subsection (d). (2) Sale price.-- (A) In general.--The Secretary shall make all sales of land under this section at a price that is not less than the fair market value of the land, as determined by the Secretary. (B) Affordable housing.--Subparagraph (A) does not affect the authority of the Secretary to make land available at less than fair market value for affordable housing purposes under section 7(b) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2349). (3) Competitive bidding.-- (A) In general.--The sale of public land selected under subsection (d) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). (B) Exceptions.--The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to sales under this Act in cases in which the Secretary determines that application of an exception is necessary and proper. (C) Notice of competitive bidding procedures.--The Secretary shall also ensure adequate notice of competitive bidding procedures to-- (i) owners of land adjoining the land proposed for sale; (ii) local governments in the vicinity of the land proposed for sale; and (iii) the State. (4) Prohibitions.--A sale of a tract of land selected under subsection (d) shall not be undertaken if the Federal costs of sale preparation and processing are estimated to exceed the proceeds of the sale. (f) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this section during a fiscal year-- (A) 5 percent shall be paid to the State for use in the general education program of the State; (B) 45 percent shall be paid directly to the local unit of government in the jurisdiction of which the land is located for use as determined by the unit of local government, with consideration given to use for support of health care delivery, law enforcement, and schools; and (C) 50 percent shall be deposited in the Special Account. (2) Land exchanges.-- (A) In general.--In a land exchange under this section, the non-Federal party shall provide direct payment to the unit of local government in the jurisdiction of which the land is located in an amount equal to 15 percent of the fair market value of the Federal land conveyed in the exchange. (B) Treatment of payments as cost incurred.--If any agreement to initiate the exchange so provides, a payment under subparagraph (A) shall be considered to be a cost incurred by the non-Federal party that shall be compensated by the Secretary. (C) Pending exchanges.--This Act, other than subsections (a) and (b) and this subsection, shall not apply to any land exchange for which an initial agreement to initiate an exchange was signed by an authorized representative of the exchange proponent and an authorized officer of the Bureau of Land Management before the date of enactment of this Act. (g) Additional Disposal Land.--Public land identified for disposal in the State under a replacement of or amendment to a current land use plan shall be subject to this Act. SEC. 5. ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND. (a) In General.--After consultation in accordance with subsection (c), the Secretary may use funds in the Special Account and any other funds that are made available by law to acquire environmentally sensitive land and interests in environmentally sensitive land. (b) Consent.--The Secretary may acquire environmentally sensitive land under this section only from willing sellers. (c) Permission.-- (1) In general.--Before initiating efforts to acquire environmentally sensitive land under this section, the Secretary or the Secretary of Agriculture shall consult and obtain consent from the State and units of local government under the jurisdiction of which the environmentally sensitive land is located (including appropriate planning and regulatory agencies) before they can acquire the land. (2) Information.--The Secretary or Secretary of Agriculture shall provide the State and units of local government with the following: (A) An explanation of why the acquisition is necessary. (B) An analysis of the potential impact of the acquisition on State and local government. (C) Information regarding other appropriate aspects of the acquisition. (d) Administration.--On acceptance of title by the United States, any environmentally sensitive land or interest in environmentally sensitive land acquired under this section that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, any other system established by law, or any national conservation or recreation area established by law-- (1) shall become part of the unit or area without further action by the Secretary or Secretary of Agriculture; and (2) shall be managed in accordance with all laws (including regulations) and land use plans applicable to the unit or area. (e) Fair Market Value.--The fair market value of environmentally sensitive land or an interest in environmentally sensitive land to be acquired by the Secretary or the Secretary of Agriculture under this section shall be determined-- (1) under section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711) and other applicable requirements and standards; and (2) without regard to the presence of a species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (f) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) in subparagraph (G), by striking ``or'' at the end; (2) in subparagraph (H), by striking the period at the end and inserting ``; or ''; and (3) by adding at the end the following: ``(I) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Nevada Public Land Management Act of 1999 that is not otherwise described in subparagraphs (A) through (G).''. SEC. 6. SPECIAL ACCOUNT. (a) Establishment.--There is established in the Treasury of the United States a separate account to be used in carrying out this Act. (b) Contents.--The Special Account shall consist of-- (1) amounts deposited in the Special Account under section 4(f)(1)(B); (2) donations to the Special Account; and (3) appropriations to the Special Account. (c) Use.-- (1) In general.--Amounts in the Special Account shall be available to the Secretary until expended, without further Act of appropriation, to pay-- (A) subject to paragraph (2), costs incurred by the Bureau of Land Management in arranging sales or exchanges under this Act, including the costs of land boundary surveys, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), appraisals, environmental and cultural clearances, and public notice; (B) the cost of acquisition of environmentally sensitive land or interest in such land in the State; (C) the cost of carrying out any necessary revision or amendment of a current land use plan of the Bureau of Land Management that relates to land sold, exchanged, or acquired under this Act; (D) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources, including petroglyphs; (E) the cost of projects, programs, or land acquisition to stabilize or restore water quality and lake levels in Walker Lake; and (F) related costs determined by the Secretary. (2) Limitations.-- (A) Costs in arranging sales or exchanges.--Costs charged against the Special Account for the purposes described in paragraph (1)(A) shall not exceed the minimum amount practicable in view of the fair market value of the Federal land to be sold or exchanged. (B) Acquisition.--Not more than 50 percent of the amounts deposited in the Special Account in any fiscal year may be used in that fiscal year or any subsequent fiscal year for the purpose described in paragraph (1)(B). (3) Plan revisions and amendments.--The process of revising or amending a land use plan shall not cause delay or postponement in the implementation of this Act. (d) Interest.--All funds deposited in the Special Account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended in accordance with subsection 6(c). (e) Coordination.--The Secretary shall coordinate the use of the Special Account with the Secretary of Agriculture, the State, and units of local government in which land or an interest in land may be acquired, to ensure accountability and demonstrated results. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 7. REPORT. The Secretary, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a biennial report that describes each transaction that is carried out under this Act.
Nevada Public Land Management Act of 1999 - Authorizes the Secretary of the Interior to dispose of public land in the State of Nevada under specified current land use plans other than land identified under the Southern Nevada Public Land Management Act of 1998. Authorizes the State or local governments in the jurisdiction of which the land is located to obtain the land for local public purposes prior to the offering of such land for sale or exchange. Requires the Secretary to retain such land for conveyance to the State or a local government if such entities elect to obtain the land. Withdraws Federal land selected for disposal, subject to valid existing rights, from location and entry under the mining laws and from operation under the mineral and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. Requires the Secretary, the local government that has jurisdiction over land identified for disposal, and the State to select land to be offered for sale or exchange. Sets forth requirements for sales, including those for competitive bidding. Bars the sale of a tract of land if the Federal costs of sale preparation and processing are estimated to exceed sale proceeds. Allocates the gross proceeds of land sales during a fiscal year as follows: (1) five percent to the State for the general education program; (2) 45 percent to the local government for use as determined by such government; and (3) 50 percent to the Special Account established by this Act. Sets forth requirements for land exchanges. Authorizes the Secretary, subject to certain consultation requirements, to use funds to acquire environmentally sensitive land and interests in such land. Permits such acquisitions only from willing sellers and with the consent of the State and local governments with jurisdiction. Defines "environmentally sensitive land" as land that would: (1) promote the preservation of specified values that contribute to public enjoyment or biological diversity; (2) enhance recreational opportunities or public access; (3) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (4) otherwise serve the public interest. Includes such lands in the definition of "entitlement land" for purposes of Federal provisions governing payment for entitlement land. Establishes a Special Account in the Treasury to carry out this Act. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Long-Term Care Security Act of 2006''. SEC. 2. REQUIREMENT FOR REPORT TO CONGRESS BEFORE IMPLEMENTATION OF REDUCTION IN PER DIEM RATES FOR CARE PROVIDED TO VETERANS IN STATE HOMES. (a) Requirement for Report.--Subsection (c) of section 1741 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2)(A) If the Secretary proposes to implement a reduction in payments made under this section with respect to a fiscal year the Secretary shall, not later than January 1 of the preceding fiscal year, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing a detailed justification of such proposed reduction. ``(B) For purposes of this paragraph, a reduction in payments is-- ``(i) a lack of increase in the rates paid under subsection (a) pursuant to a determination of the Secretary under paragraph (1); or ``(ii) a modification of the eligibility for veterans to receive care in State homes that would, if enacted into law, result in fewer veterans eligible to receive such care in State homes. ``(C) In preparing a report under subparagraph (A), the Secretary shall consult with the heads and appropriate officials of the State and local agencies responsible for the supervision of State homes in each State in which State homes are operated, and representatives of such other organizations with expertise in State home matters as the Secretary determines appropriate. ``(D) A report under subparagraph (A) shall include the following information: ``(i) A specific description of the degree to which the proposed reduction in payments would effect the financial well- being of each State home. ``(ii) A detailed description of the consultation with heads, officials, and representatives required under subparagraph (C), and the results of that consultation. ``(iii) A description of the intent of the Secretary to recover grant amounts under section 8136(a) of this title where a State determines, as a result of the proposed reduction in payments, to close a State home within the period prescribed under that section. ``(iv) A description of the effect of the proposed reduction in payments on the long-term care needs of veterans who receive care in State homes, including a description of the options for long-term care in reasonably proximate facilities available to such veterans and an assessment of the cost of the provision of care for such veterans in such facilities.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and apply with respect to per diem payments made under section 1741 of title 38, United States Code, on or after such date. SEC. 3. NURSING HOME CARE AND PRESCRIPTION MEDICATIONS IN STATE HOMES FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Nursing Home Care.--Subchapter V of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1744. Nursing home care and medications for veterans with service-connected disabilities ``(a)(1) The Secretary shall pay each State home for nursing home care at the applicable rate payable under section 1720 of this title for nursing home care furnished in a non-Department nursing home (as that term is defined in subsection (e)(2) of such section), where such care is provided to any veteran as follows: ``(A) Any veteran in need of such care for a service- connected disability. ``(B) Any veteran who-- ``(i) has a service-connected disability rated at 70 percent or more; and ``(ii) is in need of such care. ``(2) Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.''. (b) Provision of Prescription Medicines.--Such section is further amended by adding at the end the following new subsection: ``(b) The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury to any veteran as follows: ``(1) Any veteran in need of such drugs and medicines for a service-connected disability. ``(2) Any veteran who-- ``(A) has a service-connected disability rated at 50 percent or more; ``(B) is provided nursing home care that is payable under subsection (a); and ``(C) is in need of such drugs and medicines.''. (c) Conforming Amendments.-- (1) Criteria for payment.--Section 1741(a)(1) of such title is amended by striking ``The'' and inserting ``Except as provided in section 1744 of this title, the''. (2) Eligibility for nursing home care.--Section 1710(a)(4) of such title is amended-- (A) by striking ``and'' before ``the requirement in section 1710B of this title''; and (B) by inserting ``, and the requirement in section 1744 of this title to provide nursing home care and prescription medicines to veterans with service- connected disabilities in State homes'' after ``a program of extended care services''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1743 the following new item: ``1744. Nursing home care and medications for veterans with service- connected disabilities.''. (e) Effective Date.--The amendment made by this section shall take effect on October 1, 2006. SEC. 4. AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE HOMES. (a) Authority.--Subchapter III of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8138. Treatment of certain health facilities as State homes ``(a) The Secretary may treat a health facility as a State home for purposes of subchapter V of chapter 17 of this title if the following requirements are met: ``(1) The facility meets the standards for the provision of nursing home care that is applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility as the Secretary may require. ``(2) The facility is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting State home facilities. ``(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care. ``(4) The Secretary determines that the treatment of the facility as a State home best meets the needs of veterans for nursing home care in the geographic area in which the facility is located. ``(5) The Secretary approves the application submitted by the State with respect to the facility. ``(b) The Secretary may not treat a health facility as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for by regulations prescribed under section 8134(a) of this title. ``(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed the number of veterans in beds in State homes that otherwise would be permitted in the State under regulations prescribed under section 8134(a) of this title. ``(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8137 the following new item: ``8138. Treatment of certain health facilities as State homes.''.
Veterans Long-Term Care Security Act of 2006 - Requires the Secretary of Veterans Affairs to submit to the congressional veterans' committees a detailed justification of any proposal to implement a reduction in per diem payments to state nursing homes for care provided to veterans. Directs the Secretary to pay for nursing home care furnished in a non-Department of Veterans Affairs nursing home where such care is provided to any veteran: (1) in need of such care for a service-connected disability; or (2) with a service-connected disability rated at 70 percent or more and in need of such care. Directs the Secretary to furnish such drugs and medicines as ordered by a duly licensed physician for any veteran: (1) in need of such drugs and medicines for a service-connected disability; or (2) with a service-connected disability rated at 50 percent or more in need of such drugs and medicines while being provided nursing home care payable through the Department. Authorizes the Secretary to treat certain health facilities as state homes for purposes of eligibility for payments for care provided to veterans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Boxer.--The term ``boxer'' means an individual who fights in a professional boxing match. (2) Boxing commission.--(A) The term ``boxing commission'' means an entity authorized under State law to regulate professional boxing matches. (3) Boxer registry.--The term ``boxer registry'' means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers. (4) Licensee.--The term ``licensee'' means an individual who serves as a trainer, second, or cut man for a boxer. (5) Manager.--The term ``manager'' means a person who receives compensation for service as an agent or representative of a boxer. (6) Matchmaker.--The term ``matchmaker'' means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match. (7) Physician.--The term ``physician'' means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs such function or action. (8) Professional boxing match.--The term ``professional boxing match'' means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by an amateur sports organization. (9) Promoter.--The term ``promoter'' means the person primarily responsible for organizing, promoting, and producing a professional boxing match. (10) State.--The term ``State'' means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. No person may arrange, promote, organize, produce, or fight in a professional boxing match held in a State that does not have a boxing commission unless the match is supervised by a boxing commission from another State and subject to the most recent version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions as well as any additional relevant professional boxing regulations and requirements of such other State. SEC. 5. SAFETY STANDARDS. No person may arrange, promote, organize, produce, or fight in a professional boxing match without meeting each of the following requirements or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers: (1) A physical examination of each boxer by a physician certifying whether or not the boxer is physically fit to safely compete, copies of which must be provided to the boxing commission. (2) Except as otherwise expressly provided under regulation of a boxing commission promulgated subsequent to the enactment of this Act, an ambulance or medical personnel with appropriate resuscitation equipment continuously present on site. (3) A physician continuously present at ringside. (4) Health insurance for each boxer to provide medical coverage for any injuries sustained in the match. SEC. 6. REGISTRATION. (a) Requirements.--Each boxer shall register with-- (1) the boxing commission of the State in which such boxer resides; or (2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no boxing commission, the boxing commission of any State that has such a commission. (b) Identification Card.-- (1) Issuance.--A boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains each of the following: (A) A recent photograph of the boxer. (B) The social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer). (C) A personal identification number assigned to the boxer by a boxing registry. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 2 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the appropriate boxing commission not later than the time of the weigh-in for a professional boxing match. SEC. 7. REVIEW. (a) Procedures.--Each boxing commission shall establish each of the following procedures: (1) Procedures to evaluate the professional records and physician's certification of each boxer participating in a professional boxing match in the State, and to deny authorization for a boxer to fight where appropriate. (2) Procedures to ensure that, except as provided in subsection (b), no boxer is permitted to box while under suspension from any boxing commission due to-- (A) a recent knockout or series of consecutive losses; (B) an injury, requirement for a medical procedure, or physician denial of certification; (C) failure of a drug test; or (D) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents. (3) Procedures to review a suspension where appealed by a boxer, including an opportunity for a boxer to present contradictory evidence. (4) Procedures to revoke a suspension where a boxer-- (A) was suspended under subparagraph (A) or (B) of paragraph (2) of this subsection, and has furnished further proof of a sufficiently improved medical or physical condition; or (B) furnishes proof under subparagraph (C) or (D) of paragraph (2) that a suspension was not, or is no longer, merited by the facts. (b) Suspension in Another State.--A boxing commission may allow a boxer who is under suspension in any State to participate in a professional boxing match-- (1) for any reason other than those listed in subsection (a) if such commission notifies in writing and consults with the designated official of the suspending State's boxing commission prior to the grant of approval for such individual to participate in that professional boxing match; or (2) if the boxer appeals to the Association of Boxing Commissions, and the Association of Boxing Commissions determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this Act. SEC. 8. REPORTING. Not later than 48 business hours after the conclusion of a professional boxing match, the supervising boxing commission shall report the results of such boxing match and any related suspensions to each boxer registry. SEC. 9. CONFLICTS OF INTEREST. No member or employee of a boxing commission, no person who administers or enforces State boxing laws, and no member of the Association of Boxing Commissions may belong to, contract with, or receive any compensation from, any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. For purposes of this section, the term ``compensation'' does not include funds held in escrow for payment to another person in connection with a professional boxing match. The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by a boxing commission to supervise a professional boxing match in another State as described in section 4. SEC. 10. ENFORCEMENT. (a) Injunctions.--Whenever the Attorney General of the United States has reasonable cause to believe that a person is engaged in a violation of this Act, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person, as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers, promoters, matchmakers, and licensees.--Any manager, promoter, matchmaker, and licensee who knowingly violates, or coerces or causes any other person to violate, any provision of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (2) Conflict of interest.--Any member or employee of a boxing commission, any person who administers or enforces State boxing laws, and any member of the Association of Boxing Commissions who knowingly violates section 9 of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (3) Boxers.--Any boxer who knowingly violates any provision of this Act shall, upon conviction, be fined not more than $1,000. SEC. 11. NOTIFICATION OF SUPERVISING BOXING COMMISSION. Each promoter who intends to hold a professional boxing match in a State that does not have a boxing commission shall, not later than 14 days before the intended date of that match, provide written notification to the supervising boxing commission designated under section 4. Such notification shall contain each of the following: (1) Assurances that, with respect to that professional boxing match, all applicable requirements of this Act will be met. (2) The name of any person who, at the time of the submission of the notification-- (A) is under suspension from a boxing commission; and (B) will be involved in organizing or participating in the event. (3) For any individual listed under paragraph (2), the identity of the boxing commission that issued the suspension described in paragraph (2)(A). SEC. 12. STUDIES. (a) Pension.--The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for boxers, including potential funding sources. (b) Health, Safety and Equipment.--The Secretary of Health and Human Services shall conduct a study to develop recommendations for health, safety, and equipment standards for boxers and for professional boxing matches. (c) Reports.--Not later than one year after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a). Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (b). SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN RESERVATIONS. (a) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Reservation.--The term ``reservation'' means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (3) Tribal organization.--The term ``tribal organization'' has the same meaning as in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization-- (A) regulate professional boxing matches held within the reservation under the jurisdiction of that tribal organization; and (B) carry out that regulation or enter into a contract with a boxing commission to carry out that regulation. (2) Standards and licensing.--If a tribal organization regulates professional boxing matches pursuant to paragraph (1), the tribal organization shall, by tribal ordinance or resolution, establish and provide for the implementation of health and safety standards, licensing requirements, and other requirements relating to the conduct of professional boxing matches that are at least as restrictive as-- (A) the otherwise applicable standards and requirements of a State in which the reservation is located; or (B) the most recently published version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions. SEC. 14. RELATIONSHIP WITH STATE LAW. Nothing in this Act shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act, or criminal, civil, or administrative fines for violations of such laws or regulations. SEC. 15. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 1997, except as follows: (1) Section 9 shall not apply to an otherwise authorized boxing commission in the Commonwealth of Virginia until July 1, 1998. (2) Sections 5 through 9 shall take effect on July 1, 1997. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Professional Boxing Safety Act of 1996 - Prohibits any person from arranging, promoting, organizing, producing, or fighting in a professional boxing match held in a State that has no boxing commission unless the match is: (1) supervised by a commission from another State; and (2) subject to the most recent Association of Boxing Commissions (ABC) guidelines, as well as any additional relevant professional regulations and requirements of such other State. Requires, for any professional boxing match: (1) a physical examination of each boxer to determine fitness to compete; (2) the presence of an ambulance or medical personnel and a physician on site; and (3) health insurance coverage for each boxer. (Sec. 6) Requires each professional boxer to register with the commission of the State in which such boxer resides or, in the case of a boxer who is a resident of a foreign country or a State in which there is no such commission, the commission of any other State. Directs a commission to issue to each registering boxer an identification card that contains a recent photograph, a social security or similar identification number, and a personal identification number assigned by a boxing registry. (Sec. 7) Directs each commission to establish procedures to: (1) evaluate the professional records and physician's certification of each boxer participating in a match in the State and to deny fight authorization where appropriate; (2) ensure that no boxer is permitted to box while under suspension from any commission due to a recent knockout or series of consecutive losses, an injury, a required medical procedure, a physician denial of certification, failure of a drug test, or use of false aliases, identification cards, or documents; (3) review a suspension when appealed by a boxer; and (4) revoke a suspension where appropriate proof is presented that a suspension was not, or is no longer, merited by the facts. Authorizes a commission to allow a boxer who is under suspension in any State to participate in a boxing match: (1) for any reason other than those listed above if such commission notifies the suspending commission in writing prior to its approval; or (2) if the boxer appeals to the ABC and the ABC determines that the suspension was without sufficient grounds, for an improper purpose, or not related to the boxer's health or safety or the purposes of this Act. (Sec. 8) Requires the supervising commission, within 48 business hours after the conclusion of a fight, to report fight results and any related suspensions to each boxer registry. (Sec. 9) Outlines conflict-of-interest requirements for commission members or employees, persons who administer or enforce State boxing laws, and members of the ABC. (Sec. 10) Authorizes the Attorney General to bring a civil action against persons in violation of this Act for appropriate relief, including match injunctions. Prescribes criminal penalties for violations of this Act. (Sec. 11) Requires each promoter who intends to hold a match in a State that does not have a boxing commission, at least 14 days before such fight, to provide written notification to the supervising boxing authority containing: (1) assurances that the requirements of this Act will be met; and (2) the identity of any participating fighter who is under suspension from a boxing commission and the identity of such commission. (Sec. 12) Requires a study by: (1) the Secretary of Labor on the feasibility and cost of a national pension system for boxers; and (2) the Secretary of Health and Human Services to develop recommendations for health, safety, and equipment standards for boxers and matches. (Sec. 13) Authorizes an Indian tribal organization to regulate, or enter into a contract for a boxing commission to regulate, matches held on a reservation. Requires a tribal organization that regulates its own matches to establish and implement health and safety standards, licensing, and related requirements that are at least as restrictive as: (1) the standards of the State in which the reservation is located; or (2) the most recent ABC guidelines.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Japanese American Memorial Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE Sec. 101. Boundary adjustment. Sec. 102. Administration of Monument. TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2 Sec. 201. Definitions. Sec. 202. Authority to convey title. Sec. 203. Transfer. Sec. 204. Compliance with other laws. Sec. 205. Revocation of withdrawals. Sec. 206. Liability. Sec. 207. Future benefits. Sec. 208. National Environmental Policy Act. Sec. 209. Payment. TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE SEC. 101. BOUNDARY ADJUSTMENT. (a) In General.--The boundary of the Minidoka Internment National Monument, located in the State of Idaho and established by Presidential Proclamation 7395 of January 17, 2001, is adjusted to include the Nidoto Nai Yoni (``Let it not happen again'') memorial. That memorial-- (1) commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II under Executive Order No. 9066; and (2) consists of approximately 8 acres of land owned by the City of Bainbridge Island, Washington, as depicted on the map titled ``Bainbridge Island Japanese American Memorial'', numbered 194/80,003, and dated September, 2006. (b) Map.--The map referred to in subsection (a) shall be kept on file and made available for public inspection in the appropriate offices of the National Park Service. SEC. 102. ADMINISTRATION OF MONUMENT. (a) Administration.--The Secretary of the Interior (hereinafter in this section referred to as the ``Secretary'') shall administer the Nidoto Nai Yoni Memorial as part of Minidoka Internment National Monument in accordance with-- (1) Presidential Proclamation 7395 of January 17, 2001; (2) laws and regulations generally applicable to units of the National Park System, including the Act of August 25, 1916 (popularly known as the ``National Park Service Organic Act,''; 16 U.S.C. 1 et seq.); and (3) any agreements entered into pursuant to subsection (b). (b) Agreements.-- (1) For the purposes of defining the role of the National Park Service in administering the Nidoto Nai Yoni Memorial owned by the City of Bainbridge Island, the Secretary is authorized to enter into agreements with-- (A) the City of Bainbridge Island; (B) the Bainbridge Island Metropolitan Park and Recreational District; (C) the Bainbridge Island Japanese American Community Memorial Committee; (D) the Bainbridge Island Historical Society; (E) successor entities to the entities named in subparagraphs (A) through (D); and (F) other appropriate individuals or entities, at the discretion of the Secretary. (2) In order to implement an agreement provided for in paragraph (1), the Secretary may-- (A) make grants to the City of Bainbridge Island for development of an administrative and interpretive facility for the Nidoto Nai Yoni Memorial; (B) enter into a cooperative management agreement with the City of Bainbridge Island, pursuant to section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l); popularly known as the ``National Park System General Authorities Act''), for the purpose of providing assistance with operation and maintenance of the memorial; (C) make grants to other non-Federal entities for other infrastructure projects at the memorial, subject to a match of non-Federal funding equal to the amount of a grant made pursuant to this paragraph; and (D) make grants or enter into cooperative agreements with non-Federal entities to support development of interpretive media for the memorial. (c) Administrative and Visitor Use Site.--The Secretary is authorized to operate and maintain a site in Seattle, Washington, for administrative and visitor use purposes associated with Minidoka Internment National Monument, using to the greatest extent practicable the facilities and other services of the Seattle unit of the Klondike Gold Rush National Historical Park. (d) Coordination of Interpretive and Educational Materials and Programs.--The Secretary shall coordinate the development of interpretive and educational materials and programs for the Nidoto Nai Yoni Memorial and the Minidoka Internment National Monument site in the State of Idaho with the Manzanar National Historic Site in the State of California. TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2 SEC. 201. DEFINITIONS. In this title: (1) Agreement.--The term ``Agreement'' means Agreement No. 5-07-10-L1688 between the United States and the District, entitled ``Agreement Between the United States and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and Interest to the American Falls Reservoir District No. 2''. (2) District.--The term ``District'' means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, Idaho. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Idaho. SEC. 202. AUTHORITY TO CONVEY TITLE. (a) In General.--In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey-- (1) to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights; (2) to the city of Gooding, located in Gooding County, of the State, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; and (3) to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement. (b) Compliance With Agreement.--All parties to the conveyance under subsection (a) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act. SEC. 203. TRANSFER. As soon as practicable after the date of enactment of this Act, the Secretary shall direct the Director of the National Park Service to include in and manage as a part of the Minidoka Internment National Monument the 10.18 acres of land and improvements described in Appendix D of the Agreement. SEC. 204. COMPLIANCE WITH OTHER LAWS. (a) In General.--On conveyance of the land and improvements under section 202(a)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred. (b) Applicable Authority.--Nothing in this title modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water provided to the District. SEC. 205. REVOCATION OF WITHDRAWALS. (a) In General.--The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked. (b) Management of Withdrawn Land.--The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subsection (a) subject to valid existing rights. SEC. 206. LIABILITY. (a) In General.--Subject to subsection (b), upon completion of a conveyance under section 202, the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance. (b) Exception.--Subsection (a) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance. (c) Federal Tort Claims Act.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code. SEC. 207. FUTURE BENEFITS. (a) Responsibility of the District.--After completion of the conveyance of land and improvements to the District under section 202(a)(1), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land). (b) Eligibility for Federal Funding.-- (1) In general.--Except as provided in paragraph (2), the District shall not be eligible to receive Federal funding to assist in any activity described in subsection (a) relating to land and improvements transferred under section 202(a)(1). (2) Exception.--Paragraph (1) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary. SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT. Before completing any conveyance under this Act, the Secretary shall complete all actions required under-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (4) all other applicable laws (including regulations). SEC. 209. PAYMENT. (a) Fair Market Value Requirement.--As a condition of the conveyance under section 202(a)(1), the District shall pay the fair market value for the withdrawn lands to be acquired by them, in accordance with the terms of the Agreement. (b) Grant for Building Replacement.--As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka Internment National Monument, the Secretary, acting through the Commission of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.
Japanese American Memorial Act of 2007 - Adjusts the boundary of the Minidoka Internment National Monument located in Idaho to include the Nidoto Nai Yoni ("Let it not happen again") memorial that commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II. Authorizes the Secretary, for the purposes of defining the role of the National Park Service (NPS) in administering the Memorial owned by the City of Brainbridge Island to enter into agreements with the City of Bainbridge Island and specified entities. Authorizes the Secretary to operate and maintain a site in Seattle, Washington, for administrative and visitor use purposes associated with the Monument, using the facilities and other services of the Seattle unit of Klondike Gold Rush National Historical Park. Requires the Secretary to coordinate the development of interpretive and educational materials and programs for the Memorial and Monument site in Idaho with the Manzanar National Historic Site in California. American Falls Reservoir District Number 2 Conveyance Act - Authorizes the Secretary of the Interior to convey specified land to the: (1) American Falls Reservoir District No. 2 located in Jerome, Lincoln, and Gooding Counties, Idaho; (2) city of Gooding; and (3) Idaho Department of Fish and Game. Revokes the Department of Interior's previous orders that withdrew specified land from the Gooding Division of the Minidoka project.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Complaint and Litigation Accountability Improvement Measures Act'' or the ``Trade CLAIM Act''. SEC. 2. REVIEW OF DETERMINATIONS OF THE UNITED STATES TRADE REPRESENTATIVE BY THE COURT OF INTERNATIONAL TRADE. Section 1581 of title 28, United States Code, is amended-- (a) in subsection (i)-- (1) in the matter preceding paragraph (1), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (2) in paragraph (4), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (b) by adding at the end the following: ``(k) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced by a petitioner requesting that the United States Trade Representative take action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) to review de novo any determination or action of the United States Trade Representative under section 301(a), 302(a)(2), 304(a)(1), 305(a)(2)(A)(ii), 306(b), or 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a), 2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), or 2417(a)(1)).''. SEC. 3. CONSIDERATION BY THE UNITED STATES TRADE REPRESENTATIVE OF PETITIONS TO ENFORCE UNITED STATES TRADE RIGHTS. (a) Actions by United States Trade Representative.--Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended-- (1) in subsection (a)-- (A) in paragraph (1) in the flush text at the end, by striking ``, subject to the specific direction, if any, of the President regarding any such action,''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``in any case in which'' and inserting ``if''; (ii) in subparagraph (A)(ii)(II), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (B) and inserting the following: ``(B) the foreign country has-- ``(i) agreed to imminently eliminate the act, policy, or practice, or ``(ii) agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice; ``(C) the Trade Representative finds that it is impossible for the foreign country to achieve the results described in subparagraph (B), but the foreign country agrees to provide to the United States compensatory trade benefits that are equivalent in value to the burden or restriction on United States commerce resulting from the acts, policy, or practice; ``(D) in extraordinary cases, the Trade Representative finds that the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter; or ``(E) the Trade Representative finds that the taking of action under this subsection would cause serious harm to the national security of the United States.''; and (2) in subsection (c)(1)(D)-- (A) by amending clauses (i) and (ii) to read as follows: ``(i) imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), ``(ii) imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice,''; and (B) by amending subclause (I) of clause (iii) to read as follows: ``(I) are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice, and''. (b) Initiation of Investigations.--Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended-- (1) in subsection (a)(2), by striking the period and inserting ``based on whether the petitioner has alleged facts that, if assumed to be true, would meet the criteria set forth in section 301(a)(1).''; and (2) in subsection (c), by striking ``(a) or''. (c) Consultations.--Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended-- (1) in subsection (a)(2), by striking ``mutually acceptable resolution'' and inserting ``resolution acceptable to the Trade Representative, the foreign country, and the petitioner (if any)''; and (2) in subsection (b)(1)(A), by striking ``after consulting with'' and inserting ``with the consent of''. (d) Implementation of Actions.--Section 305(a)(1) of the Trade Act of 1974 (19 U.S.C. 2415(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President regarding any such action,''. (e) Monitoring of Foreign Compliance.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended-- (1) in paragraph (1), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''; and (2) in paragraph (2)(A), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''. (f) Modification and Termination of Action.--Section 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President with respect to such action,''.
Trade Complaint and Litigation Accountability Improvement Measures Act or the Trade CLAIM Act - Amends the federal judicial code to grant the Court of International Trade exclusive jurisdiction of any civil action commenced by a petitioner requesting de novo review of a U.S. Trade Representative (Trade Representative) decision concerning the enforcement of U.S. trade rights. Amends the Trade Act of 1974 to revise requirements concerning the enforcement of U.S. trade rights with respect to presidential authority and the responsibility of the Trade Representative. Permits the Trade Representative to take further action to enforce U.S. rights, based on the Trade Representative's monitoring, when a petitioner considers that the actions of a foreign country in implementing a measure have not been satisfactory.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Unfair Giveaways and Restrictions Act of 2011'' or ``SUGAR Act of 2011''. SEC. 2. SUGAR PROGRAM. (a) In General.--Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended-- (1) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Loans.--The Secretary shall carry out this section through the use of recourse loans.''; (2) by redesignating subsection (i) as subsection (j); (3) by inserting after subsection (h) the following: ``(i) Phased Reduction of Loan Rate.--For each of the 2012, 2013, and 2014 crops of sugar beets and sugarcane, the Secretary shall lower the loan rate for each succeeding crop in a manner that progressively and uniformly lowers the loan rate for sugar beets and sugarcane to $0 for the 2015 crop.''; and (4) in subsection (j) (as redesignated), by striking ``2012'' and inserting ``2014''. (b) Prospective Repeal.--Effective beginning with the 2015 crop of sugar beets and sugarcane, section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed. SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS. (a) In General.--Notwithstanding any other provision of law-- (1) a processor of any of the 2015 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2015 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (b) Termination of Marketing Quotas and Allotments.-- (1) In general.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (c) General Powers.-- (1) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph-- (A) in paragraph (1), by inserting ``(other than sugar beets and sugarcane)'' after ``commodities''; and (B) in paragraph (3), by inserting ``(other than sugar beets and sugarcane)'' after ``commodity''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``, sugar beets, and sugarcane'' after ``tobacco''. (3) Price support for nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (4) Commodity credit corporation storage payments.--Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed. (5) Suspension and repeal of permanent price support authority.--Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended-- (A) by striking subparagraph (E); and (B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively. (6) Storage facility loans.--Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed. (7) Feedstock flexibility program for bioenergy producers.--Effective beginning with the 2013 crop of sugar beets and sugarcane, section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (d) Transition Provisions.--This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section. SEC. 4. TARIFF-RATE QUOTAS. (a) Establishment.--Except as provided in subsection (c) and notwithstanding any other provision of law, not later than October 1, 2011, the Secretary of Agriculture shall develop and implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars for a quota year in a manner that ensures-- (1) a robust and competitive sugar processing industry in the United States; and (2) an adequate supply of sugar at reasonable prices in the United States. (b) Factors.--In determining the tariff-rate quotas necessary to satisfy the requirements of subsection (a), the Secretary shall consider the following: (1) The quantity and quality of sugar that will be subject to human consumption in the United States during the quota year. (2) The quantity and quality of sugar that will be available from domestic processing of sugarcane, sugar beets, and in-process beet sugar. (3) The quantity of sugar that would provide for reasonable carryover stocks. (4) The quantity of sugar that will be available from carryover stocks for human consumption in the United States during the quota year. (5) Consistency with the obligations of the United States under international agreements. (c) Exemption.--Subsection (a) shall not include specialty sugar. (d) Definitions.--In this section, the terms ``quota year'' and ``human consumption'' have the meaning such terms had under section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) (as in effect on the day before the date of the enactment of this Act). SEC. 5. APPLICATION. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.
Stop Unfair Giveaways and Restrictions Act of 2011 or SUGAR Act of 2011 - Eliminates nonrecourse support loans for sugar producers. Lowers sugarcane and sugar beet loans rates each year from 2012-2014 until they are $0 for the 2015 crop. Eliminates: (1) sugar price supports and sugar processor loans as of 2015, and (2) sugar marketing quotas and allotments. Eliminates: (1) Commodity Credit Corporation (CCC) forfeited sugar storage payments, (2) sugar processor storage facility loans, and (3) the feedstock flexibility program for bioenergy producers as of the 2013 sugar beet crop year. Directs the Secretary of Agriculture (USDA) to implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars that ensures a competitive U.S. sugar processing industry and an adequate supply of reasonably priced sugar in the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Children Act of 2014''. SEC. 2. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN. (a) In General.--Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by amending the heading to read as follows: ``Rules for unaccompanied alien children.''; (ii) in subparagraph (A); (I) in the matter preceding clause (i), by striking ``who is a national or habitual resident of a country that is contiguous with the United States''; (II) in clause (i), by inserting ``and'' at the end; (III) in clause (ii), by striking ``; and'' and inserting a period; and (IV) by striking clause (iii); (iii) in subparagraph (B)-- (I) in the matter preceding clause (i), by striking ``(8 U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101 et seq.)--''; (II) in clause (i), by inserting before ``permit such child to withdraw'' the following: ``may''; and (III) in clause (ii), by inserting before ``return such child'' the following: ``shall''; and (iv) in subparagraph (C)-- (I) by amending the heading to read as follows: ``Agreements with foreign countries.''; and (II) in the matter preceding clause (i), by striking ``The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States'' and inserting ``The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate''; and (B) in paragraph (5)(D)-- (i) in the matter preceding clause (i), by striking ``, except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2),'' and inserting ``who does not meet the criteria listed in paragraph (2)(A)''; and (ii) in clause (i), by inserting before the semicolon at the end the following: ``, which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting before the semicolon the following: ``believed not to meet the criteria listed in subsection (a)(2)(A)''; and (ii) in subparagraph (B), by inserting before the period the following: ``and does not meet the criteria listed in subsection (a)(2)(A)''; and (B) in paragraph (3), by striking ``an unaccompanied alien child in custody shall'' and all that follows, and inserting the following: ``an unaccompanied alien child in custody-- ``(A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or ``(B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.''; and (3) in subsection (c)-- (A) in paragraph (3), by inserting at the end the following: ``(D) Information about individuals with whom children are placed.-- ``(i) Information to be provided to homeland security.--Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: ``(I) The name of the individual. ``(II) The social security number of the individual. ``(III) The date of birth of the individual. ``(IV) The location of the individual's residence where the child will be placed. ``(V) The immigration status of the individual, if known. ``(VI) Contact information for the individual. ``(ii) Special rule.--In the case of a child who was apprehended on or after June 15, 2012, and before the date of the enactment of the Protection of Children Act of 2014, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after the date of the enactment of the Protection of Children Act of 2014. ``(iii) Activities of the secretary of homeland security.--Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall-- ``(I) in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and ``(II) upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.).''; and (B) in paragraph (5)-- (i) by inserting after ``to the greatest extent practicable'' the following: ``(at no expense to the Government)''; and (ii) by striking ``have counsel to represent them'' and inserting ``have access to counsel to represent them''. (b) Effective Date.--The amendments made by this section shall apply to any unauthorized alien child apprehended on or after June 15, 2012. SEC. 3. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO REUNITE WITH EITHER PARENT. Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the immigrant's parents'' and inserting ``either of the immigrant's parents''. SEC. 4. JURISDICTION OF ASYLUM APPLICATIONS. Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C).
Protection of Children Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to eliminate the special repatriation requirements for unaccompanied alien children (UAC) who are nationals or residents of a country contiguous to the United States. (Applies the same removal requirements to all UACs who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.) Requires an immigration officer who finds an inadmissible UAC at a land border or port of entry to return the child to his or her country of nationality or of last habitual residence. (Such authority is now only discretionary.) Authorizes the Secretary of State to negotiate agreements between the United States and other countries for the repatriation of children. (Under current law the Secretary is required to negotiate agreements between the United States and countries contiguous to the United States for the repatriation of children.) Requires any unaccompanied child who is not a victim of a severe form of trafficking in persons, and does not have a fear of returning to his or her country of nationality or last habitual residence, but who is: (1) in removal proceedings to have a hearing before an immigration judge within 14 days, (2) in federal custody to be transferred to Department of Health and Human Services (HHS) custody within 30 days, and (3) in HHS or Department of Homeland Security (DHS) custody to have access to legal counsel at no cost to the government. Requires: (1) HHS, before placing a child with an individual, to provide DHS with the individual's name, Social Security number, date of birth, residence location, and immigration status, if known; and (2) DHS to investigate the immigration status of the individual with whom the child is placed, and initiate removal proceedings if that individual is unlawfully present in the United States. Applies such requirements to any unauthorized child apprehended on or after June 15, 2012. Amends the Immigration and Nationality Act with respect to: (1) special immigrant juvenile status, and (2) jurisdiction of asylum applications.
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SECTION 1. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS. (a) Findings.--Congress finds the following: (1) Members of the Armed Forces of the United States defend the freedom and security of our Nation. (2) Members of the Armed Forces of the United States have lost their lives while battling the evils of terrorism around the world. (3) Personnel of the Central Intelligence Agency (CIA) charged with the responsibility of covert observation of terrorists around the world are often put in harm's way during their service to the United States. (4) Personnel of the Central Intelligence Agency have also lost their lives while battling the evils of terrorism around the world. (5) Employees of the Federal Bureau of Investigation (FBI) and other Federal agencies charged with domestic protection of the United States put their lives at risk on a daily basis for the freedom and security of our Nation. (6) United States military personnel, CIA personnel, FBI personnel, and other Federal agents in the service of the United States are patriots of the highest order. (7) CIA officer Johnny Micheal Spann became the first American to give his life for his country in the War on Terrorism launched by President George W. Bush following the terrorist attacks of September 11, 2001. (8) Johnny Micheal Spann left behind a wife and children who are very proud of the heroic actions of their patriot father. (9) Surviving dependents of members of the Armed Forces of the United States who lose their lives as a result of terrorist attacks or military operations abroad receive a $6,000 death benefit, plus a small monthly benefit. (10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement. (b) Designation of Johnny Micheal Spann Patriot Trusts.--Any charitable corporation, fund, foundation, or trust (or separate fund or account thereof) which otherwise meets all applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall be eligible to characterize itself as a ``Johnny Micheal Spann Patriot Trust''. (c) Requirements for the Designation of Johnny Micheal Spann Patriot Trusts.--The requirements described in this subsection are as follows: (1) Not taking into account funds or donations reasonably necessary to establish a trust, at least 85 percent of all funds or donations (including any earnings on the investment of such funds or donations) received or collected by any Johnny Micheal Spann Patriot Trust must be distributed to (or, if placed in a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of 1 or more of the following: (A) members of the Armed Forces of the United States; (B) personnel, including contractors, of elements of the intelligence community, as defined in section 3(4) of the National Security Act of 1947; (C) employees of the Federal Bureau of Investigation; and (D) officers, employees, or contract employees of the United States Government, whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, law enforcement operations, or accidents connected with activities occurring after September 11, 2001, and related to domestic or foreign efforts to curb international terrorism, including the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224). (2) Other than funds or donations reasonably necessary to establish a trust, not more than 15 percent of all funds or donations (or 15 percent of annual earnings on funds invested in a private foundation) may be used for administrative purposes. (3) No part of the net earnings of any Johnny Micheal Spann Patriot Trust may inure to the benefit of any individual based solely on the position of such individual as a shareholder, an officer or employee of such Trust. (4) None of the activities of any Johnny Micheal Spann Patriot Trust shall be conducted in a manner inconsistent with any law with respect to attempting to influence legislation. (5) No Johnny Micheal Spann Patriot Trust may participate in or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, including by publication or distribution of statements. (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intelligence, the Attorney General, or the Secretary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sensitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions totaling more than $1,000,000 must be audited annually by an independent certified public accounting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the conduct, filing, and availability of the audit shall be consistent with the protection of intelligence sources and methods, of sensitive law enforcement information, and of other sensitive national security information. (8) Each Johnny Micheal Spann Patriot Trust shall make distributions to beneficiaries described in paragraph (1) at least once every calendar year, beginning not later than 12 months after the formation of such Trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36 months after the end of the fiscal year in which such funds, donations, and earnings are received. (9)(A) When determining the amount of a distribution to any beneficiary described in paragraph (1), a Johnny Micheal Spann Patriot Trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an individual described in subsection (c)(1). (B) Collateral source compensation includes all compensation from collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the death of an individual described in subsection (c)(1). (d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each Johnny Micheal Spann Patriot Trust shall refrain from conducting the activities described in clauses (i) and (ii) of section 301(20)(A) of the Federal Election Campaign Act of 1971 so that a general solicitation of funds by an individual described in paragraph (1) of section 323(e) of such Act will be permissible if such solicitation meets the requirements of paragraph (4)(A) of such section. (e) Notification of Trust Beneficiaries.--Notwithstanding any other provision of law, and in a manner consistent with the protection of intelligence sources and methods, sensitive law enforcement information, and other sensitive national security information, the Secretary of Defense, the Director of the Federal Bureau of Investigation, or the Director of Central Intelligence, or their designees, as applicable, may forward information received from an executor, administrator, or other legal representative of the estate of a decedent described in subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a Johnny Micheal Spann Patriot Trust on how to contact individuals eligible for a distribution under subsection (c)(1) for the purpose of providing assistance from such Trust; provided that, neither forwarding nor failing to forward any information under this subsection shall create any cause of action against any Federal department, agency, officer, agent, or employee. (f) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence, shall prescribe regulations to carry out this section.
Sets forth requirements a charitable corporation, fund, foundation, or trust must meet to designate itself as a Johnny Micheal Spann Patriot Trust (a charitable trust for the spouses, dependents, and relatives of military and Federal personnel who lose their lives in the battle against terrorism that is named after the first American to die in such service following the September 11th terrorist attacks). Requires at least 85 percent of each Trust corpus to be distributed to such survivors and prohibits more than 15 percent from being used for administrative purposes. Prohibits any such Trust from participating in any political campaign on behalf of a candidate for public office. Requires: (1) audits of each Trust that annually receives contributions of more than $1 million; and (2) Trust distributions to be made at least once a year.Provides for the notification of Trust beneficiaries.
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SECTION 1. SHORT TITLE. This title may be cited as the ``SCORE for Small Business Act of 2018''. SEC. 2. SCORE REAUTHORIZATION. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) SCORE Program.--There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2019 and 2020.''. SEC. 3. SCORE PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended-- (1) in subsection (b)(1)(B)-- (A) by striking ``a Service Corps of Retired Executives (SCORE)'' and inserting ``the SCORE program described in subsection (c)''; and (B) by striking ``SCORE may'' and inserting ``the SCORE program may''; and (2) by striking subsection (c) and inserting the following: ``(c) SCORE Program.-- ``(1) Definition.--In this subsection: ``(A) SCORE association.--The term `SCORE Association' means the Service Corps of Retired Executives Association or any successor or other organization that receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A). ``(B) SCORE program.--The term `SCORE program' means the SCORE program authorized by subsection (b)(1)(B). ``(2) Management and volunteers.-- ``(A) In general.--The Administrator shall provide a grant to the SCORE Association to manage the SCORE program. ``(B) Volunteers.--A volunteer participating in the SCORE program shall-- ``(i) based on the business experience and knowledge of the volunteer-- ``(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and ``(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and ``(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. ``(3) Plans and goals.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web- based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. ``(4) Annual report.--The SCORE Association shall submit to the Administrator an annual report that contains-- ``(A) the number of individuals counseled or trained under the SCORE program; ``(B) the number of hours of counseling provided under the SCORE program; and ``(C) to the extent possible-- ``(i) the number of small business concerns formed with assistance from the SCORE program; ``(ii) the number of small business concerns expanded with assistance from the SCORE program; and ``(iii) the number of jobs created with assistance from the SCORE program. ``(5) Privacy requirements.-- ``(A) In general.--Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless-- ``(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. ``(B) Administrator use of information.--This paragraph shall not-- ``(i) restrict the access of the Administrator to program activity data; or ``(ii) prevent the Administrator from using client information to conduct client surveys. ``(C) Standards.-- ``(i) In general.--The Administrator shall, after the opportunity for notice and comment, establish standards for-- ``(I) disclosures with respect to financial audits under subparagraph (A)(ii); and ``(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. ``(ii) Maximum privacy protection.--The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.''. SEC. 4. ONLINE COMPONENT. (a) In General.--Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by section 3, is further amended by adding at the end the following: ``(6) Online component.--In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.''. (b) Online Component Report.-- (1) In general.--At the end of fiscal year 2019, the SCORE Association shall issue 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 effectiveness of the online counseling and webinars required as part of the SCORE program, including a description of-- (A) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (B) the internal controls that are used and a summary of the topics covered by the webinars; and (C) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars. (2) Definitions.--For purposes of this subsection, the terms ``SCORE Association'' and ``SCORE program'' have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act, as added by section 3 of this Act. SEC. 5. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE PROGRAM. (a) Study.--The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of the enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (b) Report.--Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing-- (1) all findings and determination made in carrying out the study required under subsection (a); (2) the strategic plan developed under subsection (a); (3) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (c) Definitions.--For purposes of this section, the terms ``SCORE Association'' and ``SCORE program'' have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act, as added by section 3 of this Act. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7 (15 U.S.C. 636)-- (A) in subsection (b)(12)-- (i) in the paragraph heading, by inserting ``program'' after ``SCORE''; and (ii) in subparagraph (A), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (B) in subsection (m)(3)(A)(i)(VIII), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (2) in section 22 (15 U.S.C. 649)-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (ii) in paragraph (3), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (B) in subsection (c)(12), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (b) Other Laws.-- (1) Small business reauthorization act of 1997.--Section 707 of the Small Business Reauthorization Act of 1997 (15 U.S.C. 631 note) is amended by striking ``Service Corps of Retired Executives (SCORE) program'' and inserting ``SCORE program (as defined in section 8(c)(1) of the Small Business Act)''. (2) Veterans entrepreneurship and small business development act of 1999.--Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking ``Service Core of Retired Executives'' and inserting ``SCORE program''. (3) Military reservist and veteran small business reauthorization and opportunity act of 2008.--Section 3(5) of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (15 U.S.C. 636 note) is amended by striking ``means the SCORE program''. (4) Children's health insurance program reauthorization act of 2009.--Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended-- (A) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) the term `SCORE program' means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));''; and (B) in subsection (b)(4)(A)(iv), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (5) Energy policy and conservation act.--Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps of Retired Executives (SCORE)'' and inserting ``SCORE program''. Passed the House of Representatives July 10, 2018. Attest: KAREN L. HAAS, Clerk.
SCORE for Small Business Act of 2017 This bill amends the Small Business Act to reauthorize the SCORE program (Service Corps of Retired Executives) for FY2018-FY2019. The program is renamed as simply the SCORE program. The Small Business Administration (SBA) shall award a grant to the SCORE Association (or any successor group) to manage the program. Based on business experience and knowledge, a volunteer participating in the program shall: provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns. The SBA shall ensure that the program and each of its chapters develop and implement plans and goals to provide services more effectively and efficiently to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by participating volunteers. The bill prescribes general privacy requirements for the disclosure of information of businesses assisted under such program. The association shall: make use of online counseling, including by webinars and an electronic mentoring platform; study the future role of the program; and develop a strategic plan for how the program will evolve to meet the needs of small business concerns over the next five years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partner Health Benefits Equity Act''. SEC. 2. EXTENSION OF EXCLUSION FOR AMOUNTS RECEIVED BY AN EMPLOYEE THROUGH ACCIDENT OR HEALTH INSURANCE AS REIMBURSEMENT FOR EXPENSES FOR MEDICAL CARE. (a) In General.--Section 105(b) of the Internal Revenue Code of 1986 (relating to amounts expended for medical care) is amended by adding at the end the following new sentence: ``For the purposes of this subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the employer's accident or health insurance arrangement.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. EXTENSION OF EXCLUSION FOR CONTRIBUTIONS BY EMPLOYER TO ACCIDENT AND HEALTH PLANS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(e) Coverage Provided for Eligible Beneficiaries of Employees.-- Subsection (a) shall not fail to apply by reason of the coverage of an eligible beneficiary as defined in the employer's accident or health plan.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. EXTENSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. For the purposes of this subparagraph, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the insurance arrangement which constitutes medical care.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 5. EXTENSION OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 6. AMENDMENTS TO VARIOUS DEFINITIONS. (a) FICA.-- (1) In general.--Section 3121 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(z) Exclusion of Certain Amounts From Wages.--For purposes of applying subsection (a) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (2) Conforming amendment.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l) For purposes of applying subsection (a) with respect to medical or hospitalization expenses described in paragraph (2) thereof, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (b) Railroad Retirement.-- (1) In general.--Section 3231(e) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new paragraph: ``(13) Treatment of certain dependents.--For purposes of applying this subsection with respect to medical or hospitalization expenses described in paragraph (1)(I), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (2) Conforming amendment.--Section 1(h) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)) is amended by adding at the end the following new paragraph: ``(9) For purposes of applying this subsection, with respect to medical or hospitalization expenses described in paragraph (6)(v), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (c) FUTA.--Section 3306 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(v) Exclusion of Certain Amounts From Wages.--For purposes of applying subsection (b) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2005.
Domestic Partner Health Benefits Equity Act - Amends the Internal Revenue Code, with respect to certain employer-provided health care benefits, to provide for the treatment of domestic partners on an equal basis with spouses and dependents by designating as a dependent any individual who is an eligible beneficiary under an employer's health care benefits plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home School Non-Discrimination Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) The right of parents to direct the education of their children is an established principle and precedent under the United States Constitution. (2) Congress, the President, and the Supreme Court, in exercising their legislative, executive, and judicial functions, respectively, have repeatedly affirmed the rights of parents. (3) Education by parents at home has proven to be an effective means for young people to achieve success on standardized tests and to learn valuable socialization skills. (4) Young people who have been educated at home are proving themselves to be competent citizens in postsecondary education and the workplace. (5) The rise of private home education has contributed positively to the education of young people in the United States. (6) Several laws, written before and during the rise of private home education, are in need of clarification as to their treatment of students who are privately educated at home pursuant to State law. (7) The United States Constitution does not allow Federal control of homeschooling. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) private home education, pursuant to State law, is a positive contribution to the United States; and (2) parents who choose this alternative education should be encouraged within the framework provided by the United States Constitution. SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965. (a) Clarification of Institutional Eligibility.--Section 101(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended by inserting ``meeting the requirements of section 484(d)(3) or'' after ``only persons''. (b) Clarification of Student Eligibility.--Section 484(d) of the Higher Education Act of 1965 (20 U.S.C. 1091(d)) is amended by striking the heading and inserting ``Satisfaction of Secondary Education Standards''. SEC. 5. CLARIFICATION OF ABSENCE OF CONSENT FOR INITIAL EVALUATION UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 614(a)(1)(D)(ii)(I) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(1)(D)(ii)(I)) is amended to read as follows: ``(I) For initial evaluation.--A local educational agency may pursue the initial evaluation of a child by utilizing the procedures described in section 615, except to the extent inconsistent with State law relating to parental consent for an initial evaluation under clause (i)(I), only if the child is enrolled in public school or is seeking to be enrolled in public school.''. SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (relating to qualified elementary and secondary education expenses) is amended by adding at the end the following new subparagraph: ``(C) Special rule for home schools.--For purposes of clauses (i) and (iii) of subparagraph (A), the terms `public, private, or religious school' and `school' shall include any home school which provides elementary or secondary education if such school is treated as a home school or private school under State law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Section 444 of the General Education Provisions Act (20 U.S.C. 1232g; also referred to as the Family Educational Rights and Privacy Act of 1974) is amended-- (1) in subsection (a)(5), by adding at the end the following: ``(C) For students in non-public education (including any student educated at home or in a private school in accordance with State law), directory information may not be released without the written consent of the parents of such student.''; (2) in subsection (a)(6), by striking ``, but does not include a person who has not been in attendance at such agency or institution.'' and inserting ``, including any non-public school student (including any student educated at home or in a private school as provided under State law). This paragraph shall not be construed as requiring an educational agency or institution to maintain education records or personally identifiable information for any non-public school student.''; and (3) in subsection (b)(1), by striking subparagraph (F) and inserting the following: ``(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if-- ``(i) such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; and ``(ii) for students in non-public education, education records or personally identifiable information may not be released without the written consent of the parents of such student.''. SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C. 1070d-36(a)) is amended by inserting ``(or a home school, whether treated as a home school or a private school under State law)'' after ``public or private secondary school''. SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS APPLIED TO STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended by adding at the end the following: ``The Secretary shall extend the hours and periods of permissible employment applicable to employees between the ages of 14 and 16 years of age who are privately educated at a home school (whether the home school is treated as a home school or a private school under State law) beyond such hours and periods applicable to employees between the ages of 14 and 16 years of age who are educated in traditional public schools.''. SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME SCHOOLED STUDENTS IN THE ARMED FORCES. (a) Policy on Recruitment and Enlistment.-- (1) In general.--The Secretary concerned shall prescribe a policy for the recruitment and enlistment of home schooled students in the Armed Force or Armed Forces under the jurisdiction of such Secretary. (2) Uniformity across the armed forces.--The Secretary of Defense shall ensure that the policies prescribed under paragraph (1) apply, to the extent practicable, uniformly across the Armed Forces. (b) Elements.--The policy under subsection (a) shall include the following: (1) An identification of a graduate of home schooling for purposes of recruitment and enlistment in the Armed Forces that is in accordance with the requirements described in subsection (c). (2) Provision for the treatment of graduates of home schooling with Tier I status with no practical limit with regard to enlistment. (3) An exemption of graduates of home schooling from the requirement for a secondary school diploma or its recognized equivalent (GED) as a precondition for enlistment in the Armed Forces. (c) Home School Graduates.--In identifying a graduate of home schooling for purposes of subsection (b), the Secretary concerned shall ensure that the graduate meets each of the following requirements: (1) The home school graduate has taken the Armed Forces Qualification Test and scored 50 or above. (2) The home school graduate has provided the Secretary concerned with-- (A) a signed home school notice of intent form that conforms with the State law of the State where the graduate resided when the graduate was in home school; or (B) a home school certificate or diploma from-- (i) the parent or guardian of the graduate; or (ii) a national curriculum provider. (3) The home school graduate has provided the Secretary concerned with a copy of the graduate's transcript for all secondary school grades completed. The transcript shall-- (A) include the enrollment date, graduation date, and type of curriculum; and (B) reflect successful completion of the last full academic year of schooling from the home school national curriculum provider, parent, or guardian issuing the home school certificate or diploma or home school notice of intent form. (4) The home school curriculum used by the home school graduate involved parental instruction and supervision and closely patterned the normal credit hours per subject as used in a traditional secondary school. (5) The home school graduate has provided the Secretary concerned with a third party verification letter of the graduate's home school status by the Home School Legal Defense Association or a State or county home school association or organization. (d) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' has the meaning given such term in section 101(a)(9) of title 10, United States Code.
Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law. Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Gradient Boundary Survey Act''. SEC. 2. DEFINITIONS. In this Act: (1) Affected area.-- (A) In general.--The term ``affected area'' means land along the approximately 116-mile stretch of the Red River, from its confluence with the north fork of the Red River on the West to the 98th meridian on the east. (B) Exclusions.--The term ``affected area'' does not include the portion of the Red River within the boundary depicted on the survey prepared by the Bureau of Land Management entitled ``Township 5 South, Range 14 West, of the Indian Meridian, Oklahoma, Dependent Resurvey and Survey'' and dated February 28, 2006. (2) Gradient boundary survey method.--The term ``gradient boundary survey method'' means the measurement technique used to locate the South Bank boundary line in accordance with the methodology established in Oklahoma v. Texas, 261 U.S. 340 (1923) (recognizing that the boundary line along the Red River is subject to change due to erosion and accretion). (3) Landowner.--The term ``landowner'' means any individual, group, association, corporation, federally recognized Indian tribe or member of such an Indian tribe, or other private or governmental legal entity that owns an interest in land in the affected area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (5) South bank.--The term ``South Bank'' means the water- washed and relatively permanent elevation or acclivity (commonly known as a ``cut bank'') along the southerly or right side of the Red River that-- (A) separates the bed of that river from the adjacent upland, whether valley or hill; and (B) usually serves, as specified in the fifth paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)-- (i) to confine the waters within the bed; and (ii) to preserve the course of the river. (6) South bank boundary line.--The term ``South Bank boundary line'' means the boundary, with respect to title and ownership, between the States of Oklahoma and Texas identified through the gradient boundary survey method that does not impact or alter the permanent political boundary line between the States along the Red River, as outlined under article II, section B of the Red River Boundary Compact enacted by the States and consented to by Congress pursuant to Public Law 106- 288 (114 Stat. 919). SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE. (a) Survey Required.-- (1) In general.--The Secretary shall commission a survey to identify the South Bank boundary line in the affected area. (2) Requirements.--The survey shall-- (A) adhere to the gradient boundary survey method; (B) span the length of the affected area; (C) be conducted by surveyors that are-- (i) licensed and qualified to conduct official gradient boundary surveys; and (ii) selected jointly by and operating under the direction of-- (I) the Texas General Land Office, in consultation with each affected federally recognized Indian tribe; and (II) the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe; and (D) be completed not later than 2 years after the date of enactment of this Act. (b) Approval.-- (1) State approval.-- (A) In general.--Not later than 60 days after the date on which the survey under subsection (a)(1) is completed, the Secretary shall submit the survey for approval to-- (i) the Texas General Land Office, in consultation with each affected federally recognized Indian tribe; and (ii) the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe. (B) Timing of approval.--Not later than 60 days after the date of receipt of the survey under subparagraph (A), the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe, shall determine whether to approve the survey. (C) Surveys of individual parcels.-- (i) In general.--Surveys of individual parcels in the affected area shall be conducted in accordance with this section. (ii) Approval or disapproval.--A survey of an individual parcel conducted under clause (i) shall be approved or disapproved, on an individual basis, by the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe, by not later than 60 days after the date of receipt of the survey. (2) No federal approval required.--The survey conducted under subsection (a)(1), and any survey of an individual parcel described in paragraph (1)(C), shall not be submitted to the Secretary for approval. (c) Notices.-- (1) Secretary.--Not later than 60 days after the date on which a survey for an individual parcel is approved by the Texas General Land Office and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma, under subsection (b)(1)(C), the heads of those offices shall submit to the Secretary-- (A) a notice of the approval of the survey; and (B) a copy of-- (i) the survey; and (ii) any field notes relating to the individual parcel. (2) Adjacent landowners.--Not later than 30 days after the date on which the Secretary receives a notice relating to an individual parcel under paragraph (1), the Secretary shall provide to each landowner of land adjacent to the individual parcel-- (A) a notice of the approval of the survey; and (B) a copy of-- (i) the survey; and (ii) any field notes relating to the individual parcel. SEC. 4. EFFECT OF ACT. Nothing in this Act-- (1) modifies any interest of the State of Oklahoma or Texas, or the sovereignty, property, or trust rights of any federally recognized Indian tribe, relating to land located north of the South Bank boundary line, as established by the survey; (2) modifies any land patented under the Act of December 22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly known as the ``Color of Title Act''), before the date of enactment of this Act; (3) modifies or supersedes the Red River Boundary Compact enacted by the States of Oklahoma and Texas and consented to by Congress pursuant to Public Law 106-288 (114 Stat. 919); (4) creates or reinstates any Indian reservation or any portion of such a reservation; or (5) alters any valid right of the State of Oklahoma or the Kiowa, Comanche, or Apache Indian tribes to the mineral interest trust fund established under the Act of June 12, 1926 (44 Stat. 740, chapter 572). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $1,000,000.
Red River Gradient Boundary Survey Act This bill directs the Bureau of Land Management (BLM) to commission a survey to identify the South Bank boundary line with respect to land along a specified 116-mile stretch of the Red River in Oklahoma and Texas (the affected area). The survey shall: adhere to the gradient boundary survey method; span the length of the affected area; be conducted by surveyors who are licensed and qualified to conduct official gradient boundary surveys, and selected by and operating under the direction of the Texas General Land Office and the Oklahoma Commissioners of the Land Office (the offices); and be completed within two years of enactment of this bill. The BLM shall submit the survey to the offices for approval and, within 60 days of receiving it, they shall determine whether to approve it. Surveys of individual parcels in the affected area shall be conducted according to the requirements for the survey of the South Bank boundary line. A survey of such a parcel shall be approved or disapproved by the offices within 60 days of receipt. The survey for identifying the South Bank boundary line and any survey of an individual parcel shall not be submitted to the BLM for approval. After a survey for an individual parcel has been approved, the offices shall submit to the BLM: a notice of the approval of such survey, and a copy of such survey and any field notes related to the parcel.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2015''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: ``(a) The Office of Community Oriented Policing Services.-- ``(1) Office.--There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the `COPS Office'). ``(2) Director.--The COPS Office shall be headed by a Director who shall-- ``(A) be appointed by the Attorney General; and ``(B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. ``(b) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), (e), and (f).''; (4) in subsection (c), as so redesignated-- (A) in the heading, by striking ``uses of grant amounts.--'' and inserting ``Community Policing and Crime Prevention Grants.--''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) in paragraph (4), by inserting ``or train'' after ``pay for''; (D) by striking paragraph (13); (E) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (F) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, active shooter incidents, and other problems in and around elementary and secondary schools;''; (G) in paragraph (16), by striking ``and'' at the end; (H) by redesignating paragraph (17) as paragraph (19); (I) by inserting after paragraph (16), the following: ``(17) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of opioids, synthetic cannabinoids, and methamphetamine; ``(18) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, including improved communication, consultation, and collaboration between police and communities, de-escalation of pre-arrest conflicts and critical incidents, development and adoption of less lethal and non-lethal means of apprehension which do not compromise officer safety, challenges of managing incidents involving mentally ill offenders, and relationships with tribal communities, and improvements in rural policing as warranted; and''; and (J) in paragraph (19), as so redesignated, by striking ``through (16)'' and inserting ``through (18)''; (5) by striking subsections (h) and (i); (6) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; (7) by redesignating subsections (d) through (g) as subsections (g) through (j), respectively; (8) by inserting after subsection (c), as so redesignated, the following: ``(d) Troops-to-Cops Programs.-- ``(1) In general.--The Attorney General shall maintain a program to encourage the use of grants made under subsection (b) to hire and train former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing, realignment, or significant force structure reduction. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. ``(e) Community Prosecutors Program.--The Attorney General may make grants under subsection (b) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(f) Technology Grants.--The Attorney General may make grants under subsection (b) to develop and use new technologies (including interoperable communications technologies, technologies for responding to active shooter incidents, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (9) in subsection (g), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; and (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; (10) in subsection (i), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (c)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraphs (1) and (2) of subsection (c)''; (11) in subsection (j), as so redesignated-- (A) by striking ``subsection (a)'' and inserting ``subsection (b)''; and (B) by striking the second sentence; (12) in subsection (k), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``subsection (i) and''; and (ii) by striking ``subsection (b)'' and inserting ``subsection (c)''; and (B) in paragraph (4), by striking ``2015'' and inserting ``2020''; and (13) by adding at the end the following: ``(m) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (c) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.''. (b) Applications.--Section 1702 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; (B) by striking paragraph (8); and (C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) No Cost Extensions.--Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a), by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (2) by striking subsection (c). (e) Enforcement Actions.--Section 1706 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (f) Definitions.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended-- (1) by striking ``who is authorized'' and inserting ``who is a sworn law enforcement officer and is authorized''; and (2) by inserting ``, including officers for the Amtrak Police Department'' before the period at the end. (g) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``$1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``$900,000,000 for each of fiscal years 2015 through 2020''; and (2) in subparagraph (B)-- (A) in the first sentence-- (i) by striking ``3 percent'' and inserting ``5 percent''; and (ii) by striking ``section 1701(d)'' and inserting ``section 1701(g)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $500,000,000 shall be used for grants for the purposes specified in section 1701(c), not more than $150,000,000 shall be used for grants under section 1701(e), and not more than $250,000,000 shall be used for grants under section 1701(f).''. (h) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (i) COPS Program Improvements.-- (1) In general.--Section 109(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''. (j) Relationship to Tribal Law and Order Act.--Nothing in this Act, or any amendment made by this Act, shall be construed to affect or impair section 247 of the Tribal Law and Order Act of 2010 (42 U.S.C. 3796dd note).
COPS Improvements Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to codify the establishment of the Office of Community Oriented Policing Services within the Department of Justice (DOJ). It revises and reauthorizes through FY2020 the Community Oriented and Policing Services program. The bill expands the purpose areas of the existing program with respect to community policing and crime prevention grants. Additionally, it establishes three new programs. The bill: (1) directs DOJ to administer a troops-to-cops program to encourage the use of grants to hire and train former members of the Armed Forces as career law enforcement officers, (2) authorizes DOJ to award grants to pay for additional community prosecuting programs, and (3) authorizes DOJ to award grants to develop and use new crime-prevention technologies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since early in our Nation's history, it has been the policy of the United States to maintain a strong United States maritime industry that-- (A) includes an operating fleet of modern United States-flag vessels that is sufficient to carry the domestic waterborne commerce of the United States and a substantial portion of the waterborne export and import foreign commerce of the United States, and to provide shipping service essential for maintaining the flow of such domestic and foreign waterborne commerce at all times; (B) includes a fleet of vessels under United States registry that is adequate to serve as a naval auxiliary in time of war or national emergency; (C) has a labor force composed of highly trained and efficient United States citizens; and (D) includes a United States shipbuilding industry with the most modern and efficient facilities. (2) The United States maritime industry has declined to the point that this longstanding national policy is imperiled. (3) There is a growing sentiment in favor of reforming the maritime laws and governmental practices in order to revitalize the industry. (4) Without such reform, it is foreseeable that the remaining United States-flag carriers will shift their operations to foreign-flag vessels and the Nation's shipbuilding industry and other sectors of the maritime industry will continue to decline. (5) A focused review of the United States maritime industry and impediments to its success should be undertaken in order to lay a solid foundation for reform. SEC. 3. AMENDMENT TO MERCHANT MARINE ACT, 1936. The Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), is amended by adding at the end the following new title: ``TITLE XIV--NATIONAL COMMISSION ON MARITIME INDUSTRY COMPETITIVENESS ``SEC. 1401. ESTABLISHMENT. ``There is established a commission to be known as the `National -C-o-m-m-i-t-t-e-e Commission to Ensure a Strong and Competitive United States Maritime Industry' (hereinafter referred to as the `Commission'). ``SEC. 1402. FUNCTIONS. ``(a) Investigation and Study.--The Commission shall make a complete investigation and study of the condition of the United States maritime industry, and impediments to a strong and competitive United States maritime industry. ``(b) Policy Recommendations.--Based on the results of the investigation and study to be conducted under subsection (a), the Commission shall recommend to the President and Congress those policies which should be adopted to-- ``(1) achieve the national goal of a strong and competitive United States maritime industry which will help to provide for the national defense and economic security; ``(2) revitalize the fleet of United States-flag vessels and maintain that fleet at a level sufficient to contribute to the national defense and the economic security of the Nation; ``(3) foster a viable United States shipbuilding industry to provide an industrial base for meeting present and future military and civilian shipbuilding needs; and ``(4) reduce the loss of seafaring and shipbuilding jobs for United States citizens so as to ensure the existence of a reliable maritime labor force. ``SEC. 1403. SPECIFIC MATTERS TO BE ADDRESSED. ``The Commission shall specifically investigate and study under section 1402(a) the following: ``(1) Current condition of united states maritime industry.--The current condition of the United States maritime industry, including how the condition of the industry is likely to change over the next ten years. ``(2) National defense.--The adequacy of the United States maritime industry to ensure the national defense. ``(3) Maritime labor.--Whether there is an adequate number of skilled mariners and shipyard workers, the level of training of United States mariners at training facilities in the United States, and the effect of wage rates on the global competitiveness of the United States maritime industry. ``(4) Impediments to a strong and competitive maritime industry.--Whether the Federal Government should take any legislative or administrative actions to improve the condition of the United States maritime industry, including whether any changes are needed in the legal and administrative policies which govern-- ``(A) support for United States-flag vessel operations; ``(B) the taxes and user fees imposed on United States maritime enterprises; ``(C) the regulatory requirements imposed on United States-flag vessels and their operators, including environmental, vessel construction, and safety standards; and ``(D) incentives to encourage investment in United States-flag vessel operations and United States shipbuilding. -`-`-(-4-) ``(5) International maritime policy.--Whether the policies and strategies followed by the United States in international maritime policy are promoting the ability of the United States maritime industry to achieve long-term competitive success in international markets, including-- ``(A) the Government's general negotiating policy; ``(B) the desirability of multilateral rather than bilateral negotiations; ``(C) the rights granted foreign investors to invest in United States-flag shipping and United States shipbuilding; and ``(D) the effect of subsidies and other financial assistance by foreign governments to their vessel operators and shipbuilders. ``SEC. 1404. MEMBERSHIP; ADMINISTRATIVE MATTERS. ``(a) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: ``(1) 5 voting members and 1 nonvoting member appointed by the President. ``(2) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. ``(3) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate. ``(4) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. ``(5) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. ``(b) Qualifications.--Voting members appointed pursuant to subsection (a) shall be appointed from among individuals who are experts in commercial shipping, international trade, and related disciplines and who can represent United States-flag vessel operators (including domestic passenger vessel operators), seafaring and shipbuilding labor, shipbuilders, shippers, and the financial community with expertise in maritime matters. ``(c) Terms of Office.--Members shall be appointed for the life of the Commission. ``(d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(e) Travel Expenses.--Members shall serve without pay but 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. ``(f) Chairman.--The President, in consultation with the majority leader of the Senate and the Speaker of the House of Representatives, shall designate the Chairman of the Commission from among its voting members. ``(g) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. ``(h) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. ``(i) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this title. ``(j) Administrative Support Services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this title. ``(k) Staff and Other Support.--Upon the request of the Commission or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with staff and other support to assist the Commission or panel in carrying out its responsibilities. ``(l) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this title. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. ``SEC. 1405. REPORT. ``Not later than sixty days after the date on which the initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under section 1402(b). ``SEC. 1406. TERMINATION. ``The Commission shall terminate on the 30th day after the date of transmittal of the report under section 1405. All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives.''.
Maritime Competitiveness Act of 1993 - Amends the Merchant Marine Act, 1936 to establish the National Commission to Ensure a Strong and Competitive United States Maritime Industry. Terminates the Commission after transmittal of its report.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the ongoing operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the insourcing expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for insourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45S of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules.-- (A) Possessions of the united states.--For purposes of this section, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX 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. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45S(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Section 952(c) of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.
Bring Jobs Home Act Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and  relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Facility Fire Safety Act of 2007''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On February 26, 2003, a fire at a Hartford, Connecticut, nursing facility without an automatic fire sprinkler system claimed the lives of 16 patients, and on September 27, 2003, a fire at a Nashville, Tennessee, nursing home without an automatic fire sprinkler system claimed the lives of 15 patients. (2) The National Fire Protection Association finds no record of a multiple death fire in a nursing facility equipped with an automatic fire sprinkler system. (3) An estimated 1.5 million Americans reside in approximately 16,300 nursing facilities nationwide, an estimated 20 to 30 percent of which lack an automatic fire sprinkler system. (4) Many nursing facilities lack the financial capital to install sprinklers on their own and must consider closure as an alternative to taking on large loans or other financing options in order to install sprinklers. (5) In a July 2004 report, the GAO found that ``the substantial loss of life in the Hartford and Nashville fires could have been reduced or eliminated by the presence of properly functioning automatic sprinkler systems'' and that ``Federal oversight of nursing home compliance with fire safety standards is inadequate''. (6) Recognizing that automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire, the National Fire Protection Association, with the support of the American Health Care Association, the fire safety community, and the nursing facility profession, recently adopted requirements for automatic sprinklers in all existing nursing facilities. (b) Sense of Congress.--It is the sense of Congress that-- (1) within five years, every nursing facility in America should be equipped with automatic fire sprinklers in order to ensure patient, resident, and staff safety; and (2) the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Administrator of the Centers for Medicare & Medicaid Services should-- (A) adopt a requirement that all nursing facilities be fully sprinklered with the support of the nursing facility industry; and (B) ensure that skilled nursing facilities participating in the Medicare program comply with fire safety standards, such as those developed by the National Fire Protection Association in the 2006 Life Safety Code. SEC. 3. DIRECT LOANS FOR FIRE SPRINKLERS RETROFITS. (a) Authority.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program of direct loans to existing nursing facilities to finance the retrofit of the facilities with an automatic fire sprinkler system. Such loans shall be made under terms and conditions specified by the Secretary. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2008, $100,000,000 for fiscal year 2009, $75,000,000 for fiscal year 2010, $50,000,000 for fiscal year 2011, and $25,000,000 for fiscal year 2012. SEC. 4. SPRINKLER RETROFIT ASSISTANCE GRANTS. (a) Authority.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program to award grants to nursing facilities for the purposes of retrofitting them with an automatic fire sprinkler system. Such grants shall be awarded under terms and conditions specified by the Secretary. (b) Priority.--In awarding grants under this section, the Secretary shall give a priority to applications that demonstrate a need or hardship. In determining hardship, the Secretary may take into account factors such as the number of Medicare and Medicaid patients, the age and condition of the facility, and the need for nursing facility beds in the community involved. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each fiscal years 2008 through 2012. SEC. 5. CONSULTATION AND EVALUATION OF ALTERNATIVES. (a) Consultation.--The Secretary of Health and Human Services shall consult with the Secretary of Housing and Urban Development to determine if there are loan programs or other funds available for retrofitting nursing facilities with an automatic fire sprinkler system in addition to the loans and grants authorized in this Act. (b) Evaluation of Alternative Remedial Actions.--The Secretary may evaluate, in unique circumstances, where a nursing facility may not have an adequate structure to retrofit the entire facility with an automatic fire sprinkler system within a reasonable timeframe. In such an instance, the Secretary shall work with representatives of the facility to identify other remedial actions that may include retrofitting a majority of the facility with such a system, construction timeframes for a new or remodeled facility, or other actions.
Nursing Facility Fire Safety Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to establish programs of direct loans and grants for retrofitting nursing facilities with automatic fire sprinkler systems. Gives priority to grant applications that demonstrate a need or hardship. Requires the Secretary to consult with the Secretary of Housing and Urban Development to determine if there are loan programs or other funds available for such retrofitting. Authorizes the Secretary to evaluate where a nursing facility may not have an adequate structure to retrofit the entire facility within a reasonable timeframe and work with the facility to identify other remedial actions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Abduction Prevention Act of 2004''. SEC. 2. FINDINGS. Congress findings that-- (1) each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent; (2) more than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence; (3) the most common motive for family abduction is revenge against the other parent, not protecting the child's safety; (4) children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors; (5) children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them; (6) children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them; (7) children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender; (8) children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care; (9) child psychologists and law enforcement authorities now classify family abduction as a form of child abuse; (10) approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child; (11) the first few hours of a family abduction are crucial to recovering an abducted child, and valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children; (12) when parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced; and (13) where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children. SEC. 3. DEFINITIONS. In this Act: (1) Family abduction.--The term ``family abduction'' means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) Flagging.--The term ``flagging'' means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe. SEC. 4. GRANTS TO STATES. (a) Matching Grants.--The Attorney General shall make grants to States for projects involving-- (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching Requirement.--Not less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2004 and such sums as may be necessary for each of fiscal years 2005 and 2006.
Family Abduction Prevention Act of 2004 - Directs the Attorney General to make grants to States for projects involving: (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) investigation by law enforcement agencies of family abduction cases; (3) training for law enforcement agencies in responding to family abductions and recovering abducted children; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) notifying law enforcement authorities of the name and address of anyone requesting the school records of an abducted child. Requires that not less than 50 percent of the cost of a project for which a grant is made be provided by non-Federal sources.
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SECTION 1. FINDINGS. Congress finds as follows: (1) Congress supports the goals of Indian self- determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. (8) The Port of Tacoma's expansion requires the closure of the primary access road for one of the Puyallup tribe's gaming operations. Without this access road, the Puyallup tribe's gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. (9) The Puyallup tribe, as a result of the Port of Tacoma's road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition. SEC. 2. TRUST LAND ACQUISITION. The Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT ``A'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT ``B'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/ 96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/ 90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80.6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma.
Directs the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Tax Credit Act of 2003''. SEC. 2. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. (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: ``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in a rural area during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of-- ``(1) 10 percent of the purchase price of the residence, or ``(2) $5,000. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.-- ``(A) In general.--The amount allowed as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $30,000 ($60,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Limitation based on amount of tax.--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 and section 23) and section 27 for the taxable year. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if the residence is a qualified residence with respect to both the husband and wife, and the amount specified under subsection (a)(2) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (a)(2) shall be applied by substituting `$2,500' for `$5,000'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a qualified 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 $5,000. ``(c) Definitions.--For purposes of this section-- ``(1) Rural area.--The term `rural area' has the meaning given such term by section 520 of the Housing Act of 1949. ``(2) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 72(t)(8)(D)(i). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(4) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Recapture of Credit in Case of Certain Sales.-- ``(1) In general.--Except as provided in paragraph (5), if the taxpayer-- ``(A) fails to use a qualified residence as the principal residence of the taxpayer, or ``(B) disposes of a qualified residence, with respect to the purchase of which a credit was allowed under subsection (a) at any time within 5 years after the date the taxpayer acquired the property, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the applicable recapture percentage of the amount of the credit allowed to the taxpayer under this section, plus ``(B) interest at the overpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the sale occurs in: percentage is: Year 1............................... 100 Year 2............................... 80 Year 3............................... 60 Year 4............................... 40 Year 5............................... 20 Years 6 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the purchase of the qualified residence described in subsection (a) occurs. ``(4) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(5) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a qualified residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 5-year period to which reference is made under paragraph (1), ``(B) a disposition of the old qualified residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the qualified residence is sold or the other spouse retains such residence. ``(g) 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) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (2) Section 24(b)(3)(B), as added by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``23 and 25B'' and inserting ``23, 25B, and 25C''. (3) Section 25(e)(1)(C) is amended by striking ``23 and 1400C'' and by inserting ``23, 25C, and 1400C''. (4) Section 25(e)(1)(C), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``25C,'' after ``25B,''. (5) Section 25B, as added by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``section 23'' and inserting ``sections 23 and 25C''. (6) Section 26(a)(1), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (7) Section 1400C(d) is amended by inserting ``and section 25C'' after ``this section''. (8) Section 1400C(d), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (9) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting before the item relating to section 26 the following: ``Sec. 25C. Purchase of principal residences by first-time rural homebuyers.''. (c) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b)(9) shall apply to purchases after the date of the enactment of this Act, in taxable years ending after such date. (2) Temporary conforming amendments.--The amendments made by paragraphs (1), (3), and (7) of subsection (b) shall apply to taxable years ending before January 1, 2004. (3) Permanent conforming amendments.--The amendments made by paragraphs (2), (4), (5), (6), (7), and (8) of subsection (b) shall apply to taxable years beginning after December 31, 2003. 8
Rural Housing Tax Credit Act of 2003 - Amends the Internal Revenue Code to allow a credit (the lesser of ten percent of the purchase price or $5,000) for the purchase of a principal residence by a first-time rural homebuyer. Establishes credit limitations based upon: (1) adjusted gross income; and (2) tax.Provides for credit recapture in the event of: (1) certain sales; or (2) failure to use as a principal residence.
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SECTION 1. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. TRANSFER OF BUREAU OF LAND MANAGEMENT LAND. (a) Required Offer.-- (1) In general.--Subject to valid existing rights and except as otherwise provided in this Act, the Secretary shall offer to transfer all right, title, and interest of the United States in and to all land and interests in land administered by the Bureau of Land Management to the State in which the land and interests are located. (2) Land and interests included.--The land and interests in land referred to in paragraph (1) include-- (A) the fee simple interest, if the United States owns both the surface and mineral rights; (B) the mineral rights, if the surface estate is owned by a non-Federal person, including a State or political subdivision of a State; and (C) water rights related to the land or interest in land. (3) Exclusion of mineral interests underlying indian reservations.--Paragraph (1) does not apply with respect to the mineral interests underlying a surface estate held by the United States in trust for an Indian tribe. (b) Offer Within 2 Years.--The offer required by subsection (a) to be made to a State shall be made to the Governor of the State not later than 2 years after the date of enactment of this Act. (c) Acceptance of Offer.-- (1) All or nothing.--A State may accept an offer under subsection (a) in its entirety but may not accept the offer in part. (B) reject the offer in its entirety. (2) Acceptance by the governor.--Acceptance by a State of an offer under subsection (a) may be made only by the Governor of the State, in writing, to the Secretary. (d) Effective Date of Transfer.--Any transfer of land under this Act shall be effective with respect to a State on the date that is 10 years after the date on which the offer to the State is accepted. (e) Surveys.--The Secretary is not required to conduct a survey of any land prior to transferring the land under this Act. (f) Retention of Ownership by the State.-- (1) Restrictive covenant.-- (A) In general.--An instrument by which land or an interest in land is transferred under this Act shall contain a restrictive covenant stating that the State shall not convey any ownership interest in the land or interest in land to any person (including a political subdivision of the State) unless the Governor of the State submits to the Secretary, at least 90 days before the date of conveyance, a certification that-- (i) the land or interest in land will be conveyed in connection with a transaction or series of transactions in which there will be conveyed to the State land or an interest in land that is of at least equal value to the State; and (ii) the ownership of that land or interest in land by the State will be subject to the same restrictive covenant. (B) Breach.--Not later than 90 days after the date on which the Secretary receives a certification under paragraph (1), the Attorney General, at the request of the Secretary, may bring an action in the United States district court for the district in which the land is located to enjoin a conveyance in breach of the restrictive covenant. SEC. 3. LEASES, PERMITS, AND UNPATENTED MINING CLAIMS. (a) Valid Leases and Permits.--A State to which land is transferred under this Act shall honor valid existing leases and permits on the land for the term of the lease or permit and shall manage the leases and permits in accordance with the other terms and conditions of the leases and permits. (b) Mining Claims.-- (1) In general.--Except for mining claims for which the holder is entitled to a patent as provided in paragraph (2), after the date on which land subject to a mining claim is transferred to a State under this Act, the validity and continued existence of the mining claim shall be determined under the law of the State to which the land was transferred and shall be administered in accordance with the law of that State. (2) Issuance of patent.--The holder of a mining claim is entitled to the issuance of a patent in the case of a mining claim on land transferred to a State under this Act in the same manner and degree to which the holder would have been entitled to prior to the date of the transfer if, as of the date of the transfer-- (A) a patent application was filed with the Secretary; and (B) the holder fully complied with-- (i) all requirements under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims; (ii) all requirements under sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 37) for placer claims; and (C) all requirements applicable to the patent application for mill site claims. (c) Rights-of-Way.--A State to which land is transferred under this Act shall respect a right-of-way granted by the United States on the land in accordance with the terms and conditions of the right-of-way. SEC. 4. MANAGEMENT OF LAND TRANSFERRED UNDER THIS ACT. (a) Wilderness.--Land transferred under this Act that has been designated by an Act of Congress as wilderness shall be managed by the State as wilderness in accordance with the requirements of the Wilderness Act (16 U.S.C. 1131 et seq.), the law that designated the land as wilderness, and any other Federal law that specifically provides for the management of the land, except that the State shall be substituted for the Secretary as the person with authority and responsibility to manage the land. (b) Military Uses.-- (1) Continued use.--Land transferred under this Act that on the date of transfer is subject to use for military purposes shall continue to be subject to the same military uses. (2) Land subject to withdrawal.-- (A) In general.--In the case of land transferred to a State under this Act that is subject to a withdrawal from public use for military purposes, the State shall respect the withdrawal and military use for the term of the withdrawal and may not impose any fee or other charge on the United States with respect to the military purpose. (B) Negotiation at end of term of withdrawal.--At the end of the term of withdrawal, the Secretary of the military department concerned, or the Secretary of Defense, may negotiate with the Governor of the State for the continued use of the land. (C) Decontamination.--Land for which there is not a continued military use shall be decontaminated by the appropriate Secretary in accordance with the Act of Congress that withdrew the land for military purposes or the withdrawal order, if any. (c) Records.-- (1) Holding by the secretary.--The Secretary shall continue to hold all land records of the Secretary with respect to the land transferred to a State under this Act. (2) Copies to the state.--The Secretary shall provide to the State full copies of all applicable land records relating to land transferred under this Act. (3) Availability to the public.--The Secretary shall make such records available for public use as the Secretary determines to be appropriate for public disclosure. (d) Indian Land.--The mineral interests described in section 2(a)(3) shall be transferred from the administrative jurisdiction of the Bureau of Land Management and shall be held in trust for the Indian tribe for which the overlying surface estate is held in trust. (e) Continued Public Access.--A State to which land or an interest in land is transferred under this Act shall ensure that the public continues to have access to the land for the purposes of hunting, fishing, and other appropriate recreational activities, in accordance with applicable Federal and State laws and the principles of multiple use, to substantially the same extent as on the date of transfer. SEC. 5. WATER RIGHTS. (a) In General.--The Secretary shall transfer to a State to which land is transferred under this Act all water rights of the United States associated with the land. (b) Certain Rights Not Affected.--A transfer of water rights under subsection (a) shall not be construed as-- (1) affecting, impairing, diminishing, subordinating, or enlarging-- (A) the rights of the United States or any State to water under any international treaty, interstate compact, or existing judicial decree; (B) any obligation of the United States to Indians or Indian tribes or any claim or right owned or held by or for Indians or Indian tribes, including with respect to any Indian water compact; (C) any right to any quantity of water reserved or used for governmental purposes or programs of the United States at any time prior to the date of enactment of this Act; or (D) any license or permit issued before the date of enactment of this Act; or (2) as a recognition, disclaimer, relinquishment, or reduction of any water right of the United States reserved or appropriated before the date of enactment of this Act. SEC. 6. REDUCTION IN BUDGET AUTHORITY FOR THE BUREAU OF LAND MANAGEMENT. (a) Cap on Obligations and Expenditures.--Beginning with the fiscal year in which this Act is enacted, not more than $800,000,000 may be obligated or expended in any fiscal year by the Bureau of Land Management in carrying out its duties, functions, and responsibilities under any provision of law. (b) Priority for Use of Fiscal Resources.--The Secretary shall give priority to expending amounts available to the Bureau of Land Management to land management activities and to carrying out this Act.
Requires the Secretary of the Interior to offer to transfer all right, title, and interest of the United States (including fee simple interest and mineral and water rights) in lands administered by the Bureau of Land Management (BLM) to the State in which such land and interests are located. (Excludes mineral interests underlying a surface estate held in trust by the United States for an Indian tribe which interests shall be transferred from the BLM administrative jurisdiction to be held in trust for the Indian tribe for which the overlying surface estate is held in trust.) Permits a State to accept an offer only in its entirety. Makes such a land transfer effective ten years after a State accepts the offer. Restricts conveyance of such lands by a State. (Sec. 3) Requires a State to honor valid existing leases and permits on such lands and to manage the land in accordance with other terms and conditions of such leases and permits. Provides that, except for mining claims for which the holder is entitled to a patent as provided by this Act and under specified conditions, after the date on which land subject to a mining claim is transferred to a State, the validity and continued existence of such claim shall be determined under the law of the State to which the land was transferred and shall be administered in accordance with such State law. Requires a State to which land is transferred to respect a right- of-way granted by the United States on the land in accordance with the terms and conditions of the right-of-way. (Sec. 4) Requires transferred land: (1) that has been designated by an Act of Congress as wilderness to be managed by the State as wilderness in accordance with the requirements of Federal laws that specifically provide for its management; (2) that is, on the date of transfer, subject to use for military purposes to continue to be subject to the same military uses; and (3) to continue to provide for the public access provided on the date of transfer. Sets forth provisions relating to the transfer of water rights on the transferred land. Limits BLM obligations and expenditures to $800 million beginning with the fiscal year in which this Act is enacted. Requires the Secretary to give priority to expending amounts available to the BLM for land management activities and carrying out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Competition and Lower Fares Act''. SEC. 2. WITHDRAWAL OF SLOTS. (a) Written Determination.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a separate written determination with respect to each of LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) as to whether the demand among air carriers for slots at the airport can be met with the slots at the airport that are available to the Secretary. (b) Initial Withdrawal of Slots.--If the Secretary determines under subsection (a) that the demand among air carriers for slots at an airport cannot be met with the slots at the airport that are available to the Secretary, the Secretary shall withdraw slots at that airport from dominant carriers for redistribution pursuant to this Act. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (c) Subsequent Withdrawals.-- (1) Written determination.--Not later than 2 years after the date of the auction under section 3(a), and every 2 years thereafter, the Secretary shall issue a written determination as to whether the redistribution of additional slots under this Act would significantly increase competition between air carriers. (2) Requirement to withdraw slots.--If the Secretary determines under paragraph (1) that the redistribution of additional slots would significantly increase competition, the Secretary shall withdraw slots, in accordance with this section, in a manner which will ensure such an increase. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (d) Limitation on Slot Withdrawals.-- (1) Initial auction.--The Secretary may not withdraw for redistribution under this Act more than 10 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(a). (2) Subsequent auctions.--The Secretary may not withdraw for redistribution under this Act more than 5 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(b). (3) Calculation of percentage.--In calculating under this subsection the total number of slots held at an airport by a dominant carrier, the Secretary shall not take into account slots used by the carrier for direct flights to low-competition airports. (e) Prohibition on Certain Slot Withdrawals.--The Secretary may not withdraw for redistribution under this Act a slot of a dominant carrier if the Secretary determines that the slot has been used by the carrier for direct flights to a low-competition airport throughout at least 24 of the preceding 30 months. (f) Withdrawal of International Slots.--The Secretary shall not withdraw any slots used for international flights. SEC. 3. AUCTIONS. (a) In General.--After a withdrawal of slots pursuant to section 2, the Secretary shall auction such slots to new entrants and limited incumbents and shall award each slot, pursuant to this section, to the highest bidder for that slot. (b) Limitation on Use of Slots.--The Secretary, in a manner which to the extent practicable represents the times and characteristics of all slots available for auction pursuant to this subsection, shall ensure that-- (1) 40 percent of the slots redistributed under this Act at each of LaGuardia Airport, O'Hare International Airport, and Metropolitan Washington Airport; and (2) 10 percent of the slots redistributed under this Act at John F. Kennedy International Airport, are distributed for use for flights to low-competition airports. (c) Eligible Bidders.--A person may bid for or hold a slot offered at an auction conducted under this section only if that person-- (1) is a new entrant or limited incumbent; (2) is a citizen of the United States, or in the case of a partnership or corporation, organized under the laws of the United States or a State; (3) has appropriate safety certification from the Federal Aviation Administration; (4) has appropriate economic certification from the Department of Transportation; (5) with respect to slots at a particular airport, has not declined any slot at the airport for which the new entrant or limited incumbent was eligible before January 1, 1986; (6) is not substantially owned or otherwise controlled, as determined by the Secretary, by an ineligible person; and (7) is qualified, as determined by the Secretary, to use a purchased slot. (d) Limitation on Transfer of Slots.--A slot obtained by a new entrant or limited incumbent at an auction conducted under this section may only be sold, leased, traded, or transferred to a new entrant or limited incumbent that meets the requirements of subsection (c). (e) Changes in Ownership.--If there is a change in the ownership of a new entrant or limited incumbent that obtains a slot at an auction conducted under this section, the slot shall revert to the Secretary, except that the Secretary may allow the new entrant or limited incumbent to retain the slot if the Secretary determines that such action is in the best interest of promoting competition. (f) Limitation on Statutory Construction.--Nothing in this section or section 2, including the use of competitive bidding, may be construed-- (1) to alter slots allocation criteria and procedures established by section 41714 of title 49, United States Code, or any other provision of law; (2) to diminish the authority of the Secretary under any other provision of law to regulate or reclaim slots; or (3) to convey any rights, including any expectation of renewal of a slot assignment, that differ from the rights that apply to other slots at the same airport that were not issued pursuant to this section. (g) Revenues.--The Secretary may use funds received from auctions held pursuant to this section to provide reimbursement to dominant carriers from which slots have been withdrawn under this Act for investments made by the carrier in the withdrawn slots and in airport improvements at the airport where the carrier held the withdrawn slots. Any funds remaining after providing such reimbursements shall be credited to the general fund of the Treasury as miscellaneous receipts. SEC. 4. SLOTS NOT ASSETS. (a) In General.--A slot obtained under this Act or any other provision of law shall not be considered an asset for any purpose, including for collateral, for any agreement which would require forfeiture of the slot, or in any bankruptcy proceeding. (b) Applicability.--This section shall not apply to any agreement or any renewal provision of any agreement in effect on the date of the enactment of this Act. SEC. 5. UNFAIR COMPETITION. (a) Determinations Regarding Actions Filed.-- (1) Actions filed on or before december 31, 1997.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997. (2) Actions filed after december 31, 1997, and before the date of the enactment of this act.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary after December 31, 1997, but before the date of the enactment of this Act. (3) Actions filed on or after the date of the enactment of this act.--The Secretary shall make an initial finding regarding any complaint alleging a predatory practice by an air carrier that is filed with the Secretary after the date of the enactment of this Act, not later than 30 days after such complaint is filed. (b) Restraining Order.--Not later than 15 days after date of an initial finding under subsection (a)(3), and after notice and opportunity for a hearing, the Secretary shall enjoin, pending final determination, any action that is found to be a predatory practice. (c) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Secretary shall transmit a report to Congress describing complaints received by the Secretary which allege predatory practices by air carriers and any action taken by the Secretary on those complaints. (d) Guidelines.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General of the United States, shall issue guidelines defining predatory practices and unfair competition practices under this section and under title 49, United States Code. SEC. 6. ACCESS TO FACILITIES. The Secretary shall ensure that all airport facilities are available to new entrants at fees that are comparable to the average fees paid by incumbents. SEC. 7. EVALUATION OF RULE. The Secretary shall initiate a rulemaking proceeding to determine whether the application of the 80-percent rule contained in section 93.227(a) of title 49, Code of Federal Regulations, promotes, hinders, or has no effect on airline competition. SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a report on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. SEC. 9. PROHIBITION ON INCREASED NOISE. The Secretary shall issue such regulations as are necessary to carry out this Act. However, the Secretary shall not issue or approve any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. SEC. 10. CLARIFICATION OF LEGAL STANDING. Section 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(5) This subsection shall not bar any cause of action brought against an air carrier by 1 or more private parties seeking to enforce any right under the common law of any State or under any State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.''. SEC. 11. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Dominant carrier.--The term ``dominant carrier'' means a person that holds 10 percent or more of the slots in an airport. (2) Limited incumbent.--The term ``limited incumbent'' means a person that holds or operates fewer than 12 slots at a particular airport, not including international slots, Essential Air Service Program slots, or slots between the hours of 2200 and 0659 at Metropolitan Washington Airport or LaGuardia Airport. (3) New entrant.--The term ``new entrant'' means a person that does not hold a slot at a particular airport and has not sold or given up a slot at that airport after December 16, 1985. (4) Person.--The term ``person'' includes a commuter operator or air carrier. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) Slot.--The term ``slot'' means the operational authority to conduct one landing or takeoff operation each day during a specific hour or 30 minute period at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, or Metropolitan Washington Airport. (7) Low-competition airport.--The term ``low-competition airport'' means an airport that-- (A) is not classified as a large hub; and (B) the Secretary determines has substantially less service than average or substantially higher than average airfares.
Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available to the Secretary, to withdraw from such carriers up to ten percent of such slots at that airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights to a low-competition airport. (Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding. (Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints. (Sec. 8) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition. Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. (Sec. 9) Prohibits the Secretary from issuing or approving any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. (Sec. 10) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bulk Cash Smuggling Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Effective enforcement of the currency reporting requirements of subchapter II of chapter 53 of title 31, United States Code, and the regulations prescribed under such subchapter, has forced drug dealers and other criminals engaged in cash-based businesses to avoid using traditional financial institutions. (2) In their effort to avoid using traditional financial institutions, drug dealers and other criminals are forced to move large quantities of currency in bulk form to and through the airports, border crossings, and other ports of entry where the currency can be smuggled out of the United States and placed in a foreign financial institution or sold on the black market. (3) The transportation and smuggling of cash in bulk form may now be the most common form of money laundering, and the movement of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion and similar crimes. (4) The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of subchapter II of chapter 53 of title 31, United States Code, is the equivalent of, and creates the same harm as, the smuggling of goods. (5) The arrest and prosecution of bulk cash smugglers are important parts of law enforcement's effort to stop the laundering of criminal proceeds, but the couriers who attempt to smuggle the cash out of the United States are typically low- level employees of large criminal organizations, and thus are easily replaced. Accordingly, only the confiscation of the smuggled bulk cash can effectively break the cycle of criminal activity of which the laundering of the bulk cash is a critical part. (6) The current penalties for violations of the currency reporting requirements are insufficient to provide a deterrent to the laundering of criminal proceeds. In particular, in cases where the only criminal violation under current law is a reporting offense, the law does not adequately provide for the confiscation of smuggled currency. In contrast, if the smuggling of bulk cash were itself an offense, the cash could be confiscated as the corpus delicti of the smuggling offense. (b) Purposes.--The purposes of this Act are as follows: (1) To make the act of smuggling bulk cash itself a criminal offense. (2) To authorize forfeiture of any smuggled cash and other monetary instruments, together with any other property involved in the smuggling offense. (3) To emphasize the seriousness of the act of bulk cash smuggling. (4) To prescribe guidelines for determining the amount of property subject to forfeiture in various situations. SEC. 3. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES. (a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5331. Bulk cash smuggling into or out of the United States ``(a) Criminal Offense.-- ``(1) In general.--Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b). ``(2) Concealment on person.--For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual. ``(b) Penalty.-- ``(1) Term of imprisonment.--A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. ``(2) Forfeiture.--In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section. ``(3) Procedure.--The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. ``(4) Personal money judgment.--If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. ``(c) Civil Forfeiture.-- ``(1) In general.--Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States. ``(2) Procedure.--The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(3) Treatment of certain property as involved in the offense.--For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense. ``(d) Proportionality of Forfeiture.-- ``(1) In general.--Upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(2) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(A) The value of the currency or other monetary instruments involved in the offense. ``(B) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(C) Whether the offense is part of a pattern of repeated violations of Federal law.''. (b) Conforming Amendment.--The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330, the following new item: ``5331. Bulk cash smuggling into or out of the United States.''. SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES. (a) In General.--Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: ``(c) Forfeiture.-- ``(1) In general.--The court in imposing sentence for any violation of section 5313, 5316, or 5324, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. ``(2) Procedure.--Forfeitures under this subsection shall be governed by the procedures established in section 413 of the Controlled Substances Act and the guidelines established in paragraph (4). ``(3) Civil forfeiture.--Any property involved in a violation of section 5313, 5316, or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and, subject to paragraph (4), forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(4) Proportionality of forfeiture.-- ``(A) In general.--Upon a showing by the property owner by a preponderance of the evidence that any currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(B) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(i) The value of the currency or other monetary instruments involved in the offense. ``(ii) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(iii) Whether the offense is part of a pattern of repeated violations of Federal law.''. (b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18, United States Code, is amended by striking ``of section 5313(a) or 5324(a) of title 31, or''. (2) Section 982(a)(1) of title 18, United States Code, is amended by striking ``of 5313(a), 5316, or 5324 of title 31, or''.
Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport (or transfer) across U.S. borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Improper payment.--The term ``improper payment'' has the meaning given the term in section 2 of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). (2) Questionable transaction.--The term ``questionable transaction'' means a charge card transaction that from initial card data appears to be high risk and may therefore be improper due to non-compliance with applicable law, regulation or policy. (3) Strategic sourcing.--The term ``strategic sourcing'' means analyzing and modifying a Federal agency's spending patterns to better leverage its purchasing power, reduce costs, and improve overall performance. SEC. 3. EXPANDED USE OF DATA ANALYTICS. (a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator for General Services, shall develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs. These analytics may employ existing General Services Administration capabilities, and may be in conjunction with agencies' capabilities, for the purpose of-- (1) identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency use in-- (A) identifying questionable purchase and travel card transactions; and (B) recovering improper payments made with purchase and travel cards; (2) identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use, including additional agency opportunities for card-based strategic sourcing; (3) developing a set of purchase and travel card metrics and benchmarks for high-risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase and travel card management and oversight activities, including those required by the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194); and (4) developing a plan, which may be based on existing capabilities, to create a library of analytics tools and data sources for use by Federal agencies (including inspectors general of those agencies). SEC. 4. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB IMPROPER PAYMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the interagency charge card data management group established under section 5, shall issue guidance on improving information sharing by government agencies (including inspectors general) for the purposes of section 3(a)(1). (b) Elements.--The guidance issued under subsection (a) shall-- (1) require relevant officials at Federal agencies to identify high-risk activities and communicate that information to the appropriate management levels within the agencies; (2) require that appropriate officials at Federal agencies review the reports issued by charge card-issuing banks on questionable transaction activity (such as purchase and travel card pre-suspension and suspension reports, delinquency reports, and exception reports), including transactions that occur with high-risk activities, and suspicious timing or amounts of cash withdrawals or advances; (3) provide for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high-risk activities with General Services Administration Office of Charge Card Management and the appropriate officials in Federal agencies; and (4) include other requirements determined appropriate by the Director for the purposes of carrying out this Act. SEC. 5. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP. (a) Establishment.--The Administrator of General Services and the Director of the Office of Management and Budget shall establish a purchase and travel charge card data management group to develop and share best practices for the purposes described in section 3(a). (b) Elements.--The best practices developed under subsection (a) shall-- (1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; (2) include the review of accounts payable information and purchase and travel card transaction data of agencies for the purpose of identifying potential strategic sourcing and other additional opportunities (such as recurring payments, utility payments, and grant payments) for which the charge cards or related payment products could be used as a payment method; and (3) include other best practices as determined by the Administrator and Director. (c) Membership.--The purchase and travel charge card data management group shall meet regularly as determined by the co-chairs, for a duration of three years, and include those agencies as described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) and others identified by the Administrator and Director. SEC. 6. REPORTING REQUIREMENTS. (a) General Services Administration Report.--Not later than one year after the date of the enactment of this Act, the Administrator for General Services shall submit a report to Congress on the implementation of this Act, including the metrics used in determining whether the analytic and benchmarking efforts have reduced, or contributed to the reduction of, questionable or improper payments as well as improved utilization of card-based payment products. (b) Agency Reports and Consolidated Report to Congress.--Not later than one year after the date of the enactment of this Act, the head of each Federal agency described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) shall submit a report to the Director of the Office of Management and Budget on that agency's activities to implement this Act. (c) Office of Management and Budget Report to Congress.--The Director of the Office of Management and Budget shall submit to Congress a consolidated report of agency activities to implement this Act, which may be included as part of another report submitted to Congress by the Director. (d) Report on Additional Savings Opportunities.--Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall submit a report to Congress identifying and exploring further potential savings opportunities for government agencies under the Federal charge card programs. This report may be combined with the report required under subsection (a).
Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2016 This bill requires the Office of Management and Budget (OMB) to develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs for the purpose of: identifying questionable transactions and developing enhanced tools and methods for agency use in identifying questionable transactions and recovering improper payments; identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use; developing a set of purchase and travel card metrics and benchmarks for high risk activities to assist agency purchase and travel card management and oversight activities; and developing a plan to create a library of analytics tools and data sources for use by agencies. The OMB must issue guidance on improving information sharing by government agencies, including by: (1) requiring relevant officials to identify and communicate information about high-risk activities; (2) requiring appropriate agency officials to review the reports issued by charge card-issuing banks on questionable transaction activity and suspicious timing or amounts of cash withdrawals or advances; and (3) providing for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with GSA's Office of Charge Card Management and appropriate federal officials. The GSA and the OMB must establish a purchase and travel charge card data management group to develop and share best practices. The GSA shall report on further potential savings opportunities for government agencies under the federal charge card programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Bank Enforcement Act of 1996''. SEC. 2. UNAUTHORIZED PARTICIPATION BY CONVICTED PERSONS. Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended-- (1) in subsection (a), by striking ``Corporation'' and inserting ``appropriate Federal banking authority''; and (2) by adding at the end the following new subsection: ``(c) Definition.--For purposes of this section-- ``(1) the term `appropriate Federal banking authority' means-- ``(A) the Corporation, in the case of any insured depository institution, except as specifically provided in subparagraphs (B), (C), and (D), or in the case of any insured branch of a foreign bank; ``(B) the Board of Governors of the Federal Reserve System, in the case of any bank holding company and any subsidiary thereof (other than a bank), uninsured State branch or agency of a foreign bank, or any organization organized and operated under section 25A of the Federal Reserve Act or operating under section 25 of the Federal Reserve Act; ``(C) the Comptroller of the Currency, in the case of any Federal agency or uninsured Federal branch of a foreign bank; and ``(D) the Office of Thrift Supervision, in the case of any savings and loan holding company and any subsidiary thereof (other than a bank or a savings association) or any institution that is treated as an insured bank under section 8(b)(9); and ``(2) the term `insured depository institution' shall be deemed to include any institution treated as an insured bank under paragraph (3), (4), or (5) of section 8(b) or as a savings association under section 8(b)(9).''. SEC. 3. REMOVAL ACTIONS AGAINST PERSONS CONVICTED OF FELONIES. Section 8(i)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)(3)) is amended-- (1) by inserting ``, or any order pursuant to subsection (g),'' after ``any notice''; and (2) by inserting ``or order'' after ``such notice''. SEC. 4. INTERNATIONAL COOPERATION. Section 15 of the International Banking Act of 1978 (12 U.S.C. 3109) is amended by adding at the end the following new subsections: ``(c) Information Obtained From Foreign Supervisors.-- ``(1) In general.--Except as provided in subsection (d), the Board, the Comptroller, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision shall not be compelled to disclose information obtained from a foreign supervisor if-- ``(A) the foreign supervisor has, in good faith, determined and represented to such agency that public disclosure of the information would violate the laws applicable to that foreign supervisor; and ``(B) the United States agency obtains such information pursuant to-- ``(i) such procedure as the agency may authorize for use in connection with the administration or enforcement of the banking laws; or ``(ii) a memorandum of understanding. ``(2) Treatment under title 5.--For purposes of section 552 of title 5, United States Code, this subsection shall be considered to be a statute described in subsection (b)(3)(B) of such section 552. ``(d) Savings Provision.--Nothing in this section authorizes the Board, the Comptroller, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision to withhold information from the Congress or to prevent such agency from complying with an order of a court of the United States in an action commenced by the United States or by such agency.''. SEC. 5. TERMINATION OF FOREIGN BANK OFFICES IN THE UNITED STATES. Section 7(e) of the International Banking Act of 1978 (12 U.S.C. 3105(e)) is amended by adding at the end the following new paragraph: ``(8) Provisions of a termination order.--An order issued by the Board under paragraph (1) or by the Comptroller under section 4(i) may contain such terms and conditions as the Board or the Comptroller, as the case may be, deems appropriate to carry out this subsection.''. SEC. 6. DISCLOSURE OF CERTAIN MATTERS OCCURRING BEFORE GRAND JURY. Section 3322(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``State or Federal'' before ``financial institution''; and (2) in paragraph (2), by inserting ``at any time during or after the completion of the investigation of the grand jury'' before ``upon''.
Foreign Bank Enforcement Act of 1996 - Amends the Federal Deposit Insurance Act with respect to the penalty for unauthorized participation in an insured depository institution by an individual with a criminal conviction involving dishonesty. Revises the exception for individuals who have received the prior written consent of the Federal Deposit Insurance Corporation (FDIC) to allow the prior written consent of any appropriate Federal banking authority. Amends the International Banking Act of 1978 to: (1) cite circumstances under which certain Federal bank regulatory agencies shall not be compelled to disclose information obtained from a foreign supervisor; and (2) authorize an order to terminate foreign bank offices in the United States issued by either the Board of Governors of the Federal Reserve System or the Comptroller of the Currency to contain appropriate terms and conditions. Amends Federal criminal procedure to authorize a court to: (1) direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a State as well as a Federal financial institution regulatory agency; and (2) issue such an order at any time during or after completion of the investigation of the grand jury upon a finding of substantial need.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Voters' Equal Access to Voter Registration Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Members of the Armed Forces and their family members (in this section referred to as ``military voters'') who have sought to vote in recent elections for Federal office have had substantial difficulty doing so, frequently resulting in the disenfranchisement of such military voters. (2) Due to the highly transient nature of military service and frequent overseas deployments, military voters are constantly on the move between military installations in the United States and to and from overseas locations. As a result, military voters are typically absent from their home voting jurisdictions on election day and, if military voters wish to exercise their right to vote, they must do so by absentee ballot. (3) In 1986, Congress enacted the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) in an attempt to permit military voters to register to vote and vote by absentee ballot in all elections for Federal office. Nevertheless, the absentee voting system, as created under such Act, has consistently failed to ensure that military voters actually receive their unmarked absentee ballots prior to election day. Military voters continue to experience substantial difficulty in registering to vote, updating their voting addresses, and obtaining absentee ballots prior to election day. (4) In 1993, Congress enacted the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) to create a national voter registration system, as well as to provide citizens with increased opportunities to register to vote and receive voting assistance. Such Act, however, failed to ensure that military voters have the same access to voter registration assistance as the civilian population, because their military service typically takes them out of their home voting jurisdictions, where they would otherwise be able to receive such assistance, as required under such Act. (5) The Inspector General of the Department of Defense has found that military voters do not receive adequate information and assistance to register to vote and request an absentee ballot. In a survey following the 2004 election, the Inspector General found that only 40 to 50 percent of members of the Armed Forces, and a lesser percentage of their dependents, received voting information or assistance prior to the election. The Inspector General reached a similar conclusion after the 2006 election, finding that less than 40 percent of military voters received voting information and assistance. (6) Millions of military voters have been disenfranchised as a result of the current system's inability to provide them with voting information and assistance. A Department of Defense study conducted by the Defense Manpower Data Center found that, in the 2006 election for Federal office, only 22 percent of military voters were able to successfully vote, by either casting an absentee ballot or voting in person--which represents approximately one-half of the percentage of the overall national population that voted in such election. A separate study by the U.S. Election Assistance Commission found that, in such election, only a small fraction of military voters were able to request an absentee ballot. The Election Assistance Commission study further showed that, even when military voters were able to request a ballot, a significant percentage of the ballots requested never reached the military voters who requested them, having been sent to outdated addresses from which the military voters had since moved. (7) Preliminary data from the 2008 Presidential election shows little or no improvement. According to statistics collected from 5 of the 6 States with the largest number of military voters, only 21.9 percent of all eligible military voters in those States were able to request absentee ballots. Once again, many ballots were sent to outdated addresses and did not reach the intended military voters. (8) The ability of military voters to participate in the democratic process would be significantly improved through more robust efforts by the Armed Forces to provide such voters with pertinent voting information and effective assistance when they need it most--when their address changes as a result of reassignment to a new duty station or overseas deployment. The Armed Forces, in so doing, would dramatically increase the ability of military voters to request and obtain absentee ballots, and they would also help ensure that local election officials have the most current address of military voters in order to send absentee ballots to such voters. SEC. 3. TREATMENT OF ACTIVE DUTY MILITARY INSTALLATIONS. Section 7 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Active Duty Military Installations.-- ``(1) Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary to ensure that each individual described in paragraph (2) is provided the opportunity to register to vote in an election for Federal office, update the individual's voter registration information, and request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act. ``(2) The following individuals are described in this paragraph: ``(A) A member of the Armed Forces-- ``(i) who is undergoing a permanent change of duty station; ``(ii) who is deploying overseas for at least 6 months; ``(iii) who is or returning from an overseas deployment of at least 6 months; or ``(iv) who requests assistance related to voter registration. ``(B) A dependent of a member of the Armed Forces, if the dependent-- ``(i) requests assistance related to voter registration; and ``(ii) is at least 18 years of age. ``(3) The assistance described in paragraph (1) shall be provided to a member of the Armed Forces-- ``(A) described in clause (i) of paragraph (2)(A), as part of the administrative processing of the member upon arrival at the new duty station of the member; ``(B) described in clause (ii) of such paragraph, as part of the administrative processing of the member upon deployment from the home duty station of the member; ``(C) described in clause (iii) of such paragraph, as part of the administrative processing of the member upon return to the home duty station of the member; and ``(D) described in clause (iv) of such paragraph, at any time the member requests such assistance. ``(4) An office designated by the Secretary of a military department under paragraph (1) shall be considered to be a voter registration agency designated under subsection (a)(2) of this section for all purposes of this subchapter.''. SEC. 4. OUTREACH FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILY MEMBERS. (a) In General.--The Secretary of each military department, or the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), shall take appropriate actions to inform members of the Armed Forces and the dependents of such members of the assistance available under section 7(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- 5), as added by section 3, including-- (1) the availability of voter registration assistance at offices designated under paragraph (1) of such section 7(d); and (2) the time, location, and manner in which a member of the Armed Forces and a dependent of such a member may utilize such assistance. (b) Reports.-- (1) Report on status of implementation.-- (A) Report required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department, or the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff), shall submit to the relevant committees of Congress a report on the status of the implementation of section 7(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5), as added by section 3. (B) Elements.--The report under subparagraph (A) shall include a detailed description of the specific steps taken towards the implementation of such section, including the designation of offices under paragraph (1) of such section 7(d). (2) Report on utilization of voter registration assistance.-- (A) Reports required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of each military department, or the Presidential designee, shall submit to the relevant committees of Congress a report on the utilization of voter registration assistance provided under such section 7(d). (B) Elements.--The report under subparagraph (A) shall include-- (i) a description of the specific programs implemented by each military department of the Armed Forces pursuant to such section 7(d); and (ii) the number of military service members and dependents who utilized voter registration assistance provided under such section 7(d). (3) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' means-- (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.
Military Voters' Equal Access to Voter Registration Act of 2009 - Amends the National Voter Registration Act of 1993 to require designating direct each Secretary of a military department to designate an office on each Armed Forces installation to ensure that certain individuals are provided the opportunity to register to vote in federal elections, update voter registrations, and request absentee ballots under the Uniformed and Overseas Citizens Absentee Voting Act. Designates as those individuals those who are: (1) members of the Armed Forces and are undergoing a permanent change of duty station, deploying overseas for at least 6 months, returning from an overseas deployment of at least 6 months, or requests assistance related to voter registration; and (2) are dependents of members of the Armed Forces, request assistance, and are at least 18 years old. Considers an office so designated to be a voter registration agency for all purposes of the Act. Requires informing Armed Forces members and their dependents of the assistance available under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Gas Price Relief Act of 2005''. SEC. 2. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Reduction of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any reduction period, the rate of tax imposed by section 4041 or 4081 on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the period-- ``(i) beginning on the date on which the weekly United States retail gasoline price, regular grade (as published by the Energy Information Administration, Department of Energy), is greater than $3.00 per gallon, and ``(ii) ending on the date on which such price (as so published) is less than $2.50 per gallon. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) on such date such fuel 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 section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) 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. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of any reduction period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2 of this Act). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) 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 section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.
Emergency Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to reduce highway motor fuel excise taxes by 10 cents per gallon, beginning on the date when the retail price for gasoline is greater than $3.00 per gallon and ending when such price is less than $2.50 per gallon (reduction period). Provides for adjustments to such excise tax for floor stocks of highway motor fuels held by dealers prior to the reduction period (credits or refunds) or after the reduction period (floor stocks tax).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA High Cost Pool Funding Act''. SEC. 2. ADDITIONAL AMOUNTS FOR HIGH COST FUNDS. Section 611(e)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(e)(3)) is amended by adding at the end the following: ``(J) Additional amounts for high cost funds.-- ``(i) In general.--From the funds appropriated to carry out this subparagraph, the Secretary shall award grants to each State (without regard to whether the State has reserved funds under subparagraph (A)(i)), to carry out the activities described in subparagraph (A)(i) in accordance with the State plan published pursuant to subparagraph (C) (as amended or developed pursuant to clause (v) of this subparagraph), and the other terms and conditions of this paragraph with respect to funds reserved under subparagraph (A)(i), except that a State, to establish and support a high cost fund, may not use more than-- ``(I) 5 percent of the amount of a grant received under this subparagraph in the first year; and ``(II) 2 percent of such amount in each subsequent year. ``(ii) Grant amount.-- ``(I) In general.--A grant awarded to a State under this subparagraph shall be in an amount equal to 5 percent of the State's allocation under subsection (d) for the fiscal year for which the grant is awarded, except that no State shall receive a grant amount that is less than 5 percent of the State's allocation under subsection (d) for fiscal year 2010. ``(II) Ratable reduction.--If the amounts appropriated for any fiscal year to carry out this subparagraph are insufficient to pay the full amounts that all States are eligible to receive under this subparagraph for such year, then the Secretary shall ratably reduce the payments to all such States for such year. ``(iii) Reallotment.--If a State does not apply for a grant this subparagraph for any fiscal year, or if the State does not meet the requirements of this subparagraph, the Secretary shall reallot such amount to the remaining States in accordance with this subparagraph. ``(iv) Matching funds.--To receive a grant under this subparagraph, a State shall provide-- ``(I) non-Federal matching funds for the cost of the activities for which the grant is awarded in an amount that is not less than 25 percent of the amount of the grant; or ``(II) an assurance to the Secretary that the State will use an amount of non-Federal funds that is not less than 25 percent of the amount of the grant to carry out activities similar to the activities described in subparagraph (A)(i) during the grant period of the grant awarded to the State. ``(v) State plans.--To receive a grant under this subparagraph, a State shall-- ``(I) in the case of a State that has published a State plan pursuant to subparagraph (C), amend the State plan to include any information that the Secretary may require for the State to receive a grant under this subparagraph; and ``(II) in the case of a State that has not published a State plan pursuant to subparagraph (C), develop and publish a State plan pursuant to subparagraph (C), which includes any information that the Secretary may require for the State to receive a grant under this subparagraph. ``(vi) Waiver.--A State desiring a grant under this subparagraph to use in accordance with clause (i), but requiring a waiver of any provision of this subparagraph due to an aspect of State governmental structure that is incompatible with this subparagraph, may request such a waiver as part of its State plan under subparagraph (C). ``(K) Annual reporting.--Not later than 1 year after the first grant is awarded under subparagraph (J), and annually thereafter, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the effectiveness of disbursements made from high cost funds for the most recent fiscal year, which shall include-- ``(i) the amount of grant funds awarded to each State under subparagraph (J); ``(ii) the number of States that received a waiver pursuant to subparagraph (J)(vi); ``(iii) an identification of each State that did not receive a grant under subparagraph (J), but made disbursements from a high cost fund established under subparagraph (A)(i) solely using the funds the State reserved pursuant to subparagraph (A)(i); and ``(iv) an identification of each State that did not receive a grant under subparagraph (J), but made disbursements from a high cost fund similar to a high cost fund established under subparagraph (A)(i) solely using non-Federal funds.''.
IDEA High Cost Pool Funding Act This bill amends the Individuals with Disabilities Act (IDEA) to establish additional grants for the purpose of assisting states in addressing the needs of high-need children with disabilities. The bill establishes limitations on grant amounts and how grant funds may be used. To be eligible to receive such a grant, a state shall: (1) provide matching funds equal to at least 25% of the grant amount; and (2) provide any information that the Department of Education may require, as specified by the bill. A state may request a waiver of certain grant requirements that are incompatible with aspects of the state's governmental structure.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2013''. SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 4 additional circuit judges for the ninth circuit court of appeals; and (2) 1 additional circuit judge for the sixth circuit court of appeals. (b) Temporary Judgeship.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancy not filled.--The first vacancy in the office of circuit judge in the ninth circuit occurring 10 years or more after the confirmation date of the circuit judge named to fill the temporary circuit judgeship created in the ninth circuit by paragraph (1) shall not be filled. (c) Tables.--In order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: Number of ``Circuits Judges District of Columbia....................................... 11 First...................................................... 6 Second..................................................... 13 Third...................................................... 14 Fourth..................................................... 15 Fifth...................................................... 17 Sixth...................................................... 17 Seventh.................................................... 11 Eighth..................................................... 11 Ninth...................................................... 33 Tenth...................................................... 12 Eleventh................................................... 12 Federal.................................................... 12.''. SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Delaware; (2) 6 additional district judges for the eastern district of California; (3) 2 additional district judges for the eastern district of Texas; (4) 4 additional district judges for the western district of Texas; (5) 6 additional district judges for the district of Arizona; (6) 10 additional district judges for the central district of California; (7) 5 additional district judges for the northern district of California; (8) 2 additional district judges for the district of Colorado; (9) 2 additional district judges for the western district of Washington; (10) 1 additional district judge for the southern district of Indiana; (11) 3 additional district judges for the southern district of Florida; (12) 5 additional district judges for the middle district of Florida; (13) 1 additional district judge for the western district of New York; (14) 1 additional district judge for the northern district of Florida; (15) 1 additional district judge for the western district of Wisconsin; (16) 3 additional district judges for the southern district of California; (17) 2 additional district judges for the eastern district of New York; (18) 2 additional district judges for the district of New Jersey; (19) 1 additional district judge for the district of Idaho; (20) 2 additional district judges for the southern district of Texas; (21) 1 additional district judge for the district of Minnesota; (22) 1 additional district judge for the northern district of Georgia; (23) 1 additional district judge for the district of Nevada; (24) 1 additional district judge for the district of New Mexico; and (25) 1 additional district judge for the southern district of New York. (b) Temporary Judgeships.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional district judge for the eastern district of California; (B) 1 additional district judge for the western district of Texas; (C) 4 additional district judges for the district of Arizona; (D) 2 additional district judges for the central district of California; (E) 1 additional district judge for the northern district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the southern district of California; (H) 1 additional district judge for the district of New Jersey; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the western district of Missouri; (K) 1 additional district judge for the northern district of Georgia; (L) 1 additional district judge for the district of Nevada; (M) 1 additional district judge for the district of Oregon; (N) 1 additional district judge for the southern district of New York; (O) 1 additional district judge for the middle district of Tennessee; and (P) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled.-- (A) In general.--The first vacancy in the office of district judge in each of the offices of district judge authorized by paragraph (1), except for the district of Arizona and the central district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. (B) Arizona.--The first 4 vacancies in the office of district judge in the district of Arizona occurring 10 years or more after the date on which judge are confirmed to fill all 4 temporary district judgeships under paragraph (1)(C), shall not be filled. (C) Central district of california.--The first 2 vacancies in the office of district judge in the central district of California occurring 10 years or more after the date on which judge are confirmed to fill both temporary district judgeships under paragraph (1)(D), shall not be filled. (c) Existing Judgeships.--The existing judgeships for the district of Kansas and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note) and the existing judgeships for the eastern district of Texas, the district of Arizona, the central district of California, the southern district of Florida, the northern district of Alabama, and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 28 U.S.C. 133 note), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (d) Tables.--In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: Number of ``Districts Judges Alabama: Northern................................................. 8 Middle................................................... 3 Southern................................................. 3 Alaska..................................................... 3 Arizona.................................................... 19 Arkansas: Eastern.................................................. 5 Western.................................................. 3 California: Northern................................................. 19 Eastern.................................................. 12 Central.................................................. 38 Southern................................................. 16 Colorado................................................... 9 Connecticut................................................ 8 Delaware................................................... 5 District of Columbia....................................... 15 Florida: Northern................................................. 5 Middle................................................... 20 Southern................................................. 21 Georgia: Northern................................................. 12 Middle................................................... 4 Southern................................................. 3 Hawaii..................................................... 3 Idaho...................................................... 3 Illinois: Northern................................................. 22 Central.................................................. 4 Southern................................................. 4 Indiana: Northern................................................. 5 Southern................................................. 6 Iowa: Northern................................................. 2 Southern................................................. 3 Kansas..................................................... 6 Kentucky: Eastern.................................................. 5 Western.................................................. 4 Eastern and Western...................................... 1 Louisiana: Eastern.................................................. 12 Middle................................................... 3 Western.................................................. 7 Maine...................................................... 3 Maryland................................................... 10 Massachusetts.............................................. 13 Michigan: Eastern.................................................. 15 Western.................................................. 4 Minnesota.................................................. 8 Mississippi: Northern................................................. 3 Southern................................................. 6 Missouri: Eastern.................................................. 7 Western.................................................. 5 Eastern and Western...................................... 2 Montana.................................................... 3 Nebraska................................................... 3 Nevada..................................................... 8 New Hampshire.............................................. 3 New Jersey................................................. 19 New Mexico................................................. 8 New York: Northern................................................. 5 Southern................................................. 29 Eastern.................................................. 17 Western.................................................. 5 North Carolina: Eastern.................................................. 4 Middle................................................... 4 Western.................................................. 4 North Dakota............................................... 2 Ohio: Northern................................................. 11 Southern................................................. 8 Oklahoma: Northern................................................. 3 Eastern.................................................. 1 Western.................................................. 6 Northern, Eastern, and Western........................... 1 Oregon..................................................... 6 Pennsylvania: Eastern.................................................. 22 Middle................................................... 6 Western.................................................. 10 Puerto Rico................................................ 7 Rhode Island............................................... 3 South Carolina............................................. 10 South Dakota............................................... 3 Tennessee: Eastern.................................................. 5 Middle................................................... 4 Western.................................................. 5 Texas: Northern................................................. 12 Southern................................................. 21 Eastern.................................................. 10 Western.................................................. 17 Utah....................................................... 5 Vermont.................................................... 2 Virginia: Eastern.................................................. 11 Western.................................................. 4 Washington: Eastern.................................................. 4 Western.................................................. 9 West Virginia: Northern................................................. 3 Southern................................................. 5 Wisconsin: Eastern.................................................. 5 Western.................................................. 3 Wyoming.................................................... 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act.
Federal Judgeship Act of 2013 - Directs the President, with advice and consent of the Senate, to appoint specified additional: (1) permanent circuit judges for the sixth and ninth circuit courts of appeals and a temporary judge for the ninth circuit; and (2) permanent district judges for various judicial districts of Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Minnesota, Nevada, New Jersey, New Mexico, New York, Texas, Washington, and Wisconsin and temporary district judges for Arizona, California, Florida, Georgia, Minnesota, Missouri, Nevada, New Jersey, New York, Oregon, Tennessee, Texas, and Virginia.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep American Jobs from Going Down the Drain Act''. SEC. 2. REQUIREMENT FOR USE OF AMERICAN MATERIALS IN PUBLIC WATER SYSTEMS. Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(a)) is amended by adding at the end the following: ``(4) Requirement for use of american materials.-- ``(A) In general.--Notwithstanding any other provision of law, none of the funds made available by a State loan fund as authorized under this section may be used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. ``(B) Waivers.--Subparagraph (A) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that-- ``(i) applying subparagraph (A) would be inconsistent with the public interest; ``(ii) the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ``(iii) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. ``(C) Public notification and written justification for waiver.--If the Administrator determines that it is necessary to waive the application of subparagraph (A) based on a finding under subparagraph (B), the Administrator shall-- ``(i) not less than 15 days prior to waiving the application of subparagraph (A), provide public notice and the opportunity to comment on the Administrator's intent to issue such waiver; and ``(ii) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. ``(D) Consistency with international agreements.-- This paragraph shall be applied in a manner consistent with United States obligations under international agreements.''. SEC. 3. REQUIREMENT FOR USE OF AMERICAN MATERIALS IN TREATMENT WORKS. Title VI Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended-- (1) by redesignating section 607 as section 608; and (2) by inserting after section 606 the following: ``SEC. 607. REQUIREMENT FOR USE OF AMERICAN MATERIALS. ``(a) In General.--Notwithstanding any other provision of law, none of the funds made available by a State water pollution control revolving fund as authorized under this title may be used for the construction, alteration, maintenance, or repair of treatment works unless the steel, iron, and manufactured goods used in such treatment works are produced in the United States. ``(b) Waivers.--Subsection (a) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that-- ``(1) applying subsection (a) would be inconsistent with the public interest; ``(2) the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ``(3) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. ``(c) Public Notification and Written Justification for Waiver.--If the Administrator determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Administrator shall-- ``(1) not less than 15 days prior to waiving application of subsection (a), provide public notice and the opportunity to comment on the Administrator's intent to issue such waiver; and ``(2) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. ``(d) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements.''.
Keep American Jobs from Going Down the Drain Act - Amends the Safe Drinking Water Act and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the use of funds made available from a state loan fund or a state water pollution control revolving fund, respectively, from being used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. Waives such requirement when the Administrator of the Environmental Protection Agency (EPA), in consultation with the relevant governor, finds that: (1) applying such requirement would be inconsistent with the public interest; (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of such goods will increase the cost of the overall project by more than 25%. Requires the Administrator to: (1) provide public notice and the opportunity to comment on the Administrator's intent to issue a waiver no less than 15 days prior to waiving such requirements; and (2) publish a justification of any waiver issued.
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SECTION 1. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following: ``TITLE VIII--ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS ``SEC. 801. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS. ``(a) Assistance.-- ``(1) Authority.--The Director of the Federal Emergency Management Agency may provide the assistance described in paragraph (2) in any case in which the Director determines with respect to any local educational agency (including for the purpose of this section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary school or secondary school age) that-- ``(A) the agency serves in whole or in part an area with respect to which a major disaster has been declared by the President under section 401; ``(B) the Governor of the State in which the agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of the State, or of any political subdivision thereof, for the same or similar purposes with respect to the disaster; ``(C) the agency is utilizing or will utilize all State and other financial assistance available to the agency for the purpose of meeting the cost of providing free public education for the children attending the schools of the agency, but as a result of the disaster the agency is unable to obtain sufficient funds for such purpose and requires an amount of additional assistance equal to at least $10,000 or 5 percent of the agency's current expenditures during the fiscal year preceding the fiscal year in which the disaster occurred, whichever is less; and ``(D) in the case of any such disaster to the extent that the operation of private elementary schools and secondary schools in the school attendance area of such local educational agency has been disrupted or impaired by the disaster, the local educational agency has made provisions for the conduct of educational programs under public auspices and administration in which children enrolled in the private elementary schools and secondary schools may attend and participate, except that nothing contained in this section shall be construed to authorize the making of any payment under this section for religious worship or instruction. ``(2) Assistance.--The assistance referred to in paragraph (1) is the assistance the Director determines necessary to pay the costs of emergency operating expenses incurred by the local educational agency in educating students in public and private elementary schools and secondary schools who have been displaced by the disaster, including-- ``(A) providing transportation costs for busing students to alternative sites; ``(B) replacing instructional and maintenance supplies, equipment, and materials (including textbooks) destroyed or seriously damaged as a result of the disaster, making minor repairs, and leasing or otherwise providing (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily the facilities which have been made unavailable as a result of the disaster; and ``(C) providing educational services to children who, as a result of damage to schools that the children attended prior to the disaster, were required to attend other schools. ``(3) Duration.--The Director may provide a local educational agency with assistance under this section for the period beginning on the date the disaster is declared by the President under section 401 with respect to an area served by the local educational agency and ending 18 months after the date. ``(4) Payments to other local educational agencies.--A local educational agency may use funds received under this section to make a payment to another local educational agency for the costs of emergency operating expenses incurred by such other local educational agency in educating students who are displaced by the disaster. ``(b) Authorization of Appropriations.--There is authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Director is authorized to expend (without regard for subchapter II of chapter 15 of title 31, United States Code) from any funds appropriated to the Federal Emergency Management Agency and at that time available to the Director, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence-- ``(1) shall be reported by the Director to the Committees on Appropriations and Education and the Workplace of the House of Representatives and the Committees on Appropriations and Labor and Human Resources of the Senate within 30 days of the expenditure; and ``(2) shall be reimbursed from the appropriations authorized by the first sentence of this subsection. ``(c) Report.--The report required under subsection (b)(1) shall constitute a budget estimate within the meaning of section 1109 of title 31, United States Code. ``(d) Application.--No payment may be made to any local educational agency under this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Director in accordance with the regulations prescribed by the Director. In determining the order in which such applications shall be approved, the Director shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. The Director shall complete action of approval or disapproval of an application within 90 days of the filing of an application. ``(e) Payments.--Amounts paid by the Director to local educational agencies under this section may be paid in advance or by way of reimbursement and in such installments as the Director may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States. ``(f) Special Rule.--Funds available to carry out this section for any fiscal year shall also be available to carry out section 403 with respect to assistance for public and private elementary schools and secondary schools. ``(g) Bureau Funded Schools.--The Director may provide assistance to the Bureau of Indian Affairs for Bureau funded schools that are located in an area with respect to which a major disaster has been declared by the President under section 401 in a manner similar to the manner in which local educational agencies receive assistance under this section. ``(h) Definitions.--In this section: ``(1) Bureau funded school.--The term `Bureau funded school' has the meaning given the term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026). ``(2) Current expenditures.--The term `current expenditures' has the meaning given the term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). ``(3) Director.--The term `Director' means Director of the Federal Emergency Management Agency. ``(4) Elementary school; secondary school; local educational agency; state educational agency.--The terms `elementary school', `secondary school', `local educational agency', and `State educational agency' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).''.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the Director of the Federal Emergency Management Agency (FEMA) to provide assistance for emergency operating expenses incurred by a local educational agency (LEA) in educating students in elementary and secondary schools who have been displaced by a disaster when: (1) the LEA serves an area in which a major disaster has been declared by the President; (2) the State's Governor has certified the need for such assistance; (3) the LEA is or will utilize all State and other financial assistance available for such purpose; and (4) the LEA has made provisions for the conduct of educational programs in which children enrolled in private elementary and secondary schools may attend and participate, except that no payments shall be made for religious worship or instruction. Authorizes such assistance for a period beginning on the date that the disaster is declared by the President and ending 18 months thereafter. Authorizes appropriations. Authorizes the FEMA Director, pending such appropriations, to expend funds from amounts currently available to FEMA or the Director in order to provide immediate assistance. Requires a report to the Congress on any such immediate assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Shoreline Erosion Control Demonstration Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that it is essential to develop, demonstrate, and disseminate innovative technologies to prevent and control shoreline erosion because of-- (1) the importance and increasing interest in the coastal and estuarine zone of the United States; (2) the deterioration of the shoreline within the zone resulting from erosion; (3) the harm to water quality and marine life from shoreline erosion; (4) the loss of recreational potential resulting from shoreline erosion; (5) the financial loss to private and public landowners resulting from shoreline erosion; (6) the inability of private and public landowners to obtain satisfactory financial and technical assistance to combat shoreline erosion; and (7) the loss of structures or landmarks of historic significance. (b) Purpose.--It is the purpose of this section to establish a program to develop, demonstrate, and disseminate information about innovative technologies to combat shoreline erosion. SEC. 3. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. The Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e et seq.), is amended by adding at the end the following new section: ``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. ``(a) Definitions.--As used in this section: ``(1) Sheltered waters.--The term `sheltered waters' means tidal waters that are not exposed to the unmitigated forces of open ocean waves and currents. ``(2) Cost effective shore protection.--The term `cost effective shore protection' means the most efficient design that can solve the erosion problem at a given site, taking into account the life cycle cost of the project, including cleanup, maintenance, and amortization. ``(b) Establishment of National Shoreline Erosion Control Development and Demonstration Program.--The Secretary of the Army (referred to in this section as the `Secretary'), acting through the Chief of Engineers, shall establish and conduct a national shoreline erosion control development and demonstration program (referred to in this section as the `program') for a period of 8 years beginning on the date that funds are made available to carry out this section. ``(c) Requirements.-- ``(1) In general.--The program shall include provisions for-- ``(A) planning, designing, and constructing prototype engineered and vegetative shoreline erosion control devices and projects during the first 5 years of the program; ``(B) adequate monitoring of prototypes throughout the duration of the program; ``(C) detailed engineering and environmental reports on the results of each project in the program; and ``(D) technology transfers to private property owners and State and local entities. ``(2) Emphasis.--Demonstration projects established pursuant to this section shall emphasize, to the extent practicable-- ``(A) the development and demonstration of innovative technologies; ``(B) cost effective shore protection; ``(C) natural designs, including the use of vegetation or temporary structures that minimize permanent structural alterations; ``(D) the avoidance of negative impacts to adjacent shorefront communities; ``(E) in areas with substantial residential or commercial interests adjacent to the shoreline, designs that do not impair their aesthetic appeal; ``(F) the potential for long-term protection afforded by the technology; and ``(G) lessons from evaluations of the original 1974 program, including-- ``(i) adequate consideration of the subgrade; ``(ii) proper filtration; ``(iii) durable components; ``(iv) adequate connection between units; and ``(v) additional relevant information. ``(3) Sites.-- ``(A) In general.--Shoreline erosion control demonstration projects shall be undertaken at publicly or privately owned sites on open coast or sheltered waters. ``(B) Selection.--The Secretary shall develop site selection criteria, including-- ``(i) a variety of geographical and climatic conditions; ``(ii) the size of the population that is dependent on the beaches for recreation, protection of homes, or commercial interests; ``(iii) the rate of erosion; ``(iv) significant natural resources or habitats and environmentally sensitive areas; and ``(v) significant threatened historic structures or landmarks. ``(C) Areas.--Projects shall be undertaken at no less than 2 sites on each of the shores of-- ``(i) the Atlantic, Gulf, and Pacific coasts; ``(ii) the Great Lakes; and ``(iii) the State of Alaska. ``(d) Cooperation.-- ``(1) Parties.--The program shall be carried out in cooperation with-- ``(A) the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion; ``(B) Federal, State, and local agencies; ``(C) private organizations; ``(D) the Coastal Engineering Research Center established by the first section of Public Law 88-172 (33 U.S.C. 426-1); and ``(E) university research facilities. ``(2) Agreements.--Such cooperation may include entering into agreements with other Federal, State, or local agencies or private organizations, to undertake functions in subsection (c)(1) where appropriate. ``(e) Reports.-- ``(1) In general.--The Secretary, acting through the Chief of Engineers, shall annually prepare and submit a program progress report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. ``(2) General report.--The final report shall be submitted not later than 60 days after the conclusion of the program, and shall include a comprehensive evaluation of the national shoreline erosion control development and demonstration program, and recommendations regarding its continuation. ``(f) Funding.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Federal share of the cost of a project under this section shall be determined in accordance with section 3. ``(2) Responsibility.--The cost of and responsibility for operation and maintenance of a project, not including monitoring, under the program shall be borne by non-Federal sponsors upon completion of construction of the project. ``(3) Cost share adjustment.--The cost share requirements for projects on public lands that provide for full public access may be adjusted by the Secretary for projects in sponsoring communities that are experiencing financial hardship, as defined by the Secretary, at the time the project is selected.''. SEC. 4. CONFORMING AMENDMENT. Section 1(e) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(e)), is amended by striking ``section 3'' and inserting ``sections 3 and 5''.
Shoreline Erosion Control Demonstration Act of 1993 - Directs the Secretary of the Army, acting through the Chief of Engineers, to establish and conduct a national shoreline erosion control development and demonstration program for eight years after funds are made available for such program. Outlines provisions concerning program requirements, including the development of innovative and cost effective technologies for shoreline protection. Allows such program projects to be undertaken at publicly or privately owned sites on open coast or sheltered waters. Provides selection criteria and requires an annual and final report to specified congressional committees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``States Solid Waste Regulatory Authority Act''. SEC. 2. AUTHORITY TO REGULATE SOLID WASTE. (a) Authority.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. STATE AUTHORITY TO REGULATE SOLID WASTE. ``(a) Laws Regulating Treatment and Disposal.-- ``(1) Fees.-- ``(A) Subject to the limitations described in this paragraph, each State is authorized to enact and enforce laws imposing and collecting fees in connection with the treatment, disposal, or other disposition within such State of solid waste generated in another State. ``(B) Beginning in calendar year 1994, any increase in a fee described in subparagraph (A) may not exceed an amount which is equal to the base amount multiplied by the applicable percentage for such calendar year. ``(C) The applicable percentage for calendar years, beginning with calendar year 1994, shall be determined in accordance with the following table: The applicable ``In calendar year: percentage is: ``1994................... 50 ``1995................... 100 ``1996................... 150 ``1997................... 200 ``1998 and thereafter.... (Such amount as the receiving State may determine). ``(D) For purposes of this paragraph, the term `base amount' means the fee imposed by the State on December 31, 1993, or, if no fee was imposed on December 31, 1993, the fee first imposed by the State after such date. ``(E) In the case of any State that imposes a fee after December 31, 1993, the table in subparagraph (C) shall be applied-- ``(i) by substituting the first calendar year beginning after the calendar year in which such fee is imposed for 1994; ``(ii) by substituting the second calendar year beginning after the calendar year in which such fee is imposed for 1995; ``(iii) by substituting the third calendar year beginning after the calendar year in which such fee is imposed for 1996; and ``(iv) by substituting the fourth calendar year beginning after the calendar year in which such fee is imposed for 1997. ``(F) Notwithstanding any other provision of this section, at any time the fee imposed by an exporting State in connection with treatment, disposal, or other disposition of solid waste exceeds the fee imposed by a receiving State in connection with treatment, disposal, or other disposition of solid waste, the receiving State may impose and collect a fee in connection with treatment, disposal, or other disposition of solid waste received from an exporting State equal to that of the fee imposed by the exporting State. For purposes of this subparagraph, the term `exporting State' means a State in which solid waste is generated and exported to another State for treatment, disposal, or other disposition, and the term `receiving State' means the State which receives solid waste from another State for treatment, disposal, or other disposition. ``(2) Bans on solid waste importation.--Each State is authorized to enact and enforce laws imposing a ban on the importation into such State of solid waste generated outside such State if-- ``(A) the 5-year period beginning on the date of enactment of this section has expired; and ``(B) the State has an approved or effective solid waste management plan meeting all of the requirements of section 4003. ``(b) Definition.--As used in this section, the term `solid waste' has the meaning provided in section 1004(27) of this Act, except that such term does not include hazardous waste as defined under subtitle C.''. (b) Technical Amendment.--The table of contents for subtitle D of the Solid Waste Disposal Act (contained in section 1001) is amended by adding at the end the following new item: ``4011. State authority to regulate solid waste.''. SEC. 3. STATE SOLID WASTE MANAGEMENT PLANS. (a) Additional Plan Requirements.--(1) Section 4003(a) of the Solid Waste Disposal Act (42 U.S.C. 6943(a)) is amended by striking out paragraph (6) and inserting in lieu thereof the following: ``(6) The plan shall provide that the State, directly or through regional or local planning units as may be established under section 4002(a)(1), shall (A) identify the amount of solid wastes by waste type that are reasonably expected to be generated within the State or accepted from another State during the 10-year period following the date of the enactment of the States Solid Waste Regulatory Authority Act, (B) identify the amount of solid waste to be reduced during such 10-year period through source reduction, recycling, and resource recovery, and (C) establish a process to assure the availability of solid waste treatment, storage, and disposal facilities, including resource recovery and recycling facilities, with capacity adequate to manage all such solid wastes in an environmentally sound manner. In establishing the process to assure the availability of adequate solid waste management capacity, the State shall take into account solid waste management compacts in effect on the date of enactment of the States Solid Waste Regulatory Authority Act that exist within the State and one or more States. ``(7) The plan shall require laws, regulations, and ordinances for development of new and expanded solid waste management facilities necessary to provide adequate capacity, as determined by the process established under paragraph (6), including the establishment of a process for the siting of such facilities and a schedule for the approval and construction of such facilities. To the extent any capacity is provided outside the planning unit, the State shall act to ensure such capacity is available and is identified in the plan. The plan shall reserve to the State authority to take such actions as may be necessary on behalf of a regional or local planning unit, including compacts with other States if appropriate, to assure the availability of such capacity when such planning unit has failed in a timely way to provide adequate capacity for waste volumes identified in the plan pursuant to paragraph (6). ``(8) The plan shall describe solid waste management practices and programs, based on the State's environmental and economic conditions, that promote source reduction and recycling. Such programs shall include public education campaigns, and the plan's description of such programs shall include, but not be limited to, the following areas: ``(A) Coordination among State and local officials, including public education officials. ``(B) Course curriculum development for primary and secondary schools regarding the benefits of and opportunities to participate in source reduction and recycling programs. ``(C) Projects to inform all members of the public and private sectors, including government agencies, institutions, the industrial and business communities, and consumers, of the benefits of and opportunities to participate in source reduction and recycling programs. ``(9) The plan shall identify existing State and regional markets for recyclable materials and actions that the State will take to promote and develop recycling markets. ``(10) The plan shall provide for a program requiring that all solid waste management facilities register with the State and requiring that only registered facilities may manage solid waste identified in the plan. Such registration shall, at a minimum, include the name and address of the owner and operator of the facility, the address of the solid waste management facility, the type of solid waste management used at the facility, and the amounts of solid waste, by type and source, to be managed at the facility. ``(11) The plan shall provide for technical and financial assistance to local communities to meet the requirements of the plan. ``(12) The plan shall specify the conditions under which the State will authorize a person to accept solid waste from other States, for purposes of solid waste management other than transportation, and the conditions shall ensure that such waste is managed in accordance with the plan and that acceptance of such waste will not impede the ability of the State to manage solid waste generated within its borders.''. (2) Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943) is amended by striking out subsection (d) and inserting in lieu thereof the following: ``(d) Waste-To-Energy Facilities.--It is the intention of this Act and the planning process developed pursuant to this Act that determinations regarding the need for or size of waste-to-energy facilities for solid waste management shall not in any way interfere with the achievement, to the maximum extent possible, of the objectives and policies of this Act. ``(e) Additional Plan Provisions.--Any State plan submitted under this subtitle shall include provisions to carry out each of the following unless the State demonstrates, to the satisfaction of the Administrator, that the inclusion of such a provision is not practicable: ``(1) A policy requiring the State and political subdivisions of the State to procure products made with recyclable materials. ``(2) A program to encourage composting of yard waste, agricultural waste, and other waste streams as appropriate. ``(3) A system for curbside pickup of recyclable materials that have been separated at their source, or a system for separation of recyclable materials at recycling facilities, or both. ``(4)(A) A policy requiring-- ``(i) that recyclable materials in solid waste from residences, commercial establishments, and office buildings be separated, to the maximum extent economically practicable, prior to treatment or disposal in solid waste management facilities; and ``(ii) the imposition of a surcharge on tipping fees for any solid waste from commercial establishments or office buildings that (I) is delivered to a landfill, waste-to-energy facility, or waste treatment facility, and (II) from which recyclable materials have not been separated at their source. ``(B) In carrying out the policy of this paragraph, the State shall include the following types of recyclable materials; corrugated cardboard, office paper and paper products, newspaper, glass, plastic materials and products, ferrous and nonferrous metals, yard waste, and beverage containers.''. (b) Plan Approval.--(1) Section 4006 of the Solid Waste Disposal Act (42 U.S.C. 6946) is amended by adding at the end the following: ``(d) Submission of Plans.--Not later than 6 months after the date of enactment of the States Solid Waste Regulatory Authority Act, each State shall, after consultation with interested parties and local governments, submit to the Administrator for approval a plan that complies with the requirements of section 4003(a). ``(e) Failure of the Administrator To Act on a State Plan.--If the Administrator fails to approve or disapprove a plan under section 4007(a) within 6 months after a State plan has been submitted for approval, the State plan as submitted shall become effective at the expiration of 6 months after the date on which such plan was submitted. The plan shall remain in effect as submitted and subject to review by the Administrator and revision in accordance with section 4007(a).''. (2) Section 4007(a) of the Solid Waste Disposal Act (42 U.S.C. 6947(a)) is amended in paragraph (1) and in paragraph (2)(A) by striking out ``and (5)'' and inserting in lieu thereof ``and (5) through (12)''.
States Solid Waste Regulatory Authority Act - Amends the Solid Waste Disposal Act to authorize each State to enact and enforce laws: (1) imposing fees on the treatment, disposal, and other disposition of solid waste; and (2) banning the importation of solid waste beginning five years after enactment of this Act if the State has an approved solid waste management plan. Requires State solid waste management plans to require that the State: (1) identify the amount of solid wastes by waste type that are reasonably expected to be generated within the State or accepted from another State during the ten-year period following enactment of this Act; (2) identify the amount of solid waste to be reduced during such ten-year period through source reduction, recycling, and resource recovery; and (3) assure the availability of solid waste treatment, storage, and disposal facilities. Requires that a State solid waste management plan: (1) require laws, regulations, and ordinances for the development of new and expanded solid waste management facilities; (2) describe solid waste management practices that promote source reduction and recycling; (3) identify existing State and regional markets for recyclable materials and actions that the State will take to develop recycling markets; (4) provide that all solid waste management facilities shall register with the State and that only registered facilities may manage solid waste identified in the plan; (5) provide for technical and financial assistance to local communities to meet plan requirements; and (6) specify the conditions under which the State will authorize a person to accept solid waste from other States. Sets forth additional plan requirements, unless the State demonstrates that their inclusion is impracticable, including: (1) a policy requiring the procurement of recycled products; (2) a program to encourage composting; (3) a system for curbside pickup or separation of recyclable materials; and (4) a policy requiring the separation of recyclable materials prior to treatment or disposal and requiring a surcharge on tipping fees for solid waste from commercial establishments or office buildings that is not source-separated before delivery to waste facilities. Requires States to submit plans for approval.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewing Hope for Haitian Trade and Investment Act of 2010''. SEC. 2. TRADE FACILITATION EFFORTS IN HAITI. The Secretary of Homeland Security, acting through the Commissioner responsible for U.S. Customs and Border Protection, shall commit sufficient resources from U.S. Customs and Border Protection-- (1) to, working with the commercial attache from the United States assigned to Haiti, enhance commercial assistance to facilitate trade between Haiti, the Dominican Republic, and the United States, as envisioned in section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109-432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110-246; 122 Stat. 2289); (2) to facilitate the preclearance of valid cargo destined for the United States from Haiti and promote the efficient and secure movement of articles entering the United States pursuant to such section 213A; and (3) to provide technical assistance and training to the customs service of Haiti to improve production validation and compliance and understanding of the customs procedures of the United States, such as the Electronic Visa Information System. SEC. 3. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. Section 213(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (iii)-- (i) in subclause (II)(cc), by striking ``2010'' and inserting ``2013''; and (ii) in subclause (IV)(dd), by striking ``2010'' and inserting ``2013''; and (B) in clause (iv)(II), by striking ``8'' and inserting ``11''; and (2) in paragraph (5)(D)(i), by striking ``2010'' and inserting ``2013''. SEC. 4. EXTENSION OF VALUE-ADDED RULE OF ORIGIN FOR APPAREL AND OTHER TEXTILE ARTICLES IMPORTED FROM HAITI. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) is amended-- (1) in subsection (a)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The term `applicable 1-year period' means-- ``(i) the initial applicable 1-year period; ``(ii) the 1-year period beginning on the day after the last day of the initial applicable 1-year period; and ``(iii) any 1-year period thereafter.''; and (B) by striking subparagraphs (C) through (F); (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B)-- (I) in clause (iv)(II), by striking ``each of the second, third, fourth, and fifth applicable 1-year periods'' and inserting ``any applicable 1-year period after the initial applicable 1- year period''; and (II) in clause (v)(I)-- (aa) in item (aa), by striking ``, the second applicable 1-year period, and the third applicable 1-year period'' and inserting ``and each applicable 1-year period thereafter through the applicable 1-year period beginning on December 20, 2010''; (bb) in item (bb), by striking ``the fourth applicable 1-year period'' and inserting ``the applicable 1- year period beginning on December 20, 2011''; and (cc) in item (cc), by striking ``the fifth applicable 1-year period'' and inserting ``each applicable 1-year period beginning on or after December 20, 2012''; and (ii) in subparagraph (C)-- (I) by striking the table and inserting the following: ``During: the corresponding percentage is: the initial applicable 1-year period............... 1 percent. each applicable 1-year period after the initial 1.25 percent.''; and applicable 1-year period.......................... (II) in the flush text, by striking ``the last day of the fifth applicable 1-year period'' and inserting ``December 19, 2013''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``9'' and inserting ``13''; and (ii) in subparagraph (B)(iii), by striking ``9'' and inserting ``13''; (3) in subsection (c), by striking ``5-year period'' and inserting ``7-year period''; and (4) in subsection (h), by striking ``2018'' and inserting ``2022''. SEC. 5. HAITI RECOVERY AND INVESTMENT TASK FORCE. (a) In General.--There is established a task force, to be known as the ``Haiti Recovery and Investment Task Force'' (in this section referred to as the ``Task Force''), to-- (1) facilitate-- (A) foreign direct investment in Haiti and the provision of credit and finance for private-sector investment in Haiti, including by reassessing and addressing obstacles to affordable finance and credit for persons seeking to invest in Haiti; (B) the flow of remittances and investment to Haiti by the Haitian-American community in the United States and the Haitian Diaspora; and (C) the provision of grants by international donors and international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)) to the Government of Haiti; and (2) work with the Government of Haiti to ensure that investment in Haiti described in paragraph (1) supports Haiti's long-term development needs and complements strategies developed in Haiti's National Strategy for Growth and the Reduction of Poverty, as set forth in the International Monetary Fund Country Report Number 08/115. (b) Membership.--The Task Force shall be composed of the following officials or their designees: (1) The Secretary of the Treasury, who shall serve as the chairperson of the Task Force. (2) The United States Trade Representative. (3) The Secretary of Commerce. (4) The President of the Overseas Private Investment Corporation. (5) The Chairman of the Export-Import Bank. (c) Administration.--The Task Force shall-- (1) periodically convene public hearings; and (2) establish procedures for the operation of the Task Force that are transparent and encourage public participation. (d) Reports.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Task Force shall submit to Congress a report containing-- (1) an assessment of the progress made by the Task Force in facilitating investment in Haiti and enabling Haiti to attract foreign investment; (2) a description of obstacles to investment in Haiti identified by the Task Force; and (3) any recommendations of the Task Force for enacting or amending laws to facilitate investment in Haiti. (e) Termination Date.--The Task Force shall terminate on the date that is 12 years after the date of the enactment of this Act. SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON THE EFFECTIVENESS OF THE HOPE TRADE PREFERENCES. Not later than May 31, 2010, the Comptroller General of the United States shall submit to Congress a report that-- (1) assesses the effectiveness of the trade preferences under section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109-432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110- 246; 122 Stat. 2289); and (2) makes recommendations for improving those trade preferences, particularly with respect to measures to facilitate the expansion of trade and increased employment in Haiti following the January 2010 earthquake.
Renewing Hope for Haitian Trade and Investment Act of 2010 - Directs the Secretary of Homeland Security (DHS), acting through the Commissioner for U.S. Customs and Border Protection (CBP), to commit sufficient CBP resources to: (1) enhance commercial assistance to promote trade among Haiti, the Dominican Republic, and the United States; (2) facilitate the preclearance of valid cargo from Haiti to the United States; (3) promote the efficient and secure movement of articles entering the United States under the Caribbean Basin Economic Recovery Act (CBERA); and (4) provide technical assistance and training to Haiti's customs service to improve production validation and compliance and understanding of U.S. customs procedures, such as the Electronic Visa Information System. Amends CBERA to extend, in each succeeding one-year period through FY2013 (transition period), the duty-free treatment of certain imported knit apparel articles made in one or more Caribbean Basin Trade Partnership Act (CBTPA) beneficiary countries from yarns wholly formed in the United States. Extends the value-added rule of origin for certain apparel and other textile articles imported from Haiti. Extends, for the initial applicable one-year period, and each one-year period thereafter through FY2022, the duty-free treatment of apparel articles imported directly into the United States from Haiti or the Dominican Republic in amounts not to exceed specified percentages of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period. Extends, through December 20, 2013, the preferential treatment of wire harness automotive components manufactured in Haiti and imported into the United States, provided Haiti meets certain economic and political eligibility requirements. Establishes the Haiti Recovery and Investment Task Force to promote foreign investment in Haiti. Directs the Comptroller General to report to Congress on the effectiveness of the trade preferences provided under the Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2006 (HOPE Act), as amended, as well as recommendations for improving such preferences.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Gambling Impact Study Commission Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the most recent Federal study of gambling in the United States was completed in 1976; (2) legalization of gambling has increased substantially over the past 20 years, and State, local, and Native American tribal governments have established gambling as a source of jobs and additional revenue; (3) the growth of various forms of gambling, including electronic gambling and gambling over the Internet, could affect interstate and international matters under the jurisdiction of the Federal Government; (4) questions have been raised regarding the social and economic impacts of gambling, and Federal, State, local, and Native American tribal governments lack recent, comprehensive information regarding those impacts; and (5) a Federal commission should be established to conduct a comprehensive study of the social and economic impacts of gambling in the United States. SEC. 3. NATIONAL GAMBLING IMPACT STUDY COMMISSION. (a) Establishment of Commission.--There is established a commission to be known as the National Gambling Impact Study Commission (hereinafter referred to in this Act as ``the Commission''). The Commission shall-- (1) be composed of 9 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with the provisions of this Act. (b) Membership.-- (1) In general.--The Commissioners shall be appointed for the life of the Commission as follows: (A) 3 shall be appointed by the President of the United States. (B) 3 shall be appointed by the Speaker of the House of Representatives. (C) 3 shall be appointed by the Majority Leader of the Senate. (2) Persons eligible.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission under section 4. The members may be from the public or private sector, and may include Federal, State, local, or Native American tribal officers or employees, members of academia, non-profit organizations, or industry, or other interested individuals. (3) Consultation required.--The President, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall consult among themselves prior to the appointment of the members of the Commission in order to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission under section 4. (4) Completion of appointments; vacancies.--The President, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall conduct the consultation required under paragraph (3) and shall each make their respective appointments not later than 60 days after the date of enactment of this Act. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 60 days after the vacancy occurs. (5) Operation of the commission.-- (A) Chairmanship.--The President, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall jointly designate one member as the Chairman of the Commission. In the event of a disagreement among the appointing authorities, the Chairman shall be determined by a majority vote of the appointing authorities. The determination of which member shall be Chairman shall be made not later than 15 days after the appointment of the last member of the Commission, but in no case later than 75 days after the date of enactment of this Act. (B) Meetings.--The Commission shall meet at the call of the Chairman. The initial meeting of the Commission shall be conducted not later than 30 days after the appointment of the last member of the Commission, or not later than 30 days after the date on which appropriated funds are available for the Commission, whichever is later. (C) Quorum; voting; rules.--A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have one vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--It shall be the duty of the Commission to conduct a comprehensive legal and factual study of the social and economic impacts of gambling in the United States on-- (A) Federal, State, local, and Native American tribal governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and institutions. (2) Matters to be studied.--The matters studied by the Commission under paragraph (1) shall at a minimum include-- (A) a review of existing Federal, State, local, and Native American tribal government policies and practices with respect to the legalization or prohibition of gambling, including a review of the costs of such policies and practices; (B) an assessment of the relationship between gambling and levels of crime, and of existing enforcement and regulatory practices that are intended to address any such relationship; (C) an assessment of pathological or problem gambling, including its impact on individuals, families, businesses, social institutions, and the economy; (D) an assessment of the impacts of gambling on individuals, families, businesses, social institutions, and the economy generally, including the role of advertising in promoting gambling and the impact of gambling on depressed economic areas; (E) an assessment of the extent to which gambling provides revenues to State, local, and Native American tribal governments, and the extent to which possible alternative revenue sources may exist for such governments; and (F) an assessment of the interstate and international effects of gambling by electronic means, including the use of interactive technologies and the Internet. (b) Report.--No later than 2 years after the date on which the Commission first meets, the Commission shall submit to the President, the Congress, State Governors, and Native American tribal governments a comprehensive report of the Commission's findings and conclusions, together with any recommendations of the Commission. Such report shall include a summary of the reports submitted to the Commission by the Advisory Commission on Intergovernmental Relations and National Research Council under section 7, as well as a summary of any other material relied on by the Commission in the preparation of its report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.-- (1) In general.--The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 4. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (b) Subpoenas.-- (1) In general.--If a person fails to supply information requested by the Commission, the Commission may by majority vote require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out its duties under section 4. The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories.--The Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification.--Each person who submits materials or information to the Commission pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas.--Any subpoena issued by the Commission under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued by the Commission under paragraph (1) or (2), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under section 4. Upon the request of the Commission, the head of such department or agency may furnish such information to the Commission. (d) Information To Be Kept Confidential.--The Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by an individual, entity, or organization under contract to the Commission under section 7 shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. Information obtained by the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except-- (1) to Commission employees or employees of any individual, entity, or organization under contract to the Commission under section 7 for the purpose of receiving, reviewing, or processing such information; (2) upon court order; or (3) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose-- (A) the identity of any person or business entity; or (B) any information which could not be released under section 1905 of title 18, United States Code. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government, or whose compensation is not precluded by a State, local, or Native American tribal government position, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for Level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for Level V of the Executive Schedule under section 5316 of such title. SEC. 7. CONTRACTS FOR RESEARCH. (a) Advisory Commission on Intergovernmental Relations.-- (1) In general.--In carrying out its duties under section 4, the Commission shall contract with the Advisory Commission on Intergovernmental Relations for-- (A) a thorough review and cataloging of all applicable Federal, State, local, and Native American tribal laws, regulations, and ordinances that pertain to gambling in the United States; and (B) assistance in conducting the studies required by the Commission under section 4(a), and in particular the review and assessments required in subparagraphs (A), (B), and (E) of paragraph (2) of such section. (2) Report required.--The contract entered into under paragraph (1) shall require that the Advisory Commission on Intergovernmental Relations submit a report to the Commission detailing the results of its efforts under the contract no later than 15 months after the date upon which the Commission first meets. (b) National Research Council.-- (1) In general.--In carrying out its duties under section 4, the Commission shall contract with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under section 4(a), and in particular the assessment required under subparagraph (C) of paragraph (2) of such section. (2) Report required.--The contract entered into under paragraph (1) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts under the contract no later than 15 months after the date upon which the Commission first meets. (c) Other Organizations.--Nothing in this section shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the Commission's duties under section 4. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) Gambling.--The term ``gambling'' means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States. Such term includes any casino game, parimutuel betting, sports-related betting, lottery, pull-tab game, slot machine, any type of video gaming, computerized wagering or betting activities (including any such activity conducted over the Internet), and philanthropic or charitable gaming activities. (2) Native american tribal government.--The term ``Native American tribal government'' means an Indian tribe, as defined under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(5)). (3) State.--The term ``State'' means 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. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission, the Advisory Commission on Intergovernmental Relations, and the National Academy of Sciences such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. (b) Limitation.--No payment may be made under section 6 or 7 of this Act except to the extent provided for in advance in an appropriation Act. SEC. 10. TERMINATION OF THE COMMISSION. The Commission shall terminate 60 days after the Commission submits the report required under section 4(b). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
National Gambling Impact Study Commission Act - Establishes the National Gambling Impact Study Commission to conduct a comprehensive legal and factual study of the social and economic impacts of gambling in the United States on: (1) Federal, State, local, and Native American tribal governments; and (2) communities and social institutions generally, including individuals, families, and businesses within such communities and institutions. Mandates a report to the President, the Congress, State Governors, and Native American tribal governments. Requires the Commission to contract with the Advisory Commission on Intergovernmental Relations and the National Research Council of the National Academy of Sciences for assistance with the study. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health, Safety, and Security of Peace Corps Volunteers Act of 2004''. SEC. 2. OMBUDSMAN OF THE PEACE CORPS. The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by inserting after section 4 the following new section: ``SEC. 4A. OMBUDSMAN OF THE PEACE CORPS. ``(a) Establishment.--There is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the `Office'). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the `Ombudsman'), who shall be appointed by and report directly to the Director of the Peace Corps. ``(b) Volunteer Complaints and Other Matters.--The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to-- ``(1) the safety and security of volunteers; ``(2) due process, including processes relating to separation from the Peace Corps; ``(3) benefits and assistance that may be due to current or former volunteers; ``(4) medical or other health-related assistance; and ``(5) access to files and records of current or former volunteers. ``(c) Employee Complaints and Other Matters.--The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. ``(d) Additional Duties.--The Ombudsman shall-- ``(1) recommend responses to individual matters received under subsections (b) and (c); ``(2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; ``(3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and ``(4) call attention to problems not yet adequately considered by the Peace Corps. ``(e) Standards of Operation.--The Ombudsman shall carry out the duties under this section in a manner that is-- ``(1) independent, impartial in the conduct of inquiries, and confidential; and ``(2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. ``(f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation.--The Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. ``(g) Reports.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of-- ``(A) the complaints, questions, and concerns considered by the Ombudsman; ``(B) the inquiries completed by the Ombudsman; ``(C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and ``(D) any other matters that the Ombudsman considers relevant. ``(2) Confidentiality.--Each report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). ``(h) Definition.--In this section, the term `employee' means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.''. SEC. 3. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS. The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by section 2 of this Act, is further amended by inserting after section 4A the following new section: ``SEC. 4B. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS. ``(a) Establishment.--There is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the `Office'). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. ``(b) Responsibilities.--The Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. ``(c) Sense of Congress.--It is the sense of Congress that-- ``(1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and ``(2) each country security coordinator-- ``(A) should be under the supervision of the Peace Corps country director in each such country; ``(B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; ``(C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and ``(D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.''. SEC. 4. OFFICE OF MEDICAL SERVICES OF THE PEACE CORPS. (a) Report on Medical Screening and Placement Coordination.--Not later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that-- (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of-- (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons. (b) Definition.--In subsection (a), the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Full Time Director of Medical Services.--Section 4(c) of the Peace Corps Act (22 U.S.C. 2503(c)) is amended by adding at the end the following new paragraph: ``(5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps.''. SEC. 5. REPORTS ON THE ``FIVE YEAR RULE'' AND ON WORK ASSIGNMENTS OF VOLUNTEERS OF THE PEACE CORPS. (a) Report by the Comptroller General.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act (22 U.S.C. 2506) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents.--The report described in paragraph (1) shall include-- (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act (22 U.S.C. 2501(a)), ``promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people''; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation. (b) Report on Work Assignments of Volunteers.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents.--The report described in paragraph (1) shall include-- (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases. (c) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 6. INSPECTOR GENERAL OF THE PEACE CORPS. (a) Establishment of Independent Inspector General.-- (1) In general.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 8G(a)(2), by striking ``, the Peace Corps''; (B) in section 9(a)(1), by adding at the end the following new subparagraph: ``(X) of the Peace Corps, the office of that agency referred to as the `Office of Inspector General'; and''; and (C) in section 11-- (i) in paragraph (1), by striking ``or the Office of Personnel Management'' and inserting ``the Office of Personnel Management, or the Peace Corps''; and (ii) in paragraph (2), by inserting ``, the Peace Corps'' after ``the Office of Personnel Management''. (2) Technical amendment.--Section 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``and'' at the end. (b) Temporary Appointment.--The Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section. (c) Exemption From Employment Term Limits Under the Peace Corps Act.-- (1) In general.--Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended-- (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: ``(c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to-- ``(1) the Inspector General of the Peace Corps; ``(2) officers of the Office of the Inspector General of the Peace Corps; ``(3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; ``(4) the head of the office responsible for medical services of the Peace Corps; or ``(5) any health care professional within the office responsible for medical services of the Peace Corps.''. (2) Conforming amendment.--The first proviso of section 15(d)(4) of the Peace Corps Act (22 U.S.C. 2514(d)(4)) is amended by striking ``7(c)'' and inserting ``7(b)''. (d) Compensation.--Section 7 of the Peace Corps Act (22 U.S.C. 2506), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: ``(d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. Passed the House of Representatives June 1, 2004. Attest: JEFF TRANDAHL, Clerk.
Health, Safety, and Security of Peace Corps Volunteers Act of 2004 - (Sec. 2) Amends the Peace Corps Act to establish in the Peace Corps the Office of the Ombudsman of the Peace Corps, which shall administer complaints or concerns regarding services or support provided by the Peace Corps to its current or former volunteers, including matters respecting: (1) safety and security; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance; (4) medical or other health-related assistance; and (5) access to files and records. States that the Ombudsman shall: (1) administer current and former employee complaints; (2) be prohibited from involvement in matters subject to ongoing adjudication, litigation, or investigation; and (3) report semiannually to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress regarding such duties. (Sec. 3) Establishes the Office of Safety and Security of the Peace Corps, which shall headed by the Associate Director of Safety and Security of the Peace Corps. States that the Office shall be responsible for safety and security activities of the Peace Corps, including background checks, volunteer, staff, and facilities safety, and information technology security. Expresses the sense of Congress that: (1) the Associate Director of Safety and Security of the Peace Corps should assign a Peace Corps country security coordinator for each country where the Peace Corps has a volunteer program; and (2) each country security coordinator should be under the supervision of the appropriate Peace Corps country director, should report directly to the Associate Director of Safety and Security of the Peace Corps, and should be a United States citizen who has access to information, including classified information, relating to possible threats against Peace Corps volunteers. (Sec. 4) Requires specified reports respecting Peace Corps: (1) medical services; (2) volunteer assignment; and (2) employment duration. (Sec. 6) Amends the Inspector General Act of 1978 to provide for the appointment of an Office of Inspector General for the Peace Corps.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Distracted Driving Prevention Act of 2015''. SEC. 2. DISTRACTED DRIVING GRANTS. (a) In General.--Section 405(e) of title 23, United States Code, is amended-- (1) in paragraph (1) by striking ``in paragraphs (2) and (3)'' and inserting ``in paragraphs (2), (3), and (4)''; (2) in paragraph (2)(C)-- (A) in clause (i) by striking ``fine'' and inserting ``penalty''; and (B) in clause (ii) by striking ``fines'' and inserting ``penalties''; (3) in paragraph (3)-- (A) in subparagraph (B) by striking ``offense;'' and inserting ``offense; and''; (B) by striking subparagraph (C); (C) by redesignating subparagraph (D) as subparagraph (C); and (D) in subparagraph (C) (as redesignated by subparagraph (C) of this paragraph)-- (i) in clause (i) by striking ``fine'' and inserting ``penalty''; and (ii) in clause (ii) by striking ``fines'' and inserting ``penalties''; (4) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (5) by inserting after paragraph (3) the following: ``(4) Prohibition on handheld cell phone use while driving.--A State statute meets the requirements set forth in this paragraph if the statute-- ``(A) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; ``(B) allows the use of a hands-free device by a driver, other than a driver who has not attained the age of 18 years, for initiating, conducting, or receiving a telephone call; ``(C) makes violation of the law a primary offense; and ``(D) establishes-- ``(i) a minimum penalty for a first violation of the law; and ``(ii) increased penalties for repeat violations.''; (6) in paragraph (5) (as redesignated by paragraph (4) of this subsection) by striking ``in paragraphs (2) and (3)'' and inserting ``in paragraphs (2), (3), and (4)''; and (7) in paragraph (10) (as redesignated by paragraph (4) of this subsection)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) Penalty.--The term `penalty' means-- ``(i) a fine; ``(ii) a number of points to be included on a driver's record; or ``(iii) an action taken by a State that is substantially similar to including points on a driver's record.''. (b) Applicability.--The amendments made in subsection (a) shall take effect on October 1 of the first fiscal year beginning after the date of enactment of this Act. SEC. 3. RESEARCH PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a research program to study distracted driving by motor vehicle drivers. (b) Scope.--The program established under subsection (a) shall include studies with respect to-- (1) driver behavior; (2) vehicle technology; and (3) portable electronic devices that are commonly brought into motor vehicles. (c) Research Agreements.-- (1) In general.--In carrying out this section, the Secretary may grant research contracts to nongovernmental entities to study distracted driving. (2) Limitations.--The Secretary may not grant a research contract under this section to any person that produces or sells-- (A) electronic equipment that is used in motor vehicles; (B) portable electronic equipment commonly brought into motor vehicles; or (C) motor vehicles. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the program established under subsection (a). SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that identifies-- (1) data the Commission can collect and analyze that will assist in understanding and reducing the problem of distracted driving involving the use of personal wireless communications devices; (2) existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving; and (3) existing authority that the Commission may use to assist in reducing problems associated with distracted driving.
Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Community and Rural Air Service Revitalization Act of 2003''. SEC. 2. REAUTHORIZATION OF ESSENTIAL AIR SERVICE PROGRAM. Section 41742(a) of title 49, United States Code, is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to the Secretary of Transportation to carry out the essential air service under this subchapter, $113,000,000 for each of fiscal years 2004 through 2007, $50,000,000 of which for each such year shall be derived from amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided to the Administration.''. SEC. 3. INCENTIVE PROGRAM. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--MARKETING INCENTIVE PROGRAM ``Sec. 41781. Purpose. ``Sec. 41782. Marketing program. ``Sec. 41783. State marketing assistance. ``Sec. 41784. Definitions. ``Sec. 41785. Authorization of appropriations. ``Sec. 41781. Purposes ``The purposes of this subchapter are-- ``(1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible place by providing technical, financial, and other marketing assistance to such communities and to States; ``(2) to reduce subsidy costs under subchapter II of this chapter as a consequence of such increased usage; and ``(3) to provide such communities with opportunities to obtain, retain, and improve transportation services. ``Sec. 41782. Marketing program ``(a) In General.--The Secretary of Transportation shall establish a marketing incentive program for eligible essential air service communities receiving assistance under subchapter II under which the airport sponsor in such a community may receive a grant of not more than $50,000 to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities. ``(b) Matching Requirement; Success Bonuses-- ``(1) In general.--Except as provided in paragraphs (2) and (3), not less than 25 percent of the publicly financed costs associated with the marketing plan shall come from non-Federal sources. For purposes of this paragraph-- ``(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and ``(B) State or local matching contributions may not be derived, directly or indirectly, from Federal funds, but the use by a state or local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or indirectly from Federal funds, without regard to the Federal income tax treatment of interest paid on those bonds or the Federal income tax treatment of those bonds. ``(2) Bonus for 25-percent increase in usage.--Except as provided in paragraph (3), if, after any 12-month period during which a marketing plan has been in effect, the Secretary determines that the marketing plan has increased average monthly boardings, or the level of passenger usage, at the airport facilities at the eligible place, by 25 percent or more, then only 10 percent of the publicly financed costs associated with the marketing plan shall be required to come from non-Federal sources for the following 12-month period. ``(3) Bonus for 50-percent increase in usage.--If, after any 12-month period during which a marketing plan has been in effect, the Secretary determines that the marketing plan has increased average monthly boardings, or the level of passenger usage, at the airport facilities at the eligible place, by 50 percent or more, then no portion of the publicly financed costs associated with the marketing plan shall be required to come from non-Federal sources for the following 12-month period. ``Sec. 41783. State marketing assistance The Secretary of Transportation may provide up to $50,000 in technical assistance to any State within which an eligible essential air service community is located for the purpose of assisting the State and such communities to develop methods to increase boardings in such communities. At least 10 percent of the costs of the activity with which the assistance is associated shall come from non-Federal sources, including contributions in kind. ``Sec. 41784. Definitions ``In this subchapter: ``(1) Eligible place.--The term `eligible place' has the meaning given that term in section 41731(a)(1). ``(2) Eligible essential air service community.--The term `eligible essential air service community' means an eligible place that-- ``(A) submits an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including a detailed marketing plan, or specifications for the development of such a plan, to increase average boardings, or the level of passenger usage, at its airport facilities; and ``(B) provides assurances, satisfactory to the Secretary, that it is able to meet the non-Federal funding requirements of section 41782(b)(1). ``(3) Passenger boardings.--The term `passenger boardings' has the meaning given that term by section 47102(10). ``(4) Sponsor.--The term `sponsor' has the meaning given that term in section 47102(19). ``Sec. 41785. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Transportation $12,000,000 for each of fiscal years 2004 through 2007, not more than $200,000 per year of which may be used for administrative costs.''. (b) Conforming Amendment.--The chapter analysis for chapter 417 of such title is amended by inserting after the item relating to section 41767 the following: ``subchapter iv--marketing incentive program ``41781. Purpose. ``41782. Marketing program. ``41783. State marketing assistance. ``41784. Definitions. ``41785. Authorization of appropriations.''. SEC. 4. PILOT PROGRAMS. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41745. Other pilot programs ``(a) In General.--If the entire amount authorized to be appropriated to the Secretary of Transportation by section 41785 is appropriated for fiscal years 2004 through 2007, the Secretary of Transportation shall establish pilot programs that meet the requirements of this section for improving service to communities receiving essential air service assistance under this subchapter or consortia of such communities. ``(b) Programs Authorized.-- ``(1) Community flexibility.--The Secretary shall establish a pilot program for not more than 10 communities or consortia of communities under which the airport sponsor of an airport serving the community or consortium may elect to forego any essential air service assistance under preceding sections of this subchapter for a 10-year period in exchange for a grant from the Secretary equal in value to twice the annual essential air service assistance received for the most recently ended calendar year. Under the program, and notwithstanding any provision of law to the contrary, the Secretary shall make a grant to each participating sponsor for use by the recipient for any project that-- ``(A) is eligible for assistance under chapter 471; ``(B) is located on the airport property; or ``(C) will improve airport facilities in a way that would make such facilities more usable for general aviation. ``(2) Equipment changes.-- ``(A) In General.--The Secretary shall establish a pilot program for not more than 10 communities or consortia of communities under which, upon receiving a petition from the sponsor of the airport serving the community or consortium, the Secretary shall authorize and request the essential air service provider for that community or consortium to use smaller equipment to provide the service and to consider increasing the frequency of service using such smaller equipment. Before granting any such petition, the Secretary shall determine that passenger safety would not be compromised by the use of such smaller equipment. ``(B) Alternative services.--For any 3 aiport sponsors participating in the program established under subparagraph (A), the Secretary may establish a pilot program under which-- ``(i) the Secretary provides 100 percent Federal funding for reasonable levels of alternative transportation services from the eligible place to the nearest hub airport or small hub airport; ``(ii) the Secretary will authorize the sponsor to use its essential air service subsidy funds provided under preceding sections of this subchapter for any airport-related project that would improve airport facilities; and ``(iii) the sponsor may make an irrevocable election to terminate its participation in the pilot program established under this paragraph after 1 year. ``(3) Cost-sharing.--The Secretary shall establish a pilot program under which the sponsors of airports serving a community or consortium of communities share the cost of providing air transportation service greater than the basic essential air service provided under this subchapter. ``(4) EAS local participation program.-- ``(A) In general.--The Secretary of Transportation shall establish a pilot program under which designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air service subsidy costs for a 3-year period. ``(B) Designation of communities.-- ``(i) In general.--The Secretary may not designate any community under this paragraph unless it is located within 100 miles by road of a hub airport and is not located in a noncontiguous State. In making the designation, the Secretary may take into consideration the total traveltime between a community and the nearest hub airport, taking into account terrain, traffic, weather, road conditions, and other relevant factors. ``(ii) One community per state.--The Secretary may not designate-- ``(I) more than 1 community per State under this paragraph; or ``(II) a community in a State in which another community that is eligible to participate in the essential air service program has elected not to participate in the essential air service program. ``(C) Appeal of designation.--A community may appeal its designation under this section. The Secretary may withdraw the designation of a community under this paragraph based on-- ``(i) the airport sponsor's ability to pay; or ``(ii) the relative lack of financial resources in a community, based on a comparison of the median income of the community with other communities in the State. ``(D) Non-federal share.-- ``(i) Non-federal amounts.--For purposes of this section, the non-Federal portion of the essential air service subsidy may be derived from contributions in kind, or through reduction in the amount of the essential air service subsidy through reduction of air carrier costs, increased ridership, pre- purchase of tickets, or other means. The Secretary shall provide assistance to designated communities in identifying potential means of reducing the amount of the subsidy without adversely affecting air transportation service to the community. ``(ii) Application with other matching requirements.--This section shall apply to the Federal share of essential air service provided this subchapter, after the application of any other non-Federal share matching requirements imposed by law. ``(E) Eligibility for other programs not affected.--Nothing in this paragraph affects the eligibility of a community or consortium of communities, an airport sponsor, or any other person to participate in any program authorized by this subchapter. A community designated under this paragraph may participate in any program (including pilot programs) authorized by this subchapter for which it is otherwise eligible-- ``(i) without regard to any limitation on the number of communities that may participate in that program; and ``(ii) without reducing the number of other communities that may participate in that program. ``(F) Secretary to report to congress on impact.-- The Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on-- ``(i) the economic condition of communities designated under this paragraph before their designation; ``(ii) the impact of designation under this paragraph on such communities at the end of each of the 3 years following their designation; and ``(iii) the impact of designation on air traffic patterns affecting air transportation to and from communities designated under this paragraph. ``(c) Code-sharing.--Under the pilot program established under subsection (a), the Secretary is authorized to require air carriers providing service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports (as defined in section 41731(a)(3)) to participate in multiple code-share arrangements consistent with normal industry practice whenever and wherever the Secretary determines that such multiple code-sharing arrangements would improve air transportation services. The Secretary may not require air carriers to participate in such arrangements under this subsection for more than 10 such communities. ``(d) Track Service.--The Secretary shall require essential air service providers to track changes in service, including on-time arrivals and departures. ``(e) Administrative Provisions.--In order to participate in a pilot program established under this section, the airport sponsor for a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require.''. (b) Conforming Amendment.--The chapter analysis for chapter 417 of such title is amended by inserting after the item relating to section 41744 the following: ``41745. Other pilot programs''. SEC. 5. EAS PROGRAM AUTHORITY CHANGES. (a) Rate renegotiation.--If the Secretary of Transportation determines that essential air service providers are experiencing significantly increased costs of providing service under subchapter II of chapter 417 of title 49, United States Code, the Secretary of Transportation may increase the rates of compensation payable under that subchapter within 30 days after the date of enactment of this Act without regard to any agreements or requirements relating to the renegotiation of contracts. For purposes of this subsection, the term ``significantly increased costs'' means an average monthly cost increase of 10 percent or more. (b) Returned Funds.--Notwithstanding any provision of law to the contrary, any funds made available under subchapter II of chapter 417 of title 49, United States Code, that are returned to the Secretary by an airport sponsor because of decreased subsidy needs for essential air service under that subchapter shall remain available to the Secretary and may be used by the Secretary under that subchapter to increase the frequency of flights at that airport. (c) Small Community Air Service Development Pilot Program.--Section 41743(h) of such title is amended by striking ``an airport'' and inserting ``each airport''.
Small Community and Rural Air Service Revitalization Act of 2003 - Amends Federal transportation law to reauthorize the essential air service (EAS) program through FY 2007. Directs the Secretary of Transportation to establish a marketing incentive program for eligible EAS communities receiving assistance under which the airport sponsor in such a community may receive a grant of not more than $50,000 to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities. Authorizes the Secretary to provide up to $50,000 in technical assistance to any State within which an eligible EAS community is located to assist them to develop methods to increase passenger boardings. Directs the Secretary to establish certain pilot programs if the entire amount authorized to be appropriated for EAS pilot programs is appropriated for FY 2004 through 2007. Specifies among such pilot programs: (1) one for up to ten communities or consortia of communities under which an airport sponsor may elect to forego any EAS assistance for a ten-year period in exchange for a grant equal to twice the annual EAS assistance received for the most recently ended calendar year; and (2) one for up to ten communities or consortia under which, upon receiving the airport sponsor's petition, the Secretary shall authorize and request the EAS provider to use smaller equipment and consider increasing the frequency of service using such equipment. Requires the Secretary, subject to the same condition, to establish pilot programs under which: (1) airport sponsors share the cost of providing air transportation service greater than basic EAS; and (2) designated EAS communities located in proximity to hub airports are required to assume ten percent of their EAS subsidy costs for a three-year period. Authorizes the Secretary to increase the rates of compensation payable without regard to any agreements or requirements relating to the renegotiation of contracts, if essential air service providers are experiencing significantly increased costs of providing service (an average monthly cost increase of ten percent or more).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Board Improvement Act of 1999''. SEC. 2. SCOPE OF AUTHORITY; EMPLOYEE PROTECTIVE ARRANGEMENTS. (a) Scope of Authority.--Section 11321 of title 49, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a)(1) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own, and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. ``(2) Subject to paragraph (3), a rail carrier, corporation, or person participating in an approved or exempted transaction described in paragraph (1) is exempt from State and municipal laws to the extent that the laws regulate combinations, mergers, or consolidations of rail carriers, as necessary to permit that rail carrier, corporation, or person to-- ``(A) carry out the transaction; and ``(B) hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. ``(3)(A) If a purchase and sale, a lease, or a corporate consolidation or merger is involved in a transaction described in paragraph (1), the carrier, or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. ``(B) To meet the requirements of this paragraph-- ``(i) a vote referred to in subparagraph (A) shall occur at a regular meeting, or special meeting called for that purpose, of the stockholders referred to in that subparagraph; and ``(ii) the notice of the meeting shall indicate its purpose.''; and (2) by adding at the end the following: ``(c) The Board shall not, under any circumstances, have the authority under this subchapter to-- ``(1) break, modify, alter, override, or abrogate, in whole or in part, any provision of any collective bargaining agreement or implementing agreement made between the rail carrier and an authorized representative of the employees of the rail carrier under the Railway Labor Act (45 U.S.C. 151 et seq.); or ``(2) provide the authority described in paragraph (1) to any other person, carrier or corporation.''. (b) Employee Protective Arrangements.--Section 11326 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: ``(a)(1) Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 11347 of this title, as in effect on the day before December 29, 1995. ``(2) The arrangement and the order approving a transaction referred to in paragraph (1) shall be subject to the following conditions: ``(A) The employees of the affected rail carrier shall not be in a worse position related to their employment as a result of the transaction during the 6-year period beginning on the date on which the employee is adversely affected by an action taken by the affected rail carrier as a result of the transaction (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period). ``(B)(i) The rail carrier and the authorized representatives of the rail carrier's employees shall negotiate under the Railway Labor Act any arrangement regarding the selection of forces or assignment of employees caused by the Board's order of approval under sections 11324 or 11325. ``(ii) Arbitration of the proposed arrangement may only occur if both parties agree to that process. ``(iii) The Board shall not intervene in the negotiations or arbitration under this subparagraph unless requested to do so by both parties involved. ``(iv) The Board shall not, under any circumstances, have the authority under this subchapter to-- ``(I) break, modify, alter, override, or abrogate, in whole or in part, any provision in any collective bargaining agreements or implementing agreements made between the rail carrier and an authorized representative of its employees under the Railway Labor Act; or ``(II) provide the authority described in subclause (I) to any other person, carrier, or corporation. ``(3) Beginning on the date of the enactment of the Surface Transportation Board Improvement Act of 1999, this subsection shall apply to any transaction proposed by a rail carrier under conditions previously imposed by the former Interstate Commerce Commission or the Surface Transportation Board under-- ``(A) section 5(2)(f) of the Interstate Commerce Commission Act before October 1, 1978; ``(B) section 11347 of this title, before December 29, 1995; or ``(C) this section.''.
Revises certain requirements to subject employee protective arrangements to specified conditions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eurasia Foundation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) There has been established in the District of Columbia a private, nonprofit corporation known as the Eurasia Foundation (hereafter in this Act referred to as the ``Foundation''), which is not an agency or establishment of the United States Government. (2) In recognition of the valuable contributions of the Foundation to long-range United States foreign policy interests, the United States Government has, through the United States Agency for International Development and the Department of State, provided financial support for the Foundation. (3) It is in the interest of the United States, and the further strengthening of cooperation with the countries of Eurasia, to establish a more permanent mechanism for United States Government financial support for the ongoing activities of the Foundation, while preserving the independent character of the Foundation. (b) Purposes.--The purposes of the Foundation are-- (1) to promote civil society, private enterprise, and sound public administration and policy in the countries of Eurasia and in lending encouragement and assistance to citizens of such countries in their own efforts to develop more open, just, and democratic societies; (2) to strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with and supportive of long-term United States interests with respect to the countries of Eurasia; and (3) to conduct programs in response to initiatives in the countries of Eurasia that would be difficult or impossible for an official United States entity, and, as a result of its position in the countries of Eurasia, to respond quickly and flexibly to meet new opportunities. SEC. 3. GRANTS TO THE FOUNDATION. (a) Grants Required.-- (1) In general.--The Secretary of State shall make an annual grant to the Foundation to enable the Foundation to carry out its purposes as specified in section 2(b). (2) Additional requirements.--Each grant required under paragraph (1)-- (A) shall be made with funds specifically appropriated for grants to the Foundation; and (B) shall be made pursuant to a grant agreement between the Secretary and the Foundation which-- (i) requires that grant funds will only be used for activities the Board of Directors of the Foundation determines are consistent with the purposes described in section 2(b), and that the Foundation will otherwise comply with the requirements of this Act; and (ii) may not require the Foundation to comply with requirements other than those specified in this Act. (b) Use of Funds.--The Foundation may use funds received under a grant described in subsection (a) to carry out the purposes described in section 2(b). (c) Rule of Construction.--Nothing in this Act shall be construed to make the Foundation an agency or establishment of the United States Government or to make the members of the Board of Directors of the Foundation, or the officers or employees of the Foundation, officers or employees of the United States. (d) Oversight.--The Foundation and its grantees shall be subject to the appropriate oversight procedures of Congress. (e) Other Funding.--The Foundation shall have authority to accept funding from non-United States Government sources to complement United States Government funding. (f) Sense of Congress.--It is the sense of Congress that-- (1) a robust Foundation, funded at the levels authorized under section 6 of this Act, and at appropriate levels in subsequent fiscal years, can contribute significantly to the political, economic, and social development of democracy and human rights in the countries of Eurasia; (2) notwithstanding the Foundation's distinguished record of performance, organizations that seek competitive grants typically perform in a more transparent and effective manner; and (3) to the maximum extent possible, the Foundation should seek competitive grants to supplement appropriations from the United States Government, and at least 20 percent of the funding received in each fiscal year by the Foundation should be from non-United States Government sources to ensure continued strong performance of the Foundation. SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. (a) Compliance With Statutory Requirements.--Grants may be made to the Foundation under this Act only if the Foundation agrees to comply with the requirements specified in this section and elsewhere in this Act. (b) Funding for Covered Programs Only.--The Foundation may provide funding only for programs that are consistent with the purposes set forth in section 2(b). (c) Compensation for Officers and Employees of the Foundation.--If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Foundation, that individual may not receive any compensation or travel expenses in connection with service performed for the Foundation. (d) Prohibition Respecting Financial Matters.--The Foundation shall not issue any shares of stock or declare or pay any dividends. No part of the assets of the Foundation shall inure to the benefit of any member of the Board of Directors of the Foundation, any officer or employee of the Foundation, or any other individual, except as salary or reasonable compensation for expenses incurred in the performance of duties to the Foundation. (e) Audit of Accounts; Reporting Requirements.-- (1) Audit of accounts.--The accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. (2) Reporting requirements.--The report of each such independent audit shall be included in the annual report required by subsection (h) of this section. The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Foundation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Foundation's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f) Audit of Financial Transactions.-- (1) Audit of financial transactions.--The financial transactions of the Foundation for each fiscal year may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. (2) Reporting requirements.--A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Foundation, together which such recommendations with respect thereto as the Comptroller General may deem advisable. A copy of each report shall be furnished to the President and to the Foundation at the time submitted to the Congress. (g) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Foundation shall ensure that each recipient of assistance provided through the Foundation under this Act keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) Audit and examination of books.--The Foundation shall ensure that it, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this Act. The Comptroller General of the United States or any duly authorized representative of the Comptroller General shall also have access thereto for such purpose. (h) Annual Report; Testimony Relating to Report.-- (1) Annual report.-- (A) In general.--Not later than March 31 of each year, the Foundation shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress. (B) Contents.--The report required under subparagraph (A) shall include a comprehensive and detailed report of the Foundation's operations, activities, financial condition, and accomplishments under this Act and may include such recommendations as the Foundation deems appropriate. The report should also include any information regarding allegations or reports on the misuse of funds and how such allegations or reports were addressed by the Foundation. (2) Testimony relating to report.--The Board members and officers of the Foundation shall be available to testify before appropriate committees of the Congress with respect to the report required under paragraph (1), the report of any audit made by the Comptroller General of the United States pursuant to subsection (f) of this section, or any other matter which any such committees may determine. (i) Grantee; Conflict of Interest.--A member of the Board of Directors of the Foundation who serves as a member of the board of directors or an officer of a grantee of the Foundation may not receive compensation for their services but shall be entitled to reimbursement for travel and other expenses incurred by them in connection with their duties on behalf of such grantee. SEC. 5. AGREEMENT BETWEEN FOUNDATION AND SUCCESSOR OR RELATED ENTITY TO THE U.S. RUSSIA INVESTMENT FUND. (a) Agreement Required.--The Foundation and any successor or related entity to the U.S. Russia Investment Fund shall enter into a memorandum of understanding for the purpose of coordinating activities carried out by the Foundation and the successor or related entity. The memorandum of understanding shall include language that prohibits the same entities from carrying out the same activities. (b) Deadline.--The memorandum of understanding described in subsection (a) shall be entered into between the Foundation and the successor or related entity described in subsection (a) by not later than the later of the following: (1) If the successor or related entity is established on or before the date of the enactment of this Act, 90 days after the date of the enactment of this Act. (2) If the successor or related entity is established after the date of the enactment of this Act, 90 days after the date on which the entity is established. (c) Submission to Secretary of State and Congress.--The Foundation and the successor or related entity described in subsection (a) shall submit to the Secretary of State and Congress a copy of the memorandum of understanding described in subsection (a) not later than 30 days after the date on which the parties enter into the memorandum of understanding. (d) Limitations.--For the period beginning on the date on which the successor or related entity described in subsection (a) is established, or the date of the enactment of this Act, whichever occurs later, and ending on the date on which the memorandum of understanding described in subsection (a) is entered into-- (1) United States assistance may not be provided to the Foundation under any other provision of law; and (2) funds may not be transferred from the U.S. Russia Investment Fund to the successor or related entity or placed in a trust on behalf of the successor or related entity. (e) Successor or Related Entity to the U.S. Russia Investment Fund Defined.--In this section, the term ``successor or related entity to the U.S. Russia Investment Fund'' or ``successor or related entity'' means any organization, corporation, limited-liability partnership, foundation, or other corporate structure that receives any or all of the remaining funds of the U.S. Russia Investment Fund after liquidation of assets upon closure of the U.S. Russia Investment Fund. SEC. 6. COUNTRIES OF EURASIA DEFINED. In this Act, the term ``countries of Eurasia'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriation under subsection (a) are authorized to remain available for 2 years from the end of the fiscal year for which the amount was appropriated. Passed the House of Representatives November 5, 2007. Attest: LORRAINE C. MILLER, Clerk.
Eurasia Foundation Act - (Sec. 3) Directs the Secretary of State to make an annual grant to the Eurasia Foundation to: (1) promote civil society, private enterprise, and public administration and policy in the countries of Eurasia; (2) strengthen indigenous institutions that foster national development, social change, economic growth, and cooperative international relationships consistent with U.S. interests in Eurasia; and (3) conduct programs in the region that would be difficult or impossible for an official U.S. entity. Expresses the sense of Congress that: (1) an appropriately funded Foundation can contribute significantly to the political, economic, and social development of democracy and human rights in the countries of Eurasia; (2) organizations that seek competitive grants typically perform in a more transparent and effective manner; and (3) the Foundation should seek competitive grants to supplement federal appropriations. (Sec. 4) Sets forth grant eligibility provisions. (Sec. 5) Directs the Foundation and any successor or related entity to the U.S. Russia Investment Fund (as defined by this Act) to enter into a memorandum of understanding for the purpose of coordinating activities carried out by the Foundation and the successor or related entity. (Sec. 6) Defines "countries of Eurasia" as Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. (Sec. 7) Authorizes FY2008-FY2009 appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``YES to Cures Act of 2014''. SEC. 2. FUNDING RESEARCH BY EMERGING SCIENTISTS THROUGH COMMON FUND. (a) Use of Funds.--Section 402(b)(7)(B) of the Public Health Service Act (42 U.S.C. 282) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) shall, with respect to funds reserved under section 402A(c)(1)(C) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A) and is carried out by one or more emerging scientists (as defined in section 402A(c)(1)(C)(iv)); and''. (b) Reservation of Funds.--Section 402A(c)(1) of the Public Health Service Act (42 U.S.C. 282a(c)(1)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Additional reservation for research by emerging scientists.-- ``(i) Inapplicability of tap for evaluation activities.--Beginning with fiscal year 2015, funds appropriated to the National Institutes of Health shall not be subject to section 241. ``(ii) Reservation.--In addition to the amounts reserved for the Common Fund under subparagraph (B) and amounts appropriated to the Common Fund under subsection (a)(2), the Director of NIH shall reserve an amount for the Common Fund for fiscal year 2015 and each subsequent fiscal year that is equal to the amount that, but for clause (i), would be made available under section 241 for evaluation activities for such fiscal year. ``(iii) Purpose of reservation.--Amounts reserved under clause (ii) shall be used for the purpose of carrying out section 402(b)(7)(B)(ii) (relating to the conduct and support of research that is identified under section 402A(b)(7)(A) and is carried out by one or more emerging scientists). ``(iv) Definition.--In this subparagraph, the term `emerging scientist' means an investigator who-- ``(I) will be the principal investigator or the program director of the proposed research; ``(II) has never been awarded, or has been awarded only once, a substantial, competing grant by the National Institutes of Health for independent research; and ``(III) is within 15 years of having completed-- ``(aa) the investigator's terminal degree; or ``(bb) a medical residency (or the equivalent).''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds reserved pursuant to section 402A(c)(1)(C) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for young investigators; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). (d) Conforming Amendments.-- (1) Section 241(a) of the Public Health Service Act (42 U.S.C. 238j(a)) is amended by striking ``Such portion'' and inserting ``Subject to section 402A(c)(1)(C)(i), such portion''. (2) Section 402A(a)(2) of the Public Health Service Act is amended-- (A) by striking ``402(b)(7)(B)(ii)'' and inserting ``402(b)(7)(B)(iii)''; and (B) by striking ``reserved under subsection (c)(1)(B)(i)'' and inserting ``reserved under subparagraph (B)(i) or (C)(ii) of subsection (c)(1)''. (3) Section 3(c)(2) of the Gabriella Miller Kids First Research Act (Public Law 113-94) is amended by striking ``402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a)'' and inserting ``402(b)(7)(B)(iii) of the Public Health Service Act, as added by subsection (a) and redesignated by section 2(a) of the YES to Cures Act of 2014''. (e) Rule of Construction.--Nothing in this Act (and the amendments made by this Act) is intended to affect the amount of funds authorized to be appropriated to the Agency for Healthcare Research and Quality. SEC. 3. REPORT ON TRENDS IN AGE OF RECIPIENTS OF NIH-FUNDED MAJOR RESEARCH GRANTS. Not later than six months after the date of enactment of this Act, the Director of the National Institutes of Health shall submit a report to the Congress-- (1) explaining why, over the 30-year period preceding the enactment of this Act-- (A) there has been a substantial increase in the age of investigators receiving their first major research grant from the National Institutes of Health; (B) there has been a substantial increase in the average age of all recipients of major research grants from the National Institutes of Health; and (C) there has been a dramatic drop in the number of investigators under 40 years of age receiving major research grants from the National Institutes of Health; and (2) describing-- (A) the steps taken by the National Institutes of Health in recent years to address the trends identified in paragraph (1); and (B) the impact of taking such steps.
YES to Cures Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to allocate for research by emerging scientists funds that otherwise would be used to evaluate the implementation and effectiveness of National Institutes of Health (NIH) programs. Requires NIH to explain why there has been an increase in the average age of grant recipients over the past 30 years and describe the steps taken to address this trend.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Contraception Access and Education Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year 3,400,000 pregnancies, or one-half of all pregnancies, in the United States are unintended, and 4 in 10 of these unintended pregnancies end in abortion. (2) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy for women of reproductive potential and has approved certain forms of emergency contraceptive for unrestricted sale on pharmacy shelves to women of all ages. (3) Research indicates that emergency contraception reduces the risk of pregnancy by up to 95 percent and emergency IUD insertion reduces the risk by 99 percent. Although more effective the sooner it is taken, medical evidence indicates that emergency contraception can be effective up to 5 days after unprotected intercourse or contraceptive failure. (4) Emergency contraception is a responsible means of preventing pregnancy that works like other hormonal contraceptives by suppressing or delaying ovulation, which makes fertilization from unprotected intercourse unlikely if the medication is taken within 120 hours. Emergency contraception does not terminate an established pregnancy. (5) Most brands of emergency contraception consist of the same hormones found in other hormonal birth control. (6) The percentage of sexually experienced women aged 15 to 44 in the United States who have ever used emergency contraception increased from 4.2 percent in 2002 to 11 percent in years 2006 through 2010. (7) A recent study by the Guttmacher Institute demonstrates that the rate of teen pregnancy in the United States has reached a historic low, declining 51 percent since its peak in 1990. From 2008 to 2010, increasing proportions of women aged 18 and 19 reported becoming sexually active, yet fewer of them got pregnant during this time period than in previous studies. Research suggests that increasing rates of contraceptive use may be associated with the decline in teen pregnancy. (8) Despite an increase in use, significant disparities exist for young, urban, minority women who lack general knowledge about emergency contraception. In fact, 1 in 4 teens remain completely unaware of the method and its use. (9) Although the American College of Obstetricians and Gynecologists (ACOG) recommends that doctors routinely discuss emergency contraception with women of reproductive age during their clinical visits only half of obstetricians/gynecologists offer emergency contraception to all of their patients in need suggesting that greater provider and patient awareness and education is needed. (10) Nearly 1 out of 5 American women is a victim of rape. It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape, half of whom choose to terminate their pregnancy. The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in adult survivors who were not protected by some form of contraception at the time of the attack. If used correctly, emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy. (11) Only 18 States and the District of Columbia require hospital emergency rooms to provide emergency contraception- related services to survivors of sexual assault. Of those, only 13 States and the District of Columbia require hospital emergency rooms to provide emergency contraception upon request to survivors of sexual assault. Nine States have adopted restrictions on emergency contraception, and six States explicitly allow pharmacists to refuse to dispense emergency contraception. (12) In light of their safety and efficacy, the American Medical Association, American Academy of Pediatrics, American Women's Medical Association, Society for Adolescent Medicine, and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of emergency contraceptives. (13) Healthy People 2020, published by the Office of Disease Prevention and Health Promotion (ODPHP), establishes a 10-year national public health goal of increasing the proportion of publicly funded health care providers who provide emergency contraception to their patients, and reducing the number of unintended pregnancies by 10 percent. (14) Public awareness campaigns targeting women and health care providers will help remove many of the barriers to emergency contraception and will help bring this important means of pregnancy prevention to women in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Emergency contraception.--The term ``emergency contraception'' means a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), or drug regimen that-- (A) is used postcoitally; (B) prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and (C) is approved by the Food and Drug Administration. (2) Health care provider.--The term ``health care provider'' means an individual who is licensed or certified under State law to provide health care services and who is operating within the scope of such license. Such term shall include a pharmacist. (3) Hospital.--The term ``hospital'' means-- (A) a hospital as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)); and (B) a critical access hospital as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Sexual assault.-- (A) In general.--The term ``sexual assault'' means a sexual act (as defined in subparagraphs (A) through (C) of section 2246(2) of title 18, United States Code) where the victim involved does not consent or lacks the capacity to consent. (B) Application of provisions.--The definition in subparagraph (A) shall apply to all individuals. SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY CONTRACEPTION WITHOUT CHARGE. (a) In General.--Federal funds may not be provided to a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or to a State, with respect to services of a hospital, under title XIX of such Act (42 U.S.C. 1396 et seq.), unless such hospital complies with the conditions specified in subsection (b) in the case of-- (1) any woman who arrives at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for Victims.--The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that-- (A) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for all women without age restrictions and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (B) emergency contraception is more effective the sooner it is taken; and (C) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Effective Date; Agency Criteria.--This section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section. SEC. 5. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS. (a) Emergency Contraception Public Education Program.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. (2) Dissemination.--The Secretary may disseminate information on emergency contraception under paragraph (1) directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, institutions of higher education, clinics, the media, and Federal, State, and local agencies. (3) Information.--The information on emergency contraception disseminated under paragraph (1) shall include, at a minimum, the most current evidence-based and evidence- informed standards of care with respect to emergency contraception and an explanation of the proper, use, safety, efficacy, counseling and availability of such contraception. (b) Emergency Contraception Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. (2) Information.--The information disseminated under paragraph (1) shall include, at a minimum-- (A) information describing the most current evidence-based and evidence-informed standards of care, proper use, safety, efficacy, counseling and availability of emergency contraception; (B) a recommendation regarding the use of such contraception in appropriate cases; (C) recommendation for health care providers working in emergency rooms to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and to provide any necessary follow-up care and referral services; and (D) information explaining how to obtain copies of the information developed under subsection (a) for distribution to the patients of the providers. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2014 through 2018.
Emergency Contraception Access and Education Act of 2014 - Prohibits payment to a hospital under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act unless the hospital promptly provides information about emergency contraception to any woman who arrives at the hospital and is stated to be, or hospital staff have reason to believe is, a victim of sexual assault. Requires the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate information on emergency contraception. Directs the Administrator of the Health Resources and Services Administration (HRSA) to develop and disseminate to health care providers, including pharmacists, information on emergency contraception, including a recommendation for providers working in emergency rooms to consult with survivors of sexual assault regarding emergency contraception and provide follow-up care and referral services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Every minute, one woman dies from pregnancy-related complications. Of these deaths, 99 percent occur in the developing world and 95 percent occur in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, an estimated 20 women survive but experience pregnancy-related disabilities. One of the most severe is obstetric fistula, which occurs when a woman who needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina (or both), after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal walls, destroying the tissue that then sloughs off, resulting in the abnormal opening. (4) In the majority of obstetric fistula cases, the baby will be stillborn and the mother will experience physical pain as well as social and emotional trauma from living with incontinence as well as the loss of her child. (5) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (6) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (7) According to the United States State Department, ``The combination of pregnancy at an early age, chronic maternal malnutrition, and a lack of skilled care at delivery can all contribute to the development of obstetric fistula and permanent incontinence.''. (8) Obstetric fistula was once common throughout the world, but over the last century was eliminated in Europe, North America, and other developed regions through improved access to medical interventions, particularly emergency obstetric care for those women who need it. (9) The social consequences for women living with obstetric fistula include isolation, divorce or abandonment, ridicule and shame, inability to start a family, illness, risk of violence, and lack of opportunity. (10) Obstetric fistula is preventable through medical interventions such as skilled attendance present during labor and childbirth, providing access to family planning, and emergency obstetric care for women who develop childbirth complications as well as social interventions such as delaying early marriage and educating and empowering young women. (11) Obstetric fistula can also be surgically treated. Surgery requires a specially trained surgeon and support staff, and access to an operating theater and to attentive postoperative care. When performed by a skilled surgeon, success rates can be as high as 90 percent and cost an estimated $300. (12) According to the Department of State, ``Because of their roles in child rearing, providing and seeking care, and managing water and nutrition, the ability of women to access health-related knowledge and services is fundamental to the health of their babies, older children and other family members. Over the long-term, the health of women enhances their productivity and social and economic participation and also acts as a positive multiplier, benefitting social and economic development through the health of future generations.''. (13) In 2002, the United Nations Population Fund (UNFPA) and EngenderHealth embarked on the first ever assessments in nine African countries to determine the need for and access to services to address obstetric fistula. In 2003, UNFPA and partners launched a global campaign to identify and address obstetric fistula in an effort to develop a means to treat those women who are suffering and provide the necessary health services to prevent further cases. The campaign is currently active in more than 45 countries in Africa, Asia, and the Arab States region through support for fistula surgery, training of doctors and nurses, equipping hospitals, and undertaking community outreach to prevent further cases, and supporting provision of rehabilitative care for women after treatment so they can return to full and productive lives. (14) The global Campaign to End Fistula works with national counterparts, including ministries of health, other pertinent ministries, United Nations agencies, international and national nongovernmental organizations, civil society organizations, and fistula providers, in support of national processes and fistula programmatic efforts. A key focus is national fistula capacity strengthening. (15) In 2004, USAID provided funding through the ACQUIRE Project managed by EngenderHealth to support services in two countries, Bangladesh and Uganda. In 2007, USAID provided a five-year cooperative agreement to EngenderHealth for the Fistula Care project. USAID currently supports fistula treatment services in 34 sites in 11 countries and addresses prevention in those sites and 25 more. The ceiling for the Fistula Care project is $70,000,000. (16) One of the key global health principles of the United States Global Health Initiative is to strengthen and leverage key multilateral organizations, global health partnerships, and private sector engagement. The United States has committed to join multilateral efforts involving the United Nations and others to make progress toward achieving Millennium Development Goals 4, 5, and 6. (17) By 2014, the United States through its Global Health Initiative has committed to several targets that will reduce the incidence of fistula, including through efforts to reduce maternal mortality by 30 percent; prevent 54,000,000 unintended pregnancies by reaching a modern contraceptive prevalence rate of 35 percent; and reducing to 20 percent the number of first births by women under 18 across assisted countries. SEC. 3. PREVENTION AND TREATMENT OF OBSTETRIC FISTULA. (a) Authorization.--The President is authorized, in accordance with this section and section 4, to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to-- (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. (b) Activities.--Assistance provided pursuant to subsection (a) shall focus on-- (1) increasing prevention through access to sexual and reproductive health services, including skilled attendance at birth, comprehensive emergency obstetric care, prenatal and antenatal care, and contraception (family planning); (2) building local capacity and improving national health systems to prevent and treat obstetric fistula within the context of navigating pregnancy in good health overall; (3) supporting tools to enable countries to address fistula, including supporting qualitative research, development of sustainable financing mechanisms, training of skilled birth attendants, promoting ``south-to-south'' training, and provision of basic obstetric care at the community level; (4) addressing underlying social and economic inequities, including empowering women and girls, reducing incidence of child marriage, delaying childbirth, and increasing access to formal and non-formal education; and (5) supporting reintegration and training programs to help women who have undergone treatment return to full and productive lives. SEC. 4. COORDINATION, REPORTING, RESEARCH, MONITORING, AND EVALUATION. (a) In General.--Assistance authorized under this Act shall-- (1) promote the coordination facilitated by the International Obstetric Fistula Working Group, which coordinates between and among donors, multilateral institutions, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive prevention and treatment of obstetric fistula; and (2) be used for the development and implementation of evidence-based programs, including monitoring, evaluation, and research to measure the effectiveness and efficiency of such programs throughout their planning and implementation phases. (b) Reporting.--Not later than December 31, 2011, and annually thereafter, the President shall transmit to Congress a report on activities undertaken pursuant to this Act during the preceding fiscal year to reduce the incidence of and increase treatment for obstetric fistula, and how such activities fit into existing national action plans to prevent and treat obstetric fistula.
Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2010 - Authorizes the President to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to: (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. Provides that such assistance shall promote the coordination facilitated by the International Obstetric Fistula Working Group.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Doctors of Our Country through Scholarships Veterans Affairs Act of 2014'' or the ``RDOCS-VA Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Medical facilities of the Department of Veterans Affairs are in dire need of more physicians, with a particular need for doctors trained in primary care specialties. (2) The Health Professionals Educational Assistance Program established by chapter 76 of title 38, United States Code, provides educational assistance through scholarships and loan forgiveness for a range of health professionals, however, it does not specifically encourage a commitment to primary care by physicians employed by the Department of Veterans Affairs. (3) The Reserve Officers' Training Corps (ROTC) model of education and training is a respected and effective way of meeting the need of the United States for educated and trained officers in the Armed Forces, and it can be applied to train and educate physicians to provide primary care services. (4) Congress can build off of the Health Professionals Educational Assistance Program and the ROTC model to solve the primary care shortage by providing full-tuition scholarships to students committed to serving the United States as primary care doctors at the Department of Veterans Affairs. SEC. 3. ESTABLISHMENT OF RESTORING THE DOCTORS OF OUR COUNTRY THROUGH SCHOLARSHIPS--VETERANS AFFAIRS PROGRAM. (a) In General.--Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--RESTORING THE DOCTORS OF OUR COUNTRY THROUGH SCHOLARSHIPS--VETERANS AFFAIRS ``Sec. 7691. Authority for program ``As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter in order to provide for the increased availability of physicians who provide primary health care services at medical facilities of the Department of Veterans Affairs. The program shall be known as the Restoring the Doctors of Our Country through Scholarships-Veterans Affairs program (in this subchapter referred to as the `RDOCS-VA program'). ``Sec. 7692. Scholarship program ``(a) In General.--In carrying out the RDOCS-VA program, the Secretary shall award not less than 400 RDOCS-VA scholarships to individuals who are selected by the Secretary and enter into an agreement under subsection (b). Under such scholarships, the Secretary shall pay-- ``(1) to the participating undergraduate medical program all tuition and costs for the undergraduate medical education of an RDOCS-VA scholar for a period of study not exceeding 48 consecutive months; and ``(2) to the RDOCS-VA scholar a cost-of-living stipend, in an amount determined by the Secretary. ``(b) Agreement.--To participate in the RDOCS-VA program, an RDOCS- VA scholar shall agree to-- ``(1) be admitted into and maintain enrollment in a participating undergraduate medical program in the State of residence of the scholar (or if such State of residence operates no such program, in a participating undergraduate medical program in a State within an associated region); ``(2) when enrolled in such program, maintain a minimum level of academic standing (to be determined by the Secretary); ``(3) complete an accredited residency training program in a primary care specialty; ``(4) become licensed to practice medicine in the State of residence of the scholar; ``(5) receive and maintain board certification in a primary care specialty; and ``(6) complete a five-year post-graduate period of employment by the Department of Veterans Affairs performing primary care services. ``(c) Priority in Awarding Scholarships.--In selecting RDOCS-VA scholars and awarding scholarships under subsection (a), the Secretary shall give preference to applicants who-- ``(1) are enrolled in an accelerated track family-medicine program; or ``(2) elect to complete the period of employment described in subsection (b)(6) at a facility of the Department that the Secretary designates as having an urgent need for primary care physicians. ``(d) Ineligibility for Other Educational Assistance.--An RDOCS-VA scholar shall not be eligible for other assistance under this chapter in connection with the education received under the RDOCS-VA program. ``Sec. 7693. Breach of agreement: liability ``(a) In General.--An RDOCS-VA scholar (other than a scholar described in subsection (b)) who fails to accept payment, or instructs the participating undergraduate medical program in which the scholar is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7692(b) of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement. ``(b) Liability.--(1) An RDOCS-VA scholar shall be liable to the United States for the amount which has been paid to or on behalf of the scholar under the agreement entered into under section 7692(b) of this title if any of the following occurs: ``(A) The scholar fails to maintain an acceptable level of academic standing described in paragraph (2) of such section 7692(b). ``(B) The scholar is dismissed from the participating undergraduate medical program for disciplinary reasons. ``(C) The scholar voluntarily terminates the course of training in such program before the completion of such program. ``(D) The scholar fails to become licensed to practice medicine in the State of residence of the scholar during a period of time determined under regulations prescribed by the Secretary. ``(2) Liability under this subsection is in lieu of any service obligation arising under the agreement of the RDOCS-VA scholar. ``(c) Recovery.--(1) If an RDOCS-VA officer breaches the agreement by failing (for any reason) to complete the period of obligated service of the officer, the United States shall be entitled to recover from the officer an amount determined in accordance with the formula described in section 7617(c)(1) of this title. ``(2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. ``Sec. 7694. Reports ``The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the physician workforce of the Department. Such report shall include-- ``(1) the number of scholarships awarded under this subchapter during the year covered by the report; ``(2) data on the physician shortage of the Department, if any, disaggregated by the medical facility of the Department; and ``(3) a gap analysis of the primary care practitioners needed in each medical facility of the Department, and a five- and ten-year estimates of the funding needed to close the gap through the RDOCS-VA program. ``Sec. 7695. Definitions ``In this subchapter: ``(1) The term `accelerated track family-medicine program' means an appropriately accredited, integrated course of study in which a candidate can complete undergraduate medical education and graduate medical education in six years. ``(2) The term `associated region' means-- ``(A) the area encompassing the boundaries of Washington, Wyoming, Alaska, Montana, and Idaho; ``(B) the area encompassing the boundaries of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and Vermont; ``(C) the area encompassing the boundaries of Delaware and Pennsylvania; or ``(D) the area encompassing the boundaries of Maryland, the District of Columbia, and Virginia. ``(3) The term `board certification' means a certification to practice medicine in a specialty, by an appropriate medical specialty board. ``(4) The term `participating undergraduate medical program' means an allopathic or osteopathic undergraduate medical program operated by a State. ``(5) The term `primary care specialty' means geriatrics, gerontology, family medicine, or general internal medicine. ``(6) The term `RDOCS-VA officer' means an RDOCS-VA program participant who has completed undergraduate medical training, but has not yet fulfilled the remaining requirements of the scholarship agreement entered into under section 7692(b) of this title. ``(7) The term `RDOCS-VA scholar' means an individual participating in an RDOCS-VA program pursuant to a scholarship agreement entered into under section 7692(b) of this title, but has not yet completed undergraduate medical education. ``(8) State.--The term `State' means each of the several States and the District of Columbia.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 7684 the following new items: ``subchapter viii--restoring the doctors of our country through scholarships--veterans affairs ``7691. Authority for program. ``7692. Scholarship program. ``7693. Breach of agreement: liability. ``7694. Reports. ``7695. Definitions.''.
Restoring the Doctors of Our Country through Scholarships Veterans Affairs Act of 2014 or the RDOCS-VA Act of 2014 - Directs the Secretary of Veterans Affairs, as part of the Department of Veterans Affairs (VA) Health Professionals Educational Assistance Program, to carry out a scholarship program to provide for the increased availability of physicians who provide primary health care services at VA medical facilities, which shall be known as the Restoring the Doctors of Our Country through Scholarships-Veterans Affairs (RDOCS-VA) program. Directs the Secretary, under such program, to award not less than 400 scholarships covering all tuition and costs for an undergraduate medical education for a period of study not exceeding 48 consecutive months, and a cost-of-living stipend, to selected individuals who agree to: be admitted into and maintain enrollment in a participating undergraduate medical program in the scholar's state of residence, maintain a minimum level of academic standing, complete an accredited residency training program in a primary care specialty, become licensed to practice medicine in the scholar's state of residence, receive and maintain board certification in a primary care specialty, and complete a five-year post-graduate period of employment by the VA performing primary care services. Directs the Secretary to give preference to applicants who: (1) are enrolled in an accelerated track family-medicine program, or (2) elect to complete the five-year period of employment at a VA facility that the Secretary designates as having an urgent need for primary care physicians. Sets forth provisions regarding such scholar's liability for breach of agreement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering More Productive and Lasting Opportunity Act of 2011''. SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS. (a) Use of Unemployment Fund for Employment Assistance Voucher Program.-- (1) State law.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by inserting ``and'' at the end of subparagraph (G), and by adding at the end the following new subparagraph: ``(H) during the 5-year period beginning on the date of the enactment of the Empowering More Productive and Lasting Opportunity Act of 2011, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v));''. (2) Permissible expenditures.--Section 3306(f) of such Code is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by redesignating the paragraph relating to the self-employment assistance program as paragraph (6) and striking the period at the end of such paragraph and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) during the 5-year period beginning on the date of the enactment of the Empowering More Productive and Lasting Opportunity Act of 2011, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in subsection (v)).''. (b) Employment Assistance Voucher Program Defined.--Section 3306 of such Code is amended by adding at the end the following new subsection: ``(v) Employment Assistance Voucher Program.--For the purposes of this chapter-- ``(1) In general.--The term `employment assistance voucher program' means a program under which-- ``(A) an eligible individual is issued an employment assistance voucher, ``(B) upon employment with an employer described in paragraph (5)-- ``(i) the eligible individual transfers the employment assistance voucher to the employer, ``(ii) the individual ceases to receive unemployment compensation and is paid wages by the employer, and ``(iii) the employer receives payments upon presenting the voucher to the State, and ``(C) the program meets such other requirements as the Secretary of Labor determines to be appropriate. ``(2) Rules relating to unemployed individuals.--For purposes of paragraph (1)-- ``(A) Compensation.--Compensation pursuant to paragraph (1)(B)(ii) shall-- ``(i) be at a rate equal to or greater than the percentage specified by State law (but in no event less than 110 percent) of the rate which would otherwise be payable to the individual, ``(ii) not be less than the minimum wage (as specified in section 6 of the Fair Labor Standards Act of 1938), ``(iii) be payable for a period not to exceed the maximum number of remaining weeks of unemployment compensation (including supplemental and emergency) to which the employee would be entitled (but for participating in the employment assistance voucher program), determined as of the date of employment. ``(B) Termination of employment.--If, before the end of the period referred to in subparagraph (A)(iii), an individual's employment with an employer under the employment assistance voucher program is terminated for reasons other than cause, the individual is entitled to the remaining period of entitlement referred to in subparagraph (A)(iii) less the number of weeks of such employment. ``(C) Certain requirements not to apply.--State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to individuals participating in the employment assistance voucher program. ``(3) Employment assistance voucher.--The term `employment assistance voucher' means a voucher-- ``(A) obtained by an eligible individual pursuant to the State law, ``(B) payable to the employer of the eligible individual-- ``(i) at a rate determined under State law but not to exceed 90 percent of the amount of unemployment compensation to which the eligible individual is entitled, and ``(ii) on the same schedule as unemployment compensation would be payable to the individual but for employment under the employment assistance voucher program. ``(4) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is eligible to receive regular unemployment compensation under the State law, extended unemployment, or emergency unemployment or would be eligible to receive such compensation except for the requirements described in paragraph (1)(B), ``(B) is identified pursuant to a State worker profiling system as an individual likely to exhaust regular unemployment compensation, and ``(C) is employed by an eligible employer. ``(5) Eligible employer.--The term `eligible employer' means an employer who agrees to the terms and conditions of employment under the unemployment assistance voucher program and who is approved by the State agency. ``(6) Treatment of participating individuals under federal and state law.--Individuals participating in an unemployment assistance voucher program shall be treated as unemployed for the purposes of Federal and State laws applicable to unemployment compensation, except that wages paid to the employee under such program shall be subject to Federal and State taxation to the same extent and in the same manner as wages generally. ``(7) Cost limiter.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the program does not result in any cost to the Unemployment Trust Fund (established by section 904(a) of the Social Security Act) in excess of the cost that would be incurred by such State and charged to such Fund, or to any Federal funds in the system if the State had not participated in such program. ``(8) Prevention of employment termination to participate in program.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to prevent employers from terminating employment for purposes of participating in the employment assistance voucher program.''. (c) Conforming Amendment.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and inserting ``: Provided further, That amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v) of the Internal Revenue Code of 1986); and''. (d) State Reports.--Any State operating an employment assistance voucher program approved by the Secretary of Labor pursuant to section 3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this section) shall report annually to the Secretary on the number of individuals who participate in the program, the operating costs of the program, compliance with program requirements, and any other relevant aspects of program operations requested by the Secretary. (e) Report to Congress.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit a report to the Congress with respect to the operation of the employment assistance voucher program. Such report shall be based on the reports received from the States pursuant to subsection (d) and include such other information as the Secretary of Labor determines is appropriate. (f) Effective Date.--The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act.
Empowering More Productive and Lasting Opportunity Act of 2011 - Amends the Internal Revenue Code to allow states, for a five-year period, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an individual who is eligible for unemployment compensation and is likely to exhaust such compensation is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Compete for the Future Act of 2018''. SEC. 2. ESTABLISHMENT OF PRIZE COMPETITION. (a) Prize Competition.-- (1) In general.--From the amounts appropriated under subsection (d), the Secretary of Education, in consultation with the Secretary of Labor, shall establish a prize competition for eligible programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such competition shall meet the requirements of section 24 of the Stevenson-Wylder Technology Innovation Act of 1980 (15 U.S.C. 3719). (2) Selection.--In selecting a winner for each prize, the Secretary shall evaluate how successfully an eligible program provides high school students with the rigorous and challenging academic and technical knowledge and skills such students need to prepare for careers in in-demand industry sectors or occupations, including by earning an industry-recognized certificate or credential or by entering a postsecondary apprenticeship. (3) Priority.--In evaluating eligible programs for each prize, the Secretary shall give priority to applications from eligible programs that are located in or adjacent to a census tract that is certified and designated as a qualified opportunity zone (as defined in section 1400Z-1 of the Internal Revenue Code of 1986). (b) Eligible Program.--The term ``eligible program'' means a program or set of strategies, including a pre-apprenticeship program, a registered youth apprenticeship program, or other similar secondary school program, that-- (1) prepares high school students to enter and succeed in an in-demand industry sector or occupation by-- (A) entering an apprenticeship program upon completion of the eligible program; or (B) earning a recognized credential upon completion of the eligible program; (2) has a documented industry partnership; and (3) incorporates training and curriculum based on industry standards and approved by the documented industry partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation. (c) Report.--Not later than 120 days after the conclusion of a prize competition under subsection (a), the Secretary of Education, in consultation with the Secretary of Labor, shall report to Congress recommendations on best practices for creating and developing pre- apprenticeship and other programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. (d) Other Definitions.--In this Act: (1) Apprenticeship.--The term ``apprenticeship'' refers to an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Documented industry partnership.--The term ``documented industry partnership'' means a workforce collaborative, acting in partnership with a program that is designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation, that organizes key stakeholders in an industry into a working group that focuses on the shared goals and human resources needs of the industry and that includes representatives of multiple businesses or other employers in the industry, including small and medium-sized employers when practicable, and at the appropriate stage of development of the partnership, may include representatives of-- (A) State or local government; (B) State or local economic development agencies; (C) a recognized State labor organization or central labor council, or another labor representative, as appropriate; (D) State boards or local boards, as appropriate; (E) a State workforce agency or other entity providing employment services; (F) an institution of higher education with, or another provider of, education or training programs that support the industry; (G) business or trade associations; (H) economic development organizations; (I) nonprofit organizations, community-based organizations, or intermediaries; (J) industry associations; and (K) other organizations, as determined to be necessary by the members comprising the documented industry partnership. (3) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) In-demand industry sector or occupation.--The term ``in-demand industry sector or occupation'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (5) Recognized credential.--The term ``recognized credential'' means a credential consisting of an industry- recognized certificate or certification, or a certificate of completion of an apprenticeship. (e) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 to carry out this Act.
Compete for the Future Act of 2018 This bill directs the Department of Education to establish a prize competition for certain programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such programs are those that: (1) prepare students to enter and succeed in such sector or occupation by entering an apprenticeship program, or by earning a recognized credential, upon completion; (2) have a documented industry partnership; and (3) incorporate training and curriculum based on industry standards and approved by the partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Community Development Investments Enhancement Act''. SEC. 2. TECHNICAL CORRECTIONS. (a) National Banks.--The first sentence of the paragraph designated as the ``Eleventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) (as amended by section 305(a) of the Financial Services Regulatory Relief Act of 2006) is amended by striking ``promotes the public welfare by benefitting primarily'' and inserting ``is designed primarily to promote the public welfare, including the welfare of''. (b) State Member Banks.--The first sentence of the 23rd paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 338a) is amended by striking ``promotes the public welfare by benefiting primarily'' and inserting ``is designed primarily to promote the public welfare, including the welfare of''. SEC. 3. INVESTMENTS BY FEDERAL SAVINGS ASSOCIATIONS AUTHORIZED TO PROMOTE THE PUBLIC WELFARE. Section 5(c) of the Home Owners' Loan Act (12 U.S.C. 1464) is amended-- (1) in paragraph (3)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C), as subparagraphs (A) and (B), respectively; and (2) in paragraph (4), by adding at the end the following new subparagraph: ``(G) Direct investments to promote the public welfare.-- ``(i) In general.--A Federal savings association may make investments, directly or indirectly, each of which is designed primarily to promote the public welfare, including the welfare of low- and moderate-income communities or families through the provision of housing, services, and jobs. ``(ii) Direct investments or acquisition of interest in other companies.--Investments under clause (i) may be made directly or by purchasing interests in an entity primarily engaged in making such investments. ``(iii) Prohibition on unlimited liability.--No investment may be made under this subparagraph which would subject a Federal savings association to unlimited liability to any person. ``(iv) Single investment limitation to be established by director.--Subject to clauses (v) and (vi), the Director shall establish, by order or regulation, limits on-- ``(I) the amount that any savings association may invest in any 1 project; and ``(II) the aggregate amount of investment of any savings association under this subparagraph. ``(v) Flexible aggregate investment limitation.--The aggregate amount of investments of any savings association under this subparagraph may not exceed an amount equal to the sum of 5 percent of the capital stock of the savings association actually paid in and unimpaired and 5 percent of the unimpaired surplus of the savings association, unless-- ``(I) the Director determines that the savings association is adequately capitalized; and ``(II) the Director determines, by order, that the aggregate amount of investments in a higher amount than the limit under this clause would pose no significant risk to the affected Deposit Insurance Fund. ``(vi) Maximum aggregate investment limitation.--Notwithstanding clause (v), the aggregate amount of investments of any savings association under this subparagraph may not exceed an amount equal to the sum of 15 percent of the capital stock of the savings association actually paid in and unimpaired and 15 percent of the unimpaired surplus of the savings association. ``(vii) Investments not subject to other limitation on quality of investments.--No obligation that a Federal savings association acquires or retains under this subparagraph shall be taken into account for purposes of the limitation contained in section 28(d) of the Federal Deposit Insurance Act on the acquisition and retention of any corporate debt security not of investment grade. ``(viii) Applicability of standards to each investment.--The standards and limitations of this subparagraph shall apply to each investment under this subparagraph made by a savings association directly and by its subsidiaries.''.
Depository Institution Community Development Investments Enhancement Act - Amends the Home Owners' Loan Act to revise requirements for community development investments by federal savings associations. Authorizes a federal savings association to make investments, directly or indirectly, each of which is designed primarily to promote the public welfare, including the welfare of low- and moderate-income communities or families through the provision of housing, services, and jobs (community development investments). Permits such investments to be made directly or by purchase of interests in an entity primarily engaged in making such investments. Prohibits a federal savings association from making an investment which would subject it to unlimited liability to any person. Requires the Director of the Office of Thrift Supervision to establish: (1) the amount any savings association may invest in any one project; and (2) the aggregate amount of investment of any savings association. Restricts the aggregate amount of investment of any savings association, subject to specified determinations made by the Director. Prohibits the maximum aggregate amount of investments of any savings association from exceeding the same 15% of its capital stock actually paid in and unimpaired and 15% of its unimpaired surplus as imposed by this Act on national banking associations and state member banks.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Census of Agriculture Act of 1997''. SEC. 2. AUTHORITY OF SECRETARY OF AGRICULTURE TO CONDUCT CENSUS OF AGRICULTURE. (a) Census of Agriculture Required.--In 1998 and every fifth year thereafter, the Secretary of Agriculture shall take a census of agriculture. (b) Methods.--In connection with the census, the Secretary may conduct any survey or other information collection, and employ any sampling or other statistical method, that the Secretary determines is appropriate. (c) Year of Information.--The information collected in each census taken under this section shall relate to the year immediately preceding the year in which the census is taken. (d) Enforcement.-- (1) Fraud.--A person over 18 years of age who willfully gives an answer that is false to a question, which is authorized by the Secretary to be submitted to the person in connection with a census under this section, shall be fined not more than $500. (2) Refusal or neglect to answer questions.--A person over 18 years of age who refuses or willfully neglects to answer a question, which is authorized by the Secretary to be submitted to the person in connection with a census under this section, shall be fined not more than $100. (3) Social security number.--The failure or refusal of a person to disclose the person's Social Security number in response to a request made in connection with any census or other activity under this section shall not be a violation under this subsection. (4) Religious information.--Notwithstanding any other provision of this section, no person shall be compelled to disclose information relative to the religious beliefs of the person or to membership of the person in a religious body. (e) Geographic Coverage.--A census under this section shall include-- (1) each of the several States of the United States; (2) as determined appropriate by the Secretary, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and Guam; and (3) with the concurrence of the Secretary and the Secretary of State, any other possession or area over which the United States exercises jurisdiction, control, or sovereignty. (f) Cooperation With Secretary of Commerce.-- (1) Information provided to secretary of agriculture.--On a written request by the Secretary of Agriculture, the Secretary of Commerce may provide to the Secretary of Agriculture any information collected under title 13, United States Code, that the Secretary of Agriculture considers necessary for the taking of a census or survey under this section. (2) Information provided to secretary of commerce.--On a written request by the Secretary of Commerce, the Secretary of Agriculture may provide to the Secretary of Commerce any information collected in a census taken under this section that the Secretary of Commerce considers necessary for the taking of a census or survey under title 13, United States Code. (3) Confidentiality.--Information obtained under this subsection may not be used for any purpose other than the statistical purposes for which the information is supplied. For purposes of sections 9 and 214 of title 13, United States Code, any information provided under paragraph (2) shall be considered information furnished under the provisions of title 13, United States Code. (g) Regulations.--A regulation necessary to carry out this section may be promulgated by-- (1) the Secretary of Agriculture, to the extent that a matter under the jurisdiction of the Secretary is involved; and (2) the Secretary of Commerce, to the extent that a matter under the jurisdiction of the Secretary of Commerce is involved.''. SEC. 3. REPEAL OF SUPERSEDED PROVISION. (a) Repeal.--Section 142 of title 13, United States Code, is repealed. (b) Clerical Amendments.-- (1) Subchapter II of chapter 5 of title 13, United States Code, is amended by striking the subchapter heading and inserting the following: ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''. (2) The analysis of chapter 5 of title 13, United States Code, is amended-- (A) by striking the item relating to section 142; and (B) by striking the item relating to the heading for subchapter II and inserting the following: ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''. (c) Cross Reference.--Section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking ``taken under section 142 of title 13, United States Code''. (d) Effective Date.--This section and the amendments made by this section shall take effect October 1, 1998. SEC. 4. CONFIDENTIALITY OF INFORMATION. (a) Information Provided to Secretary of Agriculture.-- (1) Authority to provide information.--Section 9(a) of title 13, United States Code, is amended by inserting after ``chapter 10 of this title'' the following: ``or section 2(f) of the Census of Agriculture Act of 1997''. (2) Confidentiality of information.--Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended-- (A) by striking ``or'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ``; or''; and (C) by adding at the end the following: ``(10) section 2 of the Census of Agriculture Act of 1997.''. (b) Information Provided to the Secretary of Commerce.--Section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended by adding at the end the following: ``(e) Information Provided to Secretary of Commerce.--This section shall not prohibit the release of information under section 2(f)(2) of the Census of Agriculture Act of 1997.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Census of Agriculture Act of 1997 - Amends Federal law to transfer authority to conduct the census of agriculture from the Secretary of Commerce to the Secretary (Secretary) of Agriculture. Requires the Secretary to take a census every five years beginning in 1998. Sets forth enforcement and confidentiality provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Prescription Drug Fairness Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) All women are at risk for breast cancer and that risk increases with age. (2) Breast cancer is the most common cancer among women. (3) Annually, there are 180,200 new cases of breast cancer in the United States, and 2,000 on Long Island, New York, alone. (4) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans and women to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (5) On average, older Americans and women who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans and women pay over 15 times more for prescription drugs than the most favored customers. (6) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans and women. More than one in eight older Americans and women are forced to choose between buying their food and buying their medicines. (7) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (8) Implementation of the policy set forth in this Act is estimated to reduce prescription drug prices for Medicare beneficiaries by more than 40 percent. (9) In addition to substantially lowering the costs of prescription drugs for older Americans and women, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and women and lower the costs to the Federal taxpayer of the Medicare program. (10) Older Americans and women who are terminally ill and receiving hospice care services represent some of the most vulnerable individuals in our nation. Making prescription drugs available to Medicare beneficiaries under the care of Medicare- certified hospices will assist in extending the benefits of lower prescription drug prices to those most vulnerable and in need. (b) Purpose.--The purpose of this Act is to protect women diagnosed with breast cancer and Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by each pharmacy such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries. (c) Description of Price.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is the price equal to the lower of the following: (1) The lowest price paid for the covered outpatient drug by any agency or department of the United States. (2) The manufacturer's best price for the covered outpatient drug, as defined in section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)). SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS. For purposes of determining the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy under section 3, there shall be included in the calculation of such amount the amount of the covered outpatient drug sold or distributed by a pharmacy to a hospice program. In calculating such amount, only amounts of the covered outpatient drug furnished to a Medicare beneficiary enrolled in the hospice program shall be included. SEC. 5. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans and women, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this Act, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (2) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (3) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both, and includes individuals who are not so entitled or enrolled but who have been diagnosed with breast cancer. (4) Hospice program.--The term ``hospice program'' has the meaning given that term under section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States. SEC. 9. STUDY ON LIFE EXPECTANCY OF WOMEN DIAGNOSED WITH BREAST CANCER WHO LACK PRESCRIPTION DRUG COVERAGE. (a) Study.--The Secretary of Health and Human Services, acting through the Director of the Center for Disease Control and Prevention, shall conduct a study on women diagnosed with breast cancer and analyze the effect, if any, that the lack of prescription drug coverage has on the life expectancy of such women. (b) Report.--By not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).
Breast Cancer Prescription Drug Fairness Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy a covered outpatient drug: (1) in an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries (including the amount sold or distributed to Medicare beneficiaries in a hospice program); and (2) at a price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Saint Helena Island National Scenic Area Act''. SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC AREA. (a) Purpose.--The purposes of this Act are-- (1) to preserve and protect for present and future generations the outstanding resources and values of Saint Helena Island in Lake Michigan, Michigan, and (2) to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of such island. (b) Establishment.--For the purposes described in subsection (a), there shall be established the Saint Helena Island National Scenic Area (hereinafter referred to in this Act as the ``scenic area''). (c) Effective Upon Conveyance.--Subsection (b) shall be effective upon conveyance of satisfactory title to the United States of the whole of Saint Helena Island, except that portion to be conveyed to the Great Lakes Lighthouse Keepers Association pursuant to section 1001 of the Coast Guard Authorization Act of 1996 (110 Stat. 3948). SEC. 3. BOUNDARIES. (a) Saint Helena Island.--The scenic area shall comprise all of Saint Helena Island, in Lake Michigan, Michigan, and all associated rocks, pinnacles, islands, and islets within one-eighth mile of the shore of Saint Helena Island. (b) Boundaries of Hiawatha National Forest Extended.--Upon establishment of the scenic area, the boundaries of the Hiawatha National Forest shall be extended to include all of the lands within the scenic area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of section 8 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9). (c) Payments to Local Governments.--Solely for purposes of payments to local governments pursuant to section 6902 of title 31, United States Code, lands acquired by the United States under this Act shall be treated as entitlement lands. SEC. 4. ADMINISTRATION AND MANAGEMENT. (a) Administration.--Subject to valid existing rights, the Secretary of Agriculture (hereafter in this Act referred to as the ``Secretary'') shall administer the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes of this Act. (b) Special Management Requirements.--Within 3 years of the date of enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest. Such an amendment shall conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Land and Resource Management Plan for the Hiawatha National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. In developing a plan for management of the scenic area, the Secretary shall address the following special management considerations: (1) Public access.--Alternative means for providing public access from the mainland to the scenic area shall be considered, including any available existing services and facilities, concessionaires, special use permits, or other means of making public access available for the purposes of this Act. (2) Roads.--After the date of enactment of this Act, no new permanent roads shall be constructed within the scenic area. (3) Vegetation management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases, and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of wildlife habitat and visual quality. Trees cut for these purposes may be utilized, salvaged, or removed from the scenic area as authorized by the Secretary. (4) Motorized travel.--Motorized travel shall not be permitted within the scenic area, except on the waters of Lake Michigan, and as necessary for administrative use in furtherance of the purposes of this Act. (5) Fire.--Wildfires shall be suppressed in a manner consistent with the purposes of this Act, using such means as the Secretary deems appropriate. (6) Insects and disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, or to reduce hazards to visitors. (7) Dockage.--The Secretary shall provide through concession, permit, or other means docking facilities consistent with the management plan developed pursuant to this section. (8) Safety.--The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the scenic area in the event of fire or infestation of insects or disease. (c) Consultation.--In preparing the comprehensive management plan, the Secretary shall consult with appropriate State and local government officials, provide for full public participation, and consider the views of all interested parties, organizations, and individuals. SEC. 5. FISH AND GAME. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to fish and wildlife in the scenic area. SEC. 6. MINERALS. Subject to valid existing rights, the lands within the scenic area are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the scenic area. SEC. 7. ACQUISITION. (a) Acquisition of Lands Within the Scenic Area.--The Secretary shall acquire by purchase from willing sellers, gift, or exchange, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the scenic area to further the purposes of this Act. (b) Acquisition of Other Lands.--The Secretary may acquire by purchase from willing sellers, gift, or exchange, lands or structures on the mainland to the extent necessary for access to and administrative facilities for the scenic area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Acquisition of Lands.--There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of land, interests in land, or structures within the scenic area and on the mainland as needed for access and administrative facilities. (b) Other Purposes.--In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated such sums as may be necessary for development to carry out the other purposes of this Act.
Saint Helena Island National Scenic Area Act - Establishes the Saint Helena Island National Scenic Area, upon conveyance of such Island to the United States, to preserve and protect its outstanding resources and values and to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of such Island. Requires the boundaries of the Hiawatha National Forest to be extended to include such Area. Requires lands acquired by the United States under this Act to be treated as entitlement lands solely for purposes of payments in lieu of taxes to local governments. Requires the Secretary of Agriculture to develop a management plan for the Area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest. Provides that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of Michigan with respect to fish and wildlife in the Area. Withdraws the lands within the Area from U.S. mining laws and from disposition under mineral and geothermal leasing laws. Prohibits the Secretary from allowing any mineral development on federally-owned land within the Area, except for construction and maintenance of roads and facilities within the Area. Allows the Secretary to acquire land and structures: (1) within the Area to further the purposes of this Act; and (2) on the mainland to the extent necessary for access to, and administrative facilities for, the Area. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Bus.--The term ``bus'' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. (2) School bus.--The term ``school bus'' means a bus that is used for purposes that include carrying pupils to and from public or private school or school-related events on a regular basis. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. (b) Exemption for Certain States.--In prescribing proficiency standards under subsection (a), the Secretary shall provide that a State may, instead of utilizing such proficiency standards, utilize proficiency standards established by the State before the date of the prescription of efficiency standards under subsection (a) if the Secretary determines that the standards of the State establish proficiency requirements as rigorous as the proficiency requirements established under the standards prescribed under subsection (a). (c) Demonstration of Proficiency.--Upon the prescription of standards under subsection (a), each school bus driver referred to in subsection (a) shall demonstrate (at such interval as the Secretary shall prescribe) to the employer of the driver, the school district, the State licensing agency, or other person or agency responsible for regulating school bus drivers the proficiency of such driver in operating a school bus in accordance with the proficiency standards prescribed under subsection (a) or the proficiency standards established by the State concerned, as the case may be. SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS. The Administrator of the National Highway Traffic Safety Administration shall develop and disseminate guidelines on the safe transportation in school buses of children under the age of 5. Such guidelines shall include recommendations for the evacuation of such children from such buses in the event of an emergency. SEC. 5. IMPROVED INTERSTATE SCHOOL BUS SAFETY. (a) Applicability of Federal Motor Carrier Safety Regulations to Interstate School Bus Operations.--Section 31136 of title 49, United States Code, is amended-- (1) by striking the second sentence of subsection (e); and (2) by adding at the end the following new subsection: ``(g) Applicability to School Transportation Operations of Local Education Agencies.--Not later than 6 months after the date of the enactment of this subsection, the Secretary shall issue regulations making the relevant commercial motor carrier safety regulations issued under subsection (a) applicable to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965).''. (b) Education Program.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall develop and implement an education program informing all local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965) that they must comply with the Federal commercial motor vehicle safety regulations issued under section 31136 of title 49, United States Code, when providing interstate transportation on a school bus vehicle to and from school-sanctioned and school-related activities. (c) Compliance Reports.--Each year for the first 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress by June 1 a report describing in detail the status of compliance by private motor carriers (for-hire) and local educational agencies in meeting the requirements of section 31136 of title 49, United States Code, and enforcement actions undertaken by the Department of Transportation. SEC. 6. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS FOR SCHOOL BUS SAFETY. Section 6055(d) of the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of the school bus.''. SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS SAFETY. Notwithstanding any other provision of law, the Secretary shall ensure that each State receiving aid to conduct highway safety programs under section 402(c) of title 23, United States Code, shall utilize a portion (as determined by the Secretary) of such aid for the purpose of conducting traffic engineering activities in order to improve the safe operation of school buses. The Secretary shall, to the maximum extent practicable, ensure that the total amount utilized by such States for such purpose in any fiscal year shall not be less than $1,000,000. SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES. (a) Commencement of Rulemaking Process.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall begin a rulemaking process to determine the feasibility and practicability of the following: (1) A requirement for a decrease in the flammability of the materials used in the construction of the interiors of school buses. (2) A requirement that individuals, school districts, or companies that sell in the secondary market school buses that may be used in interstate commerce inform purchasers of such buses that such buses may not meet current National Highway Transportation Safety Administration standards or Federal Highway Administration standards with respect to such buses. (3) The establishment of construction, design, and securement standards for wheelchairs used in the transportation of students in school buses. (b) Final Rule.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate a final rule providing for any requirement or standard referred to in paragraph (1), (2), or (3) of subsection (a) that the Secretary determines to be feasible and practicable. SEC. 9. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY. (a) Dissemination of Information.--In carrying out research on highway safety under section 403 of title 23, United States Code, the Secretary, in consultation with the American Automobile Association, State educational agencies, the National Safety Council, and highway safety organizations, shall-- (1) improve existing materials on school bus safety; and (2) improve the distribution and availability of such materials to schools for use by the student safety patrols of such schools and to appropriate law enforcement agencies. (b) Funds.--Notwithstanding any other provision of law, of the funds available to the Secretary for research on highway safety and traffic conditions under such section 403 in each of fiscal years 1995 through 2000, $100,000 shall be available in each such fiscal year for the purposes of carrying out this section. SEC. 10. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Prohibition on Employment Pending Check.--Notwithstanding any other provision of law and except as provided in subsection (b), a local educational agency, and any contractor providing school transportation services to such an agency, may not newly employ a person as a driver of a school bus of or on behalf of the agency before the completion of a background check of the person in the national criminal history background check system. The purpose of the check is to determine whether the person has been convicted of a crime which would warrant barring the person from duties as a driver of a school bus. (b) Exception.--A local educational agency or a contractor may newly employ a person as a driver of a school bus of or on behalf of the agency if a check of the person is not completed by the end of the 21-day period beginning on the date of the request for the check by the agency. The agency or contractor may commence such employment beginning at the end of such 21-day period. (c) Check Procedures.--Each State shall establish procedures for conducting checks under this section. Such procedures shall include the designation of an agency of the State to carry out the checks and shall meet the guidelines set forth in section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(b)). (d) Limitation on Liability.--A local educational agency or a contractor providing transportation services to such an agency shall not be liable in an action for damages on the basis of a criminal conviction of a person employed by the agency or contractor as a school bus driver if-- (1) a check of the person was conducted under this section; and (2) the conviction was not disclosed to the agency or contractor pursuant to the check. (e) Fees.-- (1) In general.--The Federal Bureau of Investigation may impose and collect fees for the provision of assistance in the conduct of checks under this section. The amount of such fees may not exceed the actual cost to the Federal Bureau of Investigation of providing such assistance. (2) Monitoring.--The Attorney General shall monitor the collection of fees under this subsection for purposes of ensuring that-- (A) such fees are collected on a uniform basis; and (B) the amounts collected reflect only the actual cost to the Federal Bureau of Investigation of providing assistance in the conduct of background checks. (f) Definitions.--In this section, the following definitions apply: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) National criminal history background check system.--The term ``national criminal history background check system'' has the meaning given such term in section 5(6) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(6)). (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (g) Applicability.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to the new employment of persons by local educational agencies or contractors beginning on the later of-- (A) the date that is 60 days after the date of the enactment of this Act; or (B) the date on which the State in which the agencies or contractors are located establishes the procedures required under subsection (c). (2) Exceptions.--During the period beginning on the date of the enactment of this Act and ending on the date of the applicability of this section to a local educational agency or contractor under paragraph (1), the local educational agency or contractor shall, to the maximum extent practicable, request that the Federal Bureau of Investigation conduct a background check with fingerprints of each person newly employed by the local educational agency or contractor as a school bus driver of or on behalf of the local educational agency. (h) Funding.-- (1) Violence prevention programs.--Section 4116(b)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(b)(5)) is amended by striking ``and neighborhood patrols'' and inserting ``neighborhood patrols, and criminal background checks of potential drivers of school buses under section 5 of the School Bus Safety Act.''. (2) Innovative education assistance.--Section 6301(b) of such Act (20 U.S.C. 7351(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) the carrying out of criminal background checks of potential drivers of school buses under section 4 of the School Bus Safety Act.''. SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY. (a) Study.-- (1) In general.--The Secretary shall carry out a study to determine the following: (A) The usage of seat belts on school buses. (B) The extent to which public transit vehicles are engaged in school bus operations. (C) The point at which a public transit vehicle is sufficiently engaged in such operations as to be considered a school bus for purposes of regulation under Federal law. (D) The differences between school bus operations carried out directly by schools or school districts and school bus operations carried out by schools or school districts by contract. (2) Areas.--The study shall address the differences between the services and operations referred to in paragraph (1)(D) in terms of-- (A) crash injury data; (B) driver and carrier requirements; (C) passenger transportation requirements; (D) bus construction and design standards; (E) Federal and State operating assistance (per passenger/per mile/per hour); (F) total operating costs; (G) Federal and State capital assistance (per passenger/per mile/per hour); (H) total capital costs; and (I) such other factors as the Secretary considers appropriate. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report on the results of the study carried out under subsection (a) the following: (1) The Committee on Environment and Public Works of the Senate. (2) The Committee on Commerce, Science, and Transportation of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Transportation and Infrastructure of the House of Representatives. (5) The Committee on Commerce of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. SEC. 12. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES. The Secretary of Transportation shall-- (1) not later than December 31, 1995, issue a notice of proposed rulemaking with respect to the minimum reporting criteria required under the tenth sentence of section 402(a) of title 23, United States Code; and (2) not later than December 31, 1996, and after an opportunity for public comment, issue a final rule establishing such criteria. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards. (Sec. 4) Directs the Administrator of the National Highway Traffic Safety Administration to develop and disseminate guidelines on the safe transportation in school buses of children under the age of five. (Sec. 5) Amends Federal transportation law to require the Secretary to issue regulations making Federal commercial motor carrier safety regulations applicable to all interstate school operations by local educational agencies. Directs the Secretary to develop an education program informing all local educational agencies that they must comply with such regulations when providing interstate transportation on a school bus to and from school-sanctioned and school-related activities. (Sec. 6) Amends the Intelligent Vehicle-Highway Systems Act of 1991 to require the Secretary, in deciding which projects to fund under such Act, to ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of a school bus. (Sec. 7) Requires the Secretary to ensure that each State receiving Federal aid to conduct highway safety programs utilizes a portion of it (at least $1 million per fiscal year) to conduct traffic engineering activities to improve the safe operation of school buses. (Sec. 8) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses. (Sec. 9) Requires the Secretary, in carrying out highway safety research and development projects, to provide for the dissemination of information on school bus safety. (Sec. 10) Prohibits a local educational agency, and any contractor providing transportation services to such agency, from employing a person as a school bus driver before the completion of a background check of the person in the national criminal history background check system. Requires State criminal background check procedures to meet the guidelines set forth in the National Child Protection Act of 1993. Declares that no local educational agency or contractor providing it with transportation services shall be liable in an action for damages on the basis of a criminal conviction of a person employed as a school bus driver if a criminal background check was conducted but the conviction was not disclosed. (Sec. 11) Requires the Secretary to study and report to specified congressional committees on school bus safety. (Sec. 12) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria. (Sec. 13) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat Emergency Victims Fairly Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Price gouging in emergencies, including natural disasters and other emergencies, is reprehensible commercial activity. (2) Emergencies place great strains on commercial and consumer relationships in the areas affected. (3) Emergencies can strain commercial and consumer relationships in areas beyond those directly damaged or affected by the emergency. (4) It is an unfortunate truth that some will try to take advantage of others in emergency situations by price gouging for consumer and other commercial goods or services. (5) Price gouging can take place prior to, during, and following natural disasters and other emergencies. (6) Price gouging in commercial and consumer settings affects interstate commerce. (7) Price gouging-- (A) distorts markets without regard to State lines; (B) disturbs and interferes with the flow of commodities and services across State lines; and (C) creates or exacerbates shortages and interruptions of supplies of materials across State lines. (8) It is in the interest of the United States to prohibit and deter price gouging. SEC. 3. DEFINITIONS. In this Act: (1) Emergency.--The term ``emergency'' means a natural disaster or other circumstance or event that is formally declared to be an emergency by Federal or State authorities. An emergency may be associated with a designated area. (2) Goods or services.--The term ``goods or services'' means goods or services of any type, including food, transportation, housing, and energy supplies. (3) Person.--The term ``person'' means a natural person, corporation, governmental body, or other entity. (4) Price gouging.-- (A) In general.--The term ``price gouging'' means charging an unreasonable and unconscionable price for a good or service immediately prior to, during, or following an emergency. (B) Presumption.-- (i) Affirmative.--A price for a good or service is presumed to be unreasonable and unconscionable-- (I) in the designated area of an emergency if it reflects a price increase at least 10 percent greater than the average price for the good or service charged by the seller in the designated area during the 30 days prior to the formal declaration of the emergency; and (II) outside the designated area of an emergency if the price is affected by the emergency and if the price reflects a price increase at least 10 percent greater than the average price for the good or service charged by the seller in the area of the sale during the 30 days prior to the formal declaration of an emergency. For purposes of subclause (II), a price is presumed to be affected by the emergency if, within 30 days following the declaration of the emergency, the price is at least 25 percent greater than the average price for the good or service charged by the seller in the area of the sale during the 30 days prior to the formal declaration of the emergency. (ii) Negative.--A price for a good or service is not unreasonable and unconscionable if it reflects only the cost of the good or service to the seller prior to the emergency, the average profit margin of the seller during the 30 days prior to the formal declaration of an emergency, and the increased costs actually incurred by the seller to sell the good or service during or following the emergency. SEC. 4. CAUSE OF ACTION. (a) In General.--It shall be unlawful for any seller of goods or services to engage in price gouging. (b) Litigation.--A cause of action under this section may be brought-- (1) in Federal or State court; and (2) by the Federal Government, through the Attorney General, or a State Government acting through its attorney general. (c) Venue and Procedure.-- (1) Federal court.--An action in Federal court under this section may be brought in any court whose jurisdiction includes-- (A) the geographic area in which price gouging is alleged to have occurred; or (B) the State which is a plaintiff in the action. (2) State court.--An action in State court under this section shall conform to State rules of procedure. (d) Expedited Federal Consideration.--An action under this section in Federal court shall receive expedited review. (e) Investigations.-- (1) In general.--During the course of an investigation under this section by the Attorney General of the United States or a State attorney general, whether prior to filing an action or during such an action, the investigating attorney general may-- (A) order any person to file a statement, report in writing, or answer questions in writing, under oath or otherwise, concerning facts or circumstances reasonably related to alleged price gouging; (B) order any person to provide data or information the attorney general reasonably deems to be necessary to an investigation; and (C) issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, and conduct hearings in aid of the investigation. (2) Enforcement.--A subpoena issued under this subsection may be enforced in Federal or State court. (3) Penalty.--Failure to comply with an order or subpoena under this subsection is subject to a civil penalty of up to $10,000. (f) Limitation.--An action under this section shall be brought not later than 3 years of the date of the sale of the goods or services at issue. SEC. 5. DAMAGES AND PENALTIES. (a) In General.--A prevailing plaintiff shall be entitled to-- (1) plaintiff's damages incurred as a result of the price gouging, including without limitation a refund of all prices paid by the plaintiff in excess of conscionable and reasonable prices; (2) injunctive relief prohibiting the defendant from price gouging or mandating action; and (3) attorneys fees and costs incurred by the plaintiff. (b) Restitution.--The Attorney General of the United States and a State attorney general, in an action brought on behalf of the citizens of the United States or a State, respectively, may recover restitution or disgorgement of excess profits on behalf of those citizens. (c) Civil Penalties.-- (1) In general.--A person who violates section 4(a) shall be subject to civil penalties of up to $10,000 per incident. (2) Disposition of penalties.--Civil penalties collected through an action by the United States Attorney General shall be deposited in the United States Treasury. Civil penalties collected through an action by an attorney general of a State shall be deposited in the State's treasury. The court may apportion the deposit of civil penalties as appropriate in the circumstances. SEC. 6. ATTORNEY GENERAL AUTHORITIES. The Attorney General of the United States shall-- (1) provide assistance to and cooperate with the States in State investigations of price gouging and in State litigation brought under this Act; (2) create and disseminate guidelines designed to assist the public to recognize and report price gouging and establish a system to gather and disseminate information about instances of reported price gouging; and (3) provide grants to offices of the State attorneys general of not greater than $50,000 in order to support the pursuit of price gouging investigations and other activities. SEC. 7. SAVINGS PROVISION. This Act shall not preempt or otherwise affect any State or local law.
Treat Emergency Victims Fairly Act of 2005 - Declares it is unlawful for any seller of goods or services of any type (including food, transportation, housing, and energy supplies) to engage in price gouging, that is, the charging of an unreasonable and unconscionable price for such a good or service immediately before, during, or after a natural disaster or other emergency formally declared by federal or state authorities. Permits the federal government, through the Attorney General, or a state government acting through its attorney general, to bring an action in federal or state court to enforce this Act. Requires an action that is brought under this Act in federal court to receive expedited review. Permits the Attorney General of the United States and a state attorney general, respectively, to recover restitution or disgorgement of excess profits. States that this Act does not preempt or otherwise affect any state or local law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Roadless Area Conservation Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) In General.--Congress finds that-- (1) there is a compelling need to establish national protection for inventoried roadless areas of the National Forest System in order to protect the unique social and ecological values of those irreplaceable resources; (2) roadless areas protect healthy watersheds and their numerous benefits, such as-- (A) protecting downstream communities from floods and tempering the effects of drought; (B) ensuring a supply of clean water for domestic, agricultural, and industrial uses; (C) helping maintain abundant and healthy fish and wildlife populations and habitats; (D) providing the setting for many forms of outdoor recreation; and (E) providing drinking water to millions of citizens from the more than 354 municipal watersheds found on roadless areas; (3) maintaining roadless areas in a relatively undisturbed condition-- (A) saves downstream communities millions of dollars in water filtration costs; and (B) is crucial to preserve the flow of affordable, clean water to a growing population; (4) the protection of roadless areas can maintain biological strongholds and refuges for many imperiled species by halting the ongoing fragmentation of the landscape into smaller and smaller parcels of land divided by road corridors; (5) roadless areas conserve native biodiversity by serving as a bulwark against the spread of nonnative invasive species; (6) roadless areas provide unparalleled opportunities for hiking, camping, picnicking, wildlife viewing, hunting, fishing, cross-country skiing, canoeing, mountain-biking, and similar activities; (7) while roadless areas may have many wilderness-like attributes, unlike wilderness areas, the use of mechanized means of travel is allowed in many roadless areas; (8) roadless areas contain many sites sacred to Native Americans and other groups that use roadless areas for spiritual and religious retreats; (9) from the inception of Federal land management, it has been the mission of the Forest Service and other agencies to manage the National Forest System for the dual purposes of resource extraction and conservation; (10) consistent with that dual mission, this Act-- (A) protects social and ecological values, while allowing for many multiple uses of inventoried roadless areas; and (B) does not impose any limitations on the use of, or access to, private, State, or National Forest System land outside inventoried roadless areas; (11) establishing a consistent national policy for the protection of inventoried roadless areas-- (A) ensures that the considerable long-term ecological and economic benefits of protecting roadless areas for future generations are properly considered; (B) diminishes the likelihood of controversy at the project level; and (C) enables the Forest Service to focus on the economic and environmental benefits of reducing hazardous fuel buildups in already roaded portions of the landscape; (12) the National Fire Plan indicates that fires are almost twice as likely to occur in roaded areas as in roadless areas, because roadless areas are generally located further away from communities and are harder to access; (13) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A Cohesive Strategy'' (65 Fed. Reg. 67480) advocates a higher priority for fuel reduction on land that is near communities and readily accessible municipal watersheds; (14) the Forest Service has an enormous backlog of maintenance needs for the existing 386,000 mile road system of the Forest Service that will cost millions of dollars to eliminate; (15) no State or private land owner would continue to build new roads in the face of such an enormous backlog; (16) failure to maintain forest roads-- (A) limits public access; and (B) causes degradation of water quality and wildlife and fish habitat; and (17) protection of roadless areas-- (A) will impact less than 0.5 percent of the national timber supply; and (B) will have a negligible impact on oil and gas production since-- (i) the entire National Forest System provides only approximately 0.4 percent of the quantity of oil and gas that is produced in the United States; and (ii) roadless areas provide only a fraction of the quantity of oil and gas that is produced in the National Forest System. (b) Purpose.--The purpose of this Act is to provide, within the context of multiple-use management, lasting protection for inventoried roadless areas within the National Forest System. SEC. 3. DEFINITIONS. In this Act: (1) Classified road.-- (A) In general.--The term ``classified road'' means a road wholly or partially within, or adjacent to, National Forest System land that is determined to be needed for long-term motor vehicle access. (B) Inclusions.--The term ``classified road'' includes a State road, a county road, a privately owned road, a National Forest System road, and any other road authorized by the Forest Service. (2) Inventoried roadless area.--The term ``inventoried roadless area'' means an area identified in the set of inventoried roadless area maps contained in the document entitled ``Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2'', dated November 2000, which is on file at the national headquarters office of the Forest Service, or any subsequent update or revision of those maps. (3) Responsible official.--The term ``responsible official'' means the Forest Service line officer or employee with the authority and responsibility to make decisions regarding protection and management of inventoried roadless areas under this Act. (4) Road.--The term ``road'' means a motor vehicle travelway over 50 inches wide, unless designated and managed as a trail. (5) Road construction.--The term ``road construction'' means activity that results in the addition of classified road or temporary road miles. (6) Road improvement.--The term ``road improvement'' means activity that results in-- (A) an increase of the traffic service level of an existing road; (B) expansion of the capacity of the road; or (C) a change in the original design function of the road. (7) Roadless area characteristics.--The term ``roadless area characteristics'' means resources or features that are often present in and characterize inventoried roadless areas, including-- (A) high quality or undisturbed soil, water, and air; (B) sources of public drinking water; (C) diversity of plant and animal communities; (D) habitat for-- (i) threatened, endangered, candidate, or sensitive species, and species proposed for listing, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (ii) species dependent on large, undisturbed areas of land; (E) primitive, semiprimitive nonmotorized, and semiprimitive motorized classes of dispersed recreation; (F) reference landscapes; (G) natural appearing landscapes with high scenic quality; (H) traditional cultural properties and sacred sites; and (I) other locally identified unique characteristics. (8) Road maintenance.--The term ``road maintenance'' means ongoing upkeep of a road necessary to retain or restore the road in accordance with approved road management objectives. (9) Road realignment.--The term ``road realignment'' means an activity that results in-- (A) a new location of all or part of an existing road; and (B) treatment of the old roadway. (10) Road reconstruction.--The term ``road reconstruction'' means an activity that results in improvement, or realignment, of an existing classified road. (11) Temporary road.--The term ``temporary road'' means a road that is-- (A) authorized by contract, permit, lease, other written authorization, or emergency operation; and (B) not intended to be part of the forest transportation system and not necessary for long-term resource management. (12) Unclassified road.--The term ``unclassified road'' means a road on National Forest System land that is not managed as part of the forest transportation system, such as-- (A) an unplanned road, abandoned travelway, or off- road vehicle track that has not been designated and managed as a trail; and (B) a road that was once under permit or other authorization and was not decommissioned on the termination of the authorization. SEC. 4. PROHIBITION ON ROAD CONSTRUCTION AND ROAD RECONSTRUCTION IN INVENTORIED ROADLESS AREAS. (a) Prohibition.--Except as provided in subsection (b), road construction and road reconstruction may not take place in an inventoried roadless area of the National Forest System. (b) Exceptions.--Road construction and road reconstruction may take place, including through the use of appropriated funds, in an inventoried roadless area of the National Forest System if the responsible official determines that-- (1) a road is needed to protect public health and safety in a case of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property; (2) a road is needed to conduct-- (A) a response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or (B) a natural resource restoration action under-- (i) that Act; (ii) section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (iii) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (3) a road is needed pursuant to a reserved or outstanding right, or as provided for by law or treaty; (4) a road realignment is needed-- (A) to prevent irreparable resource damage that arises from the design, location, use, or deterioration of a classified road that cannot be mitigated by road maintenance; and (B) to provide for essential public or private access, natural resource management, or public health or safety; (5) road reconstruction is needed to implement a road safety improvement project on a classified road determined to be hazardous on the basis of accident experience or accident potential with respect to the road; (6)(A) a Federal-aid highway project authorized under title 23, United States Code, is-- (i) in the public interest; or (ii) consistent with the purposes for which the land was reserved or acquired; and (B) no other reasonable and prudent alternative to the project exists; or (7)(A) a road is needed in conjunction with-- (i) the continuation, extension, or renewal of a mineral lease on land that is under lease by the Secretary of the Interior as of January 12, 2001; or (ii) the issuance of a new lease issued immediately on expiration of an existing lease described in clause (i); (B) road construction or road reconstruction under this paragraph will be conducted in a manner that-- (i) minimizes the effects on surface resources; (ii) prevents unnecessary or unreasonable surface disturbance; and (iii) complies with all applicable laws (including regulations), lease requirements, and land and resource management plan directives; and (C) a road constructed or reconstructed under this paragraph will be removed on the earlier of-- (i) the date on which the road is no longer needed for the purposes of the lease; or (ii) the date of termination or expiration of the lease. (c) Road Maintenance.--A classified road in an inventoried roadless area may be maintained. SEC. 5. PROHIBITION ON TIMBER CUTTING, SALE, OR REMOVAL IN INVENTORIED ROADLESS AREAS. (a) Prohibition.--Except as provided in subsection (b), timber may not be cut, sold, or removed in an inventoried roadless area of the National Forest System. (b) Exceptions.--Timber may be cut, sold, or removed in an inventoried roadless area if the responsible official determines that the cutting, sale, or removal of the timber is expected to be infrequent and-- (1) the cutting, sale, or removal of generally small diameter timber-- (A) will improve or maintain 1 or more roadless area characteristics; and (B) is needed-- (i) to improve habitat for threatened, endangered, candidate, or sensitive species, and species proposed for listing, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (ii) to maintain or restore the characteristics of ecosystem composition and structure, such as to reduce the risk of uncharacteristic wildfire effects, within the range of variability that would be expected to occur under a natural disturbance regime of the current climatic period; (2) the cutting, sale, or removal of timber is incidental to the implementation of a management activity not otherwise prohibited by this Act; (3) the cutting, sale, or removal of timber is needed and appropriate for personal or administrative use, in accordance with part 223 of title 36, Code of Federal Regulations; or (4) roadless characteristics have been substantially altered in a portion of an inventoried roadless area as a result of the construction of a classified road and subsequent timber harvest, if-- (A) the road construction and subsequent timber harvest occurred after the area was designated an inventoried roadless area and before January 12, 2001; and (B) timber is cut, sold, or removed only in the substantially altered portion of the inventoried roadless area. SEC. 6. SCOPE AND APPLICABILITY. (a) Effect.--This Act does not-- (1) revoke, suspend, or modify any permit, contract, or other legal instrument authorizing the occupancy and use of National Forest System land issued or entered into before January 12, 2001; (2) compel the amendment or revision of any land and resource management plan; (3) revoke, suspend, or modify any decision concerning any project or activity made before January 12, 2001; or (4) apply to road construction, reconstruction, or the cutting, sale, or removal of timber in an inventoried roadless area of the Tongass National Forest if a notice of availability of a draft environmental impact statement for such activity has been published in the Federal Register before January 12, 2001. (b) Limitation on Revision.--The prohibitions and restrictions established in this Act are not subject to reconsideration, revision, or rescission in any subsequent project decision or amendment or revision to any land and resource management plan carried out in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
Roadless Area Conservation Act of 2002 - Prohibits road construction and road reconstruction in inventoried roadless areas of the National Forest System. Specifies exceptions, including because: (1) there is threat of a catastrophic event; (2) a natural resource restoration action is necessary; or (3) a Federal-aid highway project is in the public interest or is consistent with the purposes for which the land was reserved or acquired.Forbids timber from being cut, sold, or removed in an inventoried roadless area. Permits various exceptions, including for specified environmental reasons, if the responsible official determines that the cutting, sale, or removal of timber is expected to be infrequent.Declares that this Act does not: (1) revoke, suspend, or modify legal instruments and decisions concerning the use of NFS land made before January 12, 2001; (2) compel the amendment or revision of any land and resource management plan; or (3) apply to specified activities in the Tongass National Forest.States that the prohibitions and restrictions of this Act cannot be reconsidered, modified, or terminated under the Forest and Rangeland Renewable Resources Planning Act of 1974.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Freedom Consolidation Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The sustained commitment of the North Atlantic Treaty Organization (NATO) to mutual defense has made possible the democratic transformation of Central and Eastern Europe. Members of the North Atlantic Treaty Organization can and should play a critical role in addressing the security challenges of the post-Cold War era in creating the stable environment needed for those emerging democracies in Europe. (2) Lasting stability and security in Europe requires the military, economic, and political integration of emerging democracies into existing European structures. (3) In an era of threats from terrorism and the proliferation of weapons of mass destruction, the North Atlantic Treaty Organization is increasingly contributing to security in the face of global security challenges for the protection and interests of its member states. (4) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date...''. (5) In the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to the North Atlantic Treaty Organization, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine...the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (6) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and Bulgaria...would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date''. (7) In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed ``...the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996''. (8) At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating ``[t]he alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership...[n]o European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (9) At the Washington Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique declaring ``[w]e pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area...[t]he three new members will not be the last...[n]o European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location...''. (10) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Republic of Macedonia, Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that-- (A) their countries will cooperate in jointly seeking membership in the North Atlantic Treaty Organization in the next round of enlargement of the North Atlantic Treaty Organization; (B) the realization of membership in the North Atlantic Treaty Organization by one or more of these countries would be a success for all; and (C) eventual membership in the North Atlantic Treaty Organization for all of these countries would be a success for Europe and for the North Atlantic Treaty Organization. (11) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated ``[a]ll of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom-- and the same chance to join the institutions of Europe--as Europe's old democracies have...I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings...[a]s we plan to enlarge NATO, no nation should be used as a pawn in the agenda of others...[w]e will not trade away the fate of free European peoples...[n]o more Munichs...[n]o more Yaltas...[a]s we plan the Prague Summit, we should not calculate how little we can get away with, but how much we can do to advance the cause of freedom''. (12) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated ``NATO's doors will not close behind its first new members...NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership...[n]o nation will be automatically excluded...[n]o country outside NATO will have a veto...[a] gray zone of insecurity must not reemerge in Europe''. (13) At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join the Alliance in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating ``NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty''. (14) On May 8, 2003, the United States Senate unanimously approved the Resolution of Ratification to Accompany Treaty Document No. 108-4, Protocols to the North Atlantic Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to join the North Atlantic Treaty Organization. (15) At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization heads of state and government issued a communique reaffirming that NATO's door remains open to new members, declaring ``[w]e celebrate the success of NATO's Open Door Policy, and reaffirm tody that our seven new members will not be the last. The door to membership remains open. We welcome the progress made by Albania, Croatia, and the former Yugoslav Republic of Macedonia (1) in implementing their Annual National Programmes under the Membership Action Plan, and encourage them to continue pursuing the reforms necessary to progress toward NATO membership. We also commend their contribution to regional stability and cooperation. We want all three countries to succeed and will continue to assist them in their reform efforts. NATO will continue to assess each country's candidacy individually, based on the progress made towards reform goals pursued through the Membership Action Plan, which will remain the vehicle to keep the readiness of each aspirant for membership under review. We direct that NATO Foreign Ministers keep the enlargement process, including the implementation of the Membership Action Plan, under continual review and report to us. We will review at the next Summit progress by aspirants towards membership based on that report''. (16) Georgia has stated its desire to join the Euro- Atlantic community, and in particular, is seeking to join North Atlantic Treaty Organization. Georgia is working closely with the North Atlantic Treaty Organization and its members to meet criteria for eventual membership in NATO. (17) At a press conference with President Mikhail Saakashvili of Georgia in Washington, D.C. on July 5, 2006, President George W. Bush stated that ``... I believe that NATO would benefit with Georgia being a member of NATO, and I think Georgia would benefit. And there's a way forward through the Membership Action Plan...And I'm a believer in the expansion of NATO. I think it's in the world's interest that we expand NATO''. (18) Following a meeting of NATO Foreign Ministers in New York on September 21, 2006, NATO Secretary General Jaap de Hoop Scheffer announced the launching of an Intensified Dialogue on membership between the Alliance and Georgia. (19) Contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization, Congress calls for the timely admission of Albania, Croatia, Georgia, and Macedonia to the North Atlantic Treaty Organization to promote security and stability in Europe. (20) The North Atlantic Treaty Organization heads of state and government will hold a North Atlantic Treaty Organization Summit in Riga, Latvia, in November 2006. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) reaffirms its previous expressions of support for continued enlargement of the North Atlantic Treaty Organization contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, the European Security Act of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act of 2002; (2) supports the commitment to further enlargement of the North Atlantic Treaty Organization to include European democracies that are able and willing to meet the responsibilities of Membership, as expressed by the Alliance in its Madrid Summit Declaration of 1997, its Washington Summit Communique of 1999, its Prague Summit Declaration of 2002, and its Istanbul Summit Communique of 2004; and (3) endorses the vision of further enlargement of the North Atlantic Treaty Organization articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our allies in the North Atlantic Treaty Organization to work with the United States to realize a role for the North Atlantic Treaty Organization in promoting global security, including continued support for enlargement to include qualified candidate states, specifically by entering into a Membership Action Plan with Georgia and recognizing the progress toward meeting the responsibilities and obligations of NATO membership by Albania, Croatia, Georgia, and Macedonia at the NATO Summit in Riga, Latvia. SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, AND MACEDONIA AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Designation.-- (1) Albania.--The Republic of Albania is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Croatia.--The Republic of Croatia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (3) Georgia.--Georgia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (4) Macedonia.--The Republic of Macedonia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of the Republic of Albania, the Republic of Croatia, Georgia, and the Republic of Macedonia pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), and the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. Of the amounts made available for fiscal year 2007 under section 23 of the Arms Export Control Act (22 U.S.C. 2763)-- (1) $3,200,000 is authorized to be available on a grant basis for the Republic of Albania; (2) $3,000,000 is authorized to be available on a grant basis for the Republic of Croatia; (3) $10,000,000 is authorized to be available on a grant basis for Georgia; and (4) $3,600,000 is authorized to be available on a grant basis for the Republic of Macedonia. SEC. 6. SENSE OF CONGRESS. Congress affirms that it stands ready to consider, and if all applicable criteria are satisfied, to support efforts by Ukraine to join the North Atlantic Treaty Organization, should Ukraine decide that is wishes to pursue membership in the Alliance. Passed the Senate November 16, 2006. Attest: EMILY J. REYNOLDS, Secretary.
NATO Freedom Consolidation Act of 2006 - Supports enlargement of the North Atlantic Treaty Organization (NATO). Designates Albania, Croatia, Georgia, and Macedonia as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Specifies FY2007 amounts under the Arms Export Control Act for: (1) Albania; (2) Croatia; (3) Georgia; and (4) Macedonia. Affirms that Congress stands ready to consider, and if all applicable criteria are satisfied, to support efforts by Ukraine to join NATO.
{"src": "billsum_train", "title": "A bill to endorse further enlargement of the North Atlantic Treaty Organization (NATO) and to facilitate the timely admission of Albania, Croatia, Georgia, and Macedonia to NATO, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Consumer Financial Protection Regulations Act of 2013''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereinafter referred to in this section as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of the Vice Chairman for Supervision of the Federal Reserve System and 4 additional members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; and ``(B) have strong competencies and experiences related to consumer financial protection. ``(2) Staggering.--The members of the Commission appointed under paragraph (1) shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission appointed under paragraph (1), including the Chair, shall serve for a term of 5 years. ``(B) Removal.--The President may remove any member of the Commission appointed under paragraph (1). ``(C) Vacancies.--Any member of the Commission appointed under paragraph (1) appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission appointed under paragraph (1) may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission appointed under paragraph (1) shall engage in any other business, vocation, or employment. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c)(1), not more than 2 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission appointed under subsection (c)(1). ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 3 other members of the Commission appointed under subsection (c)(1) shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 is amended-- (A) by striking ``Director of the'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; (B) by striking ``Director'' each place such term appears and inserting ``Bureau'', other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions.--The Consumer Financial Protection Act of 2010 is amended-- (A) in section 1012(c)(4), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (B) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (C) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (D) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; and (E) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (1) in section 111(b)(1)(D), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.
Responsible Consumer Financial Protection Regulations Act of 2013 - Amends the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to replace the position of Director of the Consumer Financial Protection Bureau (CFPB) with a five-member Commission composed of the Vice Chairman for Supervision of the Federal Reserve System and four additional members appointed by the President, by and with the advice and consent of the Senate, each to serve for a term of five years. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the Commission's prior approval. Makes technical and conforming amendments to related statutes.
{"src": "billsum_train", "title": "Responsible Consumer Financial Protection Regulations Act of 2013"}
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SECTION 1. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS TO FUND THE CHILD HEALTH INSURANCE AND LOWER DEFICIT ACT. (a) Cigarettes.--Section 5701(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' and inserting ``$33.50 per thousand'', and (2) in paragraph (2), by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' and inserting ``$70.35 per thousand''. (b) Cigars.--Section 5701(a) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 or 1992)'' and inserting ``$3.141 cents per thousand'', and (2) by striking ``equal to'' and all that follows in paragraph (2) and inserting ``equal to 35.59 percent of the price for which sold but not more than $83.75 per thousand.'' (c) Cigarette Papers.--Section 5701(c) of the Internal Revenue Code of 1986 is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``2.09 cents''. (d) Cigarette Tubes.--Section 5701(d) of the Internal Revenue Code of 1986 is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``4.18 cents''. (e) Smokeless Tobacco.--Section 5701(e) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' and inserting ``$6.09'', and (2) by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' in paragraph (2) and inserting ``$2.41''. (f) Pipe Tobacco.--Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking ``67.5 cents (56.25 cents on pipe tobacco removed during 1991 or 1992)'' and inserting ``$1.88''. (g) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(k) of the Internal Revenue Code of 1986) after September 30, 1997. (h) Floor Stocks Taxes.-- (1) Imposition of tax.--On tobacco products and cigarette papers and tubes manufactured in or imported into the United States which are removed before October 1, 1997, and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of-- (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 or 7652 of such Code on such article. (2) Authority to exempt cigarettes held in vending machines.--To the extent provided in regulations prescribed by the Secretary, no tax shall be imposed by paragraph (1) on cigarettes held for retail sale on October 1, 1997, by any person in any vending machine. If the Secretary provides such a benefit with respect to any person, the Secretary may reduce the $500 amount in paragraph (3) with respect to such person. (3) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on October 1, 1997, for which such person is liable. (4) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigarettes on October 1, 1997, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before January 1, 1998. (5) Articles in foreign trade zones.--Notwithstanding the Act of June 18, 1934 (48 Stat. 998, 19 U.S.C. 81a) and any other provision of law, any article which is located in a foreign trade zone on October 1, 1997, shall be subject to the tax imposed by paragraph (1) if-- (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of a customs officer pursuant to the 2d proviso of such section 3(a). (6) Definitions.--For purposes of this subsection-- (A) In general.--Terms used in this subsection which are also used in section 5702 of the Internal Revenue Code of 1986 shall have the respective meanings such terms have in such section, as amended by this Act. (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (7) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (8) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made.
Amends the Internal Revenue Code to increase the excise tax on tobacco products.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase the excise taxes on tobacco products for the purpose of offsetting the Federal budgetary costs associated with the Child Health Insurance and Lower Deficit Act."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Technology Acceleration Act of 2016''. SEC. 2. INNOVATION IN CLEAN WATER STATE REVOLVING FUNDS. (a) Innovative Water Technologies.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (1) in subsection (c)-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(12) for the deployment of innovative water technologies, including-- ``(A) green technologies, including manufactured technology and natural systems, to address nonpoint source pollution from agriculture; ``(B) resource recovery in water and wastewater treatment systems, including-- ``(i) energy conservation and production; ``(ii) water reuse and recycling; and ``(iii) recovery of valuable materials, such as nutrients from wastewater streams; and ``(C) green infrastructure and other innovative technologies, such as real-time system monitoring and peak wet weather treatment technology, to reduce sewer and storm water overflows due to wet weather events in urban areas.''; and (2) by adding at the end the following: ``(j) Technical Assistance.--The Administrator shall carry out technical assistance programs to facilitate and encourage the provision of financial assistance for the purposes described in subsection (c)(12). ``(k) Report.--Each year, the Administrator shall submit to Congress a report that describes-- ``(1) the amount of financial assistance provided by State water pollution control revolving funds to deploy innovative water technologies; ``(2) the barriers impacting greater use of innovative water technologies; and ``(3) the cost-saving potential to cities and future infrastructure investments from emerging technologies.''. (b) Authorization of Appropriations.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking ``There is'' and inserting the following: ``(1) In general.--There are''; and (3) by adding at the end the following: ``(2) Innovative water technologies.--In addition to any other funds made available to carry out this title and notwithstanding any other provision of this Act, there is authorized to be appropriated to the Administrator to make additional allotments under this title to States to provide financial assistance solely for purposes described in section 603(c)(12) $100,000,000 for each fiscal year.''. SEC. 3. INNOVATION IN DRINKING WATER STATE REVOLVING FUNDS. Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (1) in subsection (a)(2)-- (A) in the first sentence-- (i) by striking ``only''; and (ii) by striking ``Except'' and inserting the following: ``(A) In general.--Except''; (B) in the second sentence, by striking ``Financial'' and inserting the following: ``(B) Financial assistance.--Financial''; (C) in the third sentence, by striking ``The funds'' and inserting the following: ``(C) Loans to public water systems.--The funds''; (D) in the fourth sentence, by striking ``The funds'' and inserting the following: ``(D) Innovative water technologies.--The funds may be used for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users. ``(E) Limitation.--The funds''; and (E) in the fifth sentence, by striking ``Of the amount'' and inserting the following: ``(F) Public water systems serving fewer than 10,000 persons.--Of the amount''; (2) in subsection (f)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users.''; (3) by striking subsection (m) and inserting the following: ``(m) Authorization of Appropriations.--In addition to any other funds made available to carry out this section and notwithstanding any other provision of this Act, there is authorized to be appropriated to the Administrator to make additional allotments under this section to States to provide financial assistance solely for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users, $100,000,000 for each fiscal year.''; and (4) by adding at the end the following: ``(s) Technical Assistance.--The Administrator shall carry out technical assistance programs to facilitate and encourage the provision of financial assistance for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users. ``(t) Report.--Each year, the Administrator shall submit to Congress a report that describes-- ``(1) the amount of financial assistance provided by State drinking water revolving funds to deploy innovative water technologies; ``(2) the barriers impacting greater use of innovative water technologies; and ``(3) the cost-saving potential to cities and future infrastructure investments from emerging technologies.''. SEC. 4. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a public utility, including publicly owned treatment works and clean water systems; (B) a municipality; (C) a private entity, including a farmer or manufacturer; (D) an institution of higher education; (E) a research institution or foundation; (F) a State; (G) a regional organization; or (H) a nonprofit organization. (b) Grant Program Authorized.--The Administrator shall carry out a grant program for purposes described in subsection (c) to accelerate the development of innovative water technologies that address pressing water challenges. (c) Grants.--In carrying out the program under subsection (b), the Administrator shall make to eligible entities grants that-- (1) finance projects that-- (A) are public-private partnerships; and (B) deploy, test, and improve emerging water technologies; (2) fund entities that provide technical assistance to deploy innovative water technologies more broadly, especially-- (A) to increase adoption of innovative water technologies in-- (i) municipal water and wastewater treatment systems; or (ii) areas served by private wells; and (B) in a manner that reduces ratepayer or community costs over time, including the cost of future capital investments; or (3) specifically target investments that, as determined by the Administrator-- (A) improve water quality of a water source; (B) improve water quality through the improvement of the safety and security of a drinking water delivery system; (C) minimize contamination of drinking water, including contamination by lead, bacteria, and nitrates; (D) improve the quality and timeliness and decrease the cost of drinking water tests, especially technologies that can be deployed within water systems and at individual faucets to provide accurate real-time tests of water quality, especially with respect to lead, bacteria, and nitrate content; (E) treat edge-of-field runoff to improve water quality; (F) treat agricultural, municipal, and industrial wastewater; (G) manage urban storm water runoff; (H) conserve water; or (I) address urgent water quality and human health needs. (d) Priority Funding.--In making grants under this section, the Administrator shall give priority to projects that have the potential-- (1) to provide substantial cost savings across a sector (such as municipal or agricultural waste treatment); or (2) to significantly improve human health or the environment. (e) Cost-Sharing.--The Federal share of the cost of activities carried out using a grant made under this section shall be not more than 70 percent. (f) Limitation.--The maximum amount of a grant provided to a project under this section shall be $5,000,000. (g) Report.--Each year, the Administrator shall submit to Congress and make publicly available on the website of the Administrator a report that describes any advancements during the previous year in development of innovative water technologies made as a result of funding provided under this section. (h) Funding.--There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.
Water Technology Acceleration Act of 2016 This bill amends the Federal Water Pollution Control Act and the Safe Drinking Water Act to accelerate the testing, deployment, and commercialization of innovative water technologies. The Environmental Protection Agency (EPA)must evaluate the barriers impacting greater use of innovative water technology and provide technical assistance to facilitate financial assistance tohelp communities use new technology.The new technology is designed to help communities address wastewater, storm runoff, and drinking water challenges. Additionally, the EPA must carry out a grant program to accelerate the testing and deployment of innovative water technologies that address water challenges. Priority funding must be given to projects that have the potential to: (1)provide substantial cost savings across a sector, or (2)significantly improve human health or the environment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2007''. SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION CONTRIBUTION. (a) Grants and Other Assistance.--Section 14321(a) of title 40, United States Code, is amended-- (1) by striking paragraph (1)(A)(i) and inserting the following: ``(i) the amount of the grant shall not exceed-- ``(I) 50 percent of administrative expenses; ``(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or ``(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;''; and (2) by striking paragraph (2)(A) and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than-- ``(i) 50 percent may be provided from amounts appropriated to carry out this subtitle; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.''. (b) Demonstration Health Projects.--Section 14502 of title 40, United States Code, is amended-- (1) by striking subsection (d)(2) and inserting the following: ``(2) Limitation on available amounts.--Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized by this section, may be made for up to-- ``(A) 50 percent of the cost of that operation; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.''; and (2) in subsection (f)-- (A) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of-- ``(A) 70 percent; or ``(B) the maximum Federal contribution percentage authorized by this section.''. (c) Assistance for Proposed Low- and Middle-Income Housing Projects.--Section 14503 of title 40, United States Code, is amended-- (1) by striking subsection (d)(1) and inserting the following: ``(1) Limitation on available amounts.--A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to-- ``(A) 50 percent of that cost; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.''; and (2) by striking subsection (e)(1) and inserting the following: ``(1) In general.--A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall-- ``(A) not be made to an organization established for profit; and ``(B) except as provided in paragraph (2), not exceed-- ``(i) 50 percent of those expenses; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.''. (d) Telecommunications and Technology Initiative.--Section 14504 of title 40, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (e) Entrepreneurship Initiative.--Section 14505 of title 40, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (f) Regional Skills Partnerships.--Section 14506 of title 40, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (g) Supplements to Federal Grant Programs.--Section 14507(g) of title 40, United States Code, is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.''. SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE. (a) In General.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14508. Economic and energy development initiative ``(a) Projects To Be Assisted.--The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the Appalachian region for projects-- ``(1) to promote energy efficiency in the region to enhance its economic competitiveness; ``(2) to increase the use of renewable energy resources in the region to produce alternative transportation fuels, electricity, and heat; and ``(3) to support the development of conventional energy resources in the region to produce alternative transportation fuels, electricity, and heat. ``(b) Limitation on Available Amounts.--Of the cost of any project eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section. ``(c) Sources of Assistance.--Assistance under this section may be provided from amounts made available to carry out this section in combination with amounts made available under other Federal programs or from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.''. (b) Conforming Amendment.--The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14507 the following: ``14508. Economic and energy development initiative.''. SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES. (a) Designation of At-Risk Counties.--Section 14526 of title 40, United States Code, is amended-- (1) in the section heading by inserting ``, at-risk,'' after ``Distressed''; and (2) in subsection (a)(1)-- (A) by redesignating subparagraph (B) as subparagraph (C); (B) in subparagraph (A) by striking ``and'' at the end; and (C) by inserting after subparagraph (A) the following: ``(B) designate as `at-risk counties' those counties in the Appalachian region that are most at risk of becoming economically distressed; and''. (b) Conforming Amendment.--The analysis for chapter 145 of such title is amended by striking the item relating to section 14526 and inserting the following: ``14526. Distressed, at-risk, and economically strong counties.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 14703(a) of title 40, United States Code, is amended to read as follows: ``(a) In General.--In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle (other than section 14508)-- ``(1) $65,000,000 for fiscal year 2007; ``(2) $80,000,000 for fiscal year 2008; ``(3) $85,000,000 for fiscal year 2009; ``(4) $90,000,000 for fiscal year 2010; and ``(5) $95,000,000 for fiscal year 2011.''. (b) Authorization of Appropriations.--Section 14703(b) of such title is amended to read as follows: ``(b) Economic and Energy Development Initiative.--In addition to amounts made available under section 14501, there is authorized to be appropriated to the Commission to carry out section 14508 $12,000,000 for each of fiscal years 2008 through 2011.''. (c) Availability.--Section 14703(c) of such title is amended by striking ``subsection (a)'' and by inserting ``subsections (a) and (b)''. (d) Allocation of Funds.--Section 14703 of such title is amended by adding at the end the following: ``(d) Allocation of Funds.--Funds approved by the Commission for a project in a State in the Appalachian region pursuant to congressional direction shall be derived from such State's portion of the Commission's allocation of appropriated amounts among the States.''. SEC. 6. TERMINATION. Section 14704 of title 40, United States Code, is amended by striking ``2006'' and inserting ``2011''. SEC. 7. ADDITIONS TO APPALACHIAN REGION. (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States Code, is amended-- (1) by inserting ``Metcalfe,'' after ``Menifee,''; (2) by inserting ``Nicholas,'' after ``Morgan,''; and (3) by inserting ``Robertson,'' after ``Pulaski,''. (b) Ohio.--Section 14102(a)(1)(H) of such title is amended-- (1) by inserting ``Ashtabula,'' after ``Adams,''; (2) by inserting ``Fayette,'' after ``Coshocton,''; (3) by inserting ``Mahoning,'' after ``Lawrence,''; and (4) by inserting ``Trumbull,'' after ``Scioto,''. (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended-- (1) by inserting ``Giles,'' after ``Franklin,''; and (2) by inserting ``Lawrence, Lewis, Lincoln,'' after ``Knox,''. (d) Virginia.--Section 14102(a)(1)(L) of such title is amended-- (1) by inserting ``Henry,'' after ``Grayson,''; and (2) by inserting ``Patrick,'' after ``Montgomery,''. Passed the House of Representatives July 16, 2007. Attest: LORRAINE C. MILLER, Clerk.
Appalachian Regional Development Act Amendments of 2007 - (Sec. 2) Limits the maximum Appalachian Regional Commission contribution through non-highway grants and loans for designated at-risk counties to 70% of costs. (Sec. 3) Authorizes the Commission to provide technical assistance, make grants, or otherwise provide amounts to and contract with persons or entities in the Appalachian region for projects to: (1) promote energy efficiency to enhance economic competitiveness; (2) increase the use of renewable energy resources to produce alternative transportation fuels, electricity, and heat; and (3) support the development of conventional energy resources to produce alternative transportation fuels, electricity, and heat. (Sec. 4) Directs the Commission to designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed. (Sec. 5) Authorizes additional appropriations to the Commission through FY2011 to carry out Appalachian regional development and its economic and energy development initiative under section 3. Requires that funds approved by the Commission for a project in a state in the Appalachian region pursuant to congressional direction be derived from such state's portion of the Commission's allocation of appropriated amounts among the states. (Sec. 6) Extends, for five years, the termination date of the Appalachian Regional Development Act of 1965 (with exceptions for the Appalachian development highway system and certain definitions). (Sec. 7) Includes within the Appalachian region the following areas: (1) Metcalfe, Nicholas, and Robertson counties in Kentucky; (2) Ashtabula, Fayette, Mahoning, and Trumbull counties in Ohio; (3) Giles, Lawrence, Lewis, and Lincoln counties in Tennessee; and (4) Henry and Patrick counties in Virginia.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Violation of Italian American Civil Liberties Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The freedom of more than 600,000 Italian-born immigrants in the United States and their families was restricted during World War II by Government measures that branded them ``enemy aliens'' and included carrying identification cards, travel restrictions, and seizure of personal property. (2) During World War II more than 10,000 Italian Americans living on the West Coast were forced to leave their homes and prohibited from entering coastal zones. More than 50,000 were subjected to curfews. (3) During World War II thousands of Italian American immigrants were arrested, and hundreds were interned in military camps. (4) Hundreds of thousands of Italian Americans performed exemplary service and thousands sacrificed their lives in defense of the United States. (5) At the time, Italians were the largest foreign-born group in the United States, and today are the fifth largest immigrant group in the United States, numbering approximately 15,000,000. (6) The impact of the wartime experience was devastating to Italian American communities in the United States, and its effects are still being felt. (7) A deliberate policy kept these measures from the public during the war. Even 50 years later much information is still classified, the full story remains unknown to the public, and it has never been acknowledged in any official capacity by the United States Government. SEC. 3. REPORT. The Inspector General of the Department of Justice shall conduct a comprehensive review of the treatment by the United States Government of Italian Americans during World War II, and not later than 1 year after the date of enactment of this Act shall submit to the Congress a report that documents the findings of such review. The report shall cover the period between September 1, 1939, and December 31, 1945, and shall include the following: (1) The names of all Italian Americans who were taken into custody in the initial roundup following the attack on Pearl Harbor, and prior to the United States declaration of war against Italy. (2) The names of all Italian Americans who were taken into custody. (3) The names of all Italian Americans who were interned and the location where they were interned. (4) The names of all Italian Americans who were ordered to move out of designated areas under the United States Army's ``Individual Exclusion Program''. (5) The names of all Italian Americans who were arrested for curfew, contraband, or other violations under the authority of Executive Order 9066. (6) Documentation of Federal Bureau of Investigation raids on the homes of Italian Americans. (7) A list of ports from which Italian American fishermen were restricted. (8) The names of Italian American fishermen who were prevented from fishing in prohibited zones and therefore unable to pursue their livelihoods. (9) The names of Italian Americans whose boats were confiscated. (10) The names of Italian American railroad workers who were prevented from working in prohibited zones. (11) A list of all civil liberties infringements suffered by Italian Americans during World War II, as a result of Executive Order 9066, including internment, hearings without benefit of counsel, illegal searches and seizures, travel restrictions, enemy alien registration requirements, employment restrictions, confiscation of property, and forced evacuation from homes. (12) An explanation of why some Italian Americans were subjected to civil liberties infringements, as a result of Executive Order 9066, while other Italian Americans were not. (13) A review of the wartime restrictions on Italian Americans to determine how civil liberties can be better protected during national emergencies. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the story of the treatment of Italian Americans during World War II needs to be told in order to acknowledge that these events happened, to remember those whose lives were unjustly disrupted and whose freedoms were violated, to help repair the damage to the Italian American community, and to discourage the occurrence of similar injustices and violations of civil liberties in the future; (2) Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as-- (A) conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our Nation's history; (B) the refurbishment of and payment of all expenses associated with the traveling exhibit ``Una Storia Segreta'', exhibited at major cultural and educational institutions throughout the United States; and (C) documentaries to allow this issue to be presented to the American public to raise its awareness; (3) an independent, volunteer advisory committee should be established comprised of representatives of Italian American organizations, historians, and other interested individuals to assist in the compilation, research, and dissemination of information concerning the treatment of Italian Americans; and (4) after completion of the report required by this Act, financial support should be provided for the education of the American public through the production of a documentary film suited for public broadcast. SEC. 5. FORMAL ACKNOWLEDGEMENT. The United States Government formally acknowledges that these events during World War II represented a fundamental injustice against Italian Americans.
Expresses the sense of Congress that: (1) the story of the treatment of Italian Americans during World War II needs to be told; (2) Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our nation's history, the refurbishment and payment of all expenses associated with the traveling exhibit "Una Storia Segreta," and documentaries allowing this issue to be presented to the American public; (3) an advisory committee should be established to assist in the compilation, research, and dissemination of information on the treatment of Italian Americans; and (4) financial support should be provided for educating the American public through the production of a documentary film suited for public broadcast. States that the U.S. Government formally acknowledges that these events during World War II represented a fundamental injustice against Italian Americans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Security and Iran Sanctions Enforcement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illicit nuclear activities of the Government of Iran--combined with its development of unconventional weapons and ballistic missiles and support for international terrorism--represent a serious threat to the security of the United States and United States allies in Europe, the Middle East, and around the world. (2) Executive Order 12959, issued on May 8, 1995, banned all new investment in Iran by United States individuals and companies. (3) On August 5, 1996, the Iran and Libya Sanctions Act of 1996 (later re-titled the Iran Sanctions Act of 1996) was enacted in order, among other purposes, to encourage foreign persons to withdraw from the Iranian market. (4) United Nations Security Council Resolution 1929 (June 9, 2010) notes, ``the potential connection between Iran's revenues derived from its energy sector and the funding of Iran's proliferation-sensitive nuclear activities,'' and further notes that ``chemical process equipment and materials required for the petrochemical industry have much in common with those required for certain sensitive nuclear fuel cycle activities''. (5) Through its sanctions regime, the United States Government seeks to prevent the Iranian Government and engineers and scientists employed by state-owned Iranian energy companies or companies affiliated with Iran's Revolutionary Guard Corps from gaining access to key domain expertise, technology and equipment that could aid the development of Iran's energy sector and also assist Iran in certain proliferation activities. (6) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which was signed into law on July 1, 2010, included sanctions against goods, services, and technology to modernize Iran's oil and natural gas sector. (7) The threat of sanctions has constrained the supply of capital, technology, and services to the Iranian petroleum sector, and several companies have withdrawn their business from Iran. (8) The Government of Iran is pursuing partnerships outside Iran with foreign energy-related companies, including joint ventures, investments, and partnerships. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency and the United Nations Security Council to end the Government of Iran's illicit nuclear activities; (2) international diplomatic efforts to address the Government of Iran's illicit nuclear efforts and support for international terrorism are more likely to be effective if strong additional sanctions are imposed on the Government of Iran; (3) the concerns of the United States regarding the Government of Iran are strictly the result of the actions of the Government of Iran; (4) Iranian partnerships outside Iran with foreign energy- related companies, including joint ventures, investments and partnerships, could give the Iranian Government and engineers and scientists employed by state-owned Iranian energy companies or companies affiliated with Iran's Revolutionary Guard Corps access to key domain expertise, technology and equipment that could aid the development of Iran's energy sector and also assist Iran in certain proliferation activities; (5) joint ventures with Iranian state-owned energy companies serve to interfere with international attempts to build a consensus for action regarding the Government of Iran's ongoing refusal to comply with its international obligations regarding its nuclear program; and (6) in order for sanctions to be effective and enabling a diplomatic solution, the Government of Iran should be prevented from disregarding their international obligations by prohibiting foreign companies from receiving Iranian capital, technology, and expertise, and by blocking foreign energy- related companies from entering into joint ventures, investments, and partnerships for energy and energy-related projects outside of Iran. SEC. 4. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING. (a) Certification Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that requires that-- (A) the person that is the lessee to certify annually to the Secretary that the person does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a certification or makes such a certification that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of the Treasury, that the person has failed to make a certification required under such provision or made such a certification that is false, shall cancel the lease. (b) Disclosure Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that-- (A) requires the person that is the lessee to disclose to the Secretary any participation by the person in any energy-related joint venture, investment, or partnership located outside Iran that involves-- (i) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); (ii) any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or (iii) any entity listed on appendix A to part 560 of title 31, Code of Federal Regulations (relating to the Iranian Transactions Regulations); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a disclosure or makes such a disclosure that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of the Treasury, that the person has failed to make a disclosure required under such provision or made such a disclosure that is false, shall cancel the lease. (c) Waiver.-- (1) In general.--The Secretary of the Interior may waive the requirement of subsection (a) or (b) (or both) on a case- by-case basis if the Secretary determines and certifies in writing to the appropriate congressional committees that it is in the national interest of the United States to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Secretary of the Interior shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Reporting Requirement.--The Secretary of the Interior shall promptly report to the appropriate congressional committees any cancellation of a lease under this section, including an explanation of the reasons for the cancellation. (e) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate; and (2) the term ``person'' has the meaning given such term in section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). SEC. 5. SUNSET. This Act shall terminate 30 days after the date on which the President certifies to Congress that the Government of Iran-- (1) has permanently ceased-- (A) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (B) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles; and (2) poses no significant threat to United States national security, interests, or allies.
Gulf Security and Iran Sanctions Enforcement Act - Declares the sense of Congress about sanctions for the government of Iran's illicit nuclear activities and support for international terrorism. Urges that foreign companies be prohibited from receiving Iranian capital, technology, and expertise, and that foreign energy-related companies, especially, be blocked from entering into joint ventures, investments, and partnerships for energy and energy-related projects outside of Iran. Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Law Enforcement Enhancement Act of 1996''. SEC. 2. MULTIPOINT WIRETAP AUTHORITY. (a) Section 2518(11)(b)(ii) of title 18, United States Code, is amended by striking ``of a purpose, on the part of that person, to thwart interception by changing facilities.'' and inserting ``that the person had the intent to thwart interception or that the person's actions and conduct would have the effect of thwarting interception from a specified facility.''. (b) Section 2518(11)(b)(iii) of such Code is amended to read as follows: ``(iii) the judge finds that such showing has been adequately made.''. (c) The amendments made by subsections (a) and (b) of this section shall be effective 1 day after the enactment of this Act. SEC. 3. REVISION TO EXISTING AUTHORITY FOR EMERGENCY WIRETAPS. (a) Grounds for Interception.--Section 2518(7)(a) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (a)(ii); (2) by inserting ``or'' at the end of subparagraph (iii); and (3) by adding the following new subparagraph: ``(iv) an act of terrorism (as defined in section 3077(1) of this title),''. SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS. (a) Application.--Section 3122(b)(2) of title 18, United States Code, is amended by inserting ``or foreign counterintelligence'' after ``criminal''. (b) Order.-- (1) Section 3123(a) of title 18, United States Code, is amended by inserting ``or foreign counterintelligence'' after ``criminal''. (2) Section 3123(b)(1) of title 18, United States Code, is amended in subparagraph (B), by striking ``criminal''. SEC. 5. ADDITION OF TERRORIST OFFENSES AS RICO PREDICATES. (a) Title 18 Offenses.--Section 1961(1)(B) of title 18 of the United States Code is amended by-- (1) inserting ``32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section'' after ``Section''; (2) inserting ``section 351 (relating to Congressional or Cabinet officer assassination,'' after ``section 224 (relating to sports bribery),''; (3) inserting ``section 831 (relating to prohibited transactions involving nuclear materials), section 844(f) or (i) (relating to destruction by explosives or fire of government property or property affecting interstate or foreign commerce),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''; (4) inserting ``section 930(c) (relating to violent attacks against Federal buildings), section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),'' after ``sections 891-894 (relating to extortionate credit transactions),''; (5) inserting ``section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1203 (relating to hostage taking),'' after ``section 1084 (relating to the transmission of gambling information),''; (6) inserting ``section 1361 (relating to willful injury of government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),'' after ``section 1344 (relating to financial institution fraud),''; (7) inserting ``section 1751 (relating to Presidential assassination),'' after ``sections 1581-1588 (relating to peonage and slavery),''; (8) inserting ``section 1992 (relating to train wrecking), section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),'' after ``section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire),''; and (9) inserting ``section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to acts of terrorism transcending national boundaries), section 2332c (relating to use of chemical weapon), section 2339A (relating to providing material support to terrorists),'' after ``2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),''. (b) Non-Title 18 Offense.--Section 1961(1) of title 18 of the United States Code is amended-- (1) by striking ``or'' before ``(E)''; (2) by striking ``or'' before ``(F); and (3) by inserting at the end the following: ``or (G) section 46502 of title 49, United States Code;''. (c) Limitation to Civil RICO.--The amendments made by this section shall not apply with respect to section 1964(c) of title 18, United States Code. SEC. 6. INTERCEPTIONS OF COMMUNICATIONS. (a) Authorization of Interceptions in Certain Terrorism Related Offenses.--Section 2516(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (n); (2) by redesignating subparagraph (o) as subparagraph (q); and (3) by inserting after subparagraph (n) the following: ``(o) any violation of section 956 or section 960 (relating to certain actions against foreign nations), section 1114 (relating to protection of officers and employees of the United States), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 2332 (relating to terrorist acts abroad), section 2332a (relating to weapons of mass destruction), section 2332b (relating to acts of terrorism transcending national boundaries), section 2339A (relating to providing material support to terrorists), section 37 (relating to violence at international airports) of title 18, United States Code; or ``(p) any felony violation of section 842 (relating to explosives) of this title; and''. (b) Reports Concerning Intercepted Communications.--Subsection (6) of section 2518 of title 18, United States Code is amended to read as follows: ``(6) Whenever an order authorizing interception is entered under this chapter, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such report shall be made 15 days after the interception has begun. No other reports shall be made to the judge under this subsection.''. SEC. 7. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. Section 1605(a)(7)(B)(ii) of title 28, United States Code, is amended by striking ``the claimant or victim was not a national'' and inserting ``neither the claimant nor the victim were nationals''. SEC. 8. CLERICAL AMENDMENTS RELATING TO CRIME. (a) Correcting Error in Amendatory Instructions.--Section 107(b) of the Antiterrorism and Effective Death Penalty Act of 1996 is amended by striking ``IV'' and inserting ``VI''. (b) Correcting Error in Description of Provision Amended.--With respect to subparagraph (F) only of paragraph (1) of section 205(a) of the Antiterrorism and Effective Death Penalty Act of 1996, the reference at the beginning of such paragraph to ``subsection (a)(1)'' shall be deemed a reference to ``subsection (a)''. (c) Addition of Missing Reference.--Section 725(2) of the Antiterrorism and Effective Death Penalty Act of 1996 is amended by inserting ``(2)'' after ``subsection (b)''. (d) Conforming Amendment to Table of Sections.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3059A the following new item: ``3059B. General reward authority.''. (e) Insertion of Missing Punctuation.--Section 6005(b)(3) of title 18, United States Code, is amended by adding a period at the end.
Antiterrorism Law Enforcement Enhancement Act of 1996 - Modifies wiretapping provisions under the Federal criminal code to make certain requirements to obtain an order authorizing the interception of a wire, oral, or electronic communication inapplicable where: (1) the applicant shows that the subject had the intent to thwart interception or that the subject's actions and conduct would have the effect of thwarting interception from a specified facility; and (2) the judge finds that such showing has been adequately made. Grants authority for the use of: (1) emergency wiretaps in cases involving an act of terrorism; and (2) pen registers and trap and trace devices in foreign counterintelligence investigations. Adds specified terrorist offenses as predicates under the Racketeer Influenced and Corrupt Organizations Act. Authorizes interceptions with respect to specified terrorism-related offenses, such as violations relating to the murder of foreign officials or providing material support to terrorists. Modifies wiretap provisions to provide that, whenever an order authorizing an interception is entered, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Requires such report to be made 15 days after the interception has begun. Revises the Antiterrorism Act of 1996 to make an exception to the sovereign immunity of a foreign state if certain conditions are met or if neither the claimant nor the victims were U.S. nationals when the act upon which the claim is based occurred. Makes technical corrections to the Antiterrorism and Effective Death Penalty Act of 1996.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Opportunity Protection and Civil Rights Restoration Act of 2007''. SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT. Notwithstanding any other provision of law, neither the Federal Government nor any officer, employee, or agent of the Federal Government shall-- (1) intentionally discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with-- (A) a Federal contract or subcontract; (B) Federal employment; or (C) any other federally conducted program or activity; or (2) require or encourage a Federal contractor or subcontractor, or the recipient of a license or financial assistance, to discriminate intentionally against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with any Federal contract or subcontract or Federal license or financial assistance. SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FEDERAL AID. A State or private entity that receives Federal financial assistance may not discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with-- (1) any contract or subcontract; (2) employment; or (3) admission to any educational institution. SEC. 4. CONSTRUCTION. (a) Historically Black Colleges and Universities.--Nothing in this Act shall be construed to prohibit or limit any act that is designed to benefit an institution that is an historically Black college or university on the basis that the institution is an historically Black college or university. (b) Indian Tribes.--This Act does not prohibit any action taken-- (1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; or (2) under a treaty between an Indian tribe and the United States. (c) Certain Sex-Based Classifications.--This Act does not prohibit or limit any classification based on sex if-- (1) the classification is applied with respect to employment and the classification would be exempt from the prohibitions of title VII of the Civil Rights Act of 1964 by reason of section 703(e)(1) of such Act (42 U.S.C. 2000e- 2(e)(1)); or (2) the classification is applied with respect to a member of the Armed Forces pursuant to statute, direction of the President or Secretary of Defense, or Department of Defense policy. (d) Immigration and Nationality Laws.--This Act does not affect any law governing immigration or nationality, or the administration of any such law. SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS. Not later than 6 months after the date of enactment of this Act, the head of each department or agency of the Federal Government, in consultation with the Attorney General, shall review all existing policies and regulations that such department or agency head is charged with administering, modify such policies and regulations to conform to the requirements of this Act, and report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the results of the review and any modifications to the policies and regulations. SEC. 6. REMEDIES. (a) In General.--Any person aggrieved by a violation of section 2 or 3 may, in a civil action against the violator (including a violator that is a governmental entity), obtain appropriate relief (which may include back pay). A prevailing plaintiff in a civil action under this section shall be awarded a reasonable attorney's fee as part of the costs. (b) Construction.--This section does not affect any remedy available under any other law. SEC. 7. EFFECT ON PENDING MATTERS. (a) Pending Cases.--This Act does not affect any case pending on the date of enactment of this Act. (b) Pending Contracts and Subcontracts.--This Act does not affect any contract or subcontract in effect on the date of enactment of this Act, including any option exercised under such contract or subcontract before or after such date of enactment. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Federal government.--The term ``Federal Government'' means executive and legislative branches of the Government of the United States. (2) Preference.--The term ``preference'' means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective. (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
Equal Opportunity Protection and Civil Rights Restoration Act of 2007 - Prohibits discrimination or preferences in federal employment and contracting and other federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any federal contractor or subcontractor to so discriminate or grant a preference. Prohibits states and private entities that receive federal financial assistance from so discriminating or granting a preference in connection with any contract or subcontract, employment, or admission to any educational institution. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a federal law or treaty relating to the Indian tribes. Declares that this Act does not prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay) from the violator, including from a government entity. Requires awarding a prevailing plaintiff attorney's fees as part of the costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2003''. TITLE I--U.S. 5-CENT COIN DESIGN CONTINUITY SEC. 101. DESIGNS ON THE 5-CENT COIN. (a) In General.--Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS AND CLARK EXPEDITION. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. (a) In General.--Section 5135 of title 31, United States Code, is amended to read as follows: ``Sec. 5135. Citizens Coinage Advisory Committee ``(a) Establishment.-- ``(1) In general.--There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretary of the Treasury on the selection of themes and designs for coins. ``(2) Oversight of advisory committee.--The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(b) Membership.-- ``(1) Appointment.--The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: ``(A) 7 persons appointed by the Secretary-- ``(i) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; ``(iv) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and ``(v) 3 of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. ``(B) 4 persons appointed by the Secretary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: ``(i) 1 person recommended by the Speaker of the House of Representatives. ``(ii) 1 person recommended by the minority leader of the House of Representatives. ``(iii) 1 person recommended by the majority leader of the Senate. ``(iv) 1 person recommended by the minority leader of the Senate. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) 4 of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; ``(ii) the 4 members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and ``(iii) 3 of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed to the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Continuation of service.--Each appointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(5) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretary and may be removed at any time for good cause. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register, and timely notice of each meeting shall be made to trade publications and publications of general circulation. ``(9) Quorum.--7 members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. ``(2) Advising the Secretary of the Treasury with regard to-- ``(A) the events, persons, or places that the Advisory Committee recommends be commemorated by the issuance of commemorative coins in each of the 5 calendar years succeeding the year in which a commemorative coin designation is made; ``(B) the mintage level for any commemorative coin recommended under subparagraph (A); and ``(C) the proposed designs for commemorative coins. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. ``(e) Administrative Support, Technical Services, and Advice.--Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall provide to the Advisory Committee the administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. ``(f) Consultation Authority.--In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. ``(g) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to the requirements of subsection (b)(8), the Federal Advisory Committee Act shall not apply with respect to the Committee.''. (b) Abolishment of Citizens Commemorative Coin Advisory Committee.--Effective on the date of the enactment of this Act, the Citizens Commemorative Coin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is hereby abolished. (c) Continuity of Members of Citizens Commemorative Coin Advisory Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary. (d) Technical and Conforming Amendments.-- (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, is amended by striking ``Citizens Commemorative Coin Advisory Committee'' and inserting ``Citizens Coinage Advisory Committee''. (2) Section 5134(c) of title 31, United States Code, is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). TITLE II--TECHNICAL AND CLARIFYING PROVISIONS SEC. 201. CLARIFICATION OF EXISTING LAW. (a) In General.--Section 5134(f)(1) of title 31, United States Code, is amended to read as follows: ``(1) Payment of surcharges.-- ``(A) In general.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(i) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item. ``(B) Unpaid amounts.--If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund, under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of-- ``(i) the last day any such numismatic item is issued by the Secretary; or ``(ii) the date of the enactment of the American 5-Cent Coin Design Continuity Act of 2003, such unpaid amount shall be deposited in the Treasury as miscellaneous receipts.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as of the date of the enactment of Public Law 104-208.
American 5-Cent Coin Design Continuity Act of 2003 - Authorizes the Secretary of the Treasury to change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.Amends Federal law governing coins and currency to mandate that: (1) the obverse of any 5-cent coin issued after December 31, 2005, bear an image of Thomas Jefferson; and (2) the reverse of any such coin bear an image of the home of Thomas Jefferson at Monticello.Establishes the Citizens Coinage Advisory Committee to advise the Secretary on the selection of themes and designs for coins (including circulating and bullion coinage) and for congressional and national medals.Abolishes the Citizens Commemorative Coin Advisory Committee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2004''. SEC. 2. DISTRIBUTIONS BY AN S CORPORATION TO AN EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Section 1368 of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subsection: ``(f) Distributions by an S Corporation to an Employee Stock Ownership Plan.--Any distribution described in subsection (a) to an employee stock ownership plan (as defined in section 4975(e)(7)) shall be treated as a dividend under section 404(k)(2)(A).''. (b) Technical Amendment.--Section 404(a)(9)(C) of the Internal Revenue Code of 1986 (relating to S corporations) is amended to read as follows: ``(C) S corporations.--The deduction provided in this paragraph shall not apply to an S corporation.''. (c) Effective Date.--The amendments made by this section shall apply to distributions received after December 31, 1998. (d) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(v) Treatment of esop dividends.--Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. EARLY DISTRIBUTIONS FROM EMPLOYEE STOCK OWNERSHIP PLANS FOR HIGHER EDUCATION EXPENSES AND FIRST-TIME HOMEBUYER PURCHASES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from employee stock ownership plans for higher education expenses and first-time homebuyer purchases.-- ``(i) In general.--Distributions made to the employee from an employee stock ownership plan (within the meaning of section 4975(e)(7)), the amount of which does not exceed the sum of-- ``(I) qualified higher education expenses (as defined by paragraph (7)) reduced by the amount of such expenses taken into account under subparagraph (E), and ``(II) qualified first-time homebuyer distributions (as defined by paragraph (8)) reduced by the amount of such distributions taken into account under subparagraph (F). ``(ii) Limitation.--A distribution may only be taken into account under clause (i) if-- ``(I) such distribution is in the form of either employer securities (within the meaning of section 409(l)) or cash proceeds resulting from the sale of such securities made not more than 180 days before the date of such distribution for the purposes of such distribution, ``(II) such securities so distributed or sold were held by such plan for at least 5 years before the date of such distribution or, if applicable, sale, and ``(III) the number of shares in each class of such securities so distributed or sold, when added to all previous distributions and sales of each such class of such securities for such purposes on behalf of such employee, does not exceed 10 percent of the aggregate number of shares of each class of such securities allocated to the account of such employee under such plan. ``(iii) Valuation of distributed securities.--For purposes of clause (ii), the value of a security shall be the value of such security on the date of distribution.''. (b) Conforming Amendments.-- (1) Paragraph (7) of section 72(t) of such Code is amended by striking ``paragraph (2)(E)'' and inserting ``subparagraphs (E) and (G) of paragraph (2)''. (2) Paragraph (8) of section 72(t) of such Code is amended by striking ``paragraph (2)(F)'' and inserting ``subparagraphs (F) and (G) of paragraph (2)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
Employee Stock Ownership Plan Promotion and Improvement Act of 2004 - Amends the Internal Revenue Code to: (1) treat certain distributions by S corporations to an employee stock ownership plan (ESOP) as deductible dividends; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOP's sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow early distributions from an ESOP for higher education expenses and first-time homebuyer purchases without penalty.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Housing Safety Act''. SEC. 2. SENIOR CITIZEN HOUSING SAFETY. (a) Limitation on Occupancy in Public Housing Designated for Elderly Families.-- (1) In general.--Section 7(a) of the United States Housing Act of 1937 (42 U.S.C. 1437e(a)) is amended-- (A) in paragraph (1), by striking ``Notwithstanding any other provision of law'' and inserting ``Subject only to the provisions of this subsection''; (B) in paragraph (4), by inserting ``, except as provided in paragraph (5)'' before the period at the end; and (C) by adding at the end the following new paragraph: ``(5) Limitation on occupancy in projects for elderly families.-- ``(A) Occupancy limitation.--Notwithstanding any other provision of law, a dwelling unit in a project (or portion of a project) that is designated under paragraph (1) for occupancy by only elderly families or by only elderly and disabled families shall not be occupied by-- ``(i) any person with disabilities who is not an elderly person and whose history of use of alcohol or drugs constitutes a disability; or ``(ii) any person who is not an elderly person and whose history of use of alcohol or drugs provides reasonable cause for the public housing agency to believe that the occupancy by such person may interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants. ``(B) Required statement.--A public housing agency may not make a dwelling unit in such a project available for occupancy to any person or family who is not an elderly family, unless the agency acquires from the person or family a signed statement that no person who will be occupying the unit-- ``(i) uses (or has a history of use of) alcohol; or ``(ii) uses (or has a history of use of) drugs; that would interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants.''. (2) Lease provisions.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) following new paragraph: ``(6) provide that any occupancy in violation of the provisions of section 7(a)(5)(A) or the furnishing of any false or misleading information pursuant to section 7(a)(5)(B) shall be cause for termination of tenancy; and''. (b) Eviction of Nonelderly Tenants Having Drug or Alcohol Use Problems From Public Housing Designated for Elderly Families.--Section 7(c) of the United States Housing Act of 1937 (42 U.S.C. 1437e(c)) is amended to read as follows: ``(c) Standards Regarding Evictions.-- ``(1) Limitation.--Any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or a portion of the project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section. ``(2) Requirement to evict nonelderly tenants for 3 instances of prohibited activity involving drugs or alcohol.-- With respect to a project (or portion of a project) described in subsection (a)(5)(A), the public housing agency administering the project shall evict any person who is not an elderly person and who, during occupancy in the project (or portion thereof), engages on 3 separate occasions (occurring after the date of the enactment of the Housing and Community Development Act of 1994) in any activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants and involves the use of alcohol or drugs. ``(3) Rule of construction.--The provisions of paragraph (2) requiring eviction of a person may not be construed to require a public housing agency to evict any other persons who occupy the same dwelling unit as the person required to be evicted.''.
Senior Citizen Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Fuel Storage Improvement Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. INCENTIVES FOR SITING OF TEMPORARY USED FUEL STORAGE FACILITIES. (a) Definitions.--In this section: (1) Agreement.--The term ``agreement'' means a temporary used fuel storage facility agreement entered into under subsection (e). (2) First used fuel receipt.--The term ``first used fuel receipt'' means the receipt of used fuel by a temporary used fuel storage facility at a site within the jurisdiction of a unit of local government that is a party to an agreement. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222). (4) Unit of local government.--The term ``unit of local government'' means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State, or association of 2 or more political subdivisions of a State. (5) Used fuel.--The term ``used fuel'' means nuclear fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (b) Authorization.--The Secretary shall offer to enter into temporary used fuel storage facility agreements in accordance with this section. (c) Notice From Units of Local Government to Secretary.--Not later than January 1, 2013, representatives of a unit of local government, with the written approval of the Governor of the State in which the jurisdiction of the local government is located, may submit to the Secretary written notice that the unit of local government is willing to have a privately owned and operated temporary used fuel storage facility located at an identified site within the jurisdiction of the unit of local government. (d) Preliminary Compensation.-- (1) In general.--The Secretary shall make payments of $1,000,000 each year to not more than 3 units of local government that have submitted notices under subsection (c). (2) Multiple notices.--If more than 3 notices are received under subsection (c), the Secretary shall make payments to the first 3 units of local government, based on the order in which the notices are received. (3) Timing.--The payments shall be made annually for a 3- year period, on the anniversary date of the filing of the notice under subsection (c). (e) Agreement.-- (1) In general.--On the docketing of an application for a license for a temporary used fuel storage facility, in accordance with part 72 of title 10, Code of Federal Regulations, at a site within the jurisdiction of a unit of local government by the Commission, the Secretary shall offer to enter into a temporary used fuel storage facility economic impact agreement with the unit of local government. (2) Terms and conditions.--An agreement between the Secretary and a unit of local government under this subsection shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the unit of local government determine to be reasonable and appropriate. (3) Amendment.--An agreement may be-- (A) amended only with the mutual consent of the parties to the agreement; and (B) terminated only in accordance with paragraph (4). (4) Termination.--The Secretary shall terminate an agreement if the Secretary determines that any major element of the temporary used fuel storage facility required under the agreement will not be completed. (5) Number of agreements.--Not more than 2 agreements may be in effect at any time. (6) Payment schedule.-- (A) In general.--If the Secretary enters into an agreement under this subsection, the Secretary shall make to the unit of local government and the State in which the unit of local government is located-- (i) payments of-- (I) on the date of entering into the agreement under this subsection, $6,000,000; (II) during the period beginning on the date of entering into an agreement and ending on the date of first used fuel receipt or denial of the license application for a temporary used fuel storage facility by the Commission, whichever is later, $10,000,000 for each year; and (III) during the period beginning on the date of first used fuel receipt and ending on the date of closure of the facility, a total of the higher of-- (aa) $15,000,000 for each year; or (bb) $15,000 per metric ton of used fuel received at the facility for each year, up to a maximum of $25,000,000 for each year; and (ii) a payment of $20,000,000 on closure of the facility. (B) Timing of annual payments.--The Secretary shall make annual payments under subparagraph (A)(i)-- (i) in the case of annual payments described in subparagraph (A)(i)(II), on the anniversary of the date of the docketing of the license application by the Commission; and (ii) in the case of annual payments described in subparagraph (A)(i)(III), on the date of the first used fuel receipt and thereafter on the anniversary date of the first used fuel receipt, in lieu of annual payments described in subparagraph (A)(i)(II). (C) Termination of authority.--Subject to subparagraph (A)(ii), the authority to make payments under this paragraph terminates on the date of closure of the facility. (f) Funding.--Funding for compensation and payments provided for, and made under, this section shall be made available from amounts available in the Nuclear Waste Fund. SEC. 4. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS. (a) In General.--The Secretary shall offer to enter into a long- term contract for the storage of used fuel from civilian nuclear power plants with a private entity that owns or operates an independent used fuel storage facility licensed by the Commission that is located within the jurisdiction of a unit of local government to which payments are made pursuant to section 3(e). (b) Settlement and Acceptance of Used Fuel.-- (1) In general.--At the request of a party to a contract under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), the Secretary may enter into an agreement for the settlement of all claims against the Secretary under a contract for failure to dispose of high-level radioactive waste or used nuclear fuel not later than January 31, 1998. (2) Terms and conditions.--A settlement agreement described in paragraph (1)-- (A) shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the party to the contract determine to be reasonable and appropriate; and (B) may include the acceptance of used fuel from the party to the contract for storage at a facility with respect to which the Secretary has a long-term contract under subsection (a). (c) Priority for Acceptance for Closed Facilities.-- (1) In general.--If a request for fuel acceptance is made under this section by a facility that has produced used nuclear fuel and that is shut down permanently and the facility has been decommissioned, the Secretary shall provide priority for the acceptance of the fuel produced by the facility. (2) Schedule.--Spent nuclear fuel and high-level radioactive waste generated by a facility in existence as of the date of enactment of this Act shall be offered a schedule in accordance with the priority established pursuant to Article IV.b.5 of the contract entitled ``Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste'', as specified in section 961.11 of title 10, Code of Federal Regulations. (d) Transportation of Used Fuel.-- (1) In general.--The Secretary shall provide for the transportation of used fuel accepted by the Secretary under this section. (2) Systems and components.-- (A) In general.--The Secretary shall procure all systems and components necessary to transport used fuel from facilities designated by contract holders to 1 or more storage facilities under this section. (B) Casks.--The Secretary shall-- (i) use transportation and storage casks that are approved by the Commission in use at facilities designated by contract holders; and (ii) compensate the owner and operator of each facility for the use of the casks.
Nuclear Fuel Storage Improvement Act of 2011 - Directs the Secretary of Energy (DOE) to offer to enter into temporary used fuel storage facility agreements in accordance with this Act. Sets a deadline by which a local governmental unit may, with the approval of the state governor, notify the Secretary that it is willing to have a privately owned and operated temporary used fuel storage facility located within its jurisdiction. Requires the Secretary to pay $1 million per year to up to three such governmental units. Makes funding available from the Nuclear Waste Fund for compensation and payments. Directs the Secretary to offer to enter into a long-term contract for the storage of used fuel from civilian nuclear power plants with a private owner or operator of an independent used fuel storage facility licensed by the Nuclear Regulatory Commission (NRC). Authorizes the Secretary, upon request of a contract signatory, to enter into an agreement for a settlement of all claims against the Secretary for failure to dispose of high-level radioactive waste or used nuclear fuel by January 31, 1998. Directs the Secretary to grant priority for the acceptance of fuel produced by a facility that has produced used nuclear fuel, been decommissioned, and shut down permanently. Requires the Secretary to: (1) provide for the transportation of accepted used fuel, and (2) use NRC-approved transportation and storage casks.
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SECTION 1. TEACHER RECRUITMENT, RETENTION, AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following: ``PART E--TEACHER RECRUITMENT, RETENTION, AND TRAINING ``SEC. 2401. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to make grants to local educational agencies to permit such agencies to recruit, retain, and train high-quality teachers by carrying out one or more of the activities described in subsection (b). ``(b) Uses of Funds.-- ``(1) Recruitment, retention, and training activities.--A local educational agency that receives a grant under this part may use the grant funds for any of the following recruitment, retention, and training activities: ``(A) Providing signing bonuses for teachers. ``(B) Carrying out merit pay programs. ``(C) Providing performance bonuses to teachers. ``(D) Providing scholarships to teachers to pursue advanced course work. ``(E) Providing mentoring programs for teachers. ``(F) Coordinating with institutions of higher education to provide professional development for teachers. ``(G) Any other activity that the local educational agency believes to be effective in recruiting, retaining, or training high-quality teachers. ``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2002 through 2004.''. (b) Conforming Amendments.--Section 2003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended-- (1) in subsection (a), by striking ``part C)'' and inserting ``parts C and E)''; and (2) in subsection (b), by inserting ``(other than parts C and E)'' after ``title''. SEC. 2. LOAN FORGIVENESS FOR TEACHERS. (a) Elimination of New Borrower Restrictions.-- (1) FFEL program.--Section 428J(b) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who''. (2) Federal direct loan program.--Section 460(b)(1) of such Act (20 U.S.C. 1087j(b)(1)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who''. (b) Expansion of Eligible Teaching Locations and Subjects; Eliminating Delay in Service Benefit.-- (1) FFEL program.--Section 428J(b)(1) of such Act is amended by striking everything preceding subparagraph (B) and inserting the following: ``(1) has been employed as a full-time teacher-- ``(A)(i) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; ``(ii) as a full-time special education teacher, as described in section 465(a)(2)(C); or ``(iii) as a full-time teacher in any field of expertise where the State educational agency determines there is a shortage of qualified teachers;''. (2) Federal direct loan program.--Section 460(b)(1)(A) of such Act (20 U.S.C. 1087j(b)(1)(A)) is amended by striking everything preceding clause (ii) and inserting the following: ``(A) has been employed as a full-time teacher-- ``(i)(I) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; ``(II) as a full-time special education teacher, as described in section 465(a)(2)(C); or ``(III) as a full-time teacher in any field of expertise where the State educational agency determines there is a shortage of qualified teachers;''. (c) Amounts Subject to Forgiveness.-- (1) FFEL program.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall repay an amount that is not more than $20,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete school year of teaching described in subsection (b)(1) for which the borrower seeks repayment under this section. Such amount shall be repaid at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. No borrower may receive a reduction of loan obligations under both this section and section 460.''. (2) Federal direct loan program.--Section 460(c) of such Act (20 U.S.C. 1087j(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall cancel an amount that is not more than $20,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete school year of teaching described in subsection (b)(1)(A). Such amount shall be canceled at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service.''.
Amends the Elementary and Secondary Education Act of 1965 to establish a new program for teacher recruitment, retention, and training. Authorizes the Secretary of Education to award grants to local educational agencies to recruit, retain, and train high-quality teachers through one or more specified types of activities.Amends the Higher Education Act of 1965 to revise student loan forgiveness for teachers under the Federal Family Education Loan and Federal Direct Loan programs. Expands forgiveness eligibility by: (1) eliminating requirements allowing only certain new borrowers to participate; and (2) increasing the types of eligible teaching locations and subjects. Eliminates a service requirement that an individual teach at least five consecutive complete school years before being eligible for program benefits. Increases to $20,000 the aggregate amount of an individual teacher's student loan obligation which may be forgiven, and revises the rate of repayment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Children's Protection Act''. SEC. 2. STATE LAWS. (a) Law Required.--Each State shall pass and implement a law requiring, at a minimum-- (1) any person who knows or has reasonable cause to believe or suspect that a child has been subjected to child abuse or neglect or who observes any child being subjected to conditions or circumstances that would reasonably result in child abuse or neglect, shall immediately report it to the child protective agency or local law enforcement agency; and (2) any person, official, institution or agency participating in good faith in any act required to report child abuse or neglect is immune from any civil or criminal liability that might otherwise result by reason of the action. Immunity shall not be accorded to persons acting in bad faith. (b) Penalty.--A State that fails to pass and implement the requirements of this section within 1 year of the enactment of this Act, shall-- (1) forfeit the ability to reserve up to 10 percent of its grants under 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. 3751(e)) for administrative use; and (2) be required to return to the Federal Government the portion of their Byrne Justice Assistance Grant funding used for such purpose in the prior fiscal year. (c) Preemption.--Nothing in this section shall preempt the right of a State to protect privileged communications. SEC. 3. FEDERAL ASSISTANCE FOR CRIMES AGAINST CHILDREN. (a) In General.--At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (1) constitutes a felony under the laws of the State or Indian tribe; and (2) is committed against an individual under 18 years of age. (b) Priority.--If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to-- (1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and (2) jurisdictions that have limited resources and difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (c) Reporting Requirements.-- (1) In general.--Every 180 days following the date of enactment of this Act, the Attorney General shall submit to Congress a report on applications for Federal assistance under this section, and Federal assistance provided under this section. (2) Contents.--Each report under paragraph (1) shall include-- (A) a listing of all applications for Federal assistance under this section during the previous 180 days; (B) a description of each application submitted during the previous 180 days, whether approved, denied, or pending, including the name of the requesting party and the nature of the request for assistance; (C) reasons for approval or denial of each application, and the persons involved in the review and decisionmaking process for each application; and (D) if Federal assistance was provided, a description of the assistance provided, including the date on which the assistance was provided. SEC. 4. ENHANCED TRACKING AND COORDINATION OF FBI EFFORTS IN ADDRESSING CRIMES AGAINST CHILDREN. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the appropriate committees of Congress, the Director of the Office of Management and Budget and the Domestic Policy Council that sets forth the proposed systems, procedures and protocols developed and implemented in response to Chapter 3 of the Office of Inspector General's Audit Report 09-08 (January 2009) entitled ``The Federal Bureau of Investigation's Efforts to Combat Crimes Against Children,'' including any additional funding needs for development and implementation of the recommendations. (b) Content.--If any recommendation proposed in the Office of Inspector General's Audit Report 09-08 (January 2009) remains incomplete or has not been implemented at the time the report required under subsection (a) is prepared, the report shall describe-- (1) the reasons that the remaining recommendation has not been implemented; or (2) a specific action plan for implementing or completing implementation of the remaining recommendation. (c) Appropriate Committees.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on the Judiciary, the Committee on Appropriations, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as needed to carry out this section.
State Children's Protection Act - Requires each state to pass and implement a law: (1) requiring any person who knows or has reasonable cause to believe or suspect that a child has been subjected to child abuse or neglect, or who observes any child being subjected to conditions or circumstances that would reasonably result in child abuse or neglect, to report it immediately to the child protective agency or local law enforcement agency; and (2) immunizing from civil or criminal liability that might otherwise result from the action any person, official, institution or agency participating in good faith in any action required to report child abuse or neglect. Denies such immunity to persons acting in bad faith. Prescribes forfeiture for administrative use of up to 10% of an Edward Byrne Memorial Justice Assistance Grant as a penalty for any state that fails to implement the requirements of this Act. Directs the Attorney General, at the request of a state, Indian tribal, or local government, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of felonies against individuals under age 18. Directs the Attorney General to report to Congress, the Director of the Office of Management and Budget (OMB), and the Domestic Policy Council proposed systems, procedures, and protocols developed and implemented in response to Chapter 3 of the Office of Inspector General's Audit Report 09-08 (January 2009) entitled "The Federal Bureau of Investigation's Efforts to Combat Crimes Against Children."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Parkinson's Research, Education, and Assistance Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Parkinson's disease and related disorders (hereafter referred to in this Act as ``Parkinson's'') is a neurological disorder affecting as many as 1,500,000 Americans. (2) Approximately 40 percent of persons with Parkinson's are under the age of 60. (3) While science has yet to determine what causes the disease, research has found that cells that produce a neurochemical called dopamine inexplicably degenerate, causing uncontrollable tremors, muscle stiffness, and loss of motor function. (4) Eventually, Parkinson's renders its victims incapable of caring for themselves. In addition to causing disability and suffering for its victims, Parkinson's places tremendous and prolonged physical, emotional, and financial strain on family and loved ones. (5) It is estimated that the disease costs society nearly $6,000,000,000 annually. (6) To date, the federally funded research effort has been grossly underfunded. Only $30,000,000 is allocated specifically for research on Parkinson's, or only about one dollar for every $200 in annual societal costs. (7) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research concerning Parkinson's, and to improve care and assistance for its victims and their family caregivers. SEC. 3. BIOMEDICAL RESEARCH ON PARKINSON'S DISEASE. Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 4--Parkinson's Disease Research ``SEC. 485G. PARKINSON'S DISEASE RESEARCH. ``(a) Expansion of Biomedical Research.-- ``(1) Coordination council.--The Director of the National Institutes of Health shall establish a council to coordinate Parkinson's research activities. Members of the council shall include the Director of the National Institutes of Health, the Director of the National Institute of Neurological Disorders and Stroke, the Director of the National Institute on Aging, the Director of the National Institute of Environmental Health Sciences, patient advocates, and representatives of other departments and agencies conducting or supporting research on Parkinson's. ``(2) National consensus conference.--The council established under paragraph (1) shall convene a National Consensus Conference on Parkinson's Disease and Related Neuro- degenerative Disorders to aid in the development of a broad- based strategy for identifying the cause of and treating such disorders. ``(3) Research agenda.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the council established under paragraph (1), shall develop and submit to the Energy and Commerce Committee and the Appropriations Committee of the House of Representatives and the Labor and Human Resources Committee and the Appropriations Committee of the Senate, a coordinated research agenda. ``(4) Research centers.--The Secretary shall provide for the establishment of 10 Parkinson's Research Centers. Such centers shall-- ``(A) conduct research into the cause, prevention, treatment, and management of Parkinson's; ``(B) disseminate clinical information concerning Parkinson's and provide patient care services; ``(C) provide training for health care personnel concerning Parkinson's; ``(D) coordinate research with other such Centers and related public and private research institutions; ``(E) develop and maintain, where appropriate, a tissue bank to collect specimens related to the research and treatment of Parkinson's; and ``(F) enhance community awareness concerning Parkinson's and promote the involvement of advocate groups. ``(b) Morris K. Udall Feasibility Study Grants.--The Secretary may award feasibility study grants under this section to support the development of preliminary data sufficient to provide the basis for the submission of applications for independent research support grants or establishment of a Center under this section. ``(c) Morris K. Udall Leadership and Excellence Awards.--The Secretary shall establish a grant program to support scientists who have distinguished themselves in the field of Parkinson's research. Grants under this subsection shall be utilized to enable established investigators to devote greater time and resources in laboratories to conduct research on Parkinson's and to encourage the development of a new generation of investigators, with the support and guidance of the most productive and innovative senior researchers. ``(d) Patient and Family Registries.--The Secretary shall establish a registry for screening and collecting patient and family data that may be useful in determining incidence and possible risk factors concerning Parkinson's. ``(e) Morris K. Udall Health Professions Training Grants.--The Secretary may award grants to schools of medicine, nursing, social work, and health services administration, and other appropriate institutions, for the provision of training and continuing education concerning health and long-term care of individuals with Parkinson's. In awarding grants under this subsection the Secretary shall ensure appropriate geographic coverage. ``(f) National Parkinson's Disease Education Program.--The Secretary shall establish a national education program that is designed to foster a national focus on Parkinson's and the care of those with Parkinson's. Activities under such program shall include-- ``(1) the bringing together of public and private organizations to develop better ways to provide care to individuals with Parkinson's, and assist the families of such individuals; ``(2) the provision of technical assistance to public and private organizations that offer support and aid to families caring for individuals with Parkinson's; and ``(3) the establishment of a clearinghouse that will disseminate the most up-to-date research, treatment, and training information to families, health professionals, and the general public concerning Parkinson's. ``(g) Application.--To be eligible to receive a grant or other assistance under this section, an individual or entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(h) Authorization of Appropriations.-- ``(1) In general.--For carrying out the activities described in this section, there are authorized to be appropriated $75,000,000 for fiscal year 1996, $100,000,000 for fiscal year 1997, $200,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. Of amounts so appropriated, the Secretary shall make available-- ``(A) $10,000,000 for fiscal year 1996, $20,000,000 for fiscal year 1997, $30,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000, for establishing centers under subsection (a)(4); and ``(B) $2,000,000 for fiscal year 1996, $4,000,000 for fiscal year 1997, $6,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000 for carrying out feasibility study grants under subsection (b). ``(2) Leadership and excellence awards.--For carrying out activities under subsection (c), there are authorized to be appropriated $10,000,000 for fiscal year 1996, $15,000,000 for fiscal year 1997, $20,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(3) Patient and family registries.--For carrying out activities under subsection (d), there are authorized to be appropriated $2,000,000 for each of fiscal years 1996, 1997, and 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(4) Health professions training programs.--For carrying out activities under subsection (e), there are authorized to be appropriated $2,000,000 for fiscal year 1996, $5,000,000 for fiscal year 1997, $8,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(5) National Parkinson's Disease Education Program.--For carrying out activities under subsection (f), there are authorized to be appropriated $2,000,000 for fiscal year 1996, $3,000,000 for fiscal year 1997, $4,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000.''.
Morris K. Udall Parkinson's Research, Education, and Assistance Act of 1994 - Amends the Public Health Service Act to require the Director of the National Institutes of Health to establish a council to coordinate Parkinson's research activities. Directs: (1) the council to convene a National Consensus Conference on Parkinson's Disease and Related Neuro-degenerative Disorders to aid in the development of a broad-based strategy for identifying the cause of and treating such disorders; and (2) the Secretary of Health and Human Services to develop and annually submit to specified congressional committees a coordinated research agenda and to provide for the establishment of ten Parkinson's Research Centers. Authorizes the Secretary to: (1) award feasibility study grants to support the development of preliminary data sufficient to provide the basis for the submission of applications for independent research support grants or establishment of a Center; and (2) award grants to appropriate institutions for the provision of training and continuing education concerning health and long-term care of individuals with Parkinson's. Directs the Secretary to establish: (1) a grant program to support scientists who have distinguished themselves in the field of Parkinson's research; (2) a registry for screening and collecting patient and family data that may be useful in determining incidence and possible risk factors concerning Parkinson's; and (3) a national education program designed to foster a national focus on Parkinson's and the care of those with Parkinson's. Sets forth application requirements. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``To Encourage Alternatively fueled vehicle Manufacturing up for Energy Independence Act of 2006'' or the ``TEAM up for Energy Independence Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Climate change threatens the security and stability of our planet. The temperature of the Earth is increasing at a rate unseen in modern times. The rate of warming has been nearly 3 times the century-long average since 1970. (2) Climate forecasters predict that if greenhouse gases continue to accumulate in the atmosphere at the current rate, temperatures will rise dramatically, weather patterns sharply shift, ice sheets shrink, and sea levels will rise. (3) Climate scientists agree that human activities are the driving force behind the rise in global temperatures. Smokestacks and automobile emissions have been primary contributors of carbon dioxide and other heat-trapping gases that significantly contribute to the warming trend. (4) In addition to the alarming data about climate change, rising gas prices and instability in oil producing regions have reinforced the need for the United States to secure our energy independence, and make progress by developing and distributing alternatively fueled vehicles. (5) Alternative fueled cars can lessen the impact of climate change, and help provide for the stability and safety of the world. (6) Biodiesel helps to provide hope that our country can achieve sustainable energy independence and combat the effects of global warming. (7) Vehicles which utilize E-85 ethanol fuel could reduce our usage of petroleum fuels by up to 40 percent. (8) Currently, there are just 6,000,000 E-85 capable vehicles on United States roads, compared to approximately 230,000,000 gasoline and diesel fueled vehicles. (9) Just 556 fueling stations in the United States currently provide E-85 fuel, accounting for less than one percent of fueling stations. Only 450 retail pumps currently provide consumers with biodiesel fuel. (10) Congress must do more to make alternative fueled vehicles practical and accessible to everyone. SEC. 3. EXCISE TAX ON AUTOMOBILES SOLD IN UNITED STATES THAT ARE NOT ALTERNATIVE FUELED AUTOMOBILES. (a) In General.--Part I of subchapter A of chapter 32 of the Internal Revenue Code of 1986 is amended by inserting before section 4064 the following new section: ``SEC. 4061. AUTOMOBILES THAT ARE NOT ALTERNATIVE FUELED AUTOMOBILES. ``(a) Tax Imposed.-- ``(1) In general.--There is hereby imposed on the 1st retail sale of each passenger automobile sold by the manufacturer, producer, or importer thereof a tax in the amount of the applicable percentage of the price for which so sold. ``(2) Exception for alternative fueled automobiles.-- Paragraph (1) shall not apply to any alternative fueled automobile. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ The applicable ``Passenger automobiles sold in calendar year: percentage is: ------------------------------------------------------------------------ 2007...................................................... 5 percent. 2008...................................................... 10 percent. 2009...................................................... 20 percent. 2010...................................................... 40 percent. 2011 or thereafter........................................ 80 percent. ------------------------------------------------------------------------ ``(c) Definitions.--For purposes of subsection (a)-- ``(1) Passenger automobile.--The term `passenger automobile' has the meaning given such term by section 32901(a)(16) of title 49, United States Code, except that such term includes in the case of each automobile parts or accessories therefor sold on or in connection therewith or with the sale thereof. ``(2) Alternative fueled automobile.--The term `alternative fueled automobile' means an alternative fueled automobile, as defined by section 32901(a)(2) of title 49, United States Code, that uses a fuel that has greenhouse gas emissions less than 80 percent of those from petroleum-derived transportation fuel, calculated over the full fuel cycle (as weighted by global warming potential and using the emissions per kilowatt-hour from a natural gas combined cycle power plant as the basis for crediting any electricity co-produced with the transportation fuel). ``(3) Application of section 32901 of title 49.--Section 32901(a) of title 49, United States Code, shall be applied-- ``(A) in paragraph (3)-- ``(i) by substituting `10,000 pounds' for `6,000 pounds' in subparagraph (A) thereof, and ``(ii) without regard to subparagraph (B) thereof, and ``(B) in paragraph (16)(B) by substituting `10,000 pounds' for `6,000 pounds'.''. (b) Conforming Amendments.-- (1) The heading for part I of subchapter A of chapter 32 of such Code is amended to read as follows: ``PART I--NON-ALTERNATIVE FUEL VEHICLES AND GAS GUZZLERS''. (2) The item in the table of parts for subchapter A of chapter 32 of such Code relating to part I is amended to read as follows: ``Part I. Non-Alternative Fuel Vehicles and Gas Guzzlers.''. (3) The table of sections for part I of subchapter A of chapter 32 of such Code is amended to read as follows: ``Sec. 4061. Automobiles that are not alternative fueled automobiles.''. (c) Effective Date.--The amendments made by this section shall apply to automobiles sold after December 31, 2006. SEC. 4. USE OF FUNDS FROM TAX. (a) Refueling Infrastructure Grants.--The Secretary of Energy shall obligate such sums as are available in the trust fund to make grants to fueling stations owned by entities which own or control 10 or fewer such businesses for alternative fuel refueling infrastructure projects, including new dispensing facilities and additional equipment or upgrades and improvements to existing refueling sites for alternative fuel vehicles. (b) Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund. The trust fund shall consist of such amounts as are deposited into the trust fund under paragraph (2) and any interest earned on investment of amounts in the trust fund, and may be used only for the purposes described in subsection (a). (2) Source of funds.--The Secretary of the Treasury shall deposit into the trust fund all amounts collected pursuant to the tax imposed under section 4061 of the Internal Revenue Code of 1986, as added by section 2 of this Act. (c) Definitions.--For purposes of this section-- (1) the term ``alternative fuel'' means an alternative fuel, as defined in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)) that has greenhouse gas emissions less than 80 percent of those from petroleum-derived transportation fuel, calculated over the full fuel cycle (as weighted by global warming potential and using the emissions per kilowatt-hour from a natural gas combined cycle power plant as the basis for crediting any electricity co-produced with the transportation fuel); (2) the term ``E-85 fuel'' means a transportation fuel consisting of 85 percent ethanol and gasoline; and (3) the term ``trust fund'' means the trust fund established under subsection (b). SEC. 5. INFORMATION DISCLOSURE RELATED TO ALTERNATIVE FUELED AUTOMOBILES. Section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) is amended by redesignating subsections (b) through (h) as subsections (c) through (i), respectively, and inserting after subsection (a) the following: ``(b) whether such automobile is an alternative fueled automobile (as defined in section 32901(a)(2) of title 49, United States Code) and the type or types of fuel on which the automobile is capable of operating;''.
To Encourage Alternatively fueled vehicle Manufacturing up for Energy Independence Act of 2006 or the TEAM up for Energy Independence Act - Amends the Internal Revenue Code to impose an excise tax on the first retail sale of each passenger automobile sold by manufacturers, producers, or importers. Exempts alternative fueled automobiles from such tax. Amends federal transportation law to revise the definitons of "automobile" and "passenger automobile" to increase the gross vehicle weight limit from 6,000 to 10,000 pounds. Directs the Secretary of Energy to make grants for alternative fuel refueling infrastructure projects from a trust fund into which revenues from the excise tax on passenger automobiles shall be deposited. Amends the Automobile Information Disclosure Act to require labeling for new automobiles to indicate: (1) whether a new automobile is an alternative fueled automobile; and (2) the types of fuel on which such automobile can operate.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Unemployed Workers Extension Act''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) In General.--Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5015) and section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 436), is amended-- (1) by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2010''; (2) in the heading for subsection (b)(2), by striking ``december 31, 2009'' and inserting ``december 31, 2010''; and (3) in subsection (b)(3), by striking ``May 31, 2010'' and inserting ``May 31, 2011''. (b) Financing Provisions.--Section 4004(e)(1) of such Act, as added by section 2001(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by inserting ``and section 2(a) of the Assistance for Unemployed Workers Extension Act'' after ``Act''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. SEC. 3. EXTENSION OF INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. (a) In General.--Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 438) is amended-- (1) in paragraph (1)(B), by striking ``January 1, 2010'' and inserting ``January 1, 2011''; (2) in the heading for paragraph (2), by striking ``january 1, 2010'' and inserting ``january 1, 2011''; and (3) in paragraph (3), by striking ``June 30, 2010'' and inserting ``June 30, 2011''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. SEC. 4. THIRD-TIER BENEFITS. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5014), is amended by adding at the end the following new subsection: ``(d) Third Tier of Benefits.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (in this subsection referred to as `additional emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (in this subsection referred to as `further additional emergency unemployment compensation') equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 if section 203(d) of such Act-- ``(i) were applied by substituting `6' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(B) such a period would then be in effect for such State under such Act if-- ``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `8.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Coordination rule.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. ``(4) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendments.--Section 4007(b)(2) of such Act, as amended by section 3, is amended-- (1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and (2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. (2) Additional benefits.--In applying the amendments made by this section, any additional emergency unemployment compensation made payable by such amendment (which would not otherwise have been payable if such amendment had not been enacted) shall be payable only with respect to any week of unemployment beginning on or after the date of the enactment of this Act. SEC. 5. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note) is amended-- (1) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''; and (2) in subsection (c), by striking ``June 1, 2010'' and inserting ``June 1, 2011''. (b) Extension of Temporary Federal Matching for the First Week of Extended Benefits for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note), as amended by section 2005(d) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by striking ``May 30, 2010'' and inserting ``May 30, 2011''. (c) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. (2) First week.--The amendment made by subsection (b) shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2008. SEC. 6. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445), is amended-- (1) in clause (iii)-- (A) by striking ``June 30, 2009'' and inserting ``June 30, 2010''; (B) by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and (2) by adding at the end of clause (iv) the following: ``In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.''. (b) Administrative Expenses.--Section 2006(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445) is amended by adding at the end the following: ``In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act.
Assistance for Unemployed Workers Extension Act - Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008 and the Assistance for Unemployed Workers and Struggling Families Act, with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through December 31, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, federal-state agreements increasing regular unemployment compensation payments to individuals. Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008, to require a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional EUC, if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, the requirement that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008, as amended by such Act, to extend through May 30, 2011, federal matching for the first week of extended EUC for states with no waiting week. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2010, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Makes additional appropriations to cover such cost. Amends the Assistance for Unemployed Workers and Struggling Families Act to make additional appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended benefits.
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SECTION 1. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 7527(b) of such Code is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 2. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT. (a) In General.--Section 7527(e) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 3. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT. (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 4. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE. (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after February 12, 2011. SEC. 5. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS. (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 173(f)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to months beginning after February 12, 2011. SEC. 6. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.-- (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (b) IRC Amendments.-- (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of such Code is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after February 12, 2011. SEC. 7. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS. (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 8. NOTICE REQUIREMENTS. (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to certificates issued after February 12, 2011. SEC. 9. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO PROPERTY. (a) In General.--Section 6331(h)(3) of the Internal Revenue Code of 1986 is amended by striking ``of goods or services'' and all that follows and inserting ``of-- ``(A) goods or services sold or leased to the Federal Government, or ``(B) in the case of levies issued during the 2- year period beginning after the date of the enactment of this subparagraph, property so sold or leased.''. (b) Effective Date.--The amendment made by this section shall apply to levies issued after the date of the enactment of this Act.
Amends the Internal Revenue Code to extend through June 30, 2012, the increased 80% tax credit for health insurance costs (including advance payments) for trade adjustment assistance (TAA) and Pension Benefit Guaranty Corporation (PBGC) pension recipients. Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012. Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative. Expands for the two-year period beginning after the enactment of this Act the continuous tax levy on payments to vendors for goods and services leased to the federal government to include payments for all property sold or leased to the federal government.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the health insurance costs tax credit, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Anabolic Steroid Control Act of 2004''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (41)-- (A) by realigning the margin so as to align with paragraph (40); and (B) by striking subparagraph (A) and inserting the following: ``(A) The term `anabolic steroid' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes-- ``(i) androstanediol-- ``(I) 3b,17b-dihydroxy-5a-androstane; and ``(II) 3a,17b-dihydroxy-5a-androstane; ``(ii) androstanedione (5a-androstan-3,17-dione); ``(iii) androstenediol-- ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-androst-1-ene); ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-androst-1- ene); ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-4-ene); and ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-5-ene); ``(iv) androstenedione-- ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-dione); ``(II) 4-androstenedione (androst-4-en-3,17-dione); and ``(III) 5-androstenedione (androst-5-en-3,17-dione); ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-3- one); ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one); ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-en-3- one); ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-one); ``(ix) dehydrochloromethyltestosterone (4-chloro-17b-hydroxy- 17a-methyl-androst-1,4-dien-3-one); ``(x) <triangle>1-dihydrotestosterone (a.k.a. `1-testosterone') (17b-hydroxy-5a-androst-1-en-3-one); ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one); ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3- one); ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene); ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b- dihydroxyandrost-4-en-3-one); ``(xv) formebolone (2-formyl-17a-methyl-11a,17b- dihydroxyandrost-1,4-dien-3-one); ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]- furazan); ``(xvii) 13b-ethyl-17a-hydroxygon-4-en-3-one; ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-en- 3-one); ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-4- en-3-one); ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-one); ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3- one); ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-dien- 3-one); ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5- ene); ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-3- one); ``(xxv) 17a-methyl-3b, 17b-dihydroxy-5a-androstane; ``(xxvi) 17a-methyl-3a,17b-dihydroxy-5a-androstane; ``(xxvii) 17a-methyl-3b,17b-dihydroxyandrost-4-ene. ``(xxviii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4- hydroxy-17b-hydroxyestr-4-en-3-one); ``(xxix) methyldienolone (17a-methyl-17b-hydroxyestra-4,9(10)- dien-3-one); ``(xxx) methyltrienolone (17a-methyl-17b-hydroxyestra-4,9-11- trien-3-one); ``(xxxi) methyltestosterone (17a-methyl-17b-hydroxyandrost-4- en-3-one); ``(xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3- one); ``(xxxiii) 17a-methyl-<triangle>1-dihydrotestosterone (17b- hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `17-a-methyl-1- testosterone'); ``(xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one); ``(xxxv) norandrostenediol-- ``(I) 19-nor-4-androstenediol (3b, 17b-dihydroxyestr-4- ene); ``(II) 19-nor-4-androstenediol (3a, 17b-dihydroxyestr-4- ene); ``(III) 19-nor-5-androstenediol (3b, 17b-dihydroxyestr-5- ene); and ``(IV) 19-nor-5-androstenediol (3a, 17b-dihydroxyestr-5- ene); ``(xxxvi) norandrostenedione-- ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-dione; ``(xxxvii) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-3- one); ``(xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one); ``(xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3- one); ``(xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-3- one); ``(xli) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]- androstan-3-one); ``(xlii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-en- 3-one); ``(xliii) oxymetholone (17a-methyl-2-hydroxymethylene-17b- hydroxy-[5a]-androstan-3-one); ``(xliv) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-2- eno[3,2-c]-pyrazole); ``(xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-en-3- one); ``(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4- dien-17-oic acid lactone); ``(xlvii) testosterone (17b-hydroxyandrost-4-en-3-one); ``(xlviii) tetrahydrogestrinone (13b,17a-diethyl-17b- hydroxygon-4,9,11-trien-3-one); ``(xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and ``(xlx) any salt, ester, or ether of a drug or substance described in this paragraph. The substances excluded under this subparagraph may at any time be scheduled by the Attorney General in accordance with the authority and requirements of subsections (a) through (c) of section 201.''; and (2) in paragraph (44), by inserting ``anabolic steroids,'' after ``marihuana,''. (b) Authority and Criteria for Classification.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (1) in paragraph (1), by striking ``substance from a schedule if such substance'' and inserting ``drug which contains a controlled substance from the application of titles II and III of the Comprehensive Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.) if such drug''; and (2) in paragraph (3), by adding at the end the following: ``(C) Upon the recommendation of the Secretary of Health and Human Services, a compound, mixture, or preparation which contains any anabolic steroid, which is intended for administration to a human being or an animal, and which, because of its concentration, preparation, formulation or delivery system, does not present any significant potential for abuse.''. (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic Steroids Control Act of 1990 (Public Law 101-647) is amended-- (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (d) Effective Date.--The amendments made by this section shall take effect 90 days after the date of enactment of this Act. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving anabolic steroids; (2) consider amending the Federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner that reflects the seriousness of such offenses and the need to deter anabolic steroid trafficking and use; and (3) take such other action that the Commission considers necessary to carry out this section. SEC. 4. PREVENTION AND EDUCATION PROGRAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to public and nonprofit private entities to enable such entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids. (b) Eligibility.-- (1) Application.--To be eligible for grants under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to applicants that intend to use grant funds to carry out programs based on-- (A) the Athletes Training and Learning to Avoid Steroids program; (B) The Athletes Targeting Healthy Exercise and Nutrition Alternatives program; and (C) other programs determined to be effective by the National Institute on Drug Abuse. (c) Use of Funds.--Amounts received under a grant under subsection (a) shall be used for education programs that will directly communicate with teachers, principals, coaches, as well as elementary and secondary school children concerning the harmful effects of anabolic steroids. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2005 through 2010. SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH. (a) In General.--The Secretary of Health and Human Services shall ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $1,000,000 for each of fiscal years 2005 through 2010. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Anabolic Steroid Control Act of 2004 - Amends the Controlled Substances Act to redefine anabolic steroid to mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone). Sets forth a list of substances included as anabolic steroids, including tetrahydrogestrinone (THG), androstenedione, and specified related chemicals. Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation under the Controlled Substances Act any compound, mixture, or preparation that contains any anabolic steroid that is intended for administration to a human being or an animal and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system. Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. Directs the Secretary to: (1) award grants to enable public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids; (2) give preference for such grants to programs helping athletes to avoid steroid use; and (3) ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. Authorizes appropriations.
{"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to clarify the definition of anabolic steroids and to provide for research and education activities relating to steroids and steroid precursors."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Access and Stabilization Act of 2001''. SEC. 2. NATIONAL REQUIREMENT FOR REFORMULATED AND OXYGENATED GASOLINE. (a) Reformulated Gasoline.--(1) Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the following new subsection at the end thereof: ``(p) Phase III Uniform Formula for Reformulated and Oxygenated Gasoline.-- ``(1) National formula.--After notice and opportunity for hearing, the Administrator shall promulgate regulations for reformulated gasoline and oxygenated gasoline sold for use in all States. The regulations shall require such gasoline to comply with a national formula promulgated by the Administrator that meets the requirements of both subsections (k) and (m). The regulations shall prohibit any manufacturer of reformulated gasoline or oxygenated gasoline from selling, offering for sale, or introducing into commerce in any State any gasoline for purposes of compliance with the requirements of subsection (k) or (m) unless the gasoline complies with such national formula. ``(2) Oxygenate requirement.--The formula under paragraph (1) shall include provisions regarding the oxygen content of such gasoline which shall require that a single type of oxygenate be used. Such formula shall insure that the oxygen content shall equal or exceed the following: ``(A) Winter oxygen levels.--2.7 percent by weight (subject to a testing tolerance established by the Administrator) in portions of the year in which any area referred to in subsection (m) is prone to high ambient concentrations of carbon monoxide. ``(B) Summer oxygenate levels.--2.0 percent by weight (subject to a testing tolerance established by the Administrator) in portions of the year in which any area referred to in subsection (m) is not prone to high ambient concentrations of carbon monoxide. ``(3) Factors to be considered.--In establishing the national formula under this subsection, the Administrator shall take into account the toxicity of various alternatives, the effects of various fuel additives on water quality, crude oil supply, and such other factors as the Administrator determines appropriate. ``(4) Alternative.--The reformulated gasoline approved by the Administrator for a State referred to in subsection (c)(4)(B) shall be treated, for any State, as satisfying the requirements of this subsection. ``(4) State opt-in to national reformulated gas program or California reformulated gas program.--The Governor of any State may elect to have any area within the State, or the entire State, be treated as a covered area for purposes of subsection (k) by notifying the Administrator of such State's election. An election provided for in this subsection shall not be subject to any of the requirements or limitations set forth in paragraph (6) of subsection (k). Such election shall take effect at such time as the State determines in its notice to the Administrator. ``(5) Effective date.--The regulations promulgated under paragraph (1) of this subsection shall take effect with respect to all reformulated gasoline and oxygenated gasoline sold, offered for sale, or introduced into commerce after the date 4 years after the promulgation of such regulations.''. (2) The Administrator shall commence a rulemaking proceeding under this section 211(p) of the Clean Air Act (as added by paragraph (1) of this subsection) promptly after the enactment of this Act. (b) Other State and Local Variations in Gasoline Prohibited.--(1) Subparagraph (C) of subsection (c)(4) of such Act is amended by adding the following at the end thereof: ``This subparagraph shall not apply to any gasoline (including reformulated gasoline or oxygenated gasoline) offered for sale, or introduced into commerce after December 31, 2004, and after such date, no State, or political subdivision thereof, (other than the State of California pursuant to subsection (c)(4)(B) or another State exercising the right to opt in to California's reformulated gas standards pursuant to subsection (p)(4)) may prescribe or attempt to enforce any control or prohibition regarding the characteristics or components (including the chemical composition or emission characteristics) of gasoline, or any additive to gasoline, that is not identical to such regulations.''. (2) Section 211(c)(4)(A) of such Act is amended by inserting after ``for purposes of motor vehicle emission control'' the phrase ``or for any other purpose''. (3) Not later than 9 months prior to the effective date of regulations under subsection (p) of section 211 of the Clean Air Act, the Administrator of the Environmental Protection Agency shall notify each State for which an amendment of the applicable implementation plan under the Clean Air Act will be necessary by reason of the amendment made by this subsection and shall require that each such State submit such revision to the Administrator under section 110 of this Act within 3 months after receiving such notification. SEC. 2. ELIMINATION OF SULFUR REDUCTION PHASE-IN REQUIREMENT. (a) Amendment.--Section 211(i) of the Clean Air Act (42 U.S.C. 7545(i)) is amended by adding the following at the end thereof: ``(5) Effective September 1, 2006, no person shall manufacture, sell, supply, or offer for sale or supply, dispense, transport, or introduce into commerce motor vehicle diesel fuel which contains a concentration of sulfur in excess of 15 ppm or which fails to meet a cetane minimum index of 40 and a maximum aromatic content of 35 volume percent.''. (b) Regulations.--Not later than 12 months after enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations to implement and enforce the requirements of paragraph (5) of section 211(i) of the Clean Air Act, as added by this Act.
Gasoline Access and Stabilization Act of 2001 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for reformulated and oxygenated gasoline sold for use in all States that: (1) require such gasoline to comply with a national formula; and (2) prohibit the sale in any State of any such gasoline that does not comply with the formula. Allows reformulated gasoline approved by the Administrator for a State for which a waiver is in effect (allowing application of State emissions control standards) to satisfy this Act's requirements.Allows a State Governor to elect to have an area within the State, or the entire State, treated as a covered area for purposes of reformulated gasoline requirements, without regard to existing opt-in requirements.Prohibits States and localities, after December 31, 2004 (other than the State of California pursuant to a waiver or another State opting-in to California's reformulated gasoline standards pursuant to this Act), from prescribing or enforcing a control of any characteristic of a gasoline or additive that is not identical to EPA regulations.Prohibits, after September 1, 2006, the manufacture or introduction into commerce of motor vehicle diesel fuel that contains a concentration of sulfur exceeding 15 parts per million or fails to meet a cetane minimum index of 40 and a maximum aromatic content of 35 volume percent.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Confidence in Our Democracy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Free and open elections are a founding principle of our republican form of government. (2) It is incumbent upon Congress to ensure that elections in the United States are free of corruption and the appearance of corruption. (3) The free flow of money in politics, as exemplified by the current state of affairs, is corrupting and will distort and disfigure our democracy. (4) Excessively high levels of spending on elections is fundamentally damaging to the public perception of our government, and threatens the fairness and integrity of our democracy. (5) Congress has a constitutional duty to guarantee a republican form of government for the States. (6) Spending record sums of money on our elections threatens the continued existence of our republican form of government. (7) Allowing unlimited spending on elections means the wealthy can crowd out other important voices in our political debates, thereby giving American citizens fewer sources of information. (8) Congress has the inherent power to ensure elections for the government are conducted in a fair, honorable, and proper way to preserve our democracy and ensure the people have confidence in our elections and system of government. (9) Congress has the authority to regulate campaign expenditures to promote integrity, prevent corruption, and ensure the public has trust in our election system, going back to the Tillman Act of 1907, which prohibits corporations from making direct contributions to political campaigns. (10) In 1947, Congress passed the Taft-Hartley Act, which first prohibited corporations and labor unions from making independent expenditures in support or opposition to candidates for Federal office. (11) The Watergate scandal, and the outrageous expenditure of campaign funds in that scandal, did great damage to public confidence in government and demanded a legislative response to restore this confidence. (12) Congress enacted the Federal Elections Campaign Act (FECA) in 1974 as a response to Watergate and public calls for increased regulation of our campaign system. This law established the Federal Elections Commission and instituted limits on campaign contributions which remain law to this day. (13) In 1976, the Supreme Court issued a decision in the case of Buckley v. Valeo which first established the principle that money equals speech, in addition to overturning FECA limitations on independent expenditures. (14) The Buckley decision also stated that ``The constitutional power of Congress to regulate federal elections is well established and is not questioned by any of the parties in this case.''. (15) Equating money with speech can result in the wealthy having an undue influence on our elections at the expense of the great majority of the American people. (16) In 1990, the Supreme Court issued a decision in the case of Austin v. Michigan Chamber of Commerce which upheld a Michigan law banning corporations from making independent expenditures in elections. (17) In Austin, the Court found that ``Corporate wealth can unfairly influence elections when it is deployed in the form of independent expenditures.''. (18) Austin also established that the government has an antidistortion interest in regulating political speech. The Court held that there is a compelling government interest in preventing ``the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporation's political ideas.''. (19) In 2002, Congress enacted the Bipartisan Campaign Reform Act of 2002, which banned political parties from raising ``soft money'', among other things. (20) Spending in presidential elections has risen to excessive levels over the last decade, which threatens not only our government, but the integrity of our elections. (21) In the 2000 presidential election, both candidates spent $343.1 million combined. This number climbed to $717.9 million in the 2004 presidential election. (22) In the 2008 presidential election, Barack Obama's campaign spent $740.6 million, more than both major party candidates combined in the previous election. (23) Following the Supreme Court's decision in the case of Citizens United v. FEC, there was a massive increase in outside political spending, which threatens to undermine the legitimacy of our political system. (24) In the 2010 elections, Super PACs spent approximately $90.4 million, of which $60 million was spent explicitly advocating for or against a candidate. (25) Spending among Super PACs in 2010 was concentrated at the top. Ten Super PACs accounted for nearly 75 percent of all Super PAC spending in 2010. Additionally, American Crossroads spent $25.8 million in 2010 alone, accounting for 28.7 percent of Super PAC spending in 2010. (26) According to the Wall Street Journal, Super PACs have spent $152,528,662 on the 2012 election to date. (27) Super PACs spent $8.93 million during the week of June 18, 2012 alone. (28) Super PACs are allowed to conceal the source of their donations, thereby avoiding transparency and greater public scrutiny of their actions and motivations. (29) Six and four-tenths percent of itemized funds raised by Super PACs since 2010 were not able to be traced to their original sources, which decreases accountability and transparency, threatens public confidence in our elected officials and our elections, and has a distorting effect on our elections. (30) Corporations, now freed to spend as much as they like to influence elections, contributed $31 million to Super PACs from 2010-2011, thereby helping give corporate interests a greater voice in our political system than average Americans. (31) A January 2012 poll by Rasmussen says that 58 percent of Americans believe the United States needs new campaign finance laws. (32) A January 2012 poll by Democracy Corps found that 55 percent of Americans oppose the Citizens United decision. Eighty percent of voters also believe there should be limits on the money spent in campaigns. (33) After considering these findings, Congress is concerned by the unfairness of unlimited spending in elections and is taking this action to protect our democracy and our electoral system. (34) Reinstating the ban on corporate political expenditures and placing a limit on the amount of donations to Super PACs will help restore faith and trust in our democracy and will respond to calls by the American people for vigorous campaign finance reform and effective laws to protect our free democratic system of elections. SEC. 3. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS. (a) Prohibition.-- (1) In general.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any applicable electioneering communication'' before ``, but shall not include''. (2) Applicable electioneering communication.--Section 316 of such Act (2 U.S.C. 441b) is amended by adding at the end the following: ``(c) Rules Relating to Electioneering Communications.-- ``(1) Applicable electioneering communication.--For purposes of this section, the term `applicable electioneering communication' means an electioneering communication (within the meaning of section 304(f)(3)) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section. ``(2) Exception.--Notwithstanding paragraph (1), the term `applicable electioneering communication' does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of this Act if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding sentence, the term `provided directly by individuals' does not include funds the source of which is an entity described in subsection (a) of this section. ``(3) Special operating rules.-- ``(A) Definition under paragraph (1).--An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication. ``(B) Exception under paragraph (2).--A section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in section 304(f)(2)(E). ``(4) Definitions and rules.--For purposes of this subsection-- ``(A) the term `section 501(c)(4) organization' means-- ``(i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and ``(B) a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. ``(5) Coordination with internal revenue code.--Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 to carry out any activity which is prohibited under such Code. ``(6) Special rules for targeted communications.-- ``(A) Exception does not apply.--Paragraph (2) shall not apply in the case of a targeted communication that is made by an organization described in such paragraph. ``(B) Targeted communication.--For purposes of subparagraph (A), the term `targeted communication' means an electioneering communication (as defined in section 304(f)(3)) that is distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. ``(C) Definition.--For purposes of this paragraph, a communication is `targeted to the relevant electorate' if it meets the requirements described in section 304(f)(C).''. (3) Effective date.--The amendments made by this subsection shall take effect immediately after the enactment of subsection (b). (b) Conforming Amendment.--Sections 203 and 204 of the Bipartisan Campaign Reform Act of 2002 (Public Law 107-155) are repealed, and each provision of law amended by such sections is restored as if such sections had not been enacted into law. SEC. 4. PROHIBITION OF INDEPENDENT EXPENDITURES BY CORPORATIONS AND LABOR ORGANIZATIONS. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``includes a contribution or expenditure,'' and inserting ``includes a contribution or expenditure (including an independent expenditure),''. SEC. 5. APPLICATION OF CONTRIBUTION LIMITS AND SOURCE PROHIBITIONS TO CONTRIBUTIONS MADE TO SUPER PACS. (a) Application of Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) For purposes of the limitations imposed by paragraphs (1)(C), (2)(C), and (3)(B) on the amount of contributions which may be made by any person to a political committee, a contribution made to a political committee which accepts donations or contributions that do not comply with the contribution or source prohibitions under this Act (or made to any account of a political committee which is established for the purpose of accepting such donations or contributions) shall be treated in the same manner as a contribution made to any other political committee to which such paragraphs apply.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contributions made on or after the date of the enactment of this Act.
Restoring Confidence in Our Democracy Act - Amends the Federal Election Campaign Act of 1971 to set forth special rules for electioneering communications, especially targeted communications, which national banks, corporations, and labor organizations are prohibited from paying for. Defines "targeted communications" as electioneering communications distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. Prohibits independent expenditures by national banks, corporations, and labor organizations. Applies certain limitations on contributions made by any person to a political committee to any contribution to a political committee which accepts donations or contributions that do not comply with contribution or source prohibitions (or made to any account of a political committee established to accept such noncompliant donations or contributions).
{"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reassert the authority of Congress to restrict spending by corporations and labor organizations on campaigns for elections for Federal office, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington Boyhood Home Commemorative Coin Act of 1994''. SEC. 2. COIN SPECIFICATIONS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 500,000 one-dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of a profile of George Washington and a depiction of his boyhood home, commonly referred to as the ``Ferry Farm'', on the Stafford County banks of the Rappahannock River opposite the city of Fredericksburg, Virginia. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1996'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. Subject to section 2(a)(2), the design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act during the period beginning on January 1, 1996, and ending on December 31, 1996. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins authorized under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (c) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (c) Surcharges.--All sales shall include a surcharge of $12 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the George Washington Boyhood Home Foundation for the purpose of restoring, preserving, and developing the boyhood home of America's first President. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the George Washington Boyhood Home Foundation as may be related to the expenditures of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.
George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Kisatchie National Forest Land Conveyance Act''. SEC. 2. FINDING. Congress finds that it is in the public interest to authorize the conveyance of certain Federal land in the Kisatchie National Forest in the State of Louisiana for market value consideration. SEC. 3. DEFINITIONS. In this Act: (1) Collins camp properties.--The term ``Collins Camp Properties'' means Collins Camp Properties, Inc., a corporation incorporated under the laws of the State. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of Louisiana. SEC. 4. AUTHORIZATION OF CONVEYANCES. (a) Authorization.-- (1) In general.--Subject to valid existing rights and subsection (b), the Secretary may convey the Federal land described in paragraph (2) by quitclaim deed at public or private sale, including competitive sale by auction, bid, or other methods. (2) Description of land.--The Federal land referred to in paragraph (1) consists of-- (A) all Federal land within sec. 9, T. 10 N., R. 5 W., Winn Parish, Louisiana; and (B) a 2.16-acre parcel of Federal land located in the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish, Louisiana, as depicted on a certificate of survey dated March 7, 2007, by Glen L. Cannon, P.L.S. 4436. (b) First Right of Purchase.--Subject to valid existing rights and section 6, during the 1-year period beginning on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the Secretary shall convey, by quitclaim deed, to Collins Camp Properties all right, title and interest of the United States in and to-- (1) not more than 47.92 acres of Federal land comprising the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn Parish, Louisiana, as generally depicted on a certificate of survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436; and (2) the parcel of Federal land described in subsection (a)(2)(B). (c) Terms and Conditions.--The Secretary may-- (1) configure the Federal land to be conveyed under this Act-- (A) to maximize the marketability of the conveyance; or (B) to achieve management objectives; and (2) establish any terms and conditions for the conveyances under this Act that the Secretary determines to be in the public interest. (d) Consideration.--Consideration for a conveyance of Federal land under this Act shall be-- (1) in the form of cash; and (2) in an amount equal to the market value of the Federal land being conveyed, as determined under subsection (e). (e) Market Value.--The market value of the Federal land conveyed under this Act shall be determined-- (1) in the case of Federal land conveyed under subsection (b), by an appraisal that is-- (A) conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) approved by the Secretary; or (2) if conveyed by a method other than the methods described in subsection (b), by competitive sale. (f) Hazardous Substances.-- (1) In general.--In any conveyance of Federal land under this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate the substances. (2) Effect.--Nothing in this section otherwise affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the conveyances of Federal land. SEC. 5. PROCEEDS FROM THE SALE OF LAND. (a) Deposit of Receipts.--The Secretary shall deposit the proceeds of a conveyance of Federal land under section 4 in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Use of Funds.--Amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land and interests in land in the Kisatchie National Forest in the State. SEC. 6. ADMINISTRATION. (a) Costs.--As a condition of a conveyance of Federal land to Collins Camp Properties under section 4, the Secretary shall require Collins Camp Properties to pay at closing-- (1) reasonable appraisal costs; and (2) the cost of any administrative and environmental analyses required by law (including regulations). (b) Permits.-- (1) In general.--An offer by Collins Camp Properties for the acquisition of the Federal land under section 4 shall be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to the Federal land that specifies that the holder agrees to relinquish the special use authorization on the conveyance of the Federal land to Collins Camp Properties. (2) Special use authorizations.--If any holder of a special use authorization described in paragraph (1) fails to provide a written authorization in accordance with that paragraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties administer the special use authorization according to the terms of the special use authorization until the date on which the special use authorization expires.
Kisatchie National Forest Land Conveyance Act - Authorizes the Department of Agriculture to sell specified federal land in Winn Parish, Louisiana. Requires USDA to sell a portion of that land to Collins Camp Properties for the Collins Campsites. Requires sale proceeds to be used for the acquisition of lands and interests in the Kisatchie National Forest in Louisiana.
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SECTION 1. SHORT TITLE. This act may be referred to as the ``Tenth Amendment Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (a) in most areas of governmental concern, State governments possess both the Constitutional authority and the competence to discern the needs and the desires of the People and to govern accordingly; (b) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the Constitution; (c) the framers of the Constitution intended to bestow upon the Federal Government only limited authority over the States and the People; (d) under the Tenth Amendment to the Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (e) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of state jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) On or after January 1, 1997, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the Constitution, including a citation to the specific Constitutional authority relied upon; (2) that Congress specifically finds that it has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Congress must make specific factual findings in support of the declarations described in this section. SEC. 4. POINT OF ORDER. (a) In General.-- (1) Information required.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of Congressional intent as required under section 3. (2) Supermajority required.--The requirements of this subsection may be waived or suspended in the Senate or House of Representatives only by the affirmative vote of three-fifths of the Members of that House duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate or House of Representatives duly chosen and sworn shall be required to sustain an appeal of the ruling of the chair on a point of order raised under this subsection. (b) Rule Making.--This section is enacted-- (1) as an exercise of the rule-making power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in sections 3 and 4 and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the Constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``SEC. 560. PREEMPTION OF STATE LAW. ``(a) No executive department or agency or independent agency shall construe any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive regulations; and ``(2) the executive department, agency or independent agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall be narrowly tailored to achieve the objectives of the statute pursuant to which the regulations are promulgated and shall explicitly describe the scope of preemption. ``(c) When an executive branch department or agency or independent agency proposes to act through rule-making or other agency action to preempt State law, the department or agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(1) The notice of proposed rule-making must be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. In the table of contents of each Federal Register, there shall be a separate list of preemptive regulations contained within that Register. ``(d) Unless a final executive department or agency or independent agency rule or regulation contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule or regulation shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e) Each executive department or agency or independent agency shall publish in the Federal Register a plan for periodic review of the rules and regulations issued by the department or agency that preempt, in whole or in part, State or local government powers. This plan may be amended by the department or agency at any time by publishing a revision in the Federal Register. ``(1) The purpose of this review shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Any Federal rule or regulation promulgated after January 1, 1997, that is promulgated in a manner inconsistent with this section shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item for section 559 the following: ``560. Preemption of State Law.''. SEC. 6. CONSTRUCTION. (a) No statute, or rule promulgated under such statute, enacted after the date of enactment of this Act, shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt, or unless there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Notwithstanding any other provisions of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the People. (c) If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.
Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the Constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations, unless a supermajority in either House vote otherwise. Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Provides for notice and opportunity for State comment when a Federal agency proposes preemptive rule making or other agency action. Requires each Federal agency to publish in the Federal Register a plan for periodic review of rules and regulations preempting State or local government powers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Benjamin Franklin Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Benjamin Franklin made historic contributions to the development of our Nation in a number of fields, including government, business, science, communications, and the arts; (2) Benjamin Franklin was the only Founding Father to sign all of our Nation's organizational documents; (3) Benjamin Franklin spent his career as a successful printer, which included printing the official currency for the colonies of Pennsylvania, Delaware, New Jersey and Maryland; (4) Franklin's ``Essay on Paper Currency'' of 1741 proposed methods to fix the rate of exchange between the colonies and Great Britain; (5) Benjamin Franklin, during the American Revolution, designed the first American coin, the ``Continental'' penny; (6) Franklin made ``A Penny Saved is A Penny Earned'' a household phrase to describe the American virtues of hard work and economical living; (7) Franklin played a major role in the design of the Great Seal of the United States, which appears on the $1 bill, and other major American symbols; (8) Before 1979, Benjamin Franklin was the only non- president of the United States whose image graced circulating coin and paper currency; (9) the official United States half dollar from 1948-1963 showed Franklin's portrait, as designed by John Sinnock; (10) Franklin's ``Way to Wealth'' has come to symbolize America's commitment to free enterprise; (11) the Franklin Institute Science Museum in Philadelphia (in this Act referred to as the ``Franklin Institute'') is a museum with an interactive approach to science and technology dedicated to the work of Benjamin Franklin; (12) the Franklin Institute houses the first steam printing machine for coinage used by the United States Mint, which was placed in service in 1836, the 130th anniversary year of Franklin's birth; (13) in 1976, Franklin Hall in the Franklin Institute was named the Official National Monument to the great patriot, scientist, and inventor; (14) the Franklin Institute and 4 other major Benjamin Franklin-related Philadelphia cultural institutions joined hands in 2000 to organize international programs to commemorate the forthcoming 300th anniversary of Franklin's birth in 2006; and (15) in 2002, Congress passed the Benjamin Franklin Tercentenary Commission Act (Public Law 107-202), creating a panel of distinguished Americans to work with the private sector in recommending appropriate Tercentenary programs, with the Franklin Institute serving as its administrative secretariat. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with younger franklin image on obverse.--Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(2), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) $1 silver coins with older franklin image on obverse.-- Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(3), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at Philadelphia, Pennsylvania.-- It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at Philadelphia, Pennsylvania, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Benjamin Franklin. (2) $1 coins with younger franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Benjamin Franklin as a young man. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear an image related to Benjamin Franklin's role as a patriot and a statesman. (3) $1 coins with older franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Benjamin Franklin as an older man. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear an image related to Benjamin Franklin's role in developing the early coins and currency of the new country. (4) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Franklin Institute, for purposes of the celebration of the Benjamin Franklin Tercentenary. (c) Audits.--The Franklin Institute shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, for purposes of this Act.
Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin (not more than 250,000 bearing his image as a young statesman and not more than 250,000 with his image as an older numismatist). Directs that all sales of coins minted under this Act include a $10 per coin surcharge, which shall be paid by the Secretary to the Franklin Institute for purposes of the celebration of the Benjamin Franklin Tercentenary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Vulnerable Veterans Housing Reform Act of 2012''. SEC. 2. EXCLUSION FROM INCOME. Paragraph (4) of section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is amended-- (1) by striking ``and any amounts'' and inserting ``, any amounts''; (2) by striking ``or any deferred'' and inserting ``, any deferred''; and (3) by inserting after ``prospective monthly amounts'' the following: ``, and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code''. SEC. 3. UTILITY ALLOWANCES AND DATA. Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(D) Utility allowance.-- ``(i) In general.--In determining the monthly assistance payment for a family under subparagraphs (A) and (B), the amount allowed for tenant-paid utilities shall not exceed the appropriate utility allowance for the family unit size as determined by the public housing agency regardless of the size of the dwelling unit leased by the family. ``(ii) Exception for certain families.-- Notwithstanding subparagraph (A), upon request by a family that includes a person with disabilities, an elderly family, or a family that includes any person who is less than 18 years of age, the public housing agency shall approve a utility allowance that is higher than the applicable amount on the utility allowance schedule, except that in the case of a family that includes a person with disabilities, the agency shall approve such higher amount only if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. ``(iii) Authority to increase allowance.-- Notwithstanding subparagraph (A), in the case of any family not described in clause (ii), a public housing agency may, at the request of the family, approve a utility allowance that is higher than the applicable amount on the utility allowance schedule. In making such a determination, the agency shall consider (I) the amount of the increase in utility costs for the family, and (II) the difficulty for the family in relocating.''; and (2) by adding at the end the following new paragraph: ``(21) Utility data.-- ``(A) Publication.--The Secretary shall, to the extent that data can be collected cost effectively, regularly publish such data regarding utility consumption and costs in local areas as the Secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection. ``(B) Use of data.--The Secretary shall provide such data in a manner that-- ``(i) avoids unnecessary administrative burdens for public housing agencies and owners; and ``(ii) protects families in various unit sizes and building types, and using various utilities, from high rent and utility cost burdens relative to income.''. SEC. 4. PILOT PROGRAM FOR GRANTS FOR REHABILITATION AND MODIFICATION OF HOMES OF DISABLED AND LOW-INCOME VETERANS. (a) Grant.-- (1) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application.-- (1) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas''). (c) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low- income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that-- (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or State-wide network of affiliates that are-- (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of Funds.--A grant award under the pilot program shall be used-- (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if-- (i) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching Funds.-- (1) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions.--In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation Cost to the Veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports.-- (1) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Definitions.--In this section, the following definitions shall apply: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran's principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or State-wide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (j) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2013 through 2017. Passed the House of Representatives September 19, 2012. Attest: KAREN L. HAAS, Clerk.
Vulnerable Veterans Housing Reform Act of 2012 - Amends the United States Housing Act of 1937 to exclude as family income for Department of Housing and Urban Development (HUD) housing assistance purposes any Department of Veterans Affairs (VA) payments made to veterans in need of regular aid and attendance for expenses related to such aid and attendance. Prohibits, in determining the monthly rental assistance payment for low-income families, the amount for tenant-paid utilities from exceeding the appropriate utility allowance for that family unit size as determined by the public housing agency (agency), regardless of the size of the unit leased by the family. Requires the agency, upon request by a family that includes a person with disabilities, an elderly family, or a family that includes a person less than 18 years old, to approve a higher utility, except that, in the case of a family with a disabled person, the agency shall approve the higher amount only when needed as a reasonable accommodation to make the unit accessible to and usable by that person. Directs the HUD Secretary to regularly publish data regarding local utility consumption and costs in order to establish appropriate allowances for tenant-paid utilities for assisted families. Directs the VA Secretary to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans. Limits grant amounts to $1 million per organization. Requires such Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires an annual pilot program report from such Secretary to Congress. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State, and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads costs over $63,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair. (3) On average, on-road-vehicles contribute 34 percent of nitrogen oxides emissions. (4) It is estimated that staying at home to work requires 3 times less energy consumption than commuting to work. (5) In 2000, it was reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled. (6) The average American daily commute is 49 minutes for a 24-mile round-trip (a total of 100 hours per year). (7) The increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children. (8) Today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur. (9) Estimates indicate that about 40,000,000 Americans are currently teleworking. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $500. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to paragraph (1) shall be reduced by an amount which bears the same ratio to $500 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1), in the case of amounts with respect to which a credit has been allowed under section 30B.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30B(d),'' after ``30(b)(3),''. (3) Section 6501(m) of such Code is amended by inserting ``30B(e)(4),'' after ``30(d)(4),''. (c) Clerical Amendment.--The table of sections for 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 item: ``Sec. 30B. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.
Telework Tax Incentive Act - Amends the Internal Revenue Code to allow a tax credit for telework expenses. Defines "telework" as the use of electronic information and communication technologies to perform work functions, thereby reducing or eliminating the physical commute to and from a traditional worksite. Limits the annual amount of such credit to $500.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Literacy in Finance and Economics Act of 2011'' or the ``College LIFE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Student borrowing is widespread in higher education, and more than $100,000,000,000 in Federal education loans are originated each year. In 2008, 62 percent of recipients of a baccalaureate degree graduated with student debt. (2) Forty-eight percent of students at 4-year public institutions of higher education borrow money to pay for college, as do 57 percent of students at 4-year private institutions of higher education, and 96 percent of students at for-profit institutions of higher education. (3) In 2008, 92 percent of Black students, 85 percent of Hispanic students, 85 percent of American Indian/Alaska Native students, 82 percent of multi-racial students, 80 percent of Native Hawaiian/Pacific Islander students, 77 percent of White students, and 68 percent of Asian students received financial aid. (4) Students depart from institutions of higher education with significant debt. In 2008, the average student loan debt among graduates of institutions of higher education was $23,186, and 1 in 10 recipients of a baccalaureate degree graduated at least $40,000 in debt. In 2008, 57 percent of recipients of a baccalaureate degree from a for-profit institution of higher education owed more than $30,000, and the median amount of debt was $32,700. Since 2003, the average cumulative debt among students at institutions of higher education has increased by 5.6 percent each year. (5) Students enrolled in for-profit institutions of higher education account for 47 percent of all student loan defaults, despite representing approximately 10 percent of all students enrolled in institutions of higher education. Since 2003, the national cohort default rate has increased from 4.5 percent to 7 percent. (6) Students rely on access to credit. Fifty-six percent of dependent students at institutions of higher education had a credit card in their own name in 2004. The average credit card balance among such students who were carrying a balance on their cards was $2,000. (7) According to the National Foundation for Credit Counseling, the majority of adults (56 percent of adults in the United States, or 127,000,000 people) do not have a budget or keep close track of expenses or spending. (8) According to a 2009 National Bankruptcy Research Center study, consumers who received financial education through pre- bankruptcy counseling had 27.5 percent fewer delinquent accounts and remained current on their accounts for 29 percent longer. (9) According to the Financial Industry Regulatory Authority Investor Education Foundation, less than one-third of young adults (ages 18 to 29) set aside emergency savings to weather unexpected financial challenges. (10) According to a Jump$tart Coalition for Personal Financial Literacy survey, 62 percent of high school students cannot pass a basic personal finance exam, and financial literacy scores among future higher education students are low. (11) According to research by the National Endowment for Financial Education and the University of Arizona, schools are the institutions that students trust most to help increase their knowledge of personal finance. SEC. 3. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall provide financial literacy counseling to student borrowers in accordance with the requirements of this subsection, through-- ``(A) financial aid offices; ``(B) an employee or group of employees designated under subsection (c); or ``(C) a partnership with a nonprofit organization that has substantial experience developing or administering financial literacy and economic education curricula, which may include an organization that has received grant funding under the Excellence in Economic Education Act of 2001 (20 U.S.C. 7267 et seq.). ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling, as required under this subsection, shall be provided to student borrowers on the following 2 occasions: ``(i) Entrance counseling.--Such counseling shall be provided not later than 45 days after the first disbursement of a borrower's first loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. Financial literacy counseling on this occasion may be provided in conjunction with the entrance counseling described in subsection (l), if the financial literacy counseling component is provided in accordance with the requirements of subparagraph (C). ``(ii) Exit counseling.--Such financial literacy counseling shall be provided, in addition to the financial literacy counseling provided under clause (i), prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution, to each borrower of a loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. Financial literacy counseling on this occasion may be provided in conjunction with the exit counseling described in subsection (b), if the financial literacy counseling component is provided in accordance with the requirements of subparagraph (C). ``(B) Exceptions.--The requirements of subparagraph (A) shall not apply to borrowers of-- ``(i) a loan made, insured, or guaranteed pursuant to section 428C; ``(ii) a loan made, insured, or guaranteed on behalf of a student pursuant to section 428B; or ``(iii) a loan made under part D that is a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student. ``(C) Minimum counseling requirements.--Such financial literacy counseling shall include a total of not less than 4 hours of counseling on the occasion described in subparagraph (A)(i), and an additional period of not less than 4 hours of counseling on the occasion described in subparagraph (A)(ii). A total of not more than 2 hours of counseling for each of the occasions described in subparagraph (A) shall be provided electronically. ``(D) Early departure.--Notwithstanding subparagraph (C), if a borrower leaves an eligible institution without the prior knowledge of such institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling, as required under this subsection, shall include information on the Financial Education Core Competencies as determined by the Financial Literacy and Education Commission established under title V of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9701 et seq.). ``(4) Use of interactive programs.--The Secretary may encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting. ``(5) Model financial literacy counseling curriculum.--Not later than 1 year after the date of enactment of the College Literacy in Finance and Economics Act of 2011, the Secretary shall develop a curriculum in accordance with the requirements of paragraph (3), which eligible institutions may use to fulfill the requirements of this subsection. In developing such curriculum, the Secretary may consult with members of the Financial Literacy and Education Commission.''.
College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on the Financial Education Core Competencies as determined by the Financial Literacy and Education Commission. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Penalty Relief Act''. SEC. 2. ELECTION TO TERMINATE CERTAIN CAPITAL CONSTRUCTION FUNDS. (a) Amendments to Chapter 535 of Title 46, United States Code.-- (1) In general.--Chapter 535 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 53518. Election to terminate ``(a) In General.-- ``(1) Election.--Any person who has entered into an agreement under this chapter with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund-- ``(A) any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(i) in computing the tax on such withdrawal, except as provided in paragraph (4), subsections (c)(3)(B) and (f) of section 53511 shall not apply; and ``(ii) the taxpayer may elect to average the income from such withdrawal as provided in subsection (b); and ``(B) such individual shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members; ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund; ``(iii) no gain or loss shall be recognized with respect to such distribution; ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution; ``(v) any amounts not distributed pursuant to clause (i) shall be distributed in a nonqualified withdrawal; and ``(vi) such person shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(B) Special temporary capital construction funds.--For purposes of this chapter, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503, except that the following rules shall apply: ``(i) A special temporary capital construction fund shall be established without regard to any agreement under section 53503 and without regard to any eligible or qualified vessel. ``(ii) Section 53505 shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(iii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under section 53505 shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under section 53507(a)(1); and ``(IV) for purposes of section 53511(e), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iv) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), clauses (i) and (ii) of paragraph (2)(A) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(v) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in section 53508(a) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under section 53511(f)(3) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2)(A), (3)(A)(v), or (3)(B)(v). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this section; or ``(ii) by a person who maintains a capital construction fund which was established pursuant to paragraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member; ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018; and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(b) Election to Average Income.--At the election of an individual who has received a distribution described in subsection (a), for purposes of section 1301 of the Internal Revenue Code of 1986-- ``(1) such individual shall be treated as engaged in a fishing business, and ``(2) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendments.-- (A) Section 53511 of title 46, United States Code, is amended by striking ``section 53513'' and inserting ``sections 53513 and 53518''. (B) The table of sections for chapter 535 of title 46, United States Code, is amended by inserting after the item relating to section 53517 the following new item: ``53518. Election to terminate.''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 7518 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Election To Terminate Capital Construction Funds.-- ``(1) In general.--Any person who has entered into an agreement under chapter 535 of title 46 of the United States Code, with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund, any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(A) in computing the tax on such withdrawal, except as provided in paragraph (4), paragraphs (3)(C)(ii) and (6) of subsection (g) shall not apply, and ``(B) the taxpayer may elect to average the income from such withdrawal as provided in paragraph (6). ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members, ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund, ``(iii) no gain or loss shall be recognized with respect to such distribution, ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution, and ``(v) any amounts not distributed pursuant to clause (i) shall be distributed as a nonqualified withdrawal. ``(B) Special temporary capital construction funds.--For purposes of this section, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503 of title 46, United States Code, except that the following rules shall apply: ``(i) Subsection (a) shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(ii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505 of title 46, United States Code-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under subsection (a) shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under subsection (c)(1)(A); and ``(IV) for purposes of subsection (g)(5), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iii) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(iv) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in subsection (d)(1) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under subsection (g)(6)(B) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2), (3)(A)(v), or (3)(B)(iv). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this subsection, or ``(ii) by a person who maintains a capital construction fund which was established pursuant to subparagraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member, ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018, and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(6) Election to average income.--At the election of an individual who has received a distribution described in paragraph (2), for purposes of section 1301-- ``(A) such individual shall be treated as engaged in a fishing business, and ``(B) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendment.--Section 7518(g)(1) of such Code is amended by striking ``subsection (h)'' and inserting ``subsections (h) and (j)''.
Capital Construction Fund Penalty Relief Act - Permits any person who entered into a capital construction fund agreement (an agreement to provide replacement vessels, additional vessels, or reconstructed vessels) with respect to certain vessels operated in the fisheries of the United States to make an election to terminate the capital construction fund established under such agreement. Amends the Internal Revenue Code to prescribe requirements regarding the effect of such an election, including the distribution and taxation of such funds, on individuals and entities.
{"src": "billsum_train", "title": "Capital Construction Fund Penalty Relief Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection (a) of section 1414 of title 10, United States Code, is amended-- (1) by striking ``Compensation'' in the subsection heading and all that follows through ``Subject'' and inserting ``Compensation.--Subject''; and (2) by striking paragraph (2). (b) Phase-In of Concurrent Receipt for Retirees With Service- Connected Disabilities Rated as 40 Percent or Less.--Subsection (c) of such section is amended-- (1) in the matter before paragraph (1), by striking ``subsection (a)(1)'' and inserting ``subsection (a)''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (c) Clerical Amendments.-- (1) Section heading.--The heading for such section is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2010, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and all that follows through the end of paragraph (1) and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and''. (b) Amendments To Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Specification of qualified retirees for concurrent receipt purposes.--Section 1414 of such title, as amended by section 2, is amended-- (A) in subsection (a)-- (i) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``an individual who is a qualified retiree for any month''; and (ii) by inserting ``retired pay and veterans' disability compensation'' after ``both''; and (B) in subsection (e), by adding at the end the following new paragraph: ``(5) Qualified retiree.--The term `qualified retiree' means a member or former member of the uniformed services who, with respect to any month-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is entitled to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2010, and shall apply to payments for months beginning on or after that date.
Retired Pay Restoration Act - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Provides a phase-in for the concurrent receipt of retired pay with respect to retirees with service-connected disabilities rated at 40% or less. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
{"src": "billsum_train", "title": "To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nigeria Democracy Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The November 10, 1995, execution by hanging of Ken Saro-Wiwa and eight other Ogoni environmental activists was carried out by the Government of Nigeria after a trial that ignored the fundamental standards of legal process, and despite the pleas for clemency by the African and international community, as well as the United States Administration, the Chairman and ranking minority member of the Committee on International Relations of the House of Representatives, and the Chairman of the Congressional Black Caucus and the co- chairs of the Human Rights Caucus of the House of Representatives. (2) The United Nations recommended in both March and April of 1996 that the Government of Nigeria release the bodies of the Ogoni Nine for proper burial and paid compensation to the families of the deceased. (3) This heinous action followed an October 1, 1995, ambiguous statement by Nigerian military leader General Sani Abacha, that the country would be returned to civilian democratic rule in three years, and a lifting of the ban on political parties while at the same time not repealing the Treasonable Offenses Decree which allows the arrest of anyone speaking against the government. (4) General Abacha's announcement was pressured by the outrage of the international community for his March 1995 arrest and conviction to long prison terms by secret trial of some 43 persons for involvement in a so-called coup. Among those convicted and still incarcerated are former President General Olusegun Obasanjo, the only military leader in Nigeria to return power to democratic civilian rule, General Shehu Musa Yar-Adua, deputy to the President in Abaasanjo's Administration, and later, human rights activist Beko Ransome- Kuti. (5) The people of Nigeria and the international community had been led to believe that the presidential election held in Nigeria on June 12, 1993, would result in a return to full democratic civilian rule in Nigeria. (6) General Ibrahim Babangida, the head of Nigeria's military government at the time of the June 12, 1993, election interrupted the release of the election results on June 23, 1993, and later annulled the election, thereby preventing a return to civilian rule. (7) The election process indicated that voters in Nigeria-- a country with a population of approximately 90,000,000 persons comprising 250 ethnic groups and spread across 357,000 square miles--were expressing a spirit of national unity that transcended ethnic, religious, and regional allegiances. (8) The reported returns suggested that Chief M.K.O. Abiola of the Social Democratic Party was receiving a substantial majority of the votes cast, leading the poll in 20 of the 30 States in Nigeria. (9) The annulment of the presidential elections resulted in various forms of civil unrest, which in turn led to the deaths of more than 100 persons. (10) An interim government established by General Babangida on August 27, 1993, and headed by Ernest Shonekan, failed to win the support of the Nigerian people. (11) General Sani Abacha took power on November 17, 1993, appointing an unelected Provisional Ruling Council to govern Nigeria. (12) Chief M.K.O. Abiola was imprisoned in solitary confinement for over one year for pressing his claim as the elected democratic leader of Nigeria, and still remains incarcerated today. (13) The political and economic conditions in Nigeria have continued to deteriorate in the months since Abacha took control of the country. (14) The faith of the Nigerian people in the viability of the nation as a unified whole must be preserved, and the balkanization of Nigeria guarded against. (15) The people of Nigeria have not accepted the continuation of military rule and have courageously spoken out in favor of the rapid return of democratic and civilian rule. (16) On May 15, 1994, a broad coalition of Nigerian democrats formed the National Democratic Coalition calling upon the military government to step down in favor of the winner of the June 12, 1993 election. (17) The confidence of the Nigerian people and the international community in the Provisional Ruling Council's commitment to the restoration of democracy can only be established by a sustained demonstration of a commitment to human rights, due process, and the return of civilian rule. (18) The United States would prefer to have a relationship with Nigeria based upon cooperation and mutual support but cannot, and will not, condone or overlook the denial of democratic civilian rule, against the clear wishes of the Nigerian people, by the Provisional Ruling Council or any other body in Nigeria. (19) The lack of support from the Nigerian authorities on drug trafficking issues forced the United States for the last 2 years to place Nigeria on the list of countries penalized for failure to seriously address the narcotics proliferation issue, thus endangering vulnerable youth in our communities. (20) Continuing credible reports of widespread corruption and questionable business practices in the Nigerian Government and ``scams'' in the United States, and the lack of cooperation in addressing these problems by the Nigerian Government, further undermines Nigeria's credibility in the international community, and is a constant embarrassment to approximately 1,000,000 law-abiding Nigerian Americans. (21) Nigeria's leadership role on the African continent, especially in the area of peacekeeping, will be severely compromised by its failure to rejoin the world community of democratic nations. (22) Nigeria was recently suspended from the Commonwealth, a forum linking Britain and former colonies, and African countries like South Africa have already called for diplomatic, economic, and sports sanctions, since the limited sanctions imposed by the United States Administration have had little effect in safeguarding the lives of the people of Nigeria and moving Nigeria toward democracy. SEC. 3. DECLARATIONS OF POLICY. (a) Commitment to Unity and Democracy by the Nigerian People.--The Congress continues to support the Nigerian people in their commitment to unity and democracy as evidenced by their participation in the June 12, 1993, presidential election in Nigeria, and in their subsequent insistence on the return to full civilian and democratic rule. (b) Actions Taken by the United States.--While the Congress endorses the limited steps taken by the Administration to demonstrate United States opposition to the annulment of the June 12, 1993, presidential election in Nigeria, more needs to be accomplished to encourage the restoration of fully democratic and civilian rule in Nigeria. (c) Sanctions to be Implemented in Coordination With International Community.--The Congress declares that the sanctions against Nigeria contained in this Act should be taken in concert with the international community and the United Nations to the maximum extent possible. (d) Increase in Democracy Building and Rule of Law Assistance.--The Congress declares that the finite foreign assistance resources of the United States Government provided to Nigeria should be re-prioritized within present budget levels in order that more funds can be expended for democracy building and the promotion of the rule of law through nongovernmental organizations in Nigeria. SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA. (a) United States Measures To Promote Democracy and Human Rights.-- (1) No assistance.-- (A) In general.--Except as provided in subparagraph (B), no assistance may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act to the Government of Nigeria. (B) Exceptions.--The prohibition in subparagraph (A) shall not apply to assistance for democracy building and the promotion of the rule of law through nongovernmental organizations. (2) International financial institutions.--The President shall instruct the United States Executive Director of each international financial institution to vote against any loan or other utilization of the funds of the respective institution to or from Nigeria. (3) Air transportation.--Air transportation with Nigeria shall be prohibited in accordance with subsection (b). (4) Defense articles and services.--No defense article or defense service may be sold or financed with respect to Nigeria, and no license to export to Nigeria a defense article or service may be issued. (5) Exclusion of nigerians from admission to the united states.--Except as required by United States treaty obligations, any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families shall be ineligible to receive a visa and shall be excluded from admission into the United States. (6) Eximbank, opic, and tda.--No funds available to the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency may be used with respect to Nigeria. (7) Prohibition of new investment.-- (A) In general.--No national of the United States may, directly or through another person, make any new investment in Nigeria, including new investments in the energy sector. (B) Effective date.--The prohibition contained in subparagraph (A) shall take effect 45 days after the date of enactment of this Act. (8) Assets freeze.--The President, acting through the Secretary of the Treasury, shall exercise the authority of the International Emergency Economic Powers Act to block the assets of any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families. (b) Prohibition of Air Transportation With Nigeria.-- (1) Prohibition on nigerian air carrier.-- (A) In general.--Not later than 10 days after the date of the enactment of this Act, the President shall direct the Secretary of Transportation to revoke the right of any air carrier designated by the Government of Nigeria under any air transport agreement between the United States and Nigeria to service the routes provided in the agreement. (B) Notification.--The President shall immediately notify the Government of Nigeria of his intention to suspend, in accordance with subparagraph (A), the rights of any air carrier designated by the Government of Nigeria under any such air transport agreement. (2) Prohibition on united states air carrier.--Not later than 10 days after the date of the enactment of this Act, the President shall direct the Secretary of Transportation not to permit or otherwise designate any United States air carrier to provide service between the United States and Nigeria pursuant to any air transport agreement between the United States and Nigeria. (3) Termination of air transport agreements.-- (A) In general.--Not later than 10 days after the date of the enactment of this Act, the Secretary of State shall terminate any air transport agreement between the Government of the United States and the Government of Nigeria in accordance with the provisions of that agreement. (B) Prohibition on nigerian aircraft.--Upon termination of such agreement, the Secretary of Transportation shall prohibit any aircraft of a foreign air carrier owned, directly or indirectly, by the Government of Nigeria or by Nigerian nationals from engaging in air transportation with respect to the United States. (C) Prohibition on united states aircraft.--The Secretary of Transportation shall prohibit the takeoff and landing in Nigeria of any aircraft by an air carrier owned, directly or indirectly, or controlled by a national of the United States or by any corporation or other entity organized under the laws of the United States or of any State. (4) Waivers.--The President may waive the prohibitions contained in paragraph (1), (2), or (3) if the President determines and certifies to the Congress that the air transportation prohibited under either such paragraph is important to the national interest of the United States, including emergencies in which the safety of an aircraft or its crew or passengers is threatened. (5) Definitions.--For the purposes of this subsection, the terms ``aircraft'', ``air transportation'', and ``foreign air carrier'' have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). (c) Multilateral Measures To Promote Democracy and Human Rights.-- The President shall instruct the United States Permanent Representative to the United Nations to actively pursue the passage of any resolution by the United Nations Security Council that enhances the cooperation of other nations in the application of the spirit and intent of the sanctions contained in this section. (d) Waiver of Sanctions.--The President may waive any of the sanctions contained in this section if the President determines and certifies to the Congress that such a waiver is important to the national interest of the United States. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States should follow the precedent of the Federation of International Football Associations which withdrew its invitation for Nigeria to host the World Youth Soccer Championships in 1995 by excluding Nigerian sporting teams from participating in any sporting event in the United States; and (2) the President should work with the Government of Australia prior to the opening of the 2000 Olympic Games to be held in Sydney, Australia, to determine the appropriateness of issuing visas for Nigerian participants in those Olympic Games based upon the progress made by Nigeria toward democracy. SEC. 6. REPORT. Not later than 3 months after the date of the enactment of this Act, and every 6 months thereafter, the President shall prepare and transmit to the Congress a report on the extent to which Nigeria has made progress toward democracy, civilian rule, and respect for internationally recognized human rights. SEC. 7. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institutions'' includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Mutual Investment Guarantee Agency, the African Development Bank, the African Development Fund, and the International Monetary Fund. (2) National of the united states.--The term ``national of the United States'' means-- (A) a natural person who is a citizen of the United States or is an alien lawfully admitted for permanent residence in the United States, as defined by section 101(a)(20) of the Immigration and Nationality Act; or (B) a corporation, partnership, or other business association which is organized under the law of the United States, any State or territory thereof, or the District of Columbia. (3) New investment.--The term ``new investment''-- (A) means-- (i) a commitment or contribution of funds or other assets, and (ii) a loan or other extension of credit, and (B) does not include-- (i) the reinvestment of profits generated by a controlled Nigerian entity into that same controlled Nigerian entity or the investment of such profits in a Nigerian entity; and (ii) contributions of money or other assets where such contributions are necessary to enable a controlled Nigerian entity to operate in an economically sound manner, without expanding its operations. (4) Nigerian entity.--The term ``Nigerian entity'' means-- (A) a corporation, partnership, or other business association or entity organized in Nigeria; or (B) a branch, office, agency, or sole proprietorship in Nigeria of a person that resides or is organized outside Nigeria.
Nigeria Democracy Act - Imposes certain economic sanctions on Nigeria to promote democracy and human rights there. Requires the President to direct the Secretary of Transportation to revoke the right of Nigerian air carriers to service, and prohibit U.S. air carriers from servicing, routes between the United States and such country. Authorizes waiver of such sanctions if the President certifies to the Congress that such waiver is important to the national interest. Expresses the sense of the Congress that: (1) the United States should exclude Nigerian sporting teams from participating in any sporting event in the United States; and (2) the President should work with the Government of Australia before the 2000 Olympic Games to be held in Sydney to determine the appropriateness of issuing visas for Nigerian participants in such Games. Directs the President to report periodically to the Congress on the extent to which Nigeria has made progress toward democracy, civilian rule, and respect for internationally-recognized human rights.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanded Options in Higher Education for District of Columbia Students Act of 1999''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program that enables college-bound residents of the District of Columbia to have greater choices among institutions of higher education. SEC. 3. THE EXPANDED OPTIONS IN HIGHER EDUCATION FOR DISTRICT OF COLUMBIA STUDENTS PROGRAM. (a) In General.--From amounts appropriated under subsection (h), the Secretary shall award grants to eligible institutions that enroll eligible students to pay the difference between the tuition charged for in-State students and the tuition charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (b) Ratable Reduction.--If the funds appropriated under subsection (h) for any fiscal year are not sufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, the amount of the tuition payment made on behalf of each eligible student shall be ratably reduced. If additional sums become available for that fiscal year, the reduced grant amount shall be increased on the same basis as the grant amount was reduced (until the amount of the grant equals the amount determined under subsection (a)). (c) Definitions.--In this section: (1) Academic year.--The term ``academic year'' has the meaning given the term in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088). (2) Eligible student.--The term ``eligible student'' means an individual who-- (A) has been a resident of the District of Columbia for not less than the 12 consecutive months preceding the academic year for which the tuition payment is sought; (B) is a member of a family that has an income level that is below the applicable income level at which eligibility for the Hope Scholarship and Lifetime Learning Credit is disallowed by reason of section 25A(d) of the Internal Revenue Code of 1986; (C) begins the individual's undergraduate course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma; (D) is enrolled or accepted for enrollment, on at least a half-time basis, in a degree, certificate, or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (E) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (F) has not completed the individual's first undergraduate baccalaureate course of study; and (G) has filed an application with an eligible institution. (3) Eligible institution.--The term ``eligible institution'' means an institution that-- (A) is a public institution of higher education located in the State of Maryland or the Commonwealth of Virginia; (B) is an institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (C) is eligible to participate in the student financial assistance programs under title IV of such Act (20 U.S.C. 1070 et seq.); and (D) enters into an agreement with the Secretary containing such conditions as the Secretary may specify. (4) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. (e) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (f) Administration of Program.-- (1) In general.--The Secretary shall carry out the program under this section in consultation with the Mayor of the District of Columbia. The Secretary may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Secretary determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Secretary, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (g) Report.--The Secretary shall report to Congress annually regarding-- (1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; (2) the extent, if any, to which a ratable reduction was made in the amount of tuition payments made on behalf of eligible students; and (3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Education to carry out this section $20,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 5 succeeding fiscal years. Such funds shall remain available until expended. (i) Effective Date.--This section shall take effect for academic years beginning on or after July 1, 2000. SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT OF COLUMBIA. (a) In General.--The Secretary of Education may provide financial assistance to the University of the District of Columbia to enable the University to carry out activities authorized under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.). (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,500,000 for fiscal year 2000 and such sums as may be necessary for each of the 5 succeeding fiscal years. SEC. 5. PRIVATE SCHOOL PROGRAM. (a) In General.--The Secretary may award grants to eligible institutions that enroll eligible students to pay the cost of tuition and fees at the eligible institutions on behalf of each eligible student enrolled in an eligible institution. The Secretary may prescribe such regulations as may be necessary to carry out this section. (b) Grant Amount.-- (1) In general.--The Secretary shall award a grant under this section on behalf of each eligible student in an amount that is not greater than $2,000 for each eligible student per academic year. In determining the amount of the tuition and fee payment made on behalf of eligible students for an academic year the Secretary shall consider the number of eligible students for the academic year and the amount of funds appropriated under subsection (f) for the academic year. (2) Proration.--The Secretary shall prorate grant awards under this section for students who attend school on less than a full time basis. (c) Definitions.--In this section: (1) Eligible student.--The term ``eligible student'' means an individual who meets the requirements of subparagraphs (A) through (G) of section 3(c)(2). (2) Eligible institution.--The term ``eligible institution'' means an institution that-- (A)(i) is a private, nonprofit institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001), that is located in the District of Columbia or in a county adjacent to the District of Columbia; or (ii) is a proprietary institution of higher education, as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), that-- (I) provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree; and (II) is located in the District of Columbia or in a county adjacent to the District of Columbia; (B) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (C) enters into an agreement with the Secretary containing such conditions as the Secretary may specify. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Application.--Each eligible student desiring a tuition and fee payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (e) Administration of Program.-- (1) In general.--The Secretary shall carry out the program under this section in consultation with the Mayor of the District of Columbia. The Secretary may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Secretary determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Secretary, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Education to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 5 succeeding fiscal years. Such funds shall remain available until expended. (g) Effective Date.--This section shall take effect for academic years beginning on or after July 1, 2000.
Defines eligibility criteria, including membership in a family with an income level below the threshold at which eligibility for the Hope Scholarship and Lifetime Learning Credit is disallowed under the Internal Revenue Code. Authorizes the Secretary to delegate administration of the program to another public or private entity if it would be more efficient to do so. Authorizes appropriations. Authorizes the Secretary to provide financial assistance to the University of the District of Columbia to enable it to carry out activities authorized by the Higher Education Act of 1965 with respect to Historically Black Colleges and Universities. Authorizes appropriations. Authorizes the Secretary to award grants of up to $2,000 per academic year on behalf of eligible students to help defray tuition costs for attendance at private, nonprofit postsecondary education institutions in the District or an adjacent county. Prescribes eligibility criteria identical to the other eligibility criteria of this Act. Authorizes the Secretary to delegate administration of the program to another public or private entity if it would be more efficient to do so. Authorizes appropriations.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lake Berryessa Recreation Enhancement Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. Sec. 4. Establishment of Lake Berryessa Recreation Area. Sec. 5. Management of Recreation Area. Sec. 6. Concessions permits and agreements. Sec. 7. Continued authorities of Commissioner of Reclamation. Sec. 8. Existing authorizations. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Monticello Dam-- (A) was authorized by the Reclamation Project Act of 1939 (53 Stat. 1187); (B) resulted in the formation of Lake Berryessa; and (C) is operated by the Bureau of Reclamation; (2) Lake Berryessa-- (A) covers approximately 28,915 acres of surface water and land; (B) has 165 miles of shoreline; (C) has a 2,000-acre wildlife area on the east side; (D) is located less than 100 miles from both Sacramento and San Francisco, California; and (E) has become an important regional recreation destination; and (3) the recreational use at Lake Berryessa generates tourism that is important to local economies. (b) Purposes.--The purposes of this Act are-- (1) to provide diverse, high-quality recreational facilities and services on Lake Berryessa and the surrounding lands; (2) to conserve the natural, scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of that land and water; (3) to promote cooperation between the Federal Government and private entities to manage that exceptional resource; and (4) to establish the Lake Berryessa Recreation Area and transfer administrative jurisdiction over certain Federal land for management as public lands by the Bureau of Land Management as part of that area. SEC. 3. DEFINITIONS. In this Act: (1) Dam.--The term ``Dam'' means-- (A) the Monticello Dam; and (B) any facility relating to the Monticello Dam. (2) Recreation area.--The term ``Recreation Area'' means the Lake Berryessa Recreation Area designated by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 4. ESTABLISHMENT OF LAKE BERRYESSA RECREATION AREA. (a) Establishment.--Subject to valid existing rights, the approximately ___ acres of land administered by the Bureau of Reclamation that is underlying or adjacent to Lake Berryessa and is identified as ``___'' on the map dated ___, including any improvements thereon, are hereby established as the Lake Berryessa Recreation Area. (b) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the Recreation Area is transferred from the Bureau of Reclamation to the Bureau of Land Management. (c) Transfer of Ownership of Personal Property.--The Bureau of Reclamation may transfer to the Bureau of Land Management, without compensation, administrative jurisdiction over items of personal property used in the administration of the Recreation Area. SEC. 5. MANAGEMENT OF RECREATION AREA. (a) In General.--Subject to valid existing rights, the Secretary shall manage and administer the Recreation Area in accordance with this Act, sections 601 through 604 of Public Law 93-493, and the laws (including regulations) applicable to land under the administrative jurisdiction of the Bureau of Land Management. (b) Comprehensive Management Plan.-- (1) In general.--The Secretary shall develop a management plan for the administration and management of the Recreation Area. (2) Development of management plan.--For purposes of this Act, the Secretary may use or adopt, in whole or part-- (A) the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006, or may develop a new management plan; and (B) any concessions planning or environmental documents prepared by or for the Bureau of Reclamation for the Recreation Area. (3) NEPA.--The decision to use or adopt, in whole or part, any document referenced in paragraph (2) shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). This decision is not subject to judicial review. (4) Applicability.--Nothing in this Act requires an immediate revision or amendment to any plan for the Recreation Area. (5) Recreational safety and security.--Subject to paragraph (5), the Secretary of the Interior may establish guidelines and restrictions on recreational uses to ensure the safety and security of recreational users in Recreational Area. (c) Funding.--For the purposes of managing and administering the Recreation Area during a transition period not to exceed five years after the date of enactment of this Act, the Secretary may transfer funds from the Bureau of Reclamation to the ``Bureau of Land Management-Management of Lands and Resources'' account, to remain available until expended, for the administration the Recreation Area. (d) Recreational Uses.--Nothing in this Act or the comprehensive management plan for the Recreation Area shall prohibit historical or existing authorized recreational uses, including motorized use, from occurring in the Recreation Area. SEC. 6. CONCESSIONS PERMITS AND AGREEMENTS. (a) In General.--The Secretary is authorized to issue recreation concession permits, including at the Recreation Area, to allow a third party to provide facilities and services to visitors on lands and waters managed by the Bureau of Land Management in support of outdoor recreational opportunities in accordance with an applicable land use plan. Any such permit shall not constitute a contract for the procurement of goods and services for the benefit of the government or otherwise. (b) Compensation to the Government.--Each permit issued under this section shall provide for monetary compensation, including franchise fees, to the Federal Government for the rights and privileges provided. (c) Regulations.--The Secretary shall promulgate regulations to facilitate the implementation of this section. (d) Revenues.--Revenues collected under this section shall be deposited into an account in the Treasury, and shall remain available until expended for managing and enhancing the public lands at the specific area where the revenues are collected. (e) Existing Agreements at Lake Berryessa Recreation Area.-- (1) Continuation of agreements.--Facilities and services provided in the Recreation Area under existing recreation concessions and recreation lease agreements with the Bureau of Reclamation, including agreements for campgrounds and marinas, may continue pursuant to the terms and conditions of each agreement. (2) Extension of agreements.--The Secretary may extend an existing recreation concessions and recreation lease agreement at the Recreation Area after expiration for a period not to exceed 3 years to allow continuation of services during the transition. (3) Reduction in federal costs.--To reduce Federal costs in administering this subsection, the issuance of new agreements or concession permits for activities within the Recreation Area that have been considered and permitted by the Bureau of Reclamation under previous analysis, that are similar to existing uses, or that are not inconsistent with approved uses and will not substantially increase the use of an area, shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 7. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION. (a) In General.--The Commissioner of Reclamation shall continue to administer and operate-- (1) the Dam; and (2) any power facility relating to the Dam. (b) Effects.--Nothing in this Act or any subsequent management plan shall-- (1) impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with authorized purposes; (2) affect the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (3) affect any vested absolute or decreed conditional water right in existence on the date of the enactment of this Act, including any water right held by the United States; (4) affect any interstate water compact in existence on the date of the enactment of this Act; (5) authorize or impose any new reserved Federal water rights; (6) relinquish or reduce any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act; or (7) modify, change, or supersede any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District. SEC. 8. EXISTING AUTHORIZATIONS. (a) In General.--Except as otherwise provided in this Act, nothing in this Act affects any authorization in effect as of the date of the enactment of this Act made by any department or agency of the Federal Government for the use of land or water located in the Recreation Area (referred to in this section as an ``existing authorization''). (b) Assumption of Existing Authorization.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall assume the administration of any existing authorization, with such revisions as necessary to align the authorization with existing law and policies of the Bureau of Land Management. (c) Renewal of Existing Authorization.--The renewal of any existing authorization shall be made in accordance with such terms and conditions as the Secretary may prescribe.
Lake Berryessa Recreation Enhancement Act of 2016 This bill establishes as the Lake Berryessa Recreation Area specified land administered by the Bureau of Reclamation that is underlying or adjacent to Lake Berryessa in California, including any improvements. The bill transfers the administrative jurisdiction over the area from the Bureau of Reclamation to the Bureau of Land Management (BLM) of the Department of the Interior. Interior shall develop a management plan for the area and may establish guidelines and restrictions on recreational uses to ensure the safety and security of recreational users. Interior may also issue recreation concession permits, including at the area, to allow a third party to provide facilities and services to visitors on lands and waters managed by the BLM in support of outdoor recreational opportunities. Reclamation shall continue to administer and operate the Monticello Dam and any related facility, including any power facility.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme Disease Initiative Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The incidence of Lyme disease in the United States is increasing more rapidly than most other diseases. The Centers for Disease Control and Prevention has determined that, since 1982, there has been a 32-fold increase in reported cases. (2) For 1996, such Centers determined that 16,455 cases of the disease were reported. (3) There is no reliable standardized diagnostic test for Lyme disease, and it is therefore likely that the disease is severely underreported. The disease is often misdiagnosed because the symptoms of the disease mimic other health conditions. (4) Lyme disease costs our Nation at least $60,000,000 a year in direct medical costs for early, acute cases. The costs of chronic cases of the disease, as well as the costs of lost wages and productivity, are many times higher. (5) Many health care providers lack the necessary knowledge and expertise--particularly in non-endemic areas--to accurately diagnose Lyme disease. As a result, patients often visit multiple doctors before obtaining a diagnosis of the disease, resulting in prolonged pain and suffering, unnecessary tests, and costly and futile treatments. SEC. 3. PUBLIC HEALTH GOALS; FIVE-YEAR PLAN. (a) In General.--The Secretary of Health and Human Services (acting as appropriate through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health) and the Secretary of Defense shall collaborate to carry out the following: (1) The Secretaries shall establish the goals described in subsections (c) through (f) (relating to activities to provide for a reduction in the incidence and prevalence of Lyme disease). (2) The Secretaries shall carry out activities toward achieving the goals, which may include activities carried out directly by the Secretaries and activities carried out through awards of grants or contracts to public or nonprofit private entities. (3) In carrying out paragraph (2), the Secretaries shall give priority-- (A) first, to achieving the goal under subsection (c); (B) second, to achieving the goal under subsection (d); (C) third, to achieving the goal under subsection (e); and (D) fourth, to achieving the goal under subsection (f). (b) Five-Year Plan.--In carrying out subsection (a), the Secretaries shall establish a plan that, for the 5 fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under subsections (c) through section (f). The plan shall, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease that are conducted or supported by the Federal Government. (c) First Goal: Detection Test.-- (1) In general.--For purposes of subsection (a), the goal described in this subsection is the development, by the expiration of the 18-year period beginning on the date of the enactment of this Act, of-- (A) a test for accurately determining whether an individual who has been bitten by a tick has Lyme disease; and (B) a test for accurately determining whether a patient with such disease has been cured of the disease. (d) Second Goal: Improved Surveillance and Reporting System.--For purposes of subsection (a), the goal described in this subsection is to review the system in the United States for surveillance and reporting with respect to Lyme disease and to determine whether and in what manner the system can be improved (relative to the date of the enactment of this Act). In carrying out activities toward such goal, the Secretaries shall-- (1) consult with the States, units of local government, physicians, patients with Lyme disease, and organizations representing such patients; (2) consider whether uniform formats should be developed for the reporting by physicians of cases of Lyme disease to public health officials; and (3) with respect to health conditions that are reported by physicians as cases of Lyme disease but do not meet the criteria established by the Director of the Centers for Disease Control and Prevention to be counted as such cases, consider whether data on such health conditions should be maintained and analyzed to assist in understanding the circumstances in which Lyme disease is being diagnosed and the manner in which it is being treated. (e) Third Goal: Indicator Regarding Accurate Diagnosis.--For purposes of subsection (a), the goal described in this subsection is to determine the average number of visits to physicians that are made by patients with Lyme disease before a diagnosis of such disease is made. In carrying out activities toward such goal, the Secretaries shall conduct a study of patients and physicians in 2 or more geographic areas in which there is a significant incidence or prevalence of cases of Lyme disease. (f) Fourth Goal: Physician Knowledge.--For purposes of subsection (a), the goals described in this subsection are to make a significant increase in the number of physicians who have an appropriate level of knowledge regarding Lyme disease, and to develop and apply an objective method of determining the number of physicians who have such knowledge. SEC. 4. LYME DISEASE TASK FORCE. (a) In General.--Not later than 120 days after the date of enactment of this Act, there shall be established in accordance with this section an advisory committee to be known as the Lyme Disease Task Force (in this section referred to as the Task Force). (b) Duties.--The Task Force shall provide advice to the Secretaries with respect to achieving the goals under section 3, including advice on the plan under subsection (b) of such section. (c) Composition.--The Task Force shall be composed of 9 members with appropriate knowledge or experience regarding Lyme disease. Of such members-- (1) 2 shall be appointed by the Secretary of Health and Human Services, after consultation with the Director of the Centers for Disease Control and Prevention; (2) 2 shall be appointed by the Secretary of Health and Human Services, after consultation with the Director of the National Institutes of Health; (3) 1 shall be appointed by the Secretary of Defense; (4) 2 shall be appointed by the Speaker of the House of Representatives, after consultation with the Minority Leader of the House; and (5) 2 shall be appointed by the President Pro Tempore of the Senate, after consultation with the Minority Leader of the Senate. (d) Chair.--The Task Force shall, from among the members of the Task Force, designate an individual to serve as the chair of the Task Force. (e) Meetings.--The Task Force shall meet at the call of the Chair or a majority of the members. (f) Term of Service.--The term of service of a member of the Task Force is the duration of the Task Force. (g) Vacancies.--Any vacancy in the membership of the Task Force shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to carry out the duties of the Task Force. (h) Compensation; Reimbursement of Expenses.--Members of the Task Force may not receive compensation for service on the Task Force. Such members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Task Force. (i) Staff; Administrative Support.--The Secretary of Health and Human Services shall, on a reimbursable basis, provide to the Task Force such staff, administrative support, and other assistance as may be necessary for the Task Force to effectively carry out the duties under subsection (b). (j) Termination.--The Task Force shall terminate on the date that is 90 days after the end of the fifth fiscal year that begins after the date of the enactment of this Act. SEC. 5. ANNUAL REPORTS. The Secretaries shall submit to the Congress periodic reports on the activities carried out under this Act and the extent of progress being made toward the goals established under section 3. The first such report shall be submitted not later than 18 months after the date of the enactment of this Act, and subsequent reports shall be submitted annually thereafter until the goals are met. SEC. 6. DEFINITION. For purposes of this Act, the term ``Secretaries'' means-- (1) the Secretary of Health and Human Services, acting as appropriate through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health; and (2) the Secretary of Defense. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) National Institutes of Health.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the National Institutes of Health, there are authorized to be appropriated to the Director of such Institutes for such purposes $9,000,000 for each of the fiscal years 1999 through 2003. (b) Centers for Disease Control and Prevention.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the Centers for Disease Control and Prevention, there are authorized to be appropriated to the Director of such Centers for such purposes $8,000,000 for each of the fiscal years 1999 through 2003. (c) Department of Defense.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the Department of Defense, there are authorized to be appropriated to the Secretary of Defense for such purposes $3,000,000 for each of the fiscal years 1999 through 2003. SEC. 8. SENSE OF THE CONGRESS. It is the sense of the Congress that the Food and Drug Administration should-- (1) conduct a rapid and thorough review of new drug applications for drugs to immunize individuals against Lyme disease; and (2) ensure that the labeling approved for such drugs specifically indicate the particular strains of Lyme disease for which the drugs provide immunization, the duration of the period of immunization, and the reliability rate of the drugs.
Lyme Disease Initiative Act of 1998 - Directs the Secretary of Health and Human Services (acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Health and the Secretary of Defense to collaborate in: (1) establishing specified public health goals relating to activities providing for a reduction in the incidence and prevalence of Lyme disease; and (2) carrying out activities toward achieving the goals directly or through grant awards or contracts to public or nonprofit private entities. Requires the Secretaries to establish a five-year plan for carrying out such activities and coordinating the programs and activities conducted or supported by the Government. Lists as goals, in priority order: (1) developing a test to determine whether an individual has been bitten by a tick that has Lyme disease and a test for determining whether a patient has been cured; (2) reviewing the U.S. system for Lyme disease surveillance and reporting; (3) determining the average number of doctor visits before the disease is diagnosed; and (4) significantly increasing the number of physicians who have appropriate knowledge regarding the disease. (Sec. 4) Establishes the Lyme Disease Task Force to provide advice to the Secretaries on achieving the goals. (Sec. 5) Requires the submission of annual reports by the Secretaries to the Congress until the goals are met. (Sec. 7) Authorizes appropriations. (Sec. 8) Expresses the sense of the Congress that the Food and Drug Administration should: (1) conduct a rapid and thorough review of new drug applications for drugs to immunize individuals against Lyme disease; and (2) ensure that the labeling approved for such drugs specifically indicates the particular strains of Lyme disease for which the drugs provide immunization, the duration of the period of immunization, and the drugs' reliability rate.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Workplace Act of 1998''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) 74 percent of adults who use illegal drugs are employed; (2) small business concerns employ over 50 percent of the Nation's workforce; (3) in more than 88 percent of families with children under the age of 18, at least 1 parent is employed; and (4) employees who use and abuse addictive substances increase costs for businesses and risk the health and safety of all employees because-- (A) absenteeism is 66 percent higher among drug users than individuals who do not use drugs; (B) health benefit utilization is 300 percent higher among drug users than individuals who do not use drugs; (C) 47 percent of workplace accidents are drug- related; (D) disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and (E) employee turnover is significantly higher among drug users than among individuals who do not use drugs. (b) Purposes.--The purposes of this Act are to-- (1) educate small business concerns about the advantages of a drug-free workplace; (2) provide financial incentives and technical assistance to enable small business concerns to create a drug-free workplace; and (3) assist working parents in keeping their children drug- free. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) businesses should adopt drug-free workplace programs; (2) States should consider incentives to encourage businesses to adopt drug-free workplace programs; (3) such incentives may include-- (A) financial incentives, including-- (i) a reduction in workers' compensation premiums; (ii) a reduction in unemployment insurance premiums; and (iii) tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or drug testing; and (B) other incentives, such as the adoption of liability limitations, as recommended by the President's Commission on Model State Drug Laws. SEC. 4. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 32 as section 33; and (2) by inserting after section 31 the following: ``SEC. 32. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. ``(a) Definitions.--In this section: ``(1) Drug-free workplace program.--The term `drug-free workplace program' means a program that includes-- ``(A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against substances in the workplace, and the consequences of violating those expectations and prohibitions; ``(B) alcohol and drug abuse prevention training for a total of not less than 2 hours for each employee, and additional alcohol and drug abuse prevention training for employees who are parents; ``(C) employee drug testing conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, approved by the Department of Health and Human Services under the Clinical Laboratories Improvement Act of 1967 (42 U.S.C. 263a), or approved by the College of American Pathologists, and a review of each positive test result by a licensed medical review officer; ``(D) employee access to an employee assistance program, including assessment, referral, and short-term problem resolution; and ``(E) continuing alcohol and drug abuse prevention assistance. ``(2) Eligible intermediary.--The term `eligible intermediary' means an organization-- ``(A) that is described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 5(a) of such Code, or a program of any such organization; or ``(B) that provides services to any organization described in subparagraph (A); ``(C) that has not less than 2 years of experience in carrying out drug-free workplace programs or in providing assistance and services to small business concerns; ``(D) that has a drug-free workplace policy in effect; ``(E) that is located in a State, the District of Columbia, or a territory of the United States; and ``(F) the purpose of which is-- ``(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or ``(ii) to provide other forms of assistance and services to small business concerns. ``(3) Employee.--The term `employee' includes any-- ``(A) supervisor; ``(B) manager; ``(C) officer of a small business concern who is active in management of the concern; and ``(D) owner of a small business concern who is active in management of the concern. ``(b) Establishment.--There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. ``(c) Evaluation and Coordination.--Not later than 1 year after the date of enactment of the Drug-Free Workplace Act of 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall-- ``(1) evaluate the drug-free workplace programs established with assistance made available under this section; and ``(2) submit to Congress a report describing the results of the evaluation under paragraph (1). ``(d) Contract Authority.--In carrying out this section, the Administrator may-- ``(1) contract with public and private entities to provide assistance related to carrying out the program under this section; and ``(2) compensate those entities for provision of that assistance. ``(e) Construction.--Nothing in this section may be construed to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary. ``(f) Authorization.--There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 1999. Amounts made available under this subsection shall remain available until expended.''. SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (1) in subparagraph (R), by striking ``and'' at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(T) providing information and assistance to small business concerns with respect to establishing drug-free workplace programs (as defined in section 32(a)).''.
Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt such programs, such as reductions in workers' compensation or unemployment insurance premiums, tax deductions, or liability limitations. Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Administrator of the Small Business Administration (SBA) may make grants to, and contracts or cooperative agreements with, eligible intermediaries to provide financial assistance to small businesses seeking to establish such a program. Sets forth intermediary eligibility requirements. Requires such a program to include: (1) a written policy, including prohibitions against substances in the workplace and violation consequences; (2) alcohol and drug abuse prevention training for employees; (3) employee drug testing; (4) employee access to an assistance program; and (5) continuing alcohol and drug abuse prevention assistance. Authorizes appropriations. Requires small business development centers to provide information and assistance to small businesses in developing drug-free workplace programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Accountability Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) There have been allegations of mismanagement, fraud, and corruption in the United Nations Oil-for-Food program. (2) The United Nations Office of Internal Oversight Services (OIOS) conducted audits of the United Nations Oil-for- Food program. (3) These OIOS audits identified mismanagement and ``uneconomical'' arrangements in the contract entered into by the United Nations for the provision of independent Oil-for- Food inspection agents in Iraq, and observed that the contractor providing inspection services in Iraq on behalf of the United Nations ``had not fully performed its contractual duties''. (4) The ``overall conclusion'' of the OIOS audit was that ``management of the Contract'' had ``not been adequate and certain provisions of the contract had not been adhered to''. (5) Specifically, the OIOS audit concluded the contractor failed to maintain inspection agents at staffing levels required by the contract, overcharged the United Nations, engaged in ``unprofessional conduct'', and reported figures for goods as having arrived that were vastly different than the figures reported by the United Nations. (6) The OIOS concluded that the United Nations Office of Iraq Programs needed ``to strengthen its management of contracts'', had failed to designate anyone in Iraq to manage the contract, and that in the ``absence of a contract manager'', the United Nations Office of Iraq Programs had ``no assurance that the services provided were in consonance with the spirit and letter of the contract''. (7) It has been and continues to be the policy and practice of the United Nations not to release OIOS audit reports to member states. (8) The United Nations has denied the United States access to OIOS audits of the Oil-for-Food Program both during and after the life of the program, despite repeated requests by the United States for access to such audits. (9) The ability of member states to fulfill their responsibilities in connection with United Nations programs is undermined by the nondisclosure policy of the United Nations barring full and timely access by member states to OIOS audit reports. SEC. 3. ACCOUNTABILITY AND TRANSPARENCY MEASURES FOR THE UNITED NATIONS. (a) Access by Member States to OIOS Audits.--Congress urges the President to instruct the Permanent Mission of the United States to the United Nations to use the voice and vote of the United States to seek to ensure the United Nations has procedures in place to ensure that all reports prepared by the OIOS are made available, in a timely fashion, fully and without modification (except to the extent necessary to protect the privacy rights of individuals) to member states of the United Nations. (b) Report on Financial Disclosure Requirements of United Nations Officials.--Not later than 180 days after the date of the enactment of this Act, the Department of State shall submit to the appropriate congressional committees a report assessing the adequacy of financial disclosure rules and practices for United Nations officials together with recommendations for any needed reforms identified in the course of the assessment. SEC. 4. DEFINITIONS. In this Act: (1) Oil-for-food program.--The term ``oil-for-food program'' means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. (2) Office of internal oversight services.--The term ``Office of Internal Oversight Services'' means the United Nations office established by General Assembly resolution 48/ 218 B (July 29, 1994), and charged with assisting in the internal oversight responsibilities of the Secretary General by monitoring program implementation and by conducting management audits, reviews, and surveys. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives, the Committee on Government Reform of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Governmental Affairs of the Senate.
United Nations Accountability Act of 2004 - States that Congress urges the President to instruct the Permanent Mission of the United States to the United Nations (UN) to seek to ensure that all UN Office of Internal Oversight Services are made available to member nations. Directs the Secretary of State to report on UN officials' financial disclosure requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Empowerment Act''. SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--Educational Empowerment Zones ``Sec. 1400E. Designation of educational empowerment zones. ``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. ``(a) Designation.-- ``(1) Educational empowerment zone.--For purposes of this title, the term `educational empowerment zone' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as an educational empowerment zone (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Health and Human Services and the Secretary of Education (hereinafter in this section referred to as the `Secretaries concerned') jointly designate as an educational empowerment zone. ``(2) Number of designations.--The Secretaries concerned may designate not more than 30 nominated areas as educational empowerment zones. ``(3) Areas designated based on degree of poverty, etc.-- Except as otherwise provided in this section, the nominated areas designated as educational empowerment zones under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretaries concerned shall prescribe by regulation no later than 4 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A). ``(ii) the parameters relating to the size and population characteristics of an educational empowerment zone, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Time limitations.--The Secretaries concerned may designate nominated areas as educational empowerment zones only during the 24-month period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretaries concerned shall not make any designation of a nominated area as an educational empowerment zone under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretaries concerned shall by regulation prescribe, and ``(ii) the Secretaries concerned determine that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation is in Effect.--Any designation of an area as an educational empowerment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(1) December 31, 2007, ``(2) the termination date designated by the State and local governments in their nomination, or ``(3) the date the Secretaries concerned revoke such designation. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as an educational empowerment zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify that the nominated area satisfies such conditions as the Secretary of Education deems appropriate. ``(4) Consideration of dropout rate, etc.--The Secretary of Education, in setting forth the conditions for eligibility pursuant to paragraph (3), shall take into account the extent to which an area has low-income families, a high dropout rate, a high rate of teen pregnancy, and large school class size. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as an educational empowerment zone, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (2), (3), (5), and (7) of section 1393 shall apply.''. (b) Clerical Amendment.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. Educational Empowerment Zones.''. SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section ``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified educational empowerment zone contributions made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a)-- ``(1) in the case of an individual, shall not exceed $2,000, and ``(2) in the case of any other taxpayer, shall not exceed $10,000. ``(c) Definition of Qualified Educational Empowerment Zone Contributions.--For purposes of this section, the term `qualified educational empowerment zone contributions' means cash contributions made to any school district located in an educational empowerment zone (as designated under section 1400E) if such contributions-- ``(1) but for subsection (d), would be allowable as a deduction under section 170, and ``(2) are used for any of the following purposes by the school district: ``(A) Hiring new teachers. ``(B) Increasing teacher salaries. ``(C) Training teachers. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution taken into account in computing the credit under this section. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(f) Application With Other Credits; Carryover of Excess Credit.-- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to school districts in educational empowerment zones.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ``(a) Purpose.--It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under Part D) for any new borrower after October 12, 1998, who-- ``(A) has been employed as a full-time teacher for 3 consecutive complete school years in a school that is located in an educational empowerment zone, as such term is defined in section 1400E of the Internal Revenue Code of 1986; ``(B) is a fully qualified teacher; and ``C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- ``(A) 80 percent of the sum of the principal amounts outstanding of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); ``(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ``(C) a total of more than $10,000. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Double benefits prohibited.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ``(3) Fully qualified teachers.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- ``(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ``(B) if teaching in-- ``(i) an elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous State or local academic subject areas test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ``(2) Competitive basis.--The grant or contract described in subsection (b) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ``(B) determine the number of individuals who remain employed in teaching mathematics, science, or related fields as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program; and ``(E) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2006''.
Educational Empowerment Act - Amends the Internal Revenue Code to allow a tax credit for qualified educational empowerment zone contributions. Allows the designation of up to 30 such zones. Bases designations on the degree of poverty.Establishes a teacher loan forgiveness program for mathematics and science teachers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Expansion Incentive Act of 2017''. SEC. 2. REDISTRIBUTION OF FEDERAL MEDICAID FUNDS TO STATES ELECTING TO MEET ACA MEDICAID EXPANSION REQUIREMENTS FROM STATES NOT SO ELECTING. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Bonus for States Electing To Meet ACA Medicaid Expansion Requirements From Funds Made Available by Other States Not Electing To Meet Those Requirements.-- ``(1) In general.--In the case of a participating State for a fiscal year as determined under paragraph (2), in accordance with regulations of the Secretary, the State shall be entitled to an increase in payments under its State plan under this title in an amount determined under paragraph (3) of the Secretary's estimate of the net reduction in Federal expenditures for nonparticipating States (including the amount of the additional Federal financial participation under this title that otherwise would have been paid to such States if they were participating States) during the fiscal year as a result of such States not applying the ACA Medicaid expansion requirements. ``(2) Notice regarding participation.-- ``(A) In general.--Before the beginning of each fiscal year (beginning with fiscal year 2018) each of the 50 States and the District of Columbia is requested to inform the Secretary, in a form and manner specified by the Secretary and accompanied by such assurances regarding State plan amendments as the Secretary may specify, if the State will be applying its State plan under this title for such fiscal year in accordance with the requirements specified in the amendments made by paragraphs (1) and (2) of section 2001(a) of the Patient Protection and Affordable Care Act (in this subsection referred to as the `ACA Medicaid expansion requirements'), which include requirements described in-- ``(i) section 1902(a)(10)(A)(I)(VIII); and ``(ii) section 1902(k). The Secretary shall not accept information submitted under this subparagraph for a fiscal year after the beginning of the fiscal year involved. ``(B) Determination of participating and nonparticipating states.--Taking into account the information submitted under subparagraph (A) for a fiscal year, the Secretary shall determine for the fiscal year which of the 50 States and the District of Columbia will be applying the ACA Medicaid expansion requirements for the fiscal year and which will not. For purposes of this subsection-- ``(i) each State or District determined to be applying such requirements for a fiscal year is referred to as a `participating State' for such fiscal year; and ``(ii) each State or District determined not to be applying such requirements for a fiscal year is referred to as a `nonparticipating State' for such fiscal year. ``(3) Amount of increase.--The Secretary shall compute the increase in payments under this subsection for a participating State for a fiscal year, to the extent of available funds, in accordance with a formula specified by the Secretary. Within the amount of available funds, such formula may take into account elements such as-- ``(A) increasing to 100 percent the FMAP for newly eligible mandatory individuals; ``(B) increasing the matching percentage for administrative costs attributable to application of ACA Medicaid expansion requirements; and ``(C) an increase in DSH allotments. ``(4) Publication of information on estimated impact of nonparticipation.--The Secretary shall publish for each nonparticipating State for each fiscal year-- ``(A) the amount of the additional Federal funds under this title for the fiscal year that the Secretary estimates the State has forgone as a result of its not being a participating State for such fiscal year; and ``(B) the number of additional beneficiaries that would have been covered under the State plan under this title in the fiscal year if the State had been a participating State for the fiscal year.''.
Medicaid Expansion Incentive Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to provide additional federal Medicaid funding to states participating in Medicaid expansion under the Patient Protection and Affordable Care Act. The amount of additional funding shall be based upon the net reduction in federal funding for nonparticipating states. The Centers for Medicare & Medicaid Services must publish annually, with respect to each nonparticipating state: (1) the amount of federal funding forgone by the state as a result of its nonparticipation, and (2) the number of individuals who would have gained coverage had the state participated.
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