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SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Development Act.'' SEC. 2. FINDINGS. Congress makes the following findings: (1) The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, education, and access to clean water. (2) Several of the greatest development success stories in the last 50 years demonstrate how private sector investment and economic growth are fundamental to lifting populations out of poverty. (3) There has been a dramatic shift in the composition of capital flows to the developing world. Whereas forty years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today 87 percent of capital flowing to the developing world comes from the private sector. (4) Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. (5) With 12 departments, 26 agencies, and more than 60 Federal Government offices all involved in the delivery of United States foreign assistance, it is extremely difficult for United States businesses to navigate the bureaucracy in search of opportunities to partner with such United States agencies. (6) Although many United States development agencies have taken steps to improve their private sector coordination capabilities in recent years, these agency-specific strategies remain opaque and must be integrated into a coherent interagency coordination structure to engage the private sector. (7) President Barack Obama's 2010 Policy Directive on Global Development created an Interagency Policy Committee (IPC) for Global Development. However, the IPC has not yet established a streamlined, interagency mechanism for coordination with the private sector. (8) In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the private sector should be consulted during development planning and programming processes. (9) Whether it is in the context of country, sector, or global development strategy, decisions on program prioritization and resource allocations would benefit greatly from private sector perspectives and market data. (10) By consulting with the private sector from the outset, development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. (11) The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints to growth as part of their planning processes, but these analyses need to be included in all agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) United states development agencies.--The term ``United States development agencies'' means the Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Trade and Development Agency, the Inter-American Foundation, and the African Development Foundation. (3) Private sector.--The term ``private sector'' means for- profit United States businesses. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. PURPOSE. The purpose of this Act is to maximize the impact of United States development programs by-- (1) enhancing coordination between United States development agencies and their programs and the private sector and its investment activities; (2) integrating the private sector into United States development agencies planning and programming processes; (3) institutionalizing analyses of constraints to growth and investment throughout United States development agencies planning and programming processes; and (4) ensuring United States development agencies are accountable for progress toward improving coordination of United States development programs and private sector investment activities. SEC. 5. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES. (a) In General.--The President, in consultation with the Secretary, the Administrator, the Chief Executive Officer of the Millennium Challenge Corporation, and the heads of other United States development agencies, shall establish an interagency mechanism to improve coordination of United States development programs with private sector investment activities. (b) Duties.--The mechanism established under subsection (a) shall-- (1) streamline and integrate the various private sector liaison functions of United States development agencies; (2) facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with United States development agencies. SEC. 6. INTEGRATING PRIVATE SECTOR CONSULTATION IN COUNTRY, SECTOR, AND GLOBAL DEVELOPMENT STRATEGIES. The Secretary and the Administrator shall direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. SEC. 7. ANALYSIS OF CONSTRAINTS TO GROWTH AND INVESTMENT IN FOREIGN COUNTRIES AND SECTORS. (a) In General.--The Secretary and the Administrator shall ensure that independent constraints to growth and investment analyses are conducted as a component of all appropriate country, sector, and global development strategies. (b) Matters To Be Included.--The analysis required under subsection (a) shall include, at a minimum, an identification and analysis of-- (1) constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and (2) particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. (c) Conduct.--The analysis required under subsection (a) shall be conducted by teams composed of representatives of United States development agencies, international organizations, the private sector, including representatives from commercial sectors of recipient countries, and other stakeholders. (d) Results.--The results of the analysis required under subsection (a) shall be incorporated into development strategies of United States development agencies and shall be used to inform and guide resource allocations. SEC. 8. REPORT. Not later than one year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.
Economic Growth and Development Act - Directs the President to establish an interagency mechanism to improve coordination of U.S. development programs with private sector investment activities. Directs the President and Administrator of the U.S. Agency for International Development (USAID) to: (1) direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies; and (2) ensure that independent analyses of constraints to growth are conducted as a component of all appropriate country, sector, and global development strategies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Family Priority Act''. SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocation for Spouses and Children of Permanent Resident Aliens.--Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c).''. SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS. Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(A) 88,000; minus ``(B) the number computed under paragraph (2).''; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). SEC. 4. CONFORMING AMENDMENTS. (a) Numerical Limitation to Any Single Foreign State.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(4)-- (A) by amending subparagraphs (A) and (B) to read as follows: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e).''; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking ``respectively,'' and all that follows through the period at the end and inserting ``respectively.''. (b) Rules for Determining Whether Certain Aliens Are Children.-- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''. (c) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (B) in subparagraph (B), by striking ``203(a)(2)(A)'' and ``203(a)(2)'' each place such terms appear and inserting ``203(a)''; and (C) in subparagraph (D)(i)(I), by striking ``a petitioner for preference status under paragraph (1), (2), or (3)'' and all that follows through the period at the end and inserting ``an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (2) in subsection (f)(1), by striking ``201(b), 203(a)(1), or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and (3) by striking subsection (k). (d) Waivers of Inadmissibility.--Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking ``(other than paragraph (4) thereof)''. (e) Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. (f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. SEC. 5. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES CITIZENS. (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``or''; and (3) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (b) Conditions on Admission.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. ``(3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien's presence in the United States.''. SEC. 6. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).
Nuclear Family Priority Act - Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act''. SEC. 2. BISTI/DE-NA-ZIN WILDERNESS. (a) Wilderness Designation.--Section 102 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3155) is amended-- (1) in subsection (a)-- (A) by striking ``wilderness, and, therefore,'' and all that follows through ``System--'' and inserting ``wilderness areas, and as one component of the National Wilderness Preservation System, to be known as the `Bisti/De-Na-Zin Wilderness'--''; (B) in paragraph (1), by striking ``, and which shall be known as the Bisti Wilderness; and'' and inserting a semicolon; (C) in paragraph (2), by striking ``, and which shall be known as the De-Na-zin Wilderness.'' and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(3) certain lands in the Farmington District of the Bureau of Land Management, New Mexico, which comprise approximately 16,674 acres, as generally depicted on a map entitled `Bisti/De-Na-Zin Wilderness Amendment Proposal', dated May 1992.''; (2) in the first sentence of subsection (c), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and as soon as practicable after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; (3) in subsection (d), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and where established prior to the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; and (4) by adding at the end the following new subsection: ``(e)(1) Subject to valid existing rights, the lands described in subsection (a)(3) are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. ``(2) The Secretary of the Interior may issue coal leases in New Mexico in exchange for any preference right coal lease application within the area described in subsection (a)(3). Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. ``(3) Operations on oil and gas leases issued prior to the date of enactment of subsection (a)(3) shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5-1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the ecological, educational, scientific, recreational, scenic, and other wilderness values of the lands described in subsection (a)(3) in existence on the date of enactment of subsection (a)(3).''. (b) Exchanges for State Lands.--Section 104 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended-- (1) in the first sentence of subsection (b), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and not later than 120 days after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; (2) in subsection (c), by inserting before the period the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and as of the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; and (3) in the last sentence of subsection (d), by inserting before the period the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and not later than 2 years after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''. (c) Exchanges for Indian Lands.--Section 105 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3157) is amended by adding at the end the following new subsection: ``(d)(1) The Secretary of the Interior shall exchange any lands held in trust for the Navajo Tribe by the Bureau of Indian Affairs that are within the boundary of the area described in subsection (a)(3). ``(2) The lands shall be exchanged for lands within New Mexico approximately equal in value that are selected by the Navajo Tribe. ``(3) After the exchange, the lands selected by the Navajo Tribe shall be held in trust by the Secretary of the Interior in the same manner as the lands described in paragraph (1).''. SEC. 3. FOSSIL FOREST RESEARCH NATURAL AREA. Section 103 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended to read as follows: ``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA. ``(a) Establishment.--To conserve and protect natural values and to provide scientific knowledge, education, and interpretation for the benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section as the `Area'), consisting of the approximately 2,770 acres in the Farmington District of the Bureau of Land Management, New Mexico, as generally depicted on a map entitled `Fossil Forest', dated June 1983. ``(b) Map and Legal Description.-- ``(1) In general.--As soon as practicable after the date of enactment of this paragraph, the Secretary of the Interior shall file a map and legal description of the Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. ``(2) Force and effect.--The map and legal description described in paragraph (1) shall have the same force and effect as if included in this Act. ``(3) Technical corrections.--The Secretary of the Interior may correct clerical, typographical, and cartographical errors in the map and legal description subsequent to filing the map pursuant to paragraph (1). ``(4) Public inspection.--The map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior. ``(c) Management.-- ``(1) In general.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Area-- ``(A) to protect the resources within the Area; and ``(B) in accordance with-- ``(i) this Act; ``(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and ``(iii) other applicable provisions of law. ``(2) Mining.-- ``(A) Withdrawal.--Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. ``(B) Coal preference rights.--The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. ``(C) Oil and gas leases.--Operations on oil and gas leases issued prior to the date of enactment of this paragraph shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5-1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the natural, educational, and scientific research values of the Area in existence on the date of enactment of this paragraph. ``(3) Grazing.--Livestock grazing on lands within the Area may not be permitted. ``(d) Inventory.--Not later than 3 full fiscal years after the date of enactment of this subsection, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall develop a baseline inventory of all categories of fossil resources within the Area. After the inventory is developed, the Secretary shall conduct monitoring surveys at intervals specified in the management plan developed for the Area in accordance with subsection (e). ``(e) Management Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a management plan that describes the appropriate uses of the Area consistent with this Act. ``(2) Contents.--The management plan shall include-- ``(A) a plan for the implementation of a continuing cooperative program with other agencies and groups for-- ``(i) laboratory and field interpretation; and ``(ii) public education about the resources and values of the Area (including vertebrate fossils); ``(B) provisions for vehicle management that are consistent with the purpose of the Area and that provide for the use of vehicles to the minimum extent necessary to accomplish an individual scientific project; ``(C) procedures for the excavation and collection of fossil remains, including botanical fossils, and the use of motorized and mechanical equipment to the minimum extent necessary to accomplish an individual scientific project; and ``(D) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.''.
Bisti-De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act - Amends the San Juan Wilderness Protection Act of 1984 to incorporate additional lands in New Mexico into the Bisti/De-Na-Zin Wilderness. Withdraws such lands from all forms of appropriation under the mining laws and from disposition under laws pertaining to mineral and geothermal leasing and mineral material sales. Authorizes the Secretary of the Interior to issue coal leases in New Mexico in exchange for any preference right coal lease application on such lands after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. Provides for the exchange of State and Navajo Indian lands located in the wilderness for other lands. Establishes the Fossil Forest Research Natural Area within New Mexico. Makes such area subject to the same withdrawal requirements and coal preference rights as the wilderness area designated under this Act. Prohibits livestock grazing in the Area. Directs the Secretary, acting through the Director of the Bureau of Land Management, to develop a baseline inventory of all categories of fossil resources within the Area and to conduct monitoring surveys. Requires the Secretary to submit a management plan for the Area to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs to include: (1) a plan for the implementation of a cooperative program with other agencies for laboratory and field interpretation and public education; (2) provisions for vehicle management; (3) procedures for the excavation and collection of fossil remains; and (4) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Partnerships to Transform Opportunities Act''. SEC. 2. PURPOSE. It is the purpose of this Act to provide resources to eligible institutions to prepare individuals with multiple barriers to employment, including underrepresented minorities, to enter the workforce by providing support services, job training, and education. SEC. 3. PROGRAMS FOR INDIVIDUALS WITH MULTIPLE BARRIERS TO EMPLOYMENT. Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 166 (29 U.S.C. 2911) the following new section: ``SEC. 166A. PROGRAMS FOR INDIVIDUALS WITH MULTIPLE BARRIERS TO EMPLOYMENT. ``(a) Purpose.--The purpose of this section is to support employment and training activities for individuals with multiple barriers to employment in order-- ``(1) to develop more fully the academic, occupational, and literacy skills of such individuals; ``(2) to make such individuals more competitive in the workforce; and ``(3) to promote the economic and social development of the communities, including minority communities, of those individuals in accordance with the goals and values of the communities described in this paragraph. ``(b) Definitions.--As used in this section: ``(1) Eligible institution.--The term `eligible institution' means-- ``(A) a historically Black college or university; ``(B) a Hispanic-serving Institution; ``(C) a Tribal College or University; or ``(D) a Predominantly Black Institution. ``(2) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(3) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(4) Nonprofit organization.--The term `nonprofit organization' means a nonprofit organization that focuses on preparing individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education. ``(5) Predominantly black institution.--The term `Predominantly Black Institution' has the meaning given the term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e). ``(6) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c). ``(c) Program Authorized.--The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, eligible institutions to carry out the authorized activities described in subsection (d). Such an eligible institution may carry out the activities directly, or through a partnership with a nonprofit organization. ``(d) Authorized Activities.--An eligible institution receiving a grant, contract, or agreement under subsection (c) shall use such funds to serve individuals with multiple barriers to employment by carrying out one or more of the following activities: ``(1) Education services, including postsecondary education, English as a second language courses, General Educational Development preparation, financial literacy workshops, access to information technology workshops and courses, Generational Diversity Awareness programs, and health and wellness programs. ``(2) Activities that increase access to workforce services, including on-the-job training, internships, skills training, job placement, financial literacy training, and personal development. ``(3) Additional support services, including health and nutrition services, housing assistance, transportation, child care, and clothing. ``(e) Program Plan.--In order to receive a grant or enter into a contract or cooperative agreement under subsection (c), an eligible institution shall submit to the Secretary a program plan that describes a strategy for meeting the needs of individuals with multiple barriers to employment in the area served by such organization. Such plan shall-- ``(1) be consistent with the purpose of this section; ``(2) identify the population to be served; ``(3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment; ``(4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and ``(5) describe, after the eligible institution consults with the Secretary, the performance measures to be used to assess the performance of the eligible institution, and any nonprofit organization that carries out authorized activities assisted under this section, in carrying out the activities. ``(f) Priority.--In making grants or entering into contracts or cooperative agreements under subsection (c), the Secretary shall give priority to an eligible institution that-- ``(1) proposes to carry out the authorized activities through a partnership described in subsection (c); or ``(2) demonstrates that the institution is unable to carry out the activities through such a partnership because the institution is not within a reasonable distance (as determined by the Secretary) of a nonprofit organization. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2015 through 2019.''.
Promoting Partnerships to Transform Opportunities Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make competitive grants to, or enter into contracts or cooperative agreements with, eligible institutions, preferably in partnership with a nonprofit organization, to provide support services, job training, and education to individuals with multiple barriers to employment, including underrepresented minorities, to help prepare them to enter the workforce. Defines "eligible institution" to mean a historically Black college or university, a Hispanic-serving Institution, a Tribal College or University, or a Predominantly Black Institution. Requires an eligible institution to submit a program plan to the Secretary in order to receive a grant or enter into such a contract or cooperative agreement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Textiles and Apparel China Safeguard Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since January 1, 2001, the United States textiles and apparel industries have lost 345,000 jobs. (2) Under the terms of the Agreement on Textiles and Clothing of the World Trade Organization, on January 1, 2005, the United States will be required to eliminate all quotas on textiles and apparel products maintained against other World Trade Organization members, including the People's Republic of China. (3) Job losses are expected to continue, and to accelerate after the elimination of United States quotas, with at least one study estimating that an additional 630,000 United States jobs in the textiles and apparel sector will be lost by the end of 2006. (4) Many analysts believe that the People's Republic of China's dominance of the United States textiles and apparel market will grow after the elimination of quotas, with some studies indicating that imports from the People's Republic of China will account for more than two-thirds of total United States consumption by 2006. (5) President Clinton negotiated the right to use a special textiles and apparel safeguard as an integral part of the agreement allowing the People's Republic of China to join the World Trade Organization. The safeguard allows the United States to impose quotas on exports to the United States of textiles and apparel products of the People's Republic of China if such exports result in or threaten disruption of the United States market. (6) The current Administration delayed in applying the special textiles and apparel safeguard by failing to implement it for 17 months after the accession to the World Trade Organization of the People's Republic of China. During this delay, exports to the United States of textiles and apparel products of the People's Republic of China increased substantially, while significant numbers of United States textiles and apparel workers lost their jobs. (7) When the executive branch finally issued procedures to implement the safeguard on May 21, 2003, those procedures severely restricted the ability of the United States textiles and apparel industries and their workers to employ the safeguard in ways not required by the Accession Agreement of the People's Republic of China to the World Trade Organization. (8) To date, the executive branch has refused to self- initiate a case under the special textiles and apparel safeguard, notwithstanding the significant increase in exports to the United States of textiles and apparel products of the People's Republic of China and concurrent job losses in the United States in the textiles and apparel industries. (9) Large bipartisan groups of Members of the House of Representatives and Senate urged the President to support a special session of the World Trade Organization to discuss the impact that expiration of textiles and apparel quotas will have on trade and employment in this sector throughout the world. (10) Despite studies showing major employment loss in the United States and disruptions in trade throughout the world, the President did not support such a special session at the World Trade Organization and has not created a comprehensive plan to address the expiration of the quota regime. (11) As part of the Doha Round negotiations of the World Trade Organization, the President has proposed to eliminate textiles and apparel tariffs. SEC. 3. MODIFICATION OF REGULATIONS. The President shall, upon the enactment of this Act, modify the procedures for considering requests from the public for safeguard actions on imports of textiles and apparel products of the People's Republic of China, as published in the Federal Register on May 21, 2003, so that import relief will be provided, in accordance with the Accession Agreement of the People's Republic of China to the World Trade Organization, if a claim is supported by data showing that imports of textiles or apparel products of Chinese origin are, due either to market disruption, or to the threat of market disruption, threatening to impede the orderly development of trade in such products, including products not produced in the United States if such products include components of United States origin. SEC. 4. COMPREHENSIVE AGREEMENT ON TEXTILES AND APPAREL PRODUCTS. The President shall, upon the enactment of this Act, initiate consultations with the People's Republic of China for the purpose of reaching an agreement with that country on the application of quantitative limitations on imports into the United States of all textiles and apparel products that-- (1) are products of the People's Republic of China; (2) as of September 1, 2004, are subject to quotas under the Agreement on Textiles and Clothing of the World Trade Organization; and (3) meet the requirements for applying safeguards on such imports, as modified under section 3. SEC. 5. IMPOSITION OF QUANTITATIVE LIMITATIONS. If, within 90 days after consultations under section 4 are initiated, an agreement described in section 4 is not reached, the President shall impose the quantitative limitations provided for in the Accession Agreement referred to in section 3 on imports of all textiles and apparel products that were the subject of the consultations.
Textiles and Apparel China Safeguard Act - Requires the President to modify the procedures for considering requests from the public for safeguard actions on imports of textiles and apparel products of the People's Republic of China (PRC), as published in the Federal Register on May 21, 2003, so that import relief will be provided, in accordance with the Accession Agreement of the PRC to the World Trade Organization (WTO), if a claim is supported by data showing that imports of textiles or apparel products of Chinese origin are threatening to impede the orderly development of trade in such products, including products not produced in the United States if such products include components of U.S. origin. Requires the President to: (1) initiate consultations with the PRC to reach an agreement on the application of quantitative limitations on U.S. imports of all PRC textiles and apparel products that are subject, as of September 1, 2004, to quotas under the Agreement on Textiles and Clothing of the WTO, and meet the requirements for applying safeguards on such imports; and (3) impose the quantitative limitations on such textiles and apparel products provided for in the Accession Agreement if, after consultations are inititated, an agreement is not reached.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Bank Holding Company Act of 2006''. SEC. 2. INDUSTRIAL BANK HOLDING COMPANY REGULATION. (a) Definitions.-- (1) Industrial bank.--Section 3(a) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)) is amended by adding at the end the following new paragraph: ``(5) Industrial bank.--The term `industrial bank' means any insured State bank that is an industrial bank, industrial loan company, or other institution described in section 2(c)(2)(H) of the Bank Holding Company Act of 1956.''. (2) Industrial bank holding company.--Section 3(w) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)) is amended by adding at the end the following new paragraph: ``(8) Industrial bank holding company.--The term `industrial bank holding company' means any company that-- ``(A) controls (as determined by the Corporation), directly or indirectly, any industrial bank; and ``(B) is not a bank holding company, a savings and loan holding company, or a company that is subject to the Bank Holding Company Act of 1956 pursuant to section 8(a) of the International Banking Act of 1978.''. (3) Technical and conforming amendments to other definitions.-- (A) Appropriate federal banking agency.--Section 3(q)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)(3)) is amended-- (i) by striking ``or a foreign'' and inserting ``, any foreign''; and (ii) by inserting ``, and any industrial bank holding company'' after ``insured branch''. (B) Depository institution holding company.-- Section 3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)) is amended-- (i) by striking ``or a savings'' and inserting ``, any savings''; and (ii) by inserting ``, and any industrial bank holding company'' before the period at the end. (b) Industrial Bank Holding Company Registration and Ownership.-- The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 50. INDUSTRIAL BANK HOLDING COMPANY REGULATION. ``(a) Registration.-- ``(1) In general.--Within 90 days after becoming an industrial bank holding company, each industrial bank holding company shall register with the Corporation on forms prescribed by the Corporation. ``(2) Information to be included.--Each registration submitted under paragraph (1) shall include such information, under oath, with respect to the financial condition, ownership, operations, management, and intercompany relationships of the industrial bank holding company and subsidiaries of such holding company, and other factors (including information described in subsection (b)(1)(C)), as the Corporation may determine to be appropriate to carry out the purposes of this section. ``(3) Extension of time for submitting complete information.--Upon application by an industrial bank holding company and subject to such requirements, factors, and evidence as the Corporation may require, the Corporation may extend the period described in paragraph (1) within which such company shall register and file the requisite information. ``(4) Application to prior holding companies.--In the case of any company that becomes an industrial bank holding company by virtue of the enactment of the Industrial Bank Holding Company Act of 2006, the 90-day period referred to in paragraph (1) shall begin on the date of the enactment of such Act. ``(b) Reports and Examinations .-- ``(1) Reports.-- ``(A) Reports required.--Each industrial bank holding company and each subsidiary of an industrial bank holding company, other than an industrial bank, shall file with the Corporation such reports as may be required by the Corporation. ``(B) Form and manner.--Reports filed under subparagraph (A) shall be made under oath and shall be in such form and for such periods, as the Corporation may prescribe. ``(C) Information.--Each report filed under subparagraph (A) shall contain such information as the Corporation may require concerning-- ``(i) the operations of the industrial bank holding company and its subsidiaries; ``(ii) the financial condition of the industrial bank holding company and such subsidiaries, together with information on systems maintained within the holding company for monitoring and controlling financial and operating risks, and transactions with industrial bank subsidiaries of the holding company; ``(iii) compliance by the industrial bank holding company and its subsidiaries with all applicable Federal and State law; and ``(iv) such other information as the Corporation may require. ``(D) Acceptance of existing reports.--For purposes of this paragraph, the Corporation may accept reports that an industrial bank holding company or any subsidiary of such company has provided or has been required to provide to any other Federal or State supervisor or to any appropriate self-regulatory organization. ``(2) Examinations.-- ``(A) In general.--Each industrial bank holding company and each subsidiary of each such holding company (other than an industrial bank) shall be subject to such examinations by the Corporation as the Corporation may prescribe for purposes of this section. ``(B) Furnishing reports to other agencies.-- Examination and other reports made or received under this section may be furnished by the Corporation to any other Federal agency or any appropriate State bank supervisor. ``(C) Use of reports from other agencies.--The Corporation may use, for the purposes of this subsection, reports of examination made by any other Federal agency or any appropriate State bank supervisor with respect to any industrial bank holding company or subsidiary of any such holding company, to the extent the Corporation may determine such use to be feasible for such purposes. ``(c) Limitation on Control.-- ``(1) In general.--Except as provided in paragraph (3) or (4), no industrial bank may be controlled, directly or indirectly, by a commercial firm. ``(2) Commercial firm defined.--For purposes of this section, the term `commercial firm' means any entity at least 15 percent of the annual gross revenues of which on a consolidated basis, including all affiliates of the entity, were derived from engaging, on an on-going basis, in activities that are not financial in nature or incidental to a financial activity during at least 3 of the prior 4 calendar quarters, as determined by the Corporation in accordance with regulations which the Corporation shall prescribe. ``(3) Pre-2003 exclusions.-- ``(A) Grandfathered institutions.--Paragraph (1) shall not apply with respect to any industrial bank-- ``(i) which became an insured depository institution before October 1, 2003, or pursuant to an application for deposit insurance which was approved by the Corporation before such date; and ``(ii) with respect to which there is no change in control, directly or indirectly, of the bank after September 30, 2003, that requires a registration under this section or an application under section 7(j) or 18(c), section 3 of the Bank Holding Company Act of 1956, or section 10 of the Home Owners' Loan Act. ``(B) Corporate reorganizations permitted.--The acquisition of direct or indirect control of the industrial bank referred to in subparagraph (A)(ii) shall not be treated as a `change in control' for purposes of such subparagraph if the company acquiring control is itself directly or indirectly controlled by a company that was an affiliate of such bank on the date referred to in such paragraph, and remains an affiliate at all times after such date. ``(4) Pre-2006 exclusions.-- ``(A) Grandfathered commercial firms.--Paragraph (1) shall not apply to any commercial firm-- ``(i) which became an industrial bank holding company by virtue of acquiring control of an industrial bank on or after October 1, 2003, and before June 1, 2006; ``(ii) which does not acquire control of any other depository institution after May 31, 2006; ``(iii) with respect to which there is no change in control, directly or indirectly, of any depository institution subsidiary after June 1, 2006, that requires a registration under this section or an application under section 7(j) or 18(c), section 3 of the Bank Holding Company Act of 1956, or section 10 of the Home Owners' Loan Act; and ``(iv) each industrial bank subsidiary of which remains in compliance with the limitations contained in subparagraph (B). ``(B) Activity and branching limitations.--An industrial bank subsidiary of a commercial firm described in clauses (i), (ii) and (iii) of subparagraph (A) is in compliance with the requirements of this subparagraph for purposes of subparagraph (A)(iv) so long as the industrial bank-- ``(i) engages only in activities in which the industrial bank was engaged on May 31, 2006; and ``(ii) does not acquire, establish, or operate any branch, deposit production office, loan production office, automated teller machine, or remote service unit in any State other than the home State of the bank or any host State in which such bank operated branches on May 31, 2006. ``(C) Corporate reorganizations permitted.--The acquisition of direct or indirect control of a depository institution subsidiary referred to in subparagraph (A)(iii) shall not be treated as a `change in control' for purposes of such subparagraph if the company acquiring control is itself directly or indirectly controlled by a company that was an affiliate of such subsidiary on the date referred to in such paragraph, and remains an affiliate at all times after such date. ``(5) Transition provision.--Any divestiture of any industrial bank by an industrial bank holding company that is required by operation of this section shall be completed as quickly as is reasonably possible and not later than the end of the 2-year period beginning on the earliest of, as appropriate-- ``(A) the date on which control of the industrial bank is acquired by a commercial firm; ``(B) the date on which the industrial bank holding company that controls such bank becomes a commercial firm; or ``(C) the date on which an industrial bank subsidiary of the industrial bank holding company ceases to comply with any limitation applicable to such bank under paragraph (4)(B). ``(d) Administrative Provisions.-- ``(1) Agent for service of process.--The Corporation may require any industrial bank holding company, or persons connected with such holding company if it is not a corporation, to execute and file a prescribed form of irrevocable appointment of agent for service of process. ``(2) Release from registration.--The Corporation may at any time, upon the Corporation's own motion or upon application, release a registered industrial bank holding company from any registration previously made by such company, if the Corporation determines that such company no longer controls any industrial bank.''. (c) Enforcement.--Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended by adding at the end the following new paragraph: ``(11) Industrial bank holding companies.--This subsection and subsections (c) through (s) and subsection (u) of this section shall apply to any industrial bank holding company, and to any subsidiary (other than an industrial bank) of an industrial bank holding company in the same manner as such subsections apply to State nonmember banks.''. (d) Technical and Conforming Amendment.--Section 10(e)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(2)) is amended by inserting ``or section 50(b)(2)'' after ``subsection (b)(4)''.
Industrial Bank Holding Company Act of 2006 - Requires an industrial bank holding company to register and file certain reports with the Federal Deposit Insurance Corporation (FDIC) within ninety days after becoming an industrial bank holding company Prohibits such holding company from being controlled by a commercial firm. Grandfathers certain institutions to exempt them from the requirements of this Act.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Universal National Service Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATIONAL SERVICE Sec. 101. Definitions. Sec. 102. National service obligation. Sec. 103. Induction to perform national service. Sec. 104. Two-year period of national service. Sec. 105. Implementation by the President. Sec. 106. Examination and classification of persons. Sec. 107. Deferments and postponements. Sec. 108. Induction exemptions. Sec. 109. Conscientious objection. Sec. 110. Discharge following national service. TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT Sec. 201. Registration of females. Sec. 202. Registration and induction authority. TITLE I--NATIONAL SERVICE SEC. 101. DEFINITIONS. In this title: (1) The terms ``community-based agency'' and ``community- based entity'' have the meanings given those terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (2) The term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (3) The term ``military service'' means service performed as a member of an active or reserve component of the uniformed services. (4) The term ``national service'' means-- (A) military service; or (B) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (5) The term ``Secretary concerned'' means-- (A) the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps; (B) the Secretary of Homeland Security with respect to the Coast Guard; (C) the Secretary of Commerce with respect to the National Oceanic and Atmospheric Administration; and (D) the Secretary of Health and Human Services with respect to the Public Health Service. (6) The term ``United States'', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. (7) The term ``uniformed services'' means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service. SEC. 102. NATIONAL SERVICE OBLIGATION. (a) Obligation for Service.--It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 25 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title. (b) Forms of National Service.--The national service obligation under this title shall be performed either through-- (1) military service; or (2) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (c) Age Limits.--A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 25. SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE. (a) Induction Requirements.--The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation. (b) Limitation on Induction for Military Service.--Persons described in section 102(a) may be inducted to perform military service only if-- (1) a declaration of war is in effect; (2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or (3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force. (c) Limitation on Number of Persons Inducted for Military Service.--When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on-- (1) the authorized end strengths of the uniformed services; and (2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels. (d) Selection for Induction.-- (1) Random selection for military service.--When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service. (2) Random selection for civilian service.--Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2). (e) Voluntary Service.--A person subject to induction under this title may-- (1) volunteer to perform national service in lieu of being inducted; or (2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction. SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE. (a) General Rule.--Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years. (b) Grounds for Extension.--At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended-- (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or (2) for the purpose of requiring the member to compensate for any time lost to training for any cause. (c) Early Termination.--The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances: (1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment. (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy. (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program. (4) Such other grounds as the President may establish. SEC. 105. IMPLEMENTATION BY THE PRESIDENT. (a) In General.--The President shall prescribe such regulations as are necessary to carry out this title. (b) Matter To Be Covered by Regulations.--Such regulations shall include specification of the following: (1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title. (2) The types of Federal, State, and local government programs and programs carried out by a community-based agency or community-based entity that may be used for the performance of national service. (3) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily. (4) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection. (5) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons. (6) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection. (7) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service. (8) Such other matters as the President determines necessary to carry out this title. (c) Use of Prior Act.--To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction. SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS. (a) Examination.--Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service. (b) Different Classification Standards.--The President may apply different classification standards for fitness for military service and fitness for civilian service. SEC. 107. DEFERMENTS AND POSTPONEMENTS. (a) High School Students.--A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person-- (1) obtains a high school diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 20. (b) Post Secondary Students.--A person who is pursuing a standard course of study, on a full-time basis, in a university, technical school or similar institution of learning shall be entitled to have induction under this title postponed until the person-- (1) obtains a certificate or diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 24. (c) Hardship and Disability.--Deferments from national service under this title may be made for-- (1) extreme hardship; or (2) physical or mental disability. (d) Training Capacity.--The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained. (e) Termination.--No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases. SEC. 108. INDUCTION EXEMPTIONS. (a) Qualifications.--No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces. (b) Other Military Service.--No person shall be liable for induction under this title who-- (1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein. SEC. 109. CONSCIENTIOUS OBJECTION. (a) Claims as Conscientious Objector.--Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form. (b) Alternative Noncombatant or Civilian Service.--A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall-- (1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or (2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe. SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE. (a) Discharge.--Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title. (b) Coordination With Other Authorities.--Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services. TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT SEC. 201. REGISTRATION OF FEMALES. (a) Registration Required.--Section 3(a) of the Military Selective Service Act (50 U.S.C. 453(a)) is amended-- (1) by striking ``male'' both places it appears; (2) by inserting ``or herself'' after ``himself''; and (3) by striking ``he'' and inserting ``the person''. (b) Conforming Amendment.--Section 16(a) of the Military Selective Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and inserting ``persons''. SEC. 202. REGISTRATION AND INDUCTION AUTHORITY. (a) Registration.--Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection: ``(h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act.''. (b) Induction.--Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and all that follows through the period at the end and inserting ``inducted pursuant to the Universal National Service Act.''.
Universal National Service Act - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 25 to perform a 2-year period of national service, unless exempted, either through military service or through civilian service in a federal, state, or local government program or with a community-based agency or entity engaged in meeting human, educational, environmental, or public safety needs. Requires induction into national service by the President. Allows persons to be inducted only: (1) under a declaration of war or national emergency, or (2) when members of the Armed Forces are engaged in a contingency operation. Requires each person, before induction, to be examined physically and mentally for classification for fitness to perform. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from combatant training and military service; and (2) discharge following national service. Amends the Military Selective Service Act to authorize the military registration of females.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Infrastructure Transformation Act of 2001''. SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES AND REALIGNMENTS IN 2003. (a) Additional Round of Closures Authorized.--The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-501; 10 U.S.C. 2687 note) is amended by adding at the end the following new section: ``SEC. 2912. BASE REINVESTMENT AND COMMUNITY ENTERPRISE INITIATIVE FOR 2003. ``(a) Authorization of Additional Base Closure Round.--(1) During the period between January 15, 2003, and January 31, 2003, the President may elect to commence an additional round of base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. If the President does not transmit to Congress the nominations during that period, the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(2) As part of the submission of the nominations under paragraph (1), the Secretary of Defense may submit to Congress a report explaining the military necessity for further base closures and realignments. ``(3) Notwithstanding section 2902(d), the term of the Commission required for the round of base closures and realignment authorized by this section shall continue until the disposal of property at all military installations approved for closure under this section is completed. Notwithstanding section 2902(i), the Commission may only maintain 15 staff members after December 31, 2003. ``(b) Selection Criteria.--(1) The Secretary shall amend the criteria to be used in making recommendations for the closure or realignment of military installations inside the United States to reflect the requirement to develop a list of those military installations to be excluded from the base closure and realignment process, as provided in subsection (c). The Secretary shall comply with section 2903(b)(2)(B) in amending the criteria, except that the Secretary shall publish the proposed amendments in the Federal Register and transmit them to the congressional defense committees not later than December 1, 2002, and publish the final criteria in the Federal Register and transmit to such committees not later than January 15, 2003. The Secretary shall comply with section 2903(a) in preparing the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2004. ``(2) It is the sense of Congress that the national security needs of the United States in the future will be best met by a military force that operates on the principle of jointness, and, therefore, the Secretary and the Commission should consider jointness when performing their duties in the additional round of base closures and realignments authorized by this section. ``(c) List of Installations Excluded From Consideration for Closure or Realignment.--(1) Before preparing the list of military installations inside the United States that the Secretary recommends for closure or realignment, the Secretary shall prepare a list of core military installations that the Secretary considers absolutely essential to the national defense and that should not be considered for closure. ``(2) Not later than February 15, 2003, the Secretary shall submit to the congressional defense committees, publish in the Federal Register, and send to the Commission the list required by paragraph (1). The list shall contain not more than 50 percent of the military installations inside the United States. ``(3) The Commission shall consider the list based on the amended criteria developed under subsection (b). The Commission may modify this list, in the manner provided in section 2903(d), if the Commission finds that the inclusion of a military installation on the list substantially violates the criteria. Except as provided in subsection (d), the Commission shall forward to the President, not later than April 15, 2003, a report containing its recommendations regarding the list, which must comply with the percentages specified in paragraph (2). The Comptroller General shall also comply with section 2904(d)(5) by that date. ``(4) If the Commission submits a report to the President under paragraph (3), the President shall notify Congress, not later than April 30, 2003, regarding whether the President approves or disapproves the report. If the President disapproves the report, the Commission shall have until May 15, 2003, to submit a modified report, after which the President shall have until May 22, 2003, to transmit the modified report to Congress. If the President fails to do so or does not approve the modified list, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(5) A military installation included on the exclusion list approved under this subsection may not be included on the closure and realignment list prepared under subsection (e) or otherwise considered for closure or realignment as part of the base closure process under this section. ``(d) Commission Review of Need for Further Closures.--As part of its activities under subsection (c), the Commission shall determine whether there exists a military necessity for further base closures. In making this determination, the Commission may take such testimony and consider such submitted documentation and statements as the Commission considers appropriate. If the Commission determines that further closures are not militarily necessary, and transmits this determination to the President, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(e) Preparation and Consideration of Closure and Realignment List.--(1) Not later than 15 days after that date on which the President approves the list prepared under subsection (c), the Secretary shall publish in the Federal Register, transmit to the congressional defense committees, and send to the Commission, a list of military installations recommended for closure or realignment. The Commission shall consider this list in the manner provided in section 2903(d), except that the Commission's report shall be transmitted to the President not later than October 15, 2003. ``(2) Not later than October 30, 2003, the President shall notify Congress regarding whether the President approves or disapproves the report. If the President disapproves the closure list, the Commission shall have until November 15, 2003, to submit a revised list. If the President does not approve the revised list by November 30, 2003, or does not transmit approval or disapproval of the revised list to Congress by that date, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. If the President approves the original or revised list, the President shall transmit to Congress a copy of the Commission's report, together with the certification of such approval. ``(f) Congressional Disapproval.--Section 2904(b)(1) shall apply to the base closure process required by this section, except that the date otherwise determined under subparagraph (A) of such section is deemed to be December 31, 2003. ``(g) Implementation.--Within three years after the date of the enactment of this section, the Secretary shall initiate the closure or realignment, as the case may be, of all military installations recommended for closure or realignment by the Commission in the report transmitted to the Congress by the President pursuant to subsection (e), unless Congress disapproves of the report as provided in subsection (f). ``(h) Commission's Role During Closure.--(1) During the Secretary's implementation of base closures and realignments approved under this section, the Commission shall serve as an Ombudsman, to which any affected community (containing or bordering a military installation to be closed) or redevelopment authority may appeal regarding problems or disputes with the Secretary in the process of closure or realignment. Appeals may be submitted to the Commission regarding any dispute between the affected parties (the Secretary, redevelopment authorities, and local communities) after approval of the closure list. ``(2) The Commission is authorized, but not required, to issue a decision on an appeal submitted under paragraph (1). Any such decision shall be made by majority vote. The decision shall be binding on the Secretary unless the Secretary overrules the decision of the Commission. If the Secretary overrules a decision, the Secretary shall provide written notice, including the reasons why the Secretary is overruling the decision, to the Chairman of the Commission, the affected community or redevelopment authority, and the Chairmen and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives. ``(3) The Commission may not take a military installation off the closure list, change a closure to a realignment (or vice versa), or make any other substantive changes to the list, but the Commission shall have jurisdiction over solely procedural matters.''. (b) Adjustment and Diversification Assistance.--Section 2391(b)(1) of title 10, United States Code, is amended by inserting after ``the affected community'' the following: ``or the community contains an economically distressed area''. (c) Report on Expediting Base Closure Property Transfers.--Not later than December 31, 2003, the Secretary of Defense shall submit to Congress a report evaluating the feasibility of permitting local communities and redevelopment authorities to take possession of individual structures on military installations approved for closure, when such structures are no longer needed for military purposes, without waiting for the closure of the installation.
Military Infrastructure Transformation Act of 2001 - Amends the Defense Base Closure and Realignment Act of 1990 to authorize the President to elect to commence an additional round of military base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. Allows the Secretary of Defense, as part of such submission, to explain to Congress the military necessity for further base closures and realignments.Requires the Secretary to amend the criteria to be used in making recommendations to develop a list of those installations to be excluded from the closure and realignment process.Expresses the sense of Congress that the Secretary and the Commission should consider military force jointness when performing their base closure and realignment duties.Requires the Secretary, before preparing a list of recommended closures or realignments, to submit a list of core military installations considered absolutely essential to the national defense that should not be considered for closure which shall contain not more than 50 percent of the military installations inside the United States. Requires the Commission to consider such list, to determine whether there exists a military necessity for further base closures, and to submit its recommendations to the President for approval.Requires the Secretary to publish and transmit to the congressional defense committees and the Commission a final list of installations recommended for closure or realignment. Provides for presidential approval or disapproval, and eventual implementation, of such list. Directs the Commission to serve as an ombudsman during implementation.
{"src": "billsum_train", "title": "To amend the Defense Base Closure and Realignment Act of 1990 to authorize an additional round of military base closures and realignments using a two-step process that first identifies those military bases that may not be considered for closure or realignment."}
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SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that, in carrying out title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') has failed to-- (1) adequately consider alternative programs to centralized vehicle emission testing programs, as required by section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) provide adequate credit to States for the alternative programs. (b) Purpose.--The purpose of this Act is to require the Administrator to-- (1) reassess the determinations of the Administrator with respect to the equivalency of centralized and decentralized programs under section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) issue new regulations governing the programs that-- (A) result in minimum disruption to the ability of States to comply with other requirements of such Act (42 U.S.C. 7401 et seq.); and (B) provide States a reasonable opportunity to comply with the new regulations and implement decentralized testing programs. SEC. 2. IMPLEMENTATION OF ENHANCED VEHICLE INSPECTION PROGRAMS. (a) In General.--Notwithstanding any other provision of law, a State shall not be required to implement an enhanced vehicle inspection and maintenance program under section 182(c)(3) of the Clean Air Act (42 U.S.C. 7511a(c)(3)) prior to March 1, 1996. (b) Reassessment of Regulations.-- (1) In general.--The Administrator shall-- (A) immediately rescind the regulations issued on November 5, 1992 (57 Fed. Reg. 52950), relating to operation of the program described in subsection (a) on a centralized basis; and (B) during the period beginning on the date of enactment of this Act and ending on March 1, 1996-- (i) reassess the determinations made by the Administrator with respect to operation of the program described in subsection (a) on a centralized basis, taking into consideration comments submitted by States; and (ii) issue new regulations relating to operation of the program described in subsection (a) on a centralized basis or decentralized basis, at the option of each State. (2) Requirements.--The regulations issued under paragraph (1)(B)(ii) shall-- (A) in accordance with the intent of section 182(c)(3)(C)(vi) of the Clean Air Act (42 U.S.C. 7511a(c)(3)(C)(vi))-- (i) make reasonably available to States the option of operation of the program described in subsection (a) on a decentralized basis; and (ii) establish criteria that a State must meet in order to demonstrate that a decentralized program of the State is equally effective as a centralized program; and (B)(i) provide each State a reasonable opportunity to submit (at the option of the State) a new revision to a plan under section 182(c)(3) of such Act (42 U.S.C. 7511a(c)(3)) based on the new regulations, which revision shall replace any revision to a plan previously submitted by the State under section 182(c)(3) of such Act; and (ii) include a schedule that provides States a reasonable opportunity to implement any new revisions to plans that they submit. (3) Judicial review.--Notwithstanding section 706 of title 5, United States Code, or any other provision of law, if the regulations issued pursuant to paragraph (1)(B)(ii) are reviewed by a court, the court shall hold unlawful and set aside the regulations if the regulations are found to be unsupported by a preponderance of the evidence. (c) Prohibition on Imposition of Sanctions.--Until such time as the Administrator has carried out subsection (b)(1)-- (1) the Administrator may not issue a finding, disapproval, or determination under section 179(a) of the Clean Air Act (42 U.S.C. 7509(a)), or apply a sanction specified in section 179(b) of such Act, to a State with respect to a failure to implement a program described in subsection (a), or any portion of such a program; and (2) the Administrator and the Administrator of the Federal Highway Administration of the Department of Transportation may not take any adverse action, against a State with respect to a failure described in paragraph (1), under-- (A) section 176 of the Clean Air Act (42 U.S.C. 7506); (B) chapter 53 of title 49, United States Code; (C) subpart T of part 51, or subpart A of part 93, of title 40, Code of Federal Regulations (commonly known as the ``transportation conformity rule''); or (D) part 6, 51, or 93 of title 40, Code of Federal Regulations (commonly known as the ``general conformity rule''). (d) Full Credit for Decentralized Programs.--Until such time as the Administrator has carried out subsection (b)(1), for the purpose of the attainment demonstration and the reasonable further progress demonstration required under section 182(c)(2) of the Clean Air Act (42 U.S.C. 7511a(c)(2)), the Administrator shall-- (1) deem that the emission reductions calculated by States for inspection and maintenance under their State implementation plans would be achieved as if the planned program had been implemented; or (2) if appropriate, consider the operation of the program described in subsection (a) on a decentralized basis as equivalent to the operation of the program on a centralized basis in any case in which a State demonstrates that a determination of such an equivalency is reasonable.
Provides that States will not be required to implement enhanced vehicle inspection and maintenance programs under the Clean Air Act prior to March 1, 1996. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to: (1) deem that emissions reductions calculated by States for inspection and maintenance under State implementation plans would be achieved as if the planned program had been implemented; or (2) consider the operation of the program on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable.
{"src": "billsum_train", "title": "A bill to delay the required implementation date for enhanced vehicle inspection and maintenance programs under the Clean Air Act and to require the Administrator of the Environmental Protection Agency to reissue the regulations relating to the programs, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Self-Management Training Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes self-management training, also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. (2) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (3) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients under the care of a certified diabetes educator are better able to control their diabetes and improve their health status. (4) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (5) Despite its effectiveness in reducing diabetes related complications and associated costs, diabetes self-management training has been recognized by policymakers as an underutilized Medicare benefit. Enhancing access to diabetes self-management training programs that are taught by Certified Diabetes Educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes-related health costs. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by striking ``by a certified provider (as described in paragraph (2)(A)) in an outpatient setting'' and inserting ``in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A))''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual who-- ``(A) is licensed or registered by the State in which the services are performed as a health care professional; ``(B) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(C) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4) For purposes of paragraph (3)(C), the term `recognized certifying body' means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary.''. (b) Treatment as a Practitioner, Including for Telehealth Services.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A certified diabetes educator (as defined in section 1861(qq)(3)).''. (c) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2013.
Medicare Diabetes Self-Management Training Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered health care professionals who are certified diabetes educators in an outpatient setting as authorized providers of Medicare diabetes outpatient self-management training services, including as part of telehealth services, under Medicare part B (Supplementary Medical Insurance). Directs the Comptroller General to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Directs the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by authorizing certified diabetes educators to provide diabetes self-management training services, including as part of telehealth services, under part B of the Medicare program."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community AIDS and Hepatitis Prevention Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Each year, approximately 12,000 Americans contract HIV/ AIDS and approximately 19,000 Americans contract the hepatitis C virus directly or indirectly from sharing contaminated syringes. (2) A 2005 comprehensive international review of the evidence of the effectiveness of syringe exchange programs in preventing HIV transmission shows that such programs reduce HIV transmission and are cost-effective. Eight additional federally funded research reports concluded that syringe exchange programs, as part of a comprehensive HIV prevention strategy, are an effective public health intervention that reduces HIV transmission without increasing the use of illicit drugs. Research has also shown that syringe exchange programs are important in preventing the transmission of hepatitis B and C. In 2004, Dr. Elias A. Zerhouni, Director of the National Institutes of Health, wrote Members of Congress stating, ``A number of studies conducted in the United States have shown that syringe exchange programs do not increase drug use among participants or surrounding community members and are associated with reductions in the incidence of HIV, hepatitis B, and hepatitis C in the drug-using population.''. (3) As part of a comprehensive HIV and hepatitis C virus prevention effort, syringe exchange programs often provide HIV and hepatitis C counseling, testing, education, and tools to reduce sexual and drug use-related health risks; links to addiction treatment; overdose prevention; and referrals to other important medical and social services. Research has shown that injection drug users who are referred to addiction treatment from syringe exchange programs are more likely to enter and remain in treatment. (4) Research has shown that, by providing safe disposal of used injection equipment, syringe exchange programs significantly reduce the number of improperly discarded syringes in the community, thereby reducing the exposure of police, sanitation workers, children, and others to dangers of blood-borne disease from accidental syringe sticks. (5) Syringe exchange programs reduce the prevalence of HIV among injection drug users. A review of data from 81 cities across Europe, Asia, and North America found that, on average, HIV prevalence among injection drug users increased by 5.9 percent per year in the 52 cities without syringe exchange programs and decreased by 5.8 percent per year in the 29 cities with syringe exchange programs. (6) Syringe exchange programs are supported by American scientific and professional organizations, including the American Academy of Family Physicians, the American Academy of Pediatrics, the American Academy of Physicians Assistants, the American Academy of Addiction Psychiatry (formerly the American Academy of Psychiatrists in Alcoholism and Addictions), the American Bar Association, the American Medical Association, the American Nurses Association, the American Pharmacists Association, the American Psychiatric Association, the American Psychological Association, the American Public Health Association, the American Society of Addiction Medicine, the Association of Nurses in AIDS Care, the Association of State and Territorial Health Officials, the Infectious Diseases Society of America, the National Association of Boards of Pharmacy, the National Alliance of State and Territorial AIDS Directors, the United States Conference of Mayors, the World Health Organization, UNICEF, the World Bank, the International Red Cross-Red Crescent Society, UNAIDS, and the United Nations Office on Drugs and Crime; and United States government agencies, including the National Institutes of Health and the National Institute on Drug Abuse. (7) According to the most recent data from the Centers for Disease Control and Prevention, in 2005, 185 syringes exchanges were operating in 36 States, the District of Columbia, and Puerto Rico. Removing barriers to the use of Federal funding will empower localities to use their funding in the most efficient way to prevent HIV and viral hepatitis. (8) Despite the scientific and public health consensus that syringe exchange programs reduce HIV and do not increase substance abuse, a ban on funding syringe exchange has been enacted as part of each Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act since 1998. (9) A similar ban on the District of Columbia's use of its own funds for needle exchange programs was lifted in fiscal year 2008. (10) Title XXVI of the Public Health Service Act, as added by the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, is subject to a statutory ban on funding needle exchange programs. SEC. 3. USE OF FEDERAL FUNDS PERMITTED FOR SYRINGE EXCHANGE PROGRAMS. Notwithstanding any other provision of law, nothing shall prohibit the use of Federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.
Community AIDS and Hepatitis Prevention Act - Provides that nothing shall prohibit the use of federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.
{"src": "billsum_train", "title": "To permit the use of Federal funds for syringe exchange programs for purposes of reducing the transmission of bloodborne pathogens, including HIV and viral hepatitis."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Compliance Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 9, 1993, Palestinian Liberation Organization (PLO) Chairman Yasser Arafat made the following commitments in an exchange of letters with Prime Minister of Israel Yitzhak Rabin: (A) ``The PLO recognizes the right of the State of Israel to exist in peace and security.''. (B) ``The PLO accepts United Nations Security Council Resolutions 242 and 338'' pertaining to the cessation of hostilities and the establishment of a just and lasting peace in the Middle East. (C) ``The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations.''. (D) ``The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violence and discipline violators.''. (E) ``In view of the promise of a new era and the signing of the Declaration of Principles and based on Palestinian acceptance of Security Council Resolutions 242 and 338, the PLO affirms that those articles of the Palestinian Covenant which deny Israel's right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid.''. (2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of the agreements between the PLO and the State of Israel that are a direct outgrowth of the September 9, 1993, commitments. (3) The United States Congress has provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certification that the PLO has continued to abide by commitments made. SEC. 3. REPORTS. (a) In General.--The President shall, at the times specified in subsection (b), transmit to Congress a report-- (1) detailing and assessing the steps that the PLO or the Palestinian Authority, as appropriate, has taken to substantially comply with its 1993 commitments, as specified in section 2(1) of this Act; (2) a description of the steps taken by the PLO or the Palestinian Authority, as appropriate, to investigate and prosecute those responsible for violence against American and Israeli citizens; (3) making a determination as to whether the PLO or the Palestinian Authority, as appropriate, has substantially complied with such commitments during the period since the submission of the preceding report, or, in the case of the initial report, during the preceding 6-month period; and (4) detailing progress made in determining the designation of the PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the Palestinian Authority (including Force 17) as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act. (b) Transmission.--The initial report required under subsection (a) shall be transmitted not later than 30 days after the date of enactment of this Act. Each subsequent report shall be submitted on the date on which the President is next required to submit a report under the PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) and may be combined with such report. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--If, in any report transmitted pursuant to section 3, the President determines that the PLO or Palestinian Authority, as appropriate, has not substantially complied with the commitments specified in section 2(1), the following sanctions shall apply: (1) Suspension of assistance.--The President shall suspend all United States assistance to the West Bank and Gaza except for humanitarian assistance. (2) Additional sanction or sanctions.--The President shall impose one or more of the following sanctions: (A) Denial of visas to plo and palestinian authority figures.--The President shall prohibit the Secretary of State from issuance of any visa for any member of the PLO or any official of the Palestinian Authority. (B) Downgrade in status of plo office in the united states.--Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accord. (b) Duration of Sanctions.--The period of time referred to in subsection (a) is the period of time commencing on the date that the report pursuant to section 3 was transmitted and ending on the later of-- (1) the date that is 6 months after such date; (2) the date that the next report under section 3 is required to be transmitted; or (3) the date, if any, on which the President determines and informs Congress that the conditions that were the basis for imposing the sanctions are no longer valid. (c) Waiver Authority.--The President may waive any or all of the sanctions imposed under this Act if the President determines that such a waiver is in the national security interest of the United States, and reports such a determination to the appropriate committees of Congress. SEC. 5. EFFECTIVE DATE; TERMINATION DATE. (a) Effective Date.--This Act shall take effect on the date of enactment of this Act. (b) Termination Date.--This Act shall cease to be effective 5 years after the date of enactment of this Act.
Middle East Peace Compliance Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that such entities have not substantially complied with certain commitments made with Israel. Authorizes the President to waive such sanctions in the U.S. national security interest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``K-12 Education Excellence Now Act of 1999''. SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. ``(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 sum of-- ``(1) the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year, and ``(2) the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(1) $100 in the case of taxable years beginning in calendar year 1999, ``(2) $150 in the case of taxable years beginning in calendar year 2000, ``(3) $200 in the case of taxable years beginning in calendar year 2001, and ``(4) $250 in the case of taxable years beginning after calendar year 2001. In the case of a joint return, the limitation under this subsection shall be twice the dollar amount otherwise applicable under the preceding sentence. ``(c) Qualified Elementary and Secondary Education Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, computer equipment (including related software and services) and other equipment, transportation, and supplementary expenses required for the enrollment or attendance of any individual at a public, private, or religious elementary or secondary school. ``(2) Special rule for home-schooling.--Such term shall include expenses described in paragraph (1) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the amount allowable as a deduction under section 170 for cash contributions to-- ``(A) an elementary or secondary school, or ``(B) a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarship are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Exceptions.--Such term shall not include any organization if substantially all of its scholarships (by value) may be used to attend only 1 school. ``(C) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at an elementary or secondary school. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--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. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any 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 adding at the end the following new item: ``Sec. 30B. Credit for elementary and secondary school expenses and for contributions to such schools and to charitable organizations which provide scholarships for students attending such schools.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.
K-12 Education Excellence Now Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including qualifying home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Medicine Cultural Competence Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Racial and ethnic minorities receive lower-quality health care, even when insurance status, income, age, and severity of conditions are comparable. (2) In overall health, at each stage of life until age 44, African Americans, Latinos, and Native Americans have, on average, higher mortality rates than whites. (3) The Department of Health and Human Services found at least 6 areas in which racial and ethnic minorities experience serious disparities in health access outcomes: infant mortality, cancer screening and management, cardiovascular disease, diabetes, HIV/AIDS infection, and immunizations. (4) African-American children are twice as likely to have asthma and 6 times as likely to die from asthma as white children. (5) Asthma hospitalization rates are higher in urban, low- income, and minority communities. (6) African Americans are 30 percent more likely to die of cancer than whites when differences in age are taken into account. (7) African-American women are at greater risk for being diagnosed with more advanced forms of breast cancer. (8) The African-American death rate due to diabetes is more than twice that for whites when differences in age are taken into account. (9) African Americans are 30 percent more likely to die of heart disease than whites when differences in age are taken into account. (10) Of the AIDS cases reported in 2000, 47 percent involved African Americans. (11) The annual AIDS case rate is 4 times higher for Latinos than for whites. (12) Infant mortality rates, one of the most sensitive indicators of the health and well-being of a population, are twice as high among African-American infants as whites. (13) Studies show that even well-meaning physicians who are not overtly biased or prejudiced typically demonstrate unconscious negative racial attitudes. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Cultural Competence Commission (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall conduct a study and, under section 7, submit a report on the following: (1) Establishing standards in cultural competence education for medical and health professionals. (2) Mandating minimum professional training requirements for the delivery of high-quality knowledge-based patient care, and mandating annual hearings on the status of patient care for minority and low-income patients. (3) Collaborating with the Agency for Healthcare Research and Quality and the American Hospital Association to ensure that the review and assessment process for updating clinical guidelines and protocols incorporates a mechanism to determine the appropriateness of the guidelines and protocols for use among patients of color. (4) Engaging the leadership of such diverse organizations as the national consortium for African-American children to help prioritize and provide cultural competence training opportunities in such venues as school-based and school-linked health settings, working with The Council for Exceptional Children to address issues relating to persons with special needs, and collaborating with geriatric experts to improve access to culturally competent care for seniors in long-term care facilities. (5) Working with diverse organizations such as the Asian and Pacific Islander American Health Forum, the National Alliance for Hispanic Health, the Johns Hopkins University Institute of Urban Health, and the Utah Department of Health, Division of Health Systems Improvement Primary Care Rural and Ethnic Health, to address the needs of vulnerable populations served by community and tribal health centers. (6) Increasing outcomes-based research to assess improvements in health care outcomes for minority patients as a result of cultural competence education. (7) Broadening access to culturally competent health education by patients, providers, and organizations. (8) Conducting a national policy forum to inform legislators at the Federal, State, and local levels about cultural competence programs, research findings, and patient care outcomes. (9) Facilitating improvements in the effectiveness of provider and patient interactions and communications through cross-cultural education, health literacy training, and information. (10) Creating incentives for providers who have documented training and expertise in cultural competence. (11) Collaborating with the National Board of Medical Examiners, the Joint Commission on the Accreditation of Health Care Organizations, and other professional licensing boards and accrediting bodies to devise and monitor a method for assessing provider attitudes, knowledge, and skills in culturally competent health care. (12) Developing and enforcing mechanisms to ensure organizational compliance with cultural competence professional training, service delivery, and administrative requirements. (13) Establishing a national cultural competence ``think tank'' comprised of expert advisers known in the areas of research, advocacy, education, public health policy, and human services. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members appointed as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 4 members appointed by the minority leader of the House of Representatives. (3) 4 members appointed by the majority leader of the Senate. (4) 4 members appointed by the minority leader of the Senate. (5) 1 member appointed by the President. (b) Terms.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Basic Pay.--Members of the Commission shall serve without pay. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Chairperson.--The Chairperson of the Commission shall be elected by the Commission from among its members. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.--Notwithstanding sections 552 and 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services may provide to the Commission, on a nonreimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. Not later than 4 years after the date of the enactment of this Act, the Commission shall submit to the Congress and the President a report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 180 days after submitting its final report pursuant to section 7.
Good Medicine Cultural Competence Act of 2003 - Establishes the Cultural Competence Commission to study and report on establishing standards in cultural competence education for medical and health professionals.Addresses issues of training, clinical guidelines and protocols, access, vulnerable populations, policy forums and think tanks, incentives, collaboration, and enforcement mechanisms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Understanding By IMF Loan Elimination and Equity Act of 2004'' or the ``JUBILEE Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that debts owed by these countries to the IMF be cancelled. SEC. 3. CANCELLATION OF DEBT OWED TO THE IMF BY ELIGIBLE POOR COUNTRIES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. CANCELLATION OF DEBT OWED TO THE IMF BY ELIGIBLE POOR COUNTRIES. ``(a) In General.-- ``(1) Cancellation of debt.--In order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: ``(A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the `Enhanced Structural Adjustment Facility' or `ESAF'). ``(B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country's application for debt cancellation. ``(C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross- section of members of civil society. ``(2) Prohibition of privilege for imf credit.--In order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. ``(3) Establishment of framework for creditor transparency.--In order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))-- ``(A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and ``(B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. ``(4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors.--The Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. ``(5) Report from the comptroller general.--Within 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. ``(6) Annual reports from the president.--Not later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. ``(b) Promotion of Equitable Burden Sharing.--In order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. ``(c) Eligible Poor Country Defined.--In this section, the term `eligible poor country' means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if-- ``(1) the government of the country has an excessive level of military expenditures; ``(2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) the government of the country is failing to cooperate on international narcotics control matters; ``(4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(5) in the case of Haiti, the government of the country has not been elected through free and fair elections.''. SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is further amended by adding at the end the following: ``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. ``(a) Prohibition of Structural Adjustment Conditions.--In order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; ``(3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through-- ``(A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; ``(B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; ``(C) reduced government ability to regulate; or ``(D) mandated privatization of water; or ``(4) undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p). ``(b) Annual Reports to the Congress.--Not later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year.''. SEC. 5. CONDITIONAL BAN ON PROVIDING FUNDS TO THE IMF. (a) In General.--None of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund (IMF) unless-- (1) the IMF has cancelled all debts owed to it by eligible poor countries as described in section 1626(a)(1) of the International Financial Institutions Act; (2) the IMF has terminated its involvement in the Poverty Reduction and Growth Facility and any other program to condition debt relief on implementation of structural adjustment; and (3) the Secretary of the Treasury has certified to the Congress that the conditions referred to in paragraphs (1) and (2) of this subsection have been met. (b) Limitation.--Subsection (a) shall not apply to any funds appropriated to provide debt relief to poor countries.
Justice and Understanding By IMF Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions (MDI's), to accomplish: (1) cancellation of all debts owed to the IMF by specified eligible poor countries, and the financing of such debt cancellation from ongoing IMF operations, procedures, and accounts established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF); (2) limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) a prohibition against the IMF's requiring any country receiving new concessional loans to privilege the IMF as a creditor over the United States; (2) establishment of a framework to ensure the transparency regarding each international financial institution's activities; and (3) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment. Bars funds appropriated in any Act (except those providing for debt relief to poor countries) from being obligated or made available to IMF unless specified conditions are met relating to debt cancellation for all eligible poor countries and termination of conditioning debt relief on certain structural adjustment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2009''. SEC. 2. AFFORDABLE NEW MORTGAGES. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to purchase and securitize qualified new mortgages on single-family housing, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (b) Requirement To Purchase Qualified New Mortgages.--If a lender proffers to an enterprise, in accordance with requirements established by the Director, a mortgage or mortgages for purchase under this section, the enterprise shall make a determination of whether such mortgage or mortgages are qualified new mortgages. Subject to subsection (e), if the enterprise determines that such mortgage or mortgages meet the requirements for qualified new mortgages, the enterprise shall make a commitment to purchase, and shall purchase, the mortgage or mortgages. (c) Qualified New Mortgages.--For purposes of this section, the term ``qualified new mortgage'' means a mortgage that meets the following requirements: (1) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (2) Principal residence.--The mortgagor under the mortgage shall occupy the property subject to the mortgage as his or her principal residence. (3) Interest rate; term to maturity.--The mortgage shall-- (A) bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed an annual rate that is 1.6 percentage points higher than the average annual rate of interest paid on obligations of the United States most recently issued by the Secretary of the Treasury and having 10-year maturities; and (B) have a term to maturity of not less than 30 years and not more than 40 years from the date of the beginning of the amortization of the mortgage. (4) Underwriting standards.--The mortgage shall meet such underwriting standards as the Director shall require. (5) Home purchase.--The principal loan amount repayment of which is secured by the mortgage shall be used to purchase the property that is subject to the qualified new mortgage. (6) New mortgages.--The mortgage was originated on or after the date of the enactment of this Act. (d) Securitization.-- (1) Requirement.--Each enterprise shall, upon such terms and conditions as it may prescribe, set aside any qualified new mortgages purchased by it under this section and, upon approval of the Secretary of the Treasury, issue and sell securities based upon such mortgages set aside. (2) Form.--Securities issued under this subsection may be in the form of debt obligations or trust certificates of beneficial interest, or both. (3) Terms.--Securities issued under this subsection shall have such maturities and bear such rate or rates of interest as may be determined by the enterprise with the approval of the Secretary. (4) Exemption.--Securities issued by an enterprise under this subsection shall, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal and interest by the United States, be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (5) Principal and interest payments.--Mortgages set aside pursuant to this subsection shall at all times be adequate to enable the issuing enterprise to make timely principal and interest payments on the securities issued and sold pursuant to this subsection. (6) Required disclosure.--Each enterprise shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the enterprise. (e) Termination.--The requirement under subsection (b) for the enterprises to purchase mortgages shall not apply to any mortgage proferred to an enterprise after the expiration of the two-year period beginning on the date of the enactment of this Act. SEC. 3. AFFORDABLE REFINANCING OF MORTGAGES HELD BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Refinancing Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage that meets the following requirements: (1) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (2) Refinancing of gse-owned mortgages.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing first mortgage that-- (A) was made for purchase of, or refinancing another first mortgage on, the same property that is subject to the qualified refinancing mortgage; (B) is owned by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) was originated on or before January 1, 2008. (3) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed an annual rate that is 1.6 percentage points higher than the average annual rate of interest paid on obligations of the United States most recently issued by the Secretary of the Treasury and having 10-year maturities. (4) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the underlying mortgage refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (c) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the two-year period beginning on the date of the enactment of this Act. SEC. 4. TREASURY FINANCING. (a) Authority.--Subject to subsection (e), the Secretary may purchase securities issued by the enterprises pursuant to the programs under this Act and such other obligations as may be issued by the enterprises for purposes of carrying out the programs under this Act. (b) Public Debt Transaction.--For the purpose of purchasing any such securities and obligations, the Secretary may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities are issued under such chapter are hereby extended to include any purchase by the Secretary of such obligations under this section. (c) Characteristics of Obligations.--Obligations issued and purchased pursuant to this section shall be in such forms and denominations, bear such maturities, bear interest at such rate, and be subject to such other terms and conditions, as the Secretary shall determine. In determining the term to maturity of such obligations, the Secretary shall take into consideration the terms to maturity of the various securities issued by the enterprises pursuant to the programs under this Act and the terms to maturity and possibility of prepayment of mortgages purchased and securitized under such programs. (d) Treatment.--All redemptions, purchases, and sales by the Secretary of obligations under this section shall be treated as public debt transactions of the United States. (e) Limitation on Amount.--The aggregate principal amount of outstanding obligations and securities purchased under subsection (a) by the Secretary and held at any one time may not exceed $10,000,000,000. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.
Housing Opportunity and Mortgage Equity Act of 2009 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (the enterprises) each to implement a program to purchase and securitize qualified new mortgages on single-family housing in accordance with policies and procedures established by the Director of the Federal Housing Finance Agency (FHFA). Sets forth requirements for the purchase and securitization of qualified new mortgages. Terminates the requirement for the enterprises to purchase mortgages two years after the enactment of this Act. Directs Fannie Mae and Freddie Mac each to implement a program to provide for the refinancing of qualified mortgages on single-family housing they own and for the purchase and securitization of such refinancing mortgages in accordance with policies and procedures established by the FHFA Director. Terminates this requirement two years after enactment of this Act. Authorizes the Secretary of the Treasury to purchase securities issued by the enterprises under this Act and such other obligations as the enterprises may issue to carry out this Act. Authorizes the Secretary also, for the purpose of purchasing any such securities and obligations, to use as a public debt transaction the proceeds from the sale of other public debt securities. Treats all redemptions, purchases, and sales by the Secretary of obligations under this Act as public debt transactions of the United States. Limits to $10 billion the aggregate principal amount of outstanding obligations and securities purchased by the Secretary under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Flood Mitigation and Recovery Act of 2010''. SEC. 2. CORPS OF ENGINEERS FLOOD DAMAGE REDUCTION PROJECTS. (a) In General.--In carrying out a study for a flood damage reduction project to be carried out for a flood prone disaster area, the Secretary of the Army may determine that the project is justified and recommend the project solely on the basis that the non-Federal interest for the project has demonstrated that the project is appropriate and needed to protect the long-term economic viability of the area. (b) Flood Prone Disaster Area Defined.--In this section, the term ``flood prone disaster area'' means an area determined by the President at any time to be a flood prone disaster area under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by section 3 of this Act). SEC. 3. FLOOD PRONE DISASTER AREAS. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended-- (1) by redesignating the second section 425 (42 U.S.C. 5189e; relating to essential service providers) as section 427; and (2) by adding at the end the following: ``SEC. 428. FLOOD PRONE DISASTER AREAS. ``(a) Determination of Flood Prone Disaster Areas.-- ``(1) In general.--If the President declares under section 401 that a major disaster exists in an area due to flooding, the President shall determine at the time of the declaration whether the area qualifies as a flood prone disaster area for the purposes of this section. ``(2) Criteria.--The President shall determine an area to be a flood prone disaster area under paragraph (1) if the area has experienced at least 2 other major disasters due to flooding during the 5-year period preceding the date of the declaration referred to in paragraph (1). ``(3) Applicability.--The determination that an area is a flood prone disaster area in connection with a major disaster shall apply to assistance made available under this Act with respect to that disaster. ``(b) Special Rules for Flood Prone Disaster Areas.-- ``(1) Contributions for hazard mitigation measures.-- ``(A) Federal share.--In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall treat the `75 percent' specified in the first sentence of subsection (a) of that section as-- ``(i) 90 percent; or ``(ii) 100 percent, if the President determines that the measures would not be carried out without additional Federal funding and are necessary to protect the long-term economic viability of the area. ``(B) Total contributions.--In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall-- ``(i) treat the `15 percent' specified in the last sentence of subsection (a) of that section as 20 percent; and ``(ii) treat the `20 percent' specified in section 322(e)(1) as 25 percent. ``(2) Repair, restoration, and replacement of damaged facilities.--In making contributions for the repair, restoration, reconstruction, or replacement of facilities under section 406 for the benefit of a flood prone disaster area, the President shall treat the `75 percent' specified in subsection (b)(1) of that section as-- ``(A) 90 percent; or ``(B) 100 percent, if the President determines that the activity would not be carried out without additional Federal funding and is necessary to protect the long-term economic viability of the area. ``(c) Flood Prone Disaster Area Task Forces.-- ``(1) Establishment.--In each State that includes a flood prone disaster area, the President shall establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately. ``(2) Membership.--The President shall ensure, to the extent practicable, that each task force established under paragraph (1) is composed of the heads of all Federal and State agencies relevant to disaster response activities in the flood prone disaster area.''. SEC. 4. HAZARD MITIGATION. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Timing of Contributions.--In making contributions for hazard mitigation measures under this section with respect to a major disaster, the President, to the extent practicable, shall-- ``(1) review an application for assistance not later than 3 months after the date on which the application is received; and ``(2) begin providing contributions to the cost of the measures not later than 6 months after the date on which the major disaster is declared.''. SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. Section 408(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by adding at the end the following: ``(3) Consideration of certain factors.--In determining whether to provide financial assistance or direct services under this section to an individual or household affected by a major disaster, the President shall give consideration to-- ``(A) the economic impact of the major disaster on the area in which the individual or household is located; and ``(B) the number of other major disasters that have been declared with respect to that area during the preceding 5-year period.''. SEC. 6. EMERGENCY RELIEF. Section 120(e) of title 23, United States Code, is amended by inserting after ``natural disaster or catastrophic failure'' the following: ``, or accomplished more than 180 days after the actual occurrence if the Secretary determines that inclement weather or flooding prevented accomplishment within 180 days,''. SEC. 7. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES PILOT PROGRAM. (a) In General.--During the 2-year period beginning on the date of enactment of this Act, the President shall select 3 major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the use of modified response procedures in accordance with subsection (b). (b) Modified Response Procedures.--With respect to a major disaster selected for modified response procedures under subsection (a), the President, in carrying out section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), shall make contributions to a State or local government for a repair, restoration, reconstruction, or replacement project-- (1) at the time that a bid is selected for awarding the contract with respect to the project; and (2) in an amount based on the bid selected. (c) Report.--Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report on the results of the use of modified response procedures under this section, including a description of-- (1) any benefits that resulted from the use of the procedures; and (2) any overpayments that resulted from the use of the procedures. SEC. 8. INDIAN TRIBE DISASTER RESPONSE MANAGEMENT PILOT PROGRAM. (a) Establishment.--The President shall establish an Indian tribe disaster response management pilot program (in this section referred to as the ``program'') in accordance with this section. (b) Participants.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the President shall select 5 Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) to participate in the program. (2) Consideration of past major disaster declarations.--In considering an Indian tribe for participation in the program, the President shall give consideration to the number of major disasters that have been declared with respect to the lands of the Indian tribe by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (c) Treatment as States.-- (1) In general.--Notwithstanding section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), an Indian tribe selected for participation in the program shall be treated as a State for purposes of-- (A) requesting, under section 401 of such Act (42 U.S.C. 5170), a declaration by the President that a major disaster exists with respect to lands of the Indian tribe; and (B) managing response activities under that Act with respect to a major disaster declared. (2) Duration.--An Indian tribe selected for participation in the program shall be treated as a State in accordance with paragraph (1) during the 5-year period beginning on the date on which the Indian tribe is selected for program participation. (d) Technical Assistance and Grants.--The President is authorized to provide technical assistance and grants to an Indian tribe selected for participation in the program to ensure that the Indian tribe has the appropriate personnel for and is prepared to manage disaster response activities during program participation. (e) Report.--Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report describing the results of the program and any related recommendations, including a recommendation on whether to make the program permanent and allow the participation of all Indian tribes. SEC. 9. STUDY AND IMPLEMENTATION PLAN GRANTS WITH RESPECT TO ROAD PROJECTS. The Administrator of the Federal Emergency Management Agency is authorized to make a grant to a State to assist the State to-- (1) conduct a study to determine and prioritize road projects that need to be completed for the State to be prepared for flooding or other potential disasters; and (2) develop an implementation plan for projects determined to be a priority under paragraph (1). SEC. 10. REPORT ON COMMUNICATION. Not later than 12 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report that includes-- (1) a description of the efforts of the Administrator to improve communication with State and local officials with respect to the disaster response, recovery, and hazard mitigation programs of the Agency; and (2) recommendations for continuing to improve such communication. SEC. 11. HAZARD MITIGATION ASSISTANCE REPORT. Not later than 6 months after the date of enactment of this Act, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to utilize contributions made under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) for hazard mitigation projects; (2) an assessment of the effectiveness of the efforts described in paragraph (1), including a specification of impediments to effectiveness; (3) recommendations for improving the effectiveness of the efforts described in paragraph (1); and (4) a description of the interaction between the efforts described in paragraph (1) and contributions for hazard mitigation measures made under section 404 of such Act (42 U.S.C. 5170c). SEC. 12. GAO STUDIES AND REPORTS. (a) Assistance to Distressed Communities.-- (1) Study.--The Comptroller General shall conduct a study on the effectiveness of the major disaster declaration process and other response activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in providing assistance to distressed communities, including Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))). (2) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1). (b) Paperwork Reduction for Hazard Mitigation Projects.-- (1) Study.--The Comptroller General shall conduct a study on the application processes and paperwork required for programs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that provide assistance for hazard mitigation activities, including whether application process complexity prevents certain entities from applying for the assistance. (2) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include recommendations for streamlining the application processes and paperwork required for programs that provide assistance for hazard mitigation activities.
Rural Flood Mitigation and Recovery Act of 2010 - Authorizes the Secretary of the Army to determine that a flood damage reduction project for a flood prone disaster area is justified and to recommend the project solely on the basis that the non-federal interest has demonstrated that the project is appropriate and needed to protect the area's long-term economic viability. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President: (1) upon declaring that a major disaster exists in an area due to flooding, to determine whether the area qualifies as a flood prone disaster area; (2) to determine an area to be a flood prone disaster area if it has experienced at least two other major disasters due to flooding during the preceding five-year period; (3) in making contributions for hazard mitigation measures to benefit such an area, and for repair, restoration, and replacement of facilities for such area's benefit, to provide for a federal share of 90% (or 100% if the President determines that the measures would not be carried out without additional federal funding and are necessary to protect the area's long-term economic viability); and (4) in each state that includes such an area, to establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately. Requires the President: (1) in making contributions for hazard mitigation measures for a major disaster, to review an application for assistance within three months of receipt and begin providing contributions to the cost of the measures within six months after the disaster is declared; and (2) in determining whether to provide financial assistance or direct services to an individual or household affected by a major disaster, to consider the economic impact on the area and the number of other major disasters that have been declared there during the preceding five-year period. Permits a higher federal share payable for repair or reconstruction for Interstate highway system projects to be accomplished more than 180 days after the actual occurrence of a natural disaster or catastrophic failure if the Secretary determines that inclement weather or flooding prevented accomplishment within that period. Requires the President to select three declared major disasters for the use of modified response procedures, under which the President shall make contributions to a state or local government for a repair, restoration, reconstruction, or replacement project: (1) at the time a bid is selected for awarding the contract for the project; and (2) in an amount based on the bid selected. Directs the President to: (1) establish an Indian tribe disaster response management pilot program; and (2) report to Congress on efforts of the President to utilize for hazard mitigation projects contributions made for the repair, restoration, reconstruction, or replacement of facilities damaged or destroyed by a major disaster. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to assist a state in conducting a study to determine and prioritize road projects that need to be completed for the state to be prepared for flooding or other potential disasters and to develop an implementation plan for priority projects. Directs the Administrator to report to Congress on efforts to improve communication with state and local officials with respect to FEMA's disaster response, recovery, and hazard mitigation programs. Directs the Comptroller General to study and report to Congress on: (1) the effectiveness of the major disaster declaration process and other response under the Stafford Act in providing assistance to distressed communities; and (2) the application processes and paperwork required for programs under the Stafford Act that provide assistance for hazard mitigation activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Labor-Management Partnership Act of 2007''. SEC. 2. FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL. (a) Establishment.--There is established a council to be known as the Federal Labor-Management Partnership Council (hereinafter in this Act referred to as the ``Council''). The Council shall be composed of-- (1) the Director of the Office of Personnel Management; (2) the Deputy Director for Management of the Office of Management and Budget; (3) a deputy secretary (or other officer with agency-wide authority) from each of 2 agencies not otherwise represented on the Council, who shall be appointed by the President; (4) the Chairman of the Federal Labor Relations Authority; (5) the Director of the Federal Mediation and Conciliation Service; (6) 2 members who shall be appointed by the President to represent the respective labor organizations representing (as exclusive representatives) the first and second largest numbers of Federal employees subject to chapter 71 of title 5, United States Code, or any other authority permitting such employees to select an exclusive representative; (7) 4 members who shall be appointed by the President to represent labor organizations representing (as exclusive representatives) substantial numbers of Federal employees subject to chapter 71 of title 5, United States Code, or any other authority permitting such employees to select an exclusive representative-- (A) each of whom shall be selected giving due consideration to such factors as the relative numbers of Federal employees represented by the various organizations; and (B) not more than 2 of whom may, at any time, be representatives of the same labor organization or council, federation, alliance, association, or affiliation of labor organizations; (8) 1 member who shall be appointed by the President to represent the organization representing the largest number of senior executives; and (9) 1 member who shall be appointed by the President to represent the organization representing the largest number of Federal managers. (b) Responsibilities and Functions.--The Council shall advise the President on matters involving labor-management relations in the executive branch. Its activities shall include-- (1) supporting the creation of local labor-management partnership councils that promote partnership efforts in the executive branch; (2) collecting and disseminating information about and providing guidance on partnership efforts in the executive branch, including the results of those efforts; (3) using the expertise of individuals, both inside and outside the Federal Government, to foster partnership arrangements in the executive branch; and (4) proposing statutory changes to improve the civil service to better serve the public and carry out the mission of the various agencies. (c) Administration.-- (1) Chairperson.--The President shall designate a member of the Council who is a full-time Federal employee to serve as the Chairperson. The Council shall meet at the call of the Chairperson or a majority of its members. (2) Outside input.--The Council shall seek input from agencies not represented on the Council, particularly smaller agencies. It may also from time to time, in the discretion of the Council, invite experts from the private and public sectors to submit information. The Council shall also seek input from companies, nonprofit organizations, State and local governments, Federal employees, and customers of Federal services, as needed. (3) Assistance of the office of personnel management.--To the extent permitted by law and subject to the availability of appropriations, the Director of the Office of Personnel Management shall, upon request, provide such staff, facilities, support, and administrative services to the Council as the Director considers appropriate. (4) No compensation.--Members of the Council shall serve without compensation for their work on the Council. (5) Cooperation of other agencies.--All agencies shall, to the extent permitted by law, provide to the Council such assistance, information, and advice as the Council may request. (d) General Requirements.-- (1) Reporting to congress.--Any reporting to or appearances before Congress that may be requested or required of the Council shall be made by the Chairperson of the Council. (2) Terms of membership.--A member under paragraph (3), (6), (7), (8), or (9) of subsection (a) shall be appointed for a term of 3 years, except that any individual chosen to fill a vacancy under any of those paragraphs shall be appointed for the unexpired term of the member replaced and shall be chosen subject to the same conditions as applied with respect to the original appointment. (3) Service after expiration of term.--A member under paragraph (3), (6), (7), (8), or (9) of subsection (a) may serve after the expiration of such member's term until a successor has taken office, but for not more than 60 days after such term expires. (4) Not special government employees.--A member who is not otherwise a Federal employee shall not be considered a special Government employee for any purpose. SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS THROUGHOUT THE EXECUTIVE BRANCH. The President shall direct the head of each agency which is subject to chapter 71 of title 5, United States Code, or any other authority permitting employees of such agency to select an exclusive representative to take the following actions: (1) Create labor-management partnerships by forming labor- management committees or councils at appropriate levels, or adapting existing committees or councils if such groups exist. (2) Involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency. (3) Provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches. (4) Negotiate, at the request of the labor organization, on the subjects set forth in section 7106(b)(1) of title 5, United States Code, and instruct subordinate officials to do the same. (5) Evaluate progress and improvements in organizational performance resulting from such labor-management partnerships. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the terms ``agency'' and ``labor organization'' have the meanings set forth in section 7103(a) of title 5, United States Code; (2) the term ``Federal employee'' means an employee, as defined by section 7103(a)(2) of title 5, United States Code; (3) the term ``Federal manager'' means a management official, as defined by section 7103(a)(11) of title 5, United States Code; and (4) the term ``senior executive'' has the meaning given such term by section 3132(a)(3) of title 5, United States Code.
Federal Labor-Management Partnership Act of 2007 - Establishes the Federal Labor-Management Partnership Council to advise the President on matters involving labor-management relations in the executive branch. Includes among the Council's activities: (1) supporting the creation of local labor-management partnership councils that promote partnership efforts; (2) collecting and disseminating information about and providing guidance on such efforts; (3) using the expertise of individuals, inside and outside the federal government, to foster partnership arrangements in the executive branch; and (4) proposing statutory changes to improve the civil service to better serve the public and carry out the mission of the various agencies. Requires the President to designate a Council Chairperson. Requires the President to direct the head of each agency which is subject to labor-management relations provisions or any other authority permitting employees to select an exclusive representative, to: (1) create labor-management partnerships by forming labor-management committees or councils at appropriate levels or adapting existing committees or councils if such groups exist; (2) involve employees and their representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency; (3) provide systemic training of appropriate employees in consensual methods of dispute resolution; (4) negotiate, at the request of the labor organization, on specified subjects and instruct subordinate officials to do the same; and (5) evaluate progress and improvements in organizational performance resulting from such labor-management partnerships.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Science and Technology for the 21st Century Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The development of science and technology has been a core mission of the Air Force since its inception as an independent service. (2) From fiscal year 1989 to fiscal year 2001, spending on Air Force science and technology programs dropped significantly, from $2,720,000,000 to $1,460,000,000 when measured in constant fiscal year 2001 dollars and from 2.2 percent to 1.7 percent when measured as a percentage of the total obligational authority of the Air Force. (3) In recent years, the focus of Air Force science and technology has shifted to include a smaller percentage of long- term, revolutionary projects with the promise of significant payoff and a higher percentage of short-term projects with the possibility only of incremental technology advances. (4) The steep decline over the last decade in spending on Air Force science and technology programs and the absence of long-term science and technology planning are the result of factors including: (A) The Air Force organization has not included, at a sufficiently high level, a single official with clear responsibility for advocating the development of science and technology. (B) The science and technology program has had inadequate visibility at the highest levels of Air Force decisionmaking. (C) The Air Force does not have a planning process that clearly links long-term warfighting requirements with planning for science and technology development within the budget planning process. (D) The methodologies used to determine the overall budgetary requirements for Air Force science and technology programs and to prioritize among those programs are ineffective. (5) The decline in Air Force science and technology development will likely diminish national security in the future, because important technologies may be unavailable to be incorporated into weapon systems. (6) In recent years, Congress has made efforts to reverse the decline in Air Force science and technology development by appropriating greater amounts for such development than requested in the budget submitted by the President. (7) The Air Force is in the process of making fundamental changes in how it makes budgetary and nonbudgetary policy decisions with respect to its science and technology development programs and how it carries out those programs. (8) The Air Force has made a significant effort over the past two years to increase the emphasis on science and technology development by senior-level decisionmakers through the use of science and technology summits, applied technology councils, and a new advocacy process for science and technology. (9) The Secretary of the Air Force has designated the commander of the Air Force Materiel Command with the grade of general as the budget advocate for science and technology programs. (10) The Secretary of the Air Force has implemented a new planning process for science and technology development that is linked to the Air Force Strategic Plan. (11) The Air Force is, in a good faith effort, conducting a comprehensive review of the long-term challenges and short-term objectives of the Air Force science and technology programs, as specified in section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-46). (12) Despite the recent Air Force efforts, additional measures are needed to ensure that advocacy for Air Force science and technology development is at its highest and that planning and technology investment prioritization is at its best. SEC. 3. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT PLANNING. (a) Sense of Congress.--It is the sense of Congress that the Secretary of the Air Force should carry out each of the following: (1) Continue and improve efforts to ensure that-- (A) the Air Force science and technology community is represented, and the recommendations of that community are considered, at all levels of program planning and budgetary decisionmaking within the Air Force; (B) advocacy for science and technology development is institutionalized across all levels of Air Force management in a manner that is not dependent on individuals; and (C) the value of Air Force science and technology development is made increasingly apparent to the warfighters, by linking the needs of those warfighters with decisions on science and technology development. (2) Complete and adopt the policy directive that provides for changes in how the Air Force makes budgetary and nonbudgetary decisions with respect to its science and technology development programs and how it carries out those programs. (3) At least once every five years, conduct a review of the long-term challenges and short-term objectives of the Air Force science and technology programs that is consistent with the review specified in section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-46). (4) Ensure that development and science and technology planning and investment activities are carried out for future space warfighting systems and for future nonspace warfighting systems in an integrated manner. (b) Reinstatement of Development Planning.--(1) The Secretary of the Air Force shall reinstate and implement a revised development planning process that provides for each of the following: (A) Coordinating the needs of Air Force warfighters with decisions on science and technology development. (B) Giving input into the establishment of priorities among science and technology programs. (C) Analyzing Air Force capability options for the allocation of Air Force resources. (D) Developing concepts for technology, warfighting systems, and operations with which the Air Force can achieve its critical future goals. (E) Evaluating concepts for systems and operations that leverage technology across Air Force organizational boundaries. (F) Ensuring that a ``system-of-systems'' approach is used in carrying out the various Air Force capability planning exercises. (G) Utilizing existing analysis capabilities within the Air Force product centers in a collaborative and integrated manner. (2) Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the implementation of the planning process required by paragraph (1). (3) There are authorized to be appropriated to carry out paragraph (1) $20,000,000 for each fiscal year beginning with fiscal year 2002. SEC. 4. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE SCIENCE AND TECHNOLOGY PROGRAM CHANGES. (a) Requirement.--The Secretary of the Air Force, in cooperation with the National Research Council of the National Academy of Sciences, shall carry out a study to determine how the changes to the Air Force science and technology program implemented during the past two years affect the future capabilities of the Air Force. (b) Matters Studied.--(1) The study shall independently review and assess whether such changes as a whole are sufficient to ensure the following: (A) The concerns about the management of the science and technology program that have been raised by the Congress, the Defense Science Board, the Air Force Science Advisory Board, and the Air Force Association have been adequately addressed. (B) Appropriate and sufficient technology is available to ensure the military superiority of the United States and counter future high-risk threats. (C) The science and technology investments are balanced to meet the near-, mid-, and long-term needs of the Air Force. (D) Technologies are made available that can be used to respond flexibly and quickly to a wide range of future threats. (E) The Air Force organizational structure provides for a sufficiently senior level, effective advocate of science and technology to ensure an on-going presence of the science and technology community during the budget and planning process. (2) In addition, the study shall independently assess the specific changes as follows: (A) Whether the biannual science and technology summits provide sufficient visibility into, and understanding and appreciation of, the value of the science and technology program to the senior level of Air Force budget and policy decisionmakers. (B) Whether the Applied Technology Councils are effective in contributing the input of all levels beneath the senior leadership into the coordination, focus, and content of the science and technology program. (C) Whether the designation of the Commander of the Air Force Materiel Command as the science and technology budget advocate is effective to assure that an adequate budget top line is set. (D) Whether the revised development planning process is effective to aid in the coordination of the needs of the Air Force warfighters with decisions on science and technology investments and the establishment of priorities among different science and technology programs. (E) Whether the implementation of section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-46) is effective to identify the basis for the appropriate science and technology program top line and investment portfolio. (c) Report.--Not later than 60 days after the date on which the study required by subsection (a) is completed, the Secretary of the Air Force shall submit to Congress the results of the study. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $950,000. SEC. 5. GRADE OF DEPUTY ASSISTANT SECRETARY. It is the sense of Congress that the Deputy Assistant Secretary of the Air Force, Science, Technology, and Engineering, shall be paid at the highest rate of basic pay payable for a member of the Senior Executive Service.
Air Force Science and Technology for the 21st Century Act of 2001 - Expresses the sense of Congress that the Secretary of the Air Force should: (1) continue and improve efforts to ensure the advocacy of science and technology within the Air Force budgetary decisionmaking process; (2) complete and adopt policy directives for changes in Air Force science and technology budgetary and nonbudgetary decisions; (3) review the long-term challenges and short-term objectives of Air Force science and technology programs; and (4) ensure that development and science and technology planning and investment activities are carried out for future space warfighting systems and future nonspace warfighting systems.Directs the Secretary to: (1) reinstate and implement a revised Air Force science and technology development planning process; and (2) carry out a study to determine how changes to the Air Force science and technology program implemented during the past two years affect future Air Force capabilities.Expresses the sense of Congress that the Deputy Assistant Secretary of the Air Force, Science, Technology, and Engineering shall be paid at the highest rate of basic pay for a member of the Senior Executive Service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Enhancement Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In January 2003, the Government Accountability Office identified Federal real property as a high-risk area, citing excess property as a long-standing problem. (2) The magnitude of the problem with excess Federal real property continues to put the government at risk for lost dollars and missed opportunities. (3) The Administration has stated its goal is to reduce the size of the Federal real property inventory by 5 percent, or $15 billion, by disposing of unneeded assets by 2015. (4) The Federal inventory includes many properties that are no longer relevant to agencies' missions and agencies are spending billions of dollars to maintain these unneeded properties. (5) The costs of preparing a property for transfer or sale continue to hamper some agencies' efforts to address their unneeded properties and serve as a disincentive to disposal because, in the short-term, it can be more beneficial economically to maintain a property that is not being used than to dispose of it. (6) Agencies should give greater attention to right-sizing their real property portfolios. (b) Purpose.--The purpose of this Act is to reduce the Federal inventory of unneeded and costly property. SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE AGENCIES. (a) In General.--Section 524 of title 40, United States Code, is amended to read as follows: ``Sec. 524. Duties of the General Services Administration and executive agencies ``(a) Duties of the General Services Administration.-- ``(1) Guidance.--The Administrator shall issue guidance for the development and implementation of agency real property plans. Such guidance shall include recommendations on-- ``(A) how to identify excess properties; ``(B) how to evaluate the costs and benefits involved with disposing of real property; ``(C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and ``(D) how best to dispose of those properties identified as excess to the needs of the agency. ``(2) Annual report.--The Administrator shall submit an annual report, for each of the first 5 years after 2008, to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, based on data submitted from all executive agencies, detailing executive agency efforts to reduce their real property assets. ``(3) Assistance.--The Administrator shall assist executive agencies in the identification and disposal of excess real property. ``(b) Duties of Executive Agencies.-- ``(1) In general.--Each executive agency shall-- ``(A) maintain adequate inventory controls and accountability systems for property under its control; ``(B) continuously survey property under its control to identify excess property; ``(C) promptly report excess property to the Administrator; ``(D) perform the care and handling of excess property; and ``(E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. ``(2) Specific requirements with respect to real property.--With respect to real property, each executive agency shall-- ``(A) develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1); ``(B) identify and categorize all real property owned, leased, or otherwise managed by the agency; ``(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory; ``(D) when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess. ``(3) Additional requirements.--Each executive agency, as far as practicable, shall-- ``(A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; ``(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and ``(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non- Federal property.''. (b) Clerical Amendment.--The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: ``524. Duties of the General Services Administration and executive agencies.''. SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE REPORTED AS EXCESS. Section 572(a)(2) of title 40, United States Code, is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional authority.--(i) From the fund described in paragraph (1), subject to clause (iv), the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency. ``(ii) The General Services Administration may be reimbursed from the proceeds of the sale of such properties for such costs. ``(iii) Net proceeds shall be dispersed pursuant to section 571 of this title. ``(iv) The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by sale, lease, exchange, or otherwise, including through leaseback arrangements. ``(v) Nothing in this subparagraph is intended to affect subparagraph (D).''. SEC. 5. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY. (a) Authority to Pay Expenses Related to Reverted Real Property.-- Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following: ``(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.''. (b) Requirements Related to Sales of Reverted Property Under Section 550.--Section 550(b)(1) of title 40, United States Code, is amended-- (1) by inserting ``(A)'' after ``(1) In general.--''; and (2) by adding at the end the following: ``If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title.''. (c) Requirements Related to Sales of Reverted Property Under Section 553.--Section 553(e) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title.''. (d) Requirements Related to Sales of Reverted Property Under Section 554.--Section 554(f) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Secretary, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 553 of this title.''. SEC. 6. AGENCY RETENTION OF PROCEEDS. The text of section 571 of title 40, United States Code, is amended to read as follows: ``(a) Deposit of Proceeds.--Net proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property. Such funds shall be expended only as authorized in annual appropriations Acts and only for activities as described in section 524(b) of this title and disposal activities, including paying costs incurred by the General Services Administration for any disposal- related activity authorized by this title. Proceeds shall not be expended for activities or projects subject to the requirements of section 3307 of this title. ``(b) Effect on Other Sections.--Nothing in this section is intended to affect section 572(b) or 574 of this title. ``(c) Disposal Agency for Reverted Property.--For the purposes of this section, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for properties which revert to the United States under sections 550, 553, and 554 of this title. ``(d) Proceeds.--The net proceeds referred to in subsection (a) are proceeds under this chapter from a-- ``(1) transfer of excess property to a federal agency for agency use; or ``(2) sale, lease, or other disposition of surplus property.''. Passed the House of Representatives May 21, 2008. Attest: LORRAINE C. MILLER, Clerk.
Federal Real Property Disposal Enhancement Act of 2008 - Requires the Administrator of the General Services Administration (GSA) to issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings. Requires the Administrator to: (1) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (2) assist agencies in the identification and disposal of excess real property. Requires agencies to: (1) maintain adequate inventory controls and accountability systems for property under their control; (2) continuously survey such property to identify excess property; (3) promptly report excess property to the Administrator; (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible. Requires each agency to: (1) develop and implement a real property plan to identify and declare excess property; (2) identify and categorize all real property owned, leased, or managed by the agency; (3) establish goals and incentives to reduce excess real property in its inventory; and (4) use authorities to identify and prepare real property to be reported as excess. Requires each agency to: (1) reassign to another activity within the agency property that is no longer required for the purposes for which it was purchased; (2) transfer excess property to other federal agencies and to specified organizations; and (3) obtain excess properties from other agencies to meet mission needs before acquiring nonfederal property. (Sec. 4) Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of surplus real and related personal property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property. Requires the Administrator to: (1) take control of certain property for which reversion is recommended or determined to be necessary and to sell it at fair market value; and (2) make such property available to state and local governments and certain nonprofit entities prior to sale. (Sec. 6) Requires: (1) excess or surplus property proceeds to be deposited into the appropriate agency's real property account (currently, into the Treasury as miscellaneous receipts); and (2) the funds from such deposits to be expended only as authorized in annual appropriations Acts for activities related to federal real property asset management and disposal.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Health Benefits Protection Act''. TITLE I--RETIREE HEALTH BENEFITS PROTECTION SEC. 101. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``SEC. 516. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. ``(a) Maintenance of Benefits.-- ``(1) In general.--If-- ``(A) retiree health benefits or plan or plan sponsor payments in connection with such benefits are to be or have been terminated or reduced under an employee welfare benefit plan; and ``(B) an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or reduction, the court without requirement of any additional showing shall promptly order the plan and plan sponsor to maintain the retiree health benefits and payments at the level in effect immediately before the termination or reduction while the action is pending in any court. No security or other undertaking shall be required of any participant or beneficiary as a condition for issuance of such relief. An order requiring such maintenance of benefits may be refused or dissolved only upon determination by the court, on the basis of clear and convincing evidence, that the action is clearly without merit. ``(2) Exceptions.--Paragraph (1) shall not apply to any action if-- ``(A) the termination or reduction of retiree health benefits is substantially similar to a termination or reduction in health benefits (if any) provided to current employees which occurs either before, or at or about the same time as, the termination or reduction of retiree health benefits, or ``(B) the changes in benefits are in connection with the addition, expansion, or clarification of the delivery system, including utilization review requirements and restrictions, requirements that goods or services be obtained through managed care entities or specified providers or categories of providers, or other special major case management restrictions. ``(3) Modifications.--Nothing in this section shall preclude a court from modifying the obligation of a plan or plan sponsor to the extent retiree benefits are otherwise being paid by the plan sponsor. ``(b) Burden of Proof.--In addition to the relief authorized in subsection (a) or otherwise available, if, in any action to which subsection (a)(1) applies, the terms of the employee welfare benefit plan summary plan description or, in the absence of such description, other materials distributed to employees at the time of a participant's retirement or disability, are silent or are ambiguous, either on their face or after consideration of extrinsic evidence, as to whether retiree health benefits and payments may be terminated or reduced for a participant and his or her beneficiaries after the participant's retirement or disability, then the benefits and payments shall not be terminated or reduced for the participant and his or her beneficiaries unless the plan or plan sponsor establishes by a preponderance of the evidence that the summary plan description or other materials about retiree benefits-- ``(1) were distributed to the participant at least 90 days in advance of retirement or disability; ``(2) did not promise retiree health benefits for the lifetime of the participant and his or her spouse; and ``(3) clearly and specifically disclosed that the plan allowed such termination or reduction as to the participant after the time of his or her retirement or disability. The disclosure described in paragraph (3) must have been made prominently and in language which can be understood by the average plan participant. ``(c) Representation.--Notwithstanding any other provision of law, an employee representative of any retired employee or the employee' spouse or dependents may-- ``(1) bring an action described in this section on behalf of such employee, spouse, or dependents; or ``(2) appear in such an action on behalf of such employee, spouse or dependents. ``(d) Retiree Health Benefits.--For the purposes of this section, the term `retiree health benefits' means health benefits (including coverage) which are provided to-- ``(1) retired or disabled employees who, immediately before the termination or reduction, have a reasonable expectation to receive such benefits upon retirement or becoming disabled; and ``(2) their spouses or dependents.'' (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 515 the following new item: ``Sec. 516. Rules governing litigation involving retiree health benefits.'' (c) Effective Date.--The amendments made by this section shall apply to actions relating to terminations or reductions of retiree health benefits which are pending or brought, on or after January 1, 1998. TITLE II--RETIREE CONTINUATION COVERAGE SEC. 201. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Public Health Service Act.-- (1) Type of coverage.-- (A) In general.--Section 2202(1) of the Public Health Service Act (42 U.S.C. 300bb-2(1)) is amended-- (i) by striking ``The coverage'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), the coverage''; and (ii) by adding at the end the following: ``(B) Certain retirees.--In the case of an event described in section 2203(6), the qualified beneficiary may elect to continue coverage as provided for in subparagraph (A) or may elect coverage-- ``(i) under any other plan offered by the State, political subdivision, agency, or instrumentality involved; or ``(ii) notwithstanding paragraphs (4) and (5) of section 2741(b), through any health insurance issuer offering health insurance coverage (as defined in section 2791(b)(1)) in the individual market in the State.''. (B) Technical amendment.--Section 2202(2)(D)(i) of the Public Health Service Act (42 U.S.C. 300bb- 2(2)(D)(i)) is amended by striking ``covered under any other'' and inserting ``except with respect to coverage obtained under paragraph (1)(B), covered under any other''. (2) Period of coverage.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended by adding at the end thereof the following new clause: ``(v) Qualifying event involving substantial reduction or elimination of a retiree group health plan.--In the case of an event described in section 2203(6), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (3) Qualifying event.--Section 2203 of the Public Health Service Act (42 U.S.C. 300bb-3) is amended by adding at the end thereof the following new paragraph: ``(6) The substantial reduction or elimination of group health coverage as a result of plan changes or termination with respect to a qualified beneficiary described in section 2208(3)(A).''. (4) Notice.--Section 2206 of the Public Health Service Act (42 U.S.C. 300bb-6) is amended-- (A) in paragraph (2), by striking ``or (4)'' and inserting ``(4), or (6)''; and (B) in paragraph (4)(A), by striking ``or (4)'' and inserting ``(4), or (6)''. (5) Definition.--Section 2208(3) of the Public Health Service Act (42 U.S.C. 300bb-8(3)) is amended by adding at the end thereof the following new subparagraph: ``(C) Special rule for retirees.--In the case of a qualifying event described in section 2203(6), the term `qualified beneficiary' includes a covered employee who had retired on or before the date of substantial reduction or elimination of coverage and any other individual who, on the day before such qualifying event, is a beneficiary under the plan-- ``(i) as the spouse of the covered employee; ``(ii) as the dependent child of the covered employee; or ``(iii) as the surviving spouse of the covered employee.''. (b) Employee Retirement Income Security Act of 1974.-- (1) Type of coverage.-- (A) In general.--Section 602(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(1)) is amended-- (i) by striking ``The coverage'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), the coverage''; and (ii) by adding at the end the following: ``(B) Certain retirees.--In the case of an event described in section 603(7), the qualified beneficiary may elect to continue coverage as provided for in subparagraph (A) or may elect coverage-- ``(i) under any other plan maintained by the plan sponsor involved; or ``(ii) notwithstanding paragraphs (4) and (5) of section 2741(b) of the Public Health Service Act, through any health insurance issuer offering health insurance coverage (as defined in section 2791(b)(1) of such Act) in the individual market in the State.''. (B) Technical amendment.--Section 602(2)(D)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(D)(i)) is amended by striking ``covered under any other'' and inserting ``except with respect to coverage obtained under paragraph (1)(B), covered under any other''. (2) Period of coverage.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended by adding at the end thereof the following new clause: ``(vi) Qualifying event involving substantial reduction or elimination of a group health plan covering retirees, spouses and dependents.--In the case of an event described in section 603(7), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (3) Qualifying event.--Section 603 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1163) is amended by adding at the end thereof the following new paragraph: ``(7) The substantial reduction or elimination of group health plan coverage as a result of plan changes or termination with respect to a qualified beneficiary described in section 607(3)(C).''. (4) Notice.--Section 606(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) is amended-- (A) in paragraph (2), by striking ``or (6)'' and inserting ``(6), or (7)''; and (B) in paragraph (4)(A), by striking ``or (6)'' and inserting ``(6), or (7)''. (5) Definition.--Section 607(3)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(2)) is amended by striking ``603(6)'' and inserting ``603(6) or 603(7)''. (c) Internal Revenue Code of 1986.-- (1) Type of coverage.-- (A) In general.--Section 4980B(f)(2)(A) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``The coverage'' and inserting the following: ``(i) In general.--Except as provided in clause (ii), the coverage''; and (ii) by adding at the end the following: ``(ii) Certain retirees.--In the case of an event described in paragraph (3)(G), the qualified beneficiary may elect to continue coverage as provided for in clause (i) or may elect coverage-- ``(I) under any other plan maintained by the plan sponsor involved; or ``(II) notwithstanding paragraphs (4) and (5) of section 2741(b) of the Public Health Service Act, through any health insurance issuer offering health insurance coverage (as defined in section 2791(b)(1) of such Act) in the individual market in the State.''. (B) Technical amendment.--Section 4980B(f)(2)(B)(iv)(I) of the Internal Revenue Code of 1986 is amended by striking ``covered under any other'' and inserting ``except with respect to coverage obtained under paragraph (1)(B), covered under any other''. (2) Period of coverage.--Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subclause: ``(VI) Qualifying event involving substantial reduction or elimination of a retiree group health plan.--In the case of an event described in paragraph (3)(G), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (3) Qualifying event.--Section 4980B(f)(3) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subparagraph: ``(G) The substantial reduction or elimination of group health coverage as a result of plan changes or termination with respect to a qualified beneficiary described in subsection (g)(1)(D).''. (4) Notice.--Section 4980B(f)(6) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (B), by striking ``or (F)'' and inserting ``(F), or (G)''; and (B) in subparagraph (D)(i), by striking ``or (F)'' and inserting ``(F), or (G)''. (5) Definition.--Section 4980B(g)(1)(D) of the Internal Revenue Code of 1986 is amended by striking ``(f)(3)(F)'' and inserting ``(f)(3)(F) or (f)(3)(G)''. SEC. 202. EFFECTIVE DATE. This title shall take effect as if enacted on January 1, 1998.
TABLE OF CONTENTS: Title I: Retiree Health Benefits Protection Title II: Retiree Continuation Coverage Retiree Health Benefits Protection Act - Title I: Retiree Health Benefits Protection - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add rules governing litigation involving the termination or reduction of retiree health benefits. Title II: Retiree Continuation Coverage - Amends ERISA, the Public Health Service Act, and the Internal Revenue Code to extend group health plan insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Egg Research and Consumer Information Act Amendments of 1993''. SEC. 2. ASSESSMENT RATE. (a) In General.--Section 8(e) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(e)) is amended-- (1) by designating the first and second sentences as paragraph (1); (2) by designating the fifth and sixth sentences as paragraph (3); and (3) by striking the third and fourth sentences and inserting the following new paragraph: ``(2)(A) The assessment rate shall be prescribed by the order. The rate shall not exceed 20 cents per case (or the equivalent of a case) of commercial eggs. ``(B) The order may be amended to increase the rate of assessment if the increase is recommended by the Egg Board and approved by egg producers in a referendum conducted under section 9(b). ``(C) The order may be amended to decrease the assessment rate after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title.''. (b) Referendum.--Section 9 of such Act (7 U.S.C. 2708) is amended-- (1) by designating the first and second sentences as subsection (a); (2) by designating the last sentence as subsection (c); and (3) by inserting after subsection (a) (as designated by paragraph (1)) the following new subsection: ``(b)(1) If the Egg Board determines, based on a scientific study, marketing analysis, or other similar competent evidence, that an increase in the assessment rate is needed to ensure that assessments under the order are set at an appropriate level to effectuate the policy declared in section 2, the Egg Board may request that the Secretary conduct a referendum, as provided in paragraph (2). ``(2)(A) If the Egg Board requests the Secretary to conduct a referendum under paragraph (1) or (3), the Secretary shall conduct a referendum among egg producers not exempt from this Act who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the producers approve the change in the assessment rate proposed by the Egg Board. ``(B) The change in the assessment rate shall become effective if the change is approved or favored by-- ``(i) not less than two-thirds of the producers voting in the referendum; or ``(ii) a majority of the producers voting in the referendum, if the majority produced not less than two-thirds of all the commercial eggs produced by the producers voting during a representative period defined by the Secretary. ``(3)(A) In the case of the order in effect on the date of enactment of this subsection, the Egg Board shall determine under paragraph (1), as soon as practicable after such date of enactment, whether to request that the Secretary conduct a referendum under paragraph (2). ``(B) If the Egg Board makes such a request on the basis of competent evidence, as provided in paragraph (1), the Secretary shall conduct the referendum as soon as practicable, but not later than-- ``(i) 120 days after receipt of the request from the Egg Board; or ``(ii) if the Director of the Office of Management and Budget determines that the change in the assessment rate is a significant action that requires review by the Director, 170 days after receipt of the request from the Egg Board. ``(4) Notwithstanding any other provision of this Act, if an increase in the assessment rate and the authority for additional increases is approved by producers in a referendum conducted under this subsection, the Secretary shall amend the order to reflect the vote of the producers. The amendment to the order shall become effective on the date of issuance of the amendment.''. SEC. 3. RESEARCH. Section 8(d) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(d)) is amended by adding at the end the following new sentence: ``In preparing a budget for each of the 1994 and subsequent fiscal years, the Egg Board shall, to the maximum extent practicable, allocate a proportion of funds for research projects under this Act that is comparable to the proportion of funds that were allocated for research projects under this Act in the budget of the Egg Board for fiscal year 1993.''. SEC. 4. EXEMPTED PRODUCERS. Section 12(a)(1) of the Egg Research and Consumer Information Act (7 U.S.C. 2711(a)(1)) is amended by striking ``30,000 laying hens'' and inserting ``75,000 laying hens''. SEC. 5. AMENDMENT TO ORDER. Notwithstanding any other provision of law: (1) In general.--The Secretary of Agriculture shall issue amendments to the egg promotion and research order issued under the Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.) to implement the amendments made by this Act. The amendments shall be issued after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title. The Secretary shall issue the proposed amendments to the order not later than 80 days after the date of enactment of this Act. (2) Effective date.--The amendments to the egg promotion and research order required by paragraph (1) shall become effective not later than-- (A) 30 days after the proposed amendments are issued; or (B) if the Director of the Office of Management and Budget determines that the amendments are a significant action that requires review by the Director, 50 days after the proposed amendments are issued. (3) Referendum.--The amendments referred to in paragraph (2) shall not be subject to a referendum conducted under the Egg Research and Consumer Information Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Egg Research and Consumer Information Act Amendments of 1993 - Amends the Egg Research and Consumer Information Act to: (1) increase the maximum assessment rate from ten cents per case of commercial eggs to 20 cents per case; (2) authorize the Egg Board to increase assessments subject to producer referendum; (3) increase the trigger level for assessment exemptions from (producers of) 30,000 laying hens to 75,000 laying hens; and (4) allocate funds for research activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Market Parity and Modernization Act''. SEC. 2. PRIVATE FLOOD INSURANCE. (a) Mandatory Purchase Requirement.-- (1) In general.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by striking ``Sec. 102. (a)'' and all that follows through subsection (b) and inserting the following: ``Sec. 102. (a) After the expiration of sixty days following the date of enactment of this Act, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Administrator as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property to which such financial assistance relates is covered by flood insurance: Provided, That the amount of flood insurance (1) in the case of Federal flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (2) in the case of private flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular property, whichever is less: Provided further, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property. ``(b) Requirement for Mortgage Loans.-- ``(1) Regulated lending institutions.--Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council established under the Federal Financial Institutions Examination Council Act of 1974) shall by regulation direct regulated lending institutions not to make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance: Provided, That the amount of flood insurance (A) in the case of Federal flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (B) in the case of private flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less. ``(2) Federal agency lenders.-- ``(A) In general.--A Federal agency lender may not make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance in accordance with paragraph (1). Each Federal agency lender may issue any regulations necessary to carry out this paragraph. Such regulations shall be consistent with and substantially identical to the regulations issued under paragraph (1). ``(B) Requirement to accept flood insurance.--Each Federal agency lender shall accept flood insurance as satisfaction of the flood insurance coverage requirement under subparagraph (A) if the flood insurance coverage meets the requirements for coverage under that subparagraph. ``(3) Government-sponsored enterprises for housing.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall implement procedures reasonably designed to ensure that, for any loan that is-- ``(A) secured by improved real estate or a mobile home located in an area that has been identified, at the time of the origination of the loan or at any time during the term of the loan, by the Administrator as an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, and ``(B) purchased by such entity, the building or mobile home and any personal property securing the loan is covered for the term of the loan by flood insurance in the amount provided in paragraph (1). The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept flood insurance as satisfaction of the flood insurance coverage requirement under paragraph (1) if the flood insurance coverage provided meets the requirements for coverage under that paragraph. ``(4) Applicability.-- ``(A) Existing coverage.--Except as provided in subparagraph (B), paragraph (1) shall apply on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. ``(B) New coverage.--Paragraphs (2) and (3) shall apply only with respect to any loan made, increased, extended, or renewed after the expiration of the 1-year period beginning on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. Paragraph (1) shall apply with respect to any loan made, increased, extended, or renewed by any lender supervised by the Farm Credit Administration only after the expiration of the period under this subparagraph. ``(C) Continued effect of regulations.-- Notwithstanding any other provision of this subsection, the regulations to carry out paragraph (1), as in effect immediately before the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, shall continue to apply until the regulations issued to carry out paragraph (1) as amended by section 522(a) of such Act take effect. ``(5) Rule of construction.--Except as otherwise specified, any reference to flood insurance in this section shall be considered to include Federal flood insurance and private flood insurance. ``(6) Definitions.-- ``(A) Flood insurance.--In this section, the term `flood insurance' means-- ``(i) Federal flood insurance; and ``(ii) private flood insurance. ``(B) Other definitions.--In this section-- ``(i) the term `Federal flood insurance' means an insurance policy made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); ``(ii) the term `private flood insurance' means an insurance policy that-- ``(I) is issued by an insurance company that is-- ``(aa) licensed, admitted, or otherwise approved to engage in the business of insurance in the State in which the insured building is located, by the insurance regulator of that State; or ``(bb) eligible as a nonadmitted insurer to provide insurance in the home State of the insured, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); ``(II) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State in which the property to be insured is located; and ``(III) provides flood insurance coverage that complies with the laws and regulations of that State; and ``(iii) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.''. (2) Technical and conforming amendment.--Section 1364(a)(3)(C) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104a(a)(3)(C)) is amended by striking ``, as required under section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))''. (b) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: ``(n) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by private flood insurance (as defined in section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))) to be a period of continuous coverage.''.
Flood Insurance Market Parity and Modernization Act This bill amends the Flood Disaster Protection Act of 1973 to make technical amendments to requirements for flood insurance under either the federal program or private flood insurance. "Private flood insurance" shall include any policy issued by an insurance company eligible as a nonadmitted insurer to provide flood insurance in the state or jurisdiction where the property to be insured is located. The flood insurance program under the Act, including both private and federal flood insurance, shall extend to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. The National Flood Insurance Act of 1968 is amended to direct the Federal Emergency Management Agency to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education for Freedom Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Given the increased threat to American ideals in the trying times in which we live, it is important to preserve and defend our common heritage of freedom and civilization and to ensure that future generations of Americans understand the importance of traditional American history and the principles of free government on which this Nation was founded in order to provide the basic knowledge that is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self-government, binding together a diverse people into a single Nation with a common purposes. (2) However, despite its importance, most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization and free institutions as a prerequisite to graduation. (3) In addition, too many of our Nation's elementary and secondary history teachers lack the training necessary to effectively teach these subjects--due largely to the inadequacy of their teacher preparation. (4) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped our Nation and its free institutions, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purpose of this act is to promote and sustain post-secondary academic centers, institutes, and programs that offer undergraduate and graduate courses, support research, and develop teaching materials for the purpose of developing and imparting a knowledge of traditional American history, the American Founding, the history and nature of, and threats to, free institutions, or of the nature, history and achievements of Western Civilization, particularly for-- (1) undergraduate students enrolled in teacher education programs, or who may consider becoming school teachers, or who wish to enhance their civic competence; (2) elementary, middle, and high school teachers in need of additional training in order to effectively teach in these subject area; and (3) graduate students and post-secondary faculty who wish to teach about these subject areas with greater knowledge and effectiveness. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Eligible institution.--For the purposes of this Act: (A) In general.--The term ``eligible institution'' means-- (i) an institution of higher education; (ii) a specific program within an institution of higher education; and (iii) a non-profit history or academic organization associated with higher education whose mission is consistent with the purposes of this Act. (B) Special rule.--An eligible institution within the meaning of subparagraph (A) may apply to award subgrants to other such eligible institutions at the discretion of, and subject to the oversight of, the Secretary. (2) Free institution.--The term ``free institution'' means institutions that emerged out of Western Civilization, such as democracy, individual rights, market economics, religious freedom and tolerance, and freedom of thought and inquiry. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Traditional american history.--The term ``traditional American history'' means the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and the key episodes, turning points and leading figures, involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this Act, the Secretary shall provide, on a competitive basis, grants to eligible institutions, which shall be used for-- (1) History Teacher Preparation Initiatives, that-- (A) stress content mastery in traditional American history and the principals on which the American political system is based, including the history and philosophy of free institutions, and the study of Western civilization; and (B) provide for grantees to carry out research, planning, and coordination activities devoted to the purposes of this Act. (2) Grants to Strengthen Post-Secondary Programs in fields related to the American founding, free institutions, and Western civilization, particularly through-- (A) the design and implementation of courses, lecture series and symposia, the development and publication of instructional materials, and the development of new, and supporting of existing, academic centers; (B) research supporting the development of relevant course materials; (C) the support of faculty teaching in undergraduate and graduate programs; and (D) the support of graduate and postgraduate fellowships and courses for scholars related to such fields. (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation, which shall, at a minimum, consider the education value and relevance of the institution's programming to carrying out the purposes of this Act and the expertise of key personnel in the area of traditional American history and the principals on which the American political system is based, including the political and intellectual history and philosophy of free institutions, the American Founding, and other key events that have contributed to American freedom and the study of Western civilization. (c) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application therefor at such time or times, or in such manner, and containing such information as the Secretary may prescribe by regulation. (d) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. (e) Grant Awards.-- (1) Maximum and minimum grants.--For the purposes of this Act, the Secretary shall award grants of not less than $400,000 and not more than $6,000,000 to eligible institutions. (2) Exception.--A subgrant by an eligible institution to another eligible institution is not subject to the minimum amount specified in paragraph (1). (f) Multiple Awards.--For the purposes of this Act, the Secretary may award more than one grant to an eligible institution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years. SEC. 6. EFFECTIVE DATE. This Act shall take effect on September 1, 2003.
Higher Education for Freedom Act - Directs the Secretary of Education to make competitive grants to eligible institutions to prepare elementary, middle, and secondary school history teachers and to strengthen postsecondary programs in fields related to the founding of the United States, free institutions, and Western civilization.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudan Divestment Authorization Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On July 22, 2004, the Senate and the House of Representatives passed concurrent resolutions declaring that ``the atrocities unfolding in Darfur, Sudan, are genocide''. (2) On June 30, 2005, President Bush affirmed that ``the violence in Darfur region is clearly genocide [and t]he human cost is beyond calculation''. (3) The Darfur Peace and Accountability Act of 2006, which was signed into law on October 13, 2006, reaffirms that ``the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party- led faction of the Government of Sudan''. (4) Several States and governmental entities, through legislation and other means, have expressed their desire, or are considering measures-- (A) to divest any equity in, or to refuse to provide debt capital to, certain companies that operate in Sudan; and (B) to disassociate themselves and the beneficiaries of their public pension and endowment funds from directly or indirectly supporting the Darfur genocide. (5) Efforts of States and other governmental entities to divest their pension funds and other investments of companies that operate in Sudan build upon the legal and historical legacy of the anti-apartheid movement in the United States, a movement which contributed to the end of apartheid in South Africa and the holding of free elections in that country in 1994. (6) Although divestment measures should be employed judiciously and sparingly, declarations of genocide by Congress and the President justify such action. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) States and other governmental entities should be permitted to provide for the divestment of certain State assets within their jurisdictions as an expression of opposition to the genocidal actions and policies of the Government of Sudan; and (2) a divestment measure authorized under section 5 does not violate the United States Constitution because such a measure-- (A) is not preempted under the Supremacy Clause; (B) does not constitute an undue burden on foreign or interstate commerce under the Commerce Clause; and (C) does not intrude on, or interfere with, the conduct of foreign affairs of the United States. SEC. 4. DEFINITIONS. In this Act: (1) Assets.--The term ``assets'' means any public pension, retirement, annuity, or endowment fund, or similar instrument, managed by a State. (2) Company.--The term ``company'' means any natural person, legal person, sole proprietorship, organization, association, corporation, partnership, firm, joint venture, franchisor, franchisee, financial institution, utility, public franchise, trust, enterprise, limited partnership, limited liability partnership, limited liability company, or other business entity or association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such business entities or associations. (3) Company with a qualifying business relationship with sudan.--The term ``company with a qualifying business relationship with Sudan''-- (A) means any company-- (i) that is wholly or partially managed or controlled, either directly or indirectly, by the Government of Sudan or any of its agencies, including political units and subdivisions; (ii) that is established or organized under the laws of the Government of Sudan; (iii) whose domicile or principal place of business is in Sudan; (iv) that is engaged in business operations that provide revenue to the Government of Sudan; (v) that owns, maintains, sells, leases, or controls property, assets, equipment, facilities, personnel, or any other apparatus of business or commerce in Sudan, including ownership or possession of real or personal property located in Sudan; (vi) that transacts commercial business, including the provision or obtaining of goods or services, in Sudan; (vii) that has distribution agreements with, issues credits or loans to, or purchases bonds of commercial paper issued by-- (I) the Government of Sudan; or (II) any company whose domicile or principal place of business is in Sudan; (viii) that invests in-- (I) the Government of Sudan; or (II) any company whose domicile or principal place of business is in Sudan; or (ix) that is fined, penalized, or sanctioned by the Office of Foreign Assets Control of the Department of the Treasury for violating any Federal rule or restriction relating to Sudan after the date of the enactment of this Act; and (B) does not include-- (i) nongovernmental organizations (except agencies of Sudan), which-- (I) have consultative status with the United Nations Economic and Social Council; or (II) have been accredited by a department or specialized agency of the United Nations; (ii) companies that operate in Sudan under a permit or other authority of the United States; (iii) companies whose business activities in Sudan are strictly limited to the provision of goods and services that are-- (I) intended to relieve human suffering; (II) intended to promote welfare, health, religious, or spiritual activities; (III) used for educational purposes; (IV) used for humanitarian purposes; or (V) used for journalistic activities. (4) Government of sudan.--The term ``Government of Sudan''-- (A) means-- (i) the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or (ii) any successor government formed on or after the date of the enactment of this Act, including the Government of National Unity, established in 2005 as a result of the Comprehensive Peace Agreement for Sudan; and (B) does not include the regional Government of Southern Sudan. (5) 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, and any department, agency, public university or college, county, city, village, or township of such governmental entity. SEC. 5. AUTHORIZATION FOR CERTAIN STATE AND LOCAL DIVESTMENT MEASURES. (a) In General.--Notwithstanding any other provision of law, any State may adopt measures to prohibit any investment of State assets in the Government of Sudan or in any company with a qualifying business relationship with Sudan, during any period in which the Government of Sudan, or the officials of such government are subject to sanctions authorized under-- (1) the Sudan Peace Act (Public Law 107-245); (2) the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497); (3) the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177); (4) the Darfur Peace and Accountability Act of 2006 (Public Law 109-344); or (5) any other Federal law or executive order. (b) Applicability.--Subsection (a) shall apply to measures adopted by a State before, on, or after the date of the enactment of this Act.
Sudan Divestment Authorization Act of 2007 - Declares the sense of Congress that states and other governmental entities should be permitted to provide for the divestment of certain state assets within their jurisdictions as an expression of opposition to the genocidal actions and policies of the Government of Sudan. Authorizes any state to adopt measures to prohibit any investment of state assets in the Government of Sudan, or in any company with a qualifying business relationship with Sudan, during any period in which the Government of Sudan, or the officials of such government are subject to sanctions authorized under the Sudan Peace Act, the Comprehensive Peace in Sudan Act of 2004, the USA PATRIOT Improvement and Reauthorization Act of 2005, the Darfur Peace and Accountability Act of 2006, or any other federal law or executive order. Defines state assets as any public pension, retirement, annuity, or endowment fund, or similar instrument managed by a state. Applies this Act to measures adopted by a state before, on, or after the enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirement Restoration Act''. SEC. 2. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT OF 2013. Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. SEC. 3. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section.
Military Retirement Restoration Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends the Internal Revenue Code to treat a foreign corporation managed and controlled, directly or indirectly, primarily in the United States as a domestic corporation for U.S. tax purposes if the stock of such corporation is regularly traded on an established securities market or the aggregate gross assets of such corporation during the taxable year or any preceding taxable year is $50 million or more. 
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SECTION 1. SHORT TITLE. This Act may be referred to as ``The Well America Act''. SEC. 2. WELLNESS TRUST FUND. (a) Establishment.--There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ``Wellness Trust Fund''. The Wellness Trust Fund shall consist of such gifts and bequests as may be made and such amounts as may be deposited in, or appropriated to, such fund. (b) There are hereby appropriated to the Trust Fund for each year 4 percent of all health care premiums, as well as 4 percent of all Federal expenditures on health care for populations served outside of health care plans. SEC. 3. WELLNESS PROGRAM. (a) Wellness Voucher.--The Secretary shall issue to each enrollee satisfying the conditions of paragraph (b) a wellness voucher card which may be used for identification, verifying eligibility for benefits under this section, and processing of payments under this section to participating wellness providers selected by the enrollee. The wellness voucher card shall bear an indication of its total value as computed under paragraph (g), the portion of its value used and the portion remaining at any time. The wellness voucher card function may be incorporated into the health security card. (b) Eligibility.--Those eligible for wellness benefits are: (1) Any enrollee thirty years of age or older; (2) Any enrollee under thirty years of age who is certified by his or her primary care provider as in special need of wellness benefits as a result of unusual physical characteristics or conditions; or (3) Any enrollee under thirty years of age who uses tobacco, for the purpose of a tobacco-use-cessation program; or whose cholesterol condition is certified by his primary care provider to place him or her at high health risk, for the purpose of a weight-loss, nutrition, or exercise program; or whose body weight is certified by his primary care physician to place him or her at high health risk, for the purpose of a weight-loss, nutrition or exercise program. (c) Benefits.--Benefits provided under this section are intended to promote greater health and reduced injury and illness through programs which increase general health status, or promote healthier lifestyles by changing health related behaviors, such as hygiene or nutritional education programs. They are not intended to duplicate or substitute for therapeutic or rehabilitative services more properly included in treatments for illnesses, injuries or conditions covered by medical benefits. In addition to the activities specified in paragraph (b)(3), States shall periodically determine the range of other services eligible for reimbursement from wellness voucher funds. Enrollees eligible under paragraph (b)(2) are eligible only for such benefits related to the characteristic or condition certified by the primary care provider. (d) Enrollee Use.--An eligible enrollee obtains benefits under this section by presenting the wellness voucher card to a participating wellness provider in return for covered benefits up to the total value remaining on the card. Covered benefits costing more than the value remaining on the card may be purchased, but the enrollee is personally responsible for the portion of the cost which exceeds the value remaining on the voucher card. (e) Participating Providers.-- (1) Wellness providers must be licensed under any applicable State laws relating to the activities provided. The States may establish standards for minimum solvency and insurance (which may include bonding) for participating providers. (2) As a condition of participation in the program established by this section, providers agree to provide a defined course of covered benefits in return for the payment made by the Secretary under this section, to provide covered benefits in return for payment in full by the Secretary from a portion of the value of the wellness voucher, or to provide covered benefits to be paid in part by payment from the Secretary under this section. (3) As a condition of participation in the program established by this section, providers must agree to inform the enrollee's primary care physician of the services rendered and consult with the primary care physician if requested on any ongoing course of services. (4) Each State shall maintain a list of wellness providers satisfying the requirements of this Act, which it shall make public and shall transmit to the Secretary, and shall promptly notify the Secretary of any additions thereto or deletions therefrom. (f) Payment.--The Secretary shall establish a mechanism for paying to participating providers from the Wellness Trust Fund the cost of covered benefits under this section as they are provided, and as claims for same are made. In no event shall the Secretary be liable for so much of claims which individually or in the aggregate exceed the value of the enrollee's wellness voucher. (g) Computation of Wellness Voucher Value.--Prior to the beginning of each year, the Secretary shall project the total income to the Wellness Trust Fund for the coming year, and shall divide this figure, less a contingency reserve not to exceed 2 percent, by the number of enrollees whom the Secretary projects will be eligible for benefits under this section in that year. The quotient is the value of the wellness voucher of each eligible enrollee for that year, except that the Secretary may adjust the value of wellness vouchers relative to each other to take into consideration differences in the cost of services among States or alliance service areas. Such process of adjustment shall not increase the total aggregate value of all wellness vouchers. SEC. 4. DEFINITIONS.-- For purposes of this title: (a) ``Enrollee'' means an individual-- (i) who is entitled to participate in an alliance or who is provided health benefits through a Federal health care program outside of an alliance, and (ii) who is entitled to receive services under this Act. (b) ``Primary care providers'' means a primary care physician with the training and experience to assess and treat the full range of basic health care needs, and properly coordinate and refer to others for specialized treatment, or, if licensed or certified as such under State law, a nurse practitioner with equivalent training and experience. (c) ``Provider'' means any person who provides services to enrollees or to other providers for enrollees within the meaning of this Act. (d) ``Participating provider'' means providers who have agreed to abide by the conditions and requirements of this Act. (e) ``Secretary'' means the Secretary of the Treasury unless otherwise specified. (f) ``Services'' includes goods, such as equipment.
Well America Act - Directs the Secretary of the Treasury to issue a voucher card to each enrollee in the wellness program established by this Act who is: (1) age 30 or older; (2) under age 30 and certified by his or her primary care provider as in special need of wellness benefits resulting from unusual physical characteristics or conditions; or (3) under age 30 and uses tobacco for a tobacco-use-cessation program or whose cholesterol condition or body weight is certified by his or her primary care provider to place the individual at high health risk for the purpose of a weight-loss, nutrition, or exercise program. Establishes in the Treasury the Wellness Trust Fund from which the cost of covered benefits under this Act and related claims shall be paid to participating providers. Appropriates to such Fund for each year four percent of all health care premiums and Federal expenditures on health care populations served outside of health care plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Lumber Act of 1995''. SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION. (a) In General.--In addition to any other duty that may apply, there is imposed a duty of 25 percent ad valorem on wood and lumber products described in subsection (b). (b) Wood and Lumber Products Described.--Wood and lumber products described in this subsection are wood or lumber products described in subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the Harmonized Tariff Schedule of the United States that are imported directly or indirectly from Canada. (c) Applicability.--The rate of duty imposed under subsection (a) shall apply to goods described in subsection (b) that are entered, or withdrawn from warehouse for consumption, during the period beginning on the date that is 15 days after the date of the enactment of this Act and ending on whichever of the following dates occurs first with respect to an investigation initiated under section 3: (1) The date the investigation is suspended pursuant to section 3(b)(2). (2) The date on which a final negative determination is made by the Commission pursuant to section 705 of the Tariff Act of 1930. (3) The date on which an order is issued pursuant to section 706 of such Act. (d) Refunds; Collections.--If the amount of the duty imposed under this section is different from the amount of the cash deposit, bond, or other security required for the countervailing duty imposed under a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e) as a result of the investigation initiated under section 3, such difference shall be refunded, released, or collected, as the case may be, in accordance with section 707 of the Tariff Act of 1930 (19 U.S.C. 1671f). SEC. 3. INITIATION OF INVESTIGATION. (a) In General.--Notwithstanding any other provision of law, not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate an investigation pursuant to section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to the importation and sales for importation into the United States of wood and lumber products described in section 2(b). (b) Application of Title VII of the Tariff Act of 1930.-- (1) In general.--Except as otherwise provided in this Act, the provisions of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the countervailing duty investigation initiated under subsection (a). (2) Termination or suspension of investigation.-- (A) Termination.--Subsections (a) and (k) of section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c (a) and (k)) shall not apply to the investigation initiated pursuant to subsection (a). (B) Suspension.--The investigation initiated pursuant to subsection (a) may be suspended pursuant to subsection (b) or (c) of section 704 of such Act, if the requirements of such section 704 and subparagraph (C) are satisfied. (C) Suspension of investigation procedure.--The requirements of this subparagraph are satisfied if, not less than 30 days before suspending the investigation, the administering authority-- (i) notifies the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Commission, and other parties to the investigation, of the administering authority's intention to suspend the investigation; (ii) consults with such committees regarding such suspension; (iii) provides to such committees a copy of the proposed agreement pursuant to which the investigation is to be suspended, together with an explanation of-- (I) how the agreement will be carried out and enforced; (II) how the agreement meets the requirements of subsections (b), (c), (d), and (e) of section 704 of the Tariff Act of 1930; and (III) any action required of Canada; and (iv) permits all interested parties to submit comments and information for the record before the date on which notice of suspension of the investigation is published. SEC. 4. RENEGOTIATION OF CHAPTER 19 OF NAFTA AND THE UNITED STATES- CANADA FREE-TRADE AGREEMENT. (a) In General.--Notwithstanding any other provision of law-- (1) the President is authorized and directed to negotiate with the governments of free trade area countries for the purpose of entering into an agreement to modify the terms of chapter 19 of the NAFTA and chapter 19 of the United States- Canada Free-Trade Agreement to provide that-- (A) the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving the merchandise of a free trade area country; and (B) such determinations shall be subject to judicial review in the same manner as determinations made with respect to countries that are not free trade area countries; (2) the negotiations described in paragraph (1) shall not in any way affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (3) not later than 150 days after the date of the enactment of this Act, if an agreement described in paragraph (1) has been entered into, the President shall submit to the Congress-- (A) a draft implementing bill (as defined in section 151 of the Trade Act of 1974 (19 U.S.C. 2191)) which contains provisions-- (i) approving the agreement; and (ii) modifying the provisions of United States law that are necessary to implement the agreement; and (B) a statement of any administrative action proposed to implement the agreement. (b) Implementation of Modifications.-- (1) In general.--Any agreement entered into under subsection (a)(1) shall enter into force with respect to the United States if (and only if) the implementing bill described in subsection (a)(3)(A) is enacted into law. (2) Extension of fast track procedures to implementing bill.-- (A) Section 151(b)(1) of the Trade Act of 1974 (19 U.S.C. 2191(b)(1)) is amended by inserting ``section 4 of the Emergency Lumber Act of 1995,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''. (B) Section 151(c)(1) of such Act (19 U.S.C. 2191(c)(1)) is amended by striking ``or section 282 of the Uruguay Round Agreements Act,'' and inserting ``, section 282 of the Uruguay Round Agreements Act, or section 4 of the Emergency Lumber Act of 1995,''. (c) Modification of Review Process.-- (1) In general.--If a draft implementing bill is not submitted in accordance with subsection (a) within 150 days after the date of the enactment of this Act-- (A) the provisions of article 1904 of the NAFTA and article 1904 of the United States-Canada Free-Trade Agreement relating to review of determinations shall cease to apply to determinations involving the merchandise of a free trade area country; (B) the provisions of section 516A of the Tariff Act of 1930 (19 U.S.C 1516A) shall apply to the review of such determinations without regard to subsection (g) of such section; and (C) any such determination with respect to which a binational panel review or an extraordinary challenge committee review is pending on the day after such 150th day shall be transferred to the United States Court of International Trade (in accordance with rules issued the Court) for review under section 516A(a) of such Act. (2) Notice of modifications.--If a draft implementing bill is not submitted in accordance with subsection (a) within 150 days after the date of the enactment of this Act-- (A) the President shall immediately notify the government of each free trade area country of the modifications described in paragraph (1) and shall publish notice of such modifications in the Federal Register; and (B) the United States Secretary shall immediately notify the relevant FTA Secretaries that article 1904 of the NAFTA and article 1904 of the United States- Canada Free-Trade Agreement no longer apply to determinations described in paragraph (1). (3) Definitions.--For purposes of this section: (A) Determination; antidumping and countervailing duty determination.--The terms ``determination'' and ``antidumping and countervailing duty determination'' mean a determination as defined in section 516A(g)(1) of the Tariff Act of 1930 (19 U.S.C. 1516A(g)(1)). (B) Free trade area country; relevant fta secretary; and united states secretary.--The terms ``free trade area country'', ``relevant FTA Secretary'', and ``United States Secretary'' have the meanings given such terms by section 516A(f) of the Tariff Act of 1930 (19 U.S.C. 1516A(f)). SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the NAFTA, section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301), and article 1902 of the United States-Canada Free-Trade Agreement, the provisions of this Act shall apply with respect to goods from Canada or Mexico. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Administering authority.--The term ``administering authority'' has the meaning given such term by section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)). (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992.
Emergency Lumber Act of 1995 - Impose s a 25 percent ad valorem duty on imported Canadian wood and lumber products. Requires the administering authority to initiate a countervailing duty investigation with respect to such products. Declares that the President is authorized to negotiate with free trade area countries for the purpose of entering into an agreement to modify certain terms of the North American Free Trade Agreement (NAFTA) and the United States-Canada Free-Trade Agreement to provide: (1) that the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving their merchandise; and (2) that such determinations shall be subject to judicial review in the same manner as determinations made with respect to non-free trade area countries. Declares further that: (1) such negotiations shall not affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (2) if an agreement has been entered into pursuant to such negotiations, the President shall submit implementing legislation to the Congress. Extends "fast track" procedures to such legislation. Applies the requirements of this Act to goods from Canada or Mexico.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promotion and Expansion of Private Employee Ownership Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) on January 1, 1998--nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ``ESOP'') was created--employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 (Public Law 104- 188); (2) with the passage of the Taxpayer Relief Act of 1997 (Public Law 105-34), Congress designed incentives to encourage businesses to become ESOP-owned S corporations; (3) since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services; (4) while estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account; (5) recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies; (6) studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity; (7) under the Small Business Act (15 U.S.C. 631 et seq.) and the regulations promulgated by the Administrator of the Small Business Administration, a small business concern that was eligible under the Small Business Act for the numerous preferences of the Act is denied treatment as a small business concern after an ESOP acquires more than 49 percent of the business, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP; and (8) it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION. (a) In General.--Subparagraph (A) of section 1042(c)(1) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``domestic C corporation'' and inserting ``domestic corporation''. (b) Effective Date.--The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. SEC. 4. DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE. (a) Establishment Required.--Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. (b) Duties of the Office.--The S Corporation Employee Ownership Assistance Office shall provide-- (1) education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations; and (2) technical assistance to assist S corporations in sponsoring employee stock ownership plans. SEC. 5. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 45 as section 46; and (2) by inserting after section 44 the following: ``SEC. 45. EMPLOYEE STOCK OWNERSHIP PLANS. ``(a) Definitions.--In this section-- ``(1) the term `ESOP' means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, as amended; and ``(2) the term `ESOP business concern' means a business concern that was a small business concern eligible for a loan or to participate in a contracting assistance or business development program under this Act before the date on which more than 49 percent of the business concern was acquired by an ESOP. ``(b) Continued Eligibility.--In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP.''. (b) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act.
Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP). Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Generator Safety Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2) In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 2000 through 2006, at least 260 carbon monoxide poisoning deaths related to portable generator use were reported to the Consumer Product Safety Commission. In the last three months of 2006 alone, 32 carbon monoxide deaths were linked to generator use. (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4) Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. (5) On January 4, 2007, the Consumer Product Safety Commission adopted certain labeling standards for portable generators (section 1407 of title 16, Code of Federal Regulations), but such standards do not go far enough to reduce substantially the potential harm to consumers. (6) The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death. SEC. 3. SAFETY STANDARD: REQUIRING EQUIPMENT OF PORTABLE GENERATORS WITH CARBON MONOXIDE INTERLOCK SAFETY DEVICES. Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that-- (1) detects the level of carbon monoxide in the areas surrounding such portable generator; and (2) automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people. SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1) Warning labels.--Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label in both English and Spanish on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ``DANGER'' printed in a large font that is no smaller than 1 inch tall, and shall include the following information, at a minimum, presented in a clear manner: (A) Indoor use of a portable generator can kill quickly. (B) Portable generators should be used outdoors only and away from garages and open windows. (C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2) Pictogram.--Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ``POISONOUS GAS'' and visually depicts the harmful effects of breathing carbon monoxide. (3) Instruction manual.--The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B) A warning that people cannot smell, see, or taste carbon monoxide. (C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D) An instruction never to operate portable generators inside homes, garages, sheds, or other semi- enclosed spaces, even if a person runs a fan or opens doors and windows. (E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor. SEC. 5. PUBLIC OUTREACH. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall establish a program of public outreach to inform consumers of the dangers associated with the emission of carbon monoxide from portable generators. (b) Time.--The program required by subsection (a) shall place emphasis on informing consumers of the dangers described in such subsection during the start of each hurricane season.
Portable Generator Safety Act of 2007 - Instructs the Consumer Product Safety Commission (CPSC) to promulgate consumer product safety rules requiring that every portable generator sold to the public for purposes other than resale be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding the generator and automatically turns off power to it before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people. Requires the CPSC to issue consumer product safety rules requiring that every such portable generator: (1) prominently display a permanently affixed warning label in English and Spanish regarding the carbon monoxide hazard posed by its incorrect use, including the word "DANGER" printed in a large font; and (2) have affixed to it a large pictogram which clearly states "POISONOUS GAS" and visually depicts the harmful effects of breathing carbon monoxide. Requires a program of public outreach to inform consumers of the dangers associated with the emission of carbon monoxide from portable generators, with an emphasis on doing so during the start of each hurricane season.
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SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER SUPPLY AND STORAGE COMPANY. (a) In General.--If the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, offer to transfer all their right, title, and interest in and to lands described in subsection (b), the Secretary of Agriculture shall, not later than 1 year after the date of the city's and company's offer, in exchange for the property, transfer to the city and to the company, as the city and the company, respectively, shall designate, all right, title, and interest of the United States in and to the Federal land described in subsection (c). (b) City and Company Lands.-- (1) In general.--The city and company lands to be exchanged under this section are the lands described in paragraph (2) that are depicted on maps entitled ``Rockwell Ranch Property Land Exchange'', ``Timberline Lake Property'', and ``Cameron Pass Lands'' dated February 7, 1997. (2) Acreage.-- (A) Rockwell ranch property.--The Rockwell Ranch property is comprised of 4 parcels containing approximately 520 acres of land. (B) Timberline lake property.--The Timberline Lake Property is a parcel of approximately 10 acres located in the Comanche Peak Wilderness. (C) Cameron pass lands.--The Cameron Pass Lands consist of 2 parcels totaling approximately 178 acres owned by The Water Supply and Storage Company. (3) Quit claim deed.--The land described in paragraph (2)(B) shall be conveyed by quit claim deed for the purposes of eliminating any title conflict between the city of Greeley and the United States in regard to the land. (4) Availability of maps.--The maps described in paragraph (1) shall be on file and available for public inspection in the office of the Supervisor of the Arapaho National Forest and Roosevelt National Forest in Fort Collins, Colorado. (c) Federal Lands.-- (1) In general.--The Federal lands to be exchanged under this section are the lands depicted on the maps described in subsection (b) as ``Federal Exchange Lands''. (2) Acreage.--The total area of Federal land to be exchanged is approximately 1,176 acres, including approximately 447 acres occupied by the city and the company under perpetual easements of the United States Department of the Interior, Nos. D-028135 and D-029149. (3) Land included.--The Federal land to be exchanged includes the following: (A) All Federal land within the high water contour lines (that is, the elevation of the dam crest) of the following reservoirs: Barnes Meadow, Chambers Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson Lake, and Twin Lakes, together with their dams and structures. (B) A surcharge and operational access area around each reservoir consisting of an average 50-foot horizontal projection from the high water line and an average 100-foot horizontal projection from the outer perimeter of all dams, and appurtenant structures (including outlets, measuring devices, spillways, wasteways, toe drains, canals, abutments, and the Peterson Lake operations cabin), as generally depicted on the maps described in subsection (b), the access area to the east of Long Draw Reservoir being limited to the extent necessary to convey only the land within the boundary of a national forest. (C) The Federal land that would be occupied by an enlargement of Seaman Reservoir to an approximate capacity of 43,000 acre feet (but not to exceed 50,000 acre feet), including an average 50-foot horizontally projected buffer zone around the enlarged water line and structures and an 80-acre parcel of Federal land south of Seaman Reservoir potentially required for a downstream damsite on the North Fork of the Cache la Poudre River, as generally depicted on the maps described in subsection (b). SEC. 2. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND EXCHANGE. (a) Processing.--The land exchange under section 1 shall be processed in accordance with Forest Service Land Exchange Regulations in subpart A of part 254 of title 36, Code of Federal Regulations, subject to section 1 and the terms and conditions stated in subsection (b). (b) Terms and Conditions.-- (1) Easements.--The United States shall-- (A) grant perpetual access easements to the city of Greeley, Colorado, and to The Water Supply and Storage Company to the land conveyed by the United States under section 1; and (B) reserve easements for all designated roads and trails crossing any Federal land to be conveyed that are necessary to ensure public access to adjoining national forest land. (2) Accessibility.--The city of Greeley, Colorado, and The Water Supply and Storage Company shall continue to make accessible to visitors to the Roosevelt National Forest, under rules and restrictions determined by the city and the company, Chambers Reservoir, Long Draw Reservoir, Peterson Reservoir, Barnes Meadow Reservoir, Comanche Reservoir, Seaman Reservoir, and Twin Lakes Reservoir. (3) Special use permits and easements.--All special use permits and easements and other instruments authorizing occupancy of the Federal land described in section 1(c) are rescinded on completion of the exchange. (4) Instream flow requirements.-- (A) Joint operations plan.--The conditions specified in the easements granted on December 28, 1994, and January 4, 1995, for Long Draw Reservoir, Peterson Lake Reservoir, and Barnes Meadow Reservoir requiring a joint operations plan providing instream winter flows to the mainstream of the Cache la Poudre River from Chambers Lake and Barnes Meadow Reservoir shall continue to be fulfilled regardless of land ownership unless the grantor and grantee of an easement agree otherwise. (B) Rockwell ranch property.-- (i) In general.--On completion of the land exchange, the city of Greeley's \1/2\ interest in the rights associated with the Rockwell Ranch property described in clause (ii) shall be dedicated to the Colorado Water Conservation Board in perpetuity for the instream flow program of the State of Colorado. (ii) Rights.--The rights described in this subparagraph are the rights in Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68 c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting from the South Fork of the Cache la Poudre River, and its tributaries, Little Beaver Creek, and the North Fork of Little Beaver Creek, all with the appropriation date of December 31, 1888. (C) No additional conditions, consultations, or mitigation.--No conditions, consultations, or mitigation (including instream or bypass flow requirements) in addition to those described in this Act shall be required as a condition of the land exchange. (5) Water rights.--Except as provided in paragraph (4)(B), the land exchange does not include any water right owned by the city of Greeley, Colorado, or The Water Supply and Storage Company. (6) Conveyance of federal land.-- (A) In general.--The Federal land to be exchanged shall be conveyed to the city of Greeley, Colorado, and to The Water Supply and Storage Company by means of a land exchange deed issued by an authorized officer of the Forest Service. (B) Surveys.--Notwithstanding any other provision of law, the Secretary of Agriculture may conduct and approve all cadastral surveys that are necessary for completion of the exchange. (7) Equal value.--The values of the lands exchanged between the United States and the city of Greeley, Colorado, and The Water Supply and Storage Company are deemed to be of approximately equal value, without need for a cash equalization payment. (8) New holdings.-- (A) In general.--It is recognized that the conveyance of certain portions of Federal land to the city of Greeley, Colorado, and The Water Supply and Storage Company will create new holdings in otherwise consolidated areas of Federal ownership. (B) Notification.--If the city of Greeley, Colorado, or The Water Supply and Storage Company decides to permanently discontinue reservoir operations on any of the properties acquired through the exchange, the Forest Supervisor of the Arapaho National Forest and Roosevelt National Forest shall be advised of the intent to perform nonreconstructive breaching of the dam for purposes of permanently terminating reservoir operations. (C) Opportunity to reacquire.--On notification under subparagraph (B), the Forest Service shall be afforded the opportunity, for a period not to exceed 1 year, to reacquire property at fair market value or exchange or on such other terms and conditions as may be agreed to by the parties concerned. (9) Development.-- (A) Finding.--Congress finds that the Federal land to be exchanged, with the exception of the Seaman Reservoir enlargement area and potential new damsite below Seaman Reservoir on the North Fork of the Cache la Poudre River, are fully developed and authorized for occupancy by the city of Greeley, Colorado, and The Water Supply and Storage Company. (B) No further inventory or consultation.--The land exchange may be completed without further inventory or consultation under the National Historic Preservation Act (16 U.S.C. 470 et seq.). (C) Enlargement.--If the city of Greeley, Colorado, seeks enlargement of Seaman Reservoir or construction of a new dam on the North Fork of the Poudre River below Seaman Reservoir for a Seaman Reservoir Enlargement, the site shall be subject to all Federal laws (including regulations) applicable at the time of proposed construction. (10) Easement for use of cabin.-- (A) In general.--The Chief of the Forest Service shall grant a 20-year easement to the city of Greeley, Colorado, for use of the cabin, in existence on the date of enactment of this Act, in the north half of the southwest quarter of Section 30, Township 8 North, Range 72 West. (B) Allowed uses.--The easement shall allow the use of the cabin and other improvements and access to the forest land nearby. (C) Access road.--The access road shall be available for city employees to have access to the cabin for recreational purposes and to the Forest Service for administrative purposes. (11) Easement for use of land.-- (A) In general.--The Chief of the Forest Service shall grant a 20-year easement to the city of Greeley, Colorado, for use of approximately 1 acre of land under the cabin, in existence on the date of enactment of this Act, in the vicinity of Jacks Gulch Campground on Pingree Road. (B) Allowed uses.--The easement shall include the administrative use of the access road to the cabin and the reservation of the use of the cabin to persons permitted under the special use permit in effect on the date of enactment of this Act. SEC. 3. ADMINISTRATION OF LAND ACQUIRED BY THE UNITED STATES. (a) In General.--The land acquired by the United States under section 1 shall be added to and administered as part of the Roosevelt National Forest. (b) Wilderness.--The portions of the land located within a wilderness area shall be added to and administered as part of the wilderness area. SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND ROOSEVELT NATIONAL FOREST. (a) Modification.-- (1) In general.--In order to provide for more efficient administration of certain Federal lands adjoining the Arapaho National Forest and Roosevelt National Forest-- (A) the exterior boundary of the Arapaho National Forest is modified as shown on the map entitled ``Boundary Modification, Arapaho National Forest''; and (B) the exterior boundary of the Roosevelt National Forest is modified as shown on the map entitled ``Boundary Modification, Roosevelt National Forest''. (2) Public availability.--The maps described in paragraph (1) and a legal description of the boundary changes shall be on file and available for public inspection in the office of the Chief of the Forest Service and appropriate field offices of the Forest Service. (b) Administration.--All Federal land brought within the boundary of the Arapaho National Forest and the Roosevelt National Forest by this Act as a result of the land exchange under section 1 shall be added to the Arapaho National Forest and the Roosevelt National Forest, respectively, and administered in accordance with the laws (including regulations) and other rules applicable to the National Forest System. (c) Availability of Certain Lands.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of each of the Arapaho National Forest and the Roosevelt National Forest, as modified by this section, shall be treated as if it were the boundary of each forest, respectively, as of January 1, 1965.
Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, if the city and the company offer to transfer specified lands to the United States (Rockwell Ranch and Timberline Lake properties and specified company lands). Specifies exchange terms and conditions, including that: (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified reservoirs accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements, or other instruments authorizing occupancy of certain identified Federal lands are rescinded; and (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow Reservoir shall continue to be fulfilled regardless of land ownership unless the grantor and grantee of an easement agree otherwise. Directs that lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest and the portions of such lands located within a wilderness area shall be added to such area. Modifies the boundaries of the Arapaho and Roosevelt National Forests.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Digital Tech Corps Act of 2001''. (b) Findings.--Congress finds that-- (1) unless action is taken soon, there will be a crisis in government's ability to deliver essential services to the American people; (2) by 2006, over 50 percent of the Federal Government's information technology workforce will be eligible to retire, creating a huge demand in government for high-skill workers; (3) despite a 44 percent decrease in the demand for information technology workers in the private sector, the Information Technology Association of America reports that employers will need to fill over 900,000 new information technology jobs and will be unable to find qualified workers for 425,000 of those jobs; (4) to highlight the urgency of this situation, in January 2001, the General Accounting Office added the Federal Government's human capital management to its list of high-risk problems for which an effective solution must be found; (5) despite efforts to increase flexibility in Federal agencies' employment practices, compensation issues continue to severely restrain recruitment for Government agencies; (6) failures in the Federal Government employment process are accelerating efforts by agencies to implement outsourcing as a short-term solution to skill gaps, further unbalancing efforts to reach the proper government versus contractor mix of management and skills; and (7) an effective, efficient, and economical response to this crisis would be to create a vibrant, ongoing exchange effort designed to share talent, expertise, and advances in management between leading-edge businesses and government agencies engaged in best practices. SEC. 2. INFORMATION TECHNOLOGY EXCHANGE PROGRAM. (a) In General.--Subpart B of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 37--INFORMATION TECHNOLOGY EXCHANGE PROGRAM ``Sec. ``3701. Definitions. ``3702. General provisions. ``3703. Assignment of employees to private sector organizations. ``3704. Assignment of employees from private sector organizations. ``3705. Authority of the Office of Personnel Management. ``Sec. 3701. Definitions ``For purposes of this chapter-- ``(1) the term `agency' means an Executive agency, but does not include the General Accounting Office; ``(2) the term `detail' means-- ``(A) the assignment or loan of an employee to a private sector organization without a change of position from the agency by which the individual is employed; and ``(B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the private sector organization that employs the individual; and ``(3) the term `transfer' means the change of position by an employee from an agency to a private sector organization or from a private sector organization to an agency. ``Sec. 3702. General provisions ``(a) On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an eligible employee of the agency to a private sector organization or an eligible employee of a private sector organization to the agency. An eligible employee is an individual employed at the GS-12 level or above (or equivalent) who-- ``(1) works in the field of information technology management ``(2) is considered an exceptional performer by the individual's current employer; and ``(3) is expected to assume increased information technology management responsibilities in the future. An employee of an agency shall be eligible to participate in this program only if the employee is serving under a career or career- conditional appointment or an appointment of equivalent tenure in the excepted service. ``(b) Each agency that exercises its authority under this chapter shall establish a plan for implementing this authority. The plan shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee's assignment. In the case of an employee of the agency, the agreement shall-- ``(1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and ``(2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States. ``(c) Assignments may be terminated by the agency or private sector organization concerned for any reason at any time. ``(d) Assignments under this chapter shall be for 1 year and may be extended for an additional period not to exceed 1 year. ``(e) The Chief Information Officers Council, by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program. ``Sec. 3703. Assignment of employees to private sector organizations ``(a) An employee of an agency may be assigned to a private sector organization under this chapter either-- ``(1) as a detail to a regular work assignment; or ``(2) as a transfer to the private sector organization. ``(b) Notwithstanding any other provision of law, an employee assigned under subsection (a) is entitled-- ``(1) to receive supplemental pay from the agency in the amount equal to the difference between the rate paid by the organization to which detailed or transferred and the rate of basic pay (including locality pay, where applicable, subject to regulations of the Office of Personnel Management) payable for the employee's Federal position, if the latter is greater; ``(2) in the case of an employee who is detailed under subsection (a)(1), to credit for the period of assignment under this chapter toward periodic step increases, retention, and leave accrual; ``(3) to retain coverage, rights, and benefits under chapters 87 and 89, if necessary employee deductions and agency contributions for the period of the assignment are currently deposited in the Employees' Life Insurance Fund and the Employees Health Benefits Fund, respectively, and the period of the assignment is deemed service as an employee under chapters 87 and 89; ``(4) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of assignment are currently deposited in the system's fund; and the period of the assignment is deemed creditable under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for Federal employees if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the private sector organization; and ``(5) to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, but if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. During the employee's assignment to the private sector organization, the agency from which the employee is detailed or transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee. ``(c) The detail of an employee of an agency under subsection (a)(1) may be made with or without reimbursement by the private sector organization for the travel and transportation expenses to or from the place of assignment, subject to the same terms and conditions that apply with respect to an employee of a Federal agency or a State or local government under section 3375, and for the pay, or supplemental pay, or any part thereof of the employee during assignment. Any reimbursements shall be credited to the appropriation of the agency used for paying the travel and transportation expenses or pay. ``(d) An employee assigned on detail under subsection (a)(1) remains an employee of the agency from which detailed. The Federal Tort Claims Act and any other Federal tort liability statute apply to the employee. The supervision of the duties of an employee on detail may be governed by an agreement between the agency and the organization to which detailed. ``(e)(1) Notwithstanding any other provision of law, an employee detailed under subsection (a)(1) is entitled to accrue annual and sick leave to the same extent as if the employee had continued working in the position from which detailed. ``(2) An employee who transfers to a private sector organization under subsection (a)(2) may elect to retain credit for all accumulated and currently accrued annual leave to which entitled at the time of transfer which otherwise would be liquidated by a lump-sum payment. At the employee's request at any time before returning to the agency, the employee shall be paid for the annual leave retained. Upon completion of the assignment under this chapter, the agency shall restore the employee's sick leave account to its status at the time of transfer. ``Sec. 3704. Assignment of employees from private sector organizations ``(a) Notwithstanding any other provision of law, an employee of a private sector organization who is assigned to an agency under section 3702(a) may be-- ``(1) transferred to the agency and appointed without regard to the provisions of this title governing appointment in the competitive service for the period of assignment; or ``(2) detailed to the agency. ``(b) An individual appointed under subsection (a)(1) is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 or other applicable law, and is deemed an employee of the agency for all purposes except-- ``(1) subchapter III of chapter 83, chapter 84, or other applicable retirement system; ``(2) chapter 87; and ``(3) chapter 89 or other applicable health benefits system unless the appointment results in the employee's loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by the private sector organization. The exceptions set forth in paragraphs (1) through (3) shall not apply to non-Federal employees who are covered by chapters 83, 84, 87, and 89 by virtue of their non-Federal employment immediately before appointment under subsection (a)(1). ``(c) An employee of a private sector organization who is detailed to an agency under subsection (a)(2)-- ``(1) is not entitled to pay from the agency, except to the extent that the pay for the position to which detailed (including locality pay, where applicable) exceeds the pay the individual was receiving from the private sector organization immediately before the detail; ``(2) may continue to receive pay and benefits from the private sector organization from which he is detailed; ``(3) is deemed an employee of the agency for the purposes of-- ``(A) chapter 73, except for section 7353(a)(1); ``(B) sections 203, 205, 207, 208, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; ``(C) sections 1343, 1344, and 1349(b) of title 31; ``(D) the Federal Tort Claims Act and any other Federal tort liability statute; ``(E) the Ethics in Government Act of 1978 (5 U.S.C. App.); ``(F) section 1043 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1043); and ``(G) section 27(p)(8) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(p)(8)); and ``(4) is subject to such regulations as the President may prescribe. The supervision of an employee who is detailed under subsection (a)(2) may be governed by agreement between the agency and the private sector organization concerned. A detail under subsection (a)(2) may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems. ``(d) If a private sector organization fails to continue the employer's contribution to private sector retirement, life insurance, and health benefit plans for an individual who is appointed in an agency under this section, the employer's contributions covering the period of the assignment may be made from the appropriations of the agency concerned. ``(e) A private sector employee who is given an assignment in an agency under subsection (a) and who suffers disability or dies as a result of personal injury sustained while performing duties during the assignment shall be treated, for the purpose of subchapter I of chapter 81, as an employee as defined by section 8101 who had sustained the injury in the performance of duty, except that if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. ``Sec. 3705. Authority of the Office of Personnel Management ``The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 35 the following: ``37. Information Technology Exchange Program.''. SEC. 3. ALLOWABILITY OF COSTS. Within 120 days after the enactment of this Act, the Federal Acquisition Regulations Council shall amend the Federal Acquisition Regulation to recognize the costs associated with an employee's participation in the program authorized by section 2 as allowable training and education costs. Such costs-- (1) include the employee's salary and fringe benefits for a period not to exceed the period of the employee's assignment under the program authorized by section 2, as well as moving and travel expenses; and (2) may be treated, for accounting purposes-- (A) as an indirect cost and accounted for in-- (i) an established overhead account; or (ii) an overhead account established specifically for the program authorized by section 2 and allocated exclusively to the contractor's Federal Government contracts; or (B) as a direct cost chargeable to fixed price or time and material contracts. SEC. 4. CONFORMING AMENDMENTS. (a) Title 5, United States Code, is amended-- (1) in section 3111 by adding at the end the following: ``(d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.''; and (2) in section 4108 by striking subsection (d). (b) Section 125(c)(1) of Public Law 100-238 (5 U.S.C. 8432 note) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(D) an individual assigned from a Federal agency to a private sector organization under chapter 37 of title 5, United States Code; and''.
Digital Tech Corps Act of 2001 - Establishes an information technology exchange program between the Government and the private sector. Provides for one-year assignments of executive agency information technology management employees to private sector organizations, and of private sector information technology management employees to executive agencies.Sets forth administrative provisions governing such assignments, including provisions concerning pay, creditable service, life and health insurance coverage, reimbursement, liability, and Federal employee status.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Sovereignty Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the quality of United States letters patent is essential for preserving the technological lead and economic well-being of the United States in the next century; (2) the quality of United States letters patent is highly dependent upon the maintenance and the comprehensiveness of patent examiners' search files; and (3) the quality of United States letters patent is inextricably linked to the professionalism of patent examiners and the quality of the training of patent examiners. SEC. 3. SECURE PATENT EXAMINATION. Section 3 of title 35, United States Code, is amended by adding at the end thereof the following: ``(f) All examination and search duties for the grant of United States letters patent are sovereign functions which shall be performed within the United States by United States citizens who are employees of the United States Government.''. SEC. 4. MAINTENANCE OF EXAMINERS' SEARCH FILES. Section 9 of title 35, United States Code, is amended-- (1) by striking ``may revise and maintain'' and inserting ``shall maintain and revise''; and (2) by adding at the end thereof the following: ``United States letters patent, and all such other patents and printed publications shall be maintained in the examiners' search files under the United States Patent Classification System.''. SEC. 5. PATENT EXAMINER TRAINING. (a) In General.--Chapter 1 of title 35, United States Code, is amended by adding at the end the following new section: ``Sec. 15. Patent examiner training ``(a) In General.--All patent examiners shall spend at least 5 percent of their duty time per annum in training to maintain and develop the legal and technological skills useful for patent examination. ``(b) Trainers of Examiners.--The Patent and Trademark Office shall develop an incentive program to retain as employees patent examiners of the primary examiner grade or higher who are eligible for retirement, for the sole purpose of training patent examiners who have not achieved the grade of primary examiner.''. SEC. 6. ADMINISTRATIVE MATTERS. (a) Limitations on Personnel.--Section 3(a) of title 35, United States Code, is amended by adding at the end thereof the following: ``The Office shall not be subject to any administratively or statutorily imposed limitation on positions or personnel, and no positions or personnel of the Office shall be taken into account for purposes of applying any such limitation.''. (b) Retention of Fees.--(1) Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after the item relating to the National Credit Union Administration, credit union share insurance fund, the following new item: ``Patent and Trademark Office''. (2) Section 10101(b)(2)(B) of the Omnibus Budget Reconciliation Act of 1990 (35 U.S.C. 41 note) is amended by striking ``, to the extent provided in appropriation Acts,'' and inserting ``without appropriation''. (3) Section 42(c) of title 35, United States Code, is amended by amending by striking first sentence and inserting the following: ``Revenues from fees shall be available to the Commissioner to carry out the activities of the Patent and Trademark Office, in such allocations as are approved by Act of Congress. Such revenues shall not be made available for any purpose other than that authorized for the Patent and Trademark Office.''. (c) Compensation of Commissioner.--(1) Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Under Secretary of Commerce and Commissioner of Patents and Trademarks.''. (2) Section 3(d) of title 35, United States Code, is amended to read as follows: ``(d) The Commissioner of Patents and Trademarks shall be an Under Secretary of Commerce.''. (3) Section 5316 of title 5, United States Code, is amended by striking ``Commissioner of Patents, Department of Commerce.''. (d) Use of Fees.--Section 42(c) of title 35, United States Code, is amended by adding at the end thereof the following: ``All patent application fees collected under paragraphs (1), (3)(A), (3)(B), and (4) through (8) of section 41(a), and all other fees collected under section 41 for services or the extension of services to be provided by patent examiners shall be used only for the pay and training of patent examiners.''. (e) Publications.--Section 11 of title 35, United States Code, is amended by adding at the end thereof the following: ``(c) The Patent and Trademark Office shall make available for public inspection during regular business hours all solicitations issued by the Office for contracts for goods or services, and all contracts for goods or services entered into by the Office. ``(d) Notice of a proposal to change United States patent law that will be made on behalf of the United States to a foreign country or international body shall be published in the Federal Register before, or at the same time as, the proposal is transmitted.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect 30 days after the date of the enactment of this Act.
Patent Sovereignty Act of 1997 - Amends Federal patent law to declare all examination and search duties for the grant of U.S. letters patent to be sovereign functions which shall be performed within the United States by U.S. citizens who are Government employees. Requires (current law authorizes) the Commissioner of Patents and Trademarks to revise and maintain the classification by subject matter of all U.S. letters patent. Requires such patents, and all such other patents and printed publications, to be maintained in the examiners' search files under the U.S. Patent Classification System. Requires all patent examiners to spend at least five percent of their annual duty time in training to maintain and develop legal and technical skills useful for patent examination. Directs the Patent and Trademark Office (Office) to develop an incentive program to retain patent examiners of primary examiner grade or higher to train other patent examiners who have not achieved such grade. Prohibits the Office from being subject to any administratively or statutorily imposed limitations on positions or personnel. Allows patent fees to be retained by the Office to carry out its activities, including the training of patent examiners, in such allocations as approved by the Congress. Requires the Office to make public all Office solicitations for goods and services, as well as all such contracts entered into by the Office. Requires publication in the Federal Register of notice of a proposal to change U.S. patent law that will be made on behalf of the United States to a foreign country or international body.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Fee Reform Act of 1997''. SEC. 2. ELECTRONIC FUND TRANSFER FEE DISCLOSURES AT ANY HOST ATM. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended-- (1) by striking ``(d) In the event'' and inserting ``(d) Applicability to Service Providers Other Than Certain Financial Institutions.-- ``(1) In general.--In the event''; and (2) by adding at the end the following new paragraph: ``(2) Fee disclosures at electronic terminals.-- ``(A) In general.--The regulations prescribed under paragraph (1) shall require any host electronic terminal operator who imposes a fee on any consumer for providing host transfer services to such consumer to provide notice in accordance with subparagraph (B) to the consumer (at the time the service is provided) of-- ``(i) the fact that a fee is imposed by such operator for providing the service; and ``(ii) the amount of any such fee. ``(B) Notice requirements.--The notice required under subparagraph (A) with respect to any fee described in such subparagraph shall-- ``(i) be posted in a prominent and conspicuous location on or at the electronic terminal at which the electronic fund transfer is initiated by the consumer; and ``(ii) appear on the screen of the electronic terminal, or on a paper notice issued from the terminal, after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. ``(C) Prohibition on fees not properly disclosed and explicitly assumed by consumer.--No fee may be imposed by any host electronic terminal operator in connection with any electronic fund transfer initiated by a consumer for which a notice is required under subparagraph (A), unless-- ``(i) the consumer receives such notice in accordance with subparagraph (B); and ``(ii) the consumer elects to continue in the manner necessary to effect the transaction after receiving such notice. ``(D) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Electronic fund transfer.--The term `electronic fund transfer' includes a transaction which involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction. ``(ii) Host electronic terminal operator.-- The term `host electronic terminal operator' means any person who-- ``(I) operates an electronic terminal at which consumers initiate electronic fund transfers; and ``(II) is not the financial institution which holds the account of any such consumer from which the transfer is made. ``(iii) Host transfer services.--The term `host transfer services' means any electronic fund transfer made by a host electronic terminal operator in connection with a transaction initiated by a consumer at an electronic terminal operated by such operator.''. SEC. 3. DISCLOSURE OF POSSIBLE FEES TO CONSUMERS WHEN ATM CARD IS ISSUED. Section 905(a) of the Electronic Fund Transfer Act (12 U.S.C. 1693c(a)) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by inserting after paragraph (9) the following new paragraph: ``(10) a notice to the consumer that a fee may be imposed by-- ``(A) a host electronic terminal operator (as defined in section 904(d)(2)(D)(ii)) if the consumer initiates a transfer from an electronic terminal which is not operated by the person issuing the card or other means of access; and ``(B) any national, regional, or local network utilized to effect the transaction.''. SEC. 4. FEASIBILITY STUDY. (a) In General.--The Comptroller General of the United States shall conduct a study of the feasibility of requiring, in connection with any electronic fund transfer initiated by a consumer through the use of an electronic terminal-- (1) a notice to be provided to the consumer before the consumer is irrevocably committed to completing the transaction, which clearly states the amount of any fee which will be imposed upon the consummation of the transaction by-- (A) any host electronic terminal operator (as defined in section 904(d)(2)(D)(ii) of the Electronic Fund Transfer Act) involved in the transaction; (B) the financial institution holding the account of the consumer; (C) any national, regional, or local network utilized to effect the transaction; and (D) any other party involved in the transfer; and (2) the consumer to elect to consummate the transaction after receiving the notice described in paragraph (1). (b) Factors To Be Considered.--In conducting the study required under subsection (a) with regard to the notice requirement described in such subsection, the Comptroller General shall consider the following factors: (1) The availability of appropriate technology. (2) Implementation and operating costs. (3) The competitive impact any such notice requirement would have on various sizes and types of institutions, if implemented. (4) The period of time which would be reasonable for implementing any such notice requirement. (5) The extent to which consumers would benefit from any such notice requirement. (6) Any other factor the Comptroller General determines to be appropriate in analyzing the feasibility of imposing any such notice requirement. (c) Report to the Congress.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress containing-- (1) the findings and conclusions of the Comptroller General in connection with the study required under subsection (a); and (2) the recommendation of the Comptroller General with regard to the question of whether a notice requirement described in subsection (a) should be implemented and, if so, how such requirement should be implemented. SEC. 5. NO LIABILITY IF POSTED NOTICES ARE DAMAGED. Section 910 of the Electronic Fund Transfer Act (15 U.S.C. 1693h) is amended by adding at the end the following new subsection: ``(d) Exception for Damaged Notices.--If the notice required to be posted pursuant to section 904(d)(2)(B)(i) by a host electronic terminal operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(2)(B)(i).''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act to other provisions of law shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.
ATM Fee Reform Act of 1997 - Amends the Electronic Fund Transfer Act to mandate fee disclosures at the time of service by any host electronic terminal operator which imposes a fee for providing host transfer services to a consumer. Mandates disclosure at the time the consumer contracts for electronic fund transfer services that fees may be imposed for initiating electronic fund transfers from an electronic terminal which is not operated by the issuer of the consumer's access card. Requires the Comptroller General to study the feasibility of requiring specified fee disclosures before the consumer is irrevocably committed to completing any electronic fund transfer by means of an electronic terminal.
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SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Online Investor Protection Act of 1999''. (b) Definitions.--In this Act-- (1) the term ``Commission'' means the Securities and Exchange Commission; (2) the term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; (3) the term ``interactive computer service'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (4) the term ``investment adviser'' has the same meaning as in section 202 of the Investment Advisers Act of 1940; (5) the term ``investment company'' has the same meaning as in section 3 of the Investment Company Act of 1940; (6) the term ``registered broker or dealer'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (7) the term ``retail investor'' means-- (A) any investor other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and (B) any other similar person or class of persons, as the Commission determines to be appropriate. SEC. 2. ONLINE TRADING DISCLOSURES. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 35A the following: ``SEC. 35B. ONLINE TRADING DISCLOSURES. ``(a) In General.--Each online broker or dealer shall, on a quarterly basis, make available on the Internet or other interactive computer service, such information as the Commission may require, by rule or order, taking into account the needs of customers, and in such format and within such time periods as the Commission may prescribe regarding-- ``(1) the date, time, and duration of any system outage or other event that prevented or materially delayed the execution of online securities transactions during the preceding quarter; ``(2) any steps taken to address or prevent such outages or events; and ``(3) information regarding limiting risk of loss to securities investors that is unique to online trading, as required by the Commission, by rule or order. ``(b) Exceptions.--The Commission, by rule or order, may exempt from the requirements of subsection (a) any online broker or dealer, or class of online brokers or dealers, as the Commission determines to be appropriate. ``(c) Definitions.--In this section-- ``(1) the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; ``(2) the term `interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; ``(3) the term `online broker or dealer' means any broker or dealer that provides retail investors with a means to effect securities transactions over the Internet or an interactive computer service; ``(4) the term `online securities transaction' means a securities transaction effected between a retail investor and an online broker or dealer over the Internet or an interactive computer service; and ``(5) the term `retail investor' means-- ``(A) any customer of an online broker or dealer, other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and ``(B) any other similar person or class of persons, as the Commission determines to be appropriate, by rule or order.''. SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET. (a) In General.--Section l5A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting the following: ``(i) Obligation To Maintain Disciplinary and Other Data.-- ``(1) Maintenance of system to respond to inquiries.--A registered securities association shall-- ``(A) establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving its members and associated persons of those members; and ``(B) promptly respond to such inquiries. ``(2) Recovery of costs.--A registered securities association may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--A registered securities association shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (b) Records and Reports of Investment Advisers.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by striking ``Every investment'' and inserting the following: ``(a) In General.--Every investment''; and (2) by adding at the end the following: ``(b) Filing Depositories.--The Commission, by rule or order, may require an investment adviser-- ``(1) to file with the Commission any fee, application, report, or notice required to be filed by this title or the rules issued under this title through any entity designated by the Commission for that purpose; and ``(2) to pay the reasonable costs associated with such filing and the establishment and maintenance of the systems required by subsection (c). ``(c) Access to Disciplinary and Other Information.-- ``(1) Maintenance of system to respond to inquiries.--The Commission shall require an entity designated by the Commission pursuant to subsection (b)(1)-- ``(A) to establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving investment advisers and persons associated with investment advisers; and ``(B) to respond promptly to such inquiries. ``(2) Recovery of costs.--An entity designated under subsection (b)(1) may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--An entity designated under subsection (b)(1) shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (c) Conforming Amendments.-- (1) In general.--Section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) is amended-- (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Repeal.--Section 306 of the National Securities Markets Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is repealed. SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION. (a) Electronic Links.--Not later than 1 year after the date of enactment of this Act, each broker or dealer, investment company, and investment adviser that effects securities transactions with retail investors, or makes securities market information available to retail investors for the purpose of effecting such transactions over the Internet or other interactive computer service, shall provide to those investors information regarding investor education and fraud prevention provided by the Commission, through a hypertext link to a Commission website established for that purpose, or in such other manner as may be prescribed by the Commission. (b) Regulatory Action.--The Commission shall issue final regulations to implement this section not later than 6 months after the date of enactment of this Act. SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS. (a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the Act or omission resulting in a violation referred to in paragraph (1) the amount of the penalty provided for in this paragraph shall be doubled.''. (b) Securities Exchange Act of 1934.-- (1) Section 21.--Section 21(d)(3)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end the following: ``(iv) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subparagraph (A), the amount of the penalty provided for in this subparagraph shall be doubled.''. (2) Section 21b.--Section 21B(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the following: ``(4) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subsection (a), the amount of the penalty provided for in this subsection shall be doubled.''. (c) Investment Advisers Act of 1940.-- (1) Section 203.--Section 203(i)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (2) Section 209.--Section 209(e)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (d) Investment Company Act of 1940.--Section 9(d)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING. (a) Study.--The Commission shall conduct a study of the effects that trading in securities by retail investors over the Internet or other interactive computer service has on the securities markets, including-- (1) with respect to ``day trading'' activities-- (A) whether a greater risk of fraud exists; (B) whether such trading results in market volatility; (C) the effects on individual companies, the stock of which fluctuates as a result of such volatility, if any; and (D) the effects on investors and their investment patterns resulting from such volatility, if any; and (2) the quality of execution received through online trading services, including the effect of ``payment for order flow'' and other practices on-- (A) the promptness of execution; and (B) the purchase or sale price obtained for the retail investor. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of its study under subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of Internet Enforcement of the Securities and Exchange Commission $70,000,000 for each of fiscal years 2000 through 2004, for the purpose of Internet enforcement and other related investor protection activities, subject to appropriations Acts.
Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members. Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations. Directs the SEC to study and report to Congress on the market impact of online trading. Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Access to Vision Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) Good vision is essential for proper physical development and educational progress in growing children. (2) Many serious ocular conditions are treatable if identified in the preschool and early school-aged years. (3) Early detection of ocular conditions provides the best opportunity for effective, inexpensive treatment and can have far reaching implications for vision. (4) Widespread use of identification methods, whether vision screening programs, or comprehensive eye exams required by State law, will identify children needing services. A child identified through vision screening should receive a comprehensive eye exam followed by subsequent treatment as needed. A child identified through a comprehensive eye exam should receive subsequent treatment as needed. All children identified as needing services should have access to subsequent treatment as needed. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established review process for the purpose of-- (1) providing comprehensive eye examinations for children who have been identified by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9; (2) providing for children subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Certain Provisions Regarding Expenditure of Grant.-- (1) Uses other than comprehensive eye examinations.--A grant under subsection (a) may be expended for the purposes described in paragraphs (2) and (3) of such subsection without regard to whether under paragraph (1) of such subsection the State involved expends the grant to provide comprehensive eye examinations. The Secretary may not disapprove an application under subsection (c), or reduce the amount of the grant, solely on the basis that the State will not expend the grant to provide such examinations. (2) Limitation on grant expenditures.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Definitions.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007 through 2009.
Children's Access to Vision Act of 2005 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states for providing: (1) comprehensive eye examinations for children, with priority given to children under nine years old; (2) subsequent vision treatment or services to correct vision problems; and (3) educational materials to parents, teachers, and health care practitioners on recognizing signs of visual impairment in children. Directs the Secretary to: (1) develop criteria to collect data related to vision assessment and the utilization of follow-up services; and (2) coordinate the grant program with appropriate federal and state child services programs. Requires states to annually submit to the Secretary a program evaluation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraqi Police Service Improvement Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2004, National Security Presidential Directive 36 (NSPD-36) transferred responsibility from the Department of State to the Department of Defense for ``organizing, equipping, and training all Iraqi security forces'' and stated that ``at the appropriate time, the Secretary of State and the Secretary of Defense shall jointly decide when these functions shall transfer to a security assistance organization and other appropriate organizations under the authority of the Secretary of State and the Chief of Mission.''. (2) On May 25, 2007, the Independent Commission on the Security Forces of Iraq, also known as the Jones Commission, was created to assess the readiness of Iraq's military and police forces and report its findings to Congress. (3) The Jones Commission cited progress by the Iraqi Army and the Ministry of Defense but less improvement by the Ministry of Interior, ``whose dysfunction has hampered the police force''. The Jones Commission found the ``Iraqi Police Service is incapable today of providing security at a level sufficient to protect Iraqi neighborhoods from insurgents and sectarian violence'' and stressed that the police are central to the long-term establishment of security in Iraq. (4) The Jones Commission report stated that although ``U.S. military officers rather than senior civilian law enforcement personnel lead the Coalition training effort for the Iraqi Police Service; this arrangement has inadvertently marginalized civilian police advisors and limited the overall effectiveness of the training and advisory effort.''. The Jones Commission recommended that leadership of the Coalition Police Assistance Training Team (CPATT) and the Police Training Teams should be transferred to senior civilian law enforcement professionals. (5) The Jones Commission found the number of civilian international police advisors to be insufficient for the task of training the Iraqi Police Service. (6) The Department of Defense's September 2007 Quarterly Report to Congress on Measuring Stability and Security in Iraq found that the Ministry of Interior and its forces required ``continued advisory support, training and development, and equipping to be able to progressively assume missions from Coalition forces. The efforts of embedded advisors are focused on addressing continued shortcomings in logistics, leadership and budget execution that hamper improvement, and in certain cases, cause regression.''. The advisors also assess and report on the operational readiness of the units they mentor on a monthly basis. (7) The Department of Defense September 2007 Quarterly Report also stated, ``Current funding levels for the IPA [International Police Advisors] program and availability of military assets do not allow for full coverage of the more than 1,100 provincial and local police headquarters and stations in Iraq.''. In the Department of Defense March 2007 Quarterly Report, the Department of Defense stated that ``cost and risk preclude deploying enough PTTs [Police Transition Teams] to cover all of Iraq's police stations; at any time, only 5 of Iraq's 18 provinces have sufficient PTTs . . . Continued PTT presence and participation at Iraqi Police Service stations are needed to improve police readiness and to sustain progress in reforming community policing.''. However, Transition Teams are embedded in the Ministry of Defense, the Joint Headquarters, and with most battalions and brigade and division headquarters. (8) The Department of Defense September 2007 Quarterly Report also stated that there were 238 Police Transition Teams for the Iraqi Police Service, with each team composed of approximately 12-15 members, two to four of whom are civilian Department of State contractors, funded by the Department of Defense's Iraq Security Forces Fund. The remaining members are military personnel. (9) In testimony given to the Subcommittee on Oversight and Investigations of the Committee on Armed Services of the House of Representatives, the Department of State stated that since the Department of Defense assumed responsibility for training the Iraqi Security Forces, the Department of Defense has transferred $1,500,000,000 to the Bureau for International Narcotics and Law Enforcement Affairs (INL) of the Department of State to provide trainers and advisors, including 690 International Police Liaison Officers, who are DynCorp contractors, and who serve as advisors in the field to train and mentor Iraqi Police. (10) At hearings on the Iraqi Security Forces conducted by the Subcommittee on Oversight and Investigations of the Committee on Armed Services of the House of Representatives, several witnesses agreed that there were not enough civilian police advisors for many units of the Iraqi Police Service and that the military advisors lacked the appropriate policing background to appropriately support the community-policing conducted by the Iraqi Police Service. SEC. 3. DEPARTMENT OF STATE RESPONSIBILITY FOR POLICE TRANSITION TEAMS FOR THE IRAQI POLICE SERVICE. (a) Transfer of Responsibility.-- (1) In general.--Notwithstanding National Security Presidential Directive 36 (NSPD-36), not later than 180 days after the date of the enactment of this Act, the Secretary of State shall assume responsibility from the Department of Defense over the Police Training Teams being used in Iraq to provide advisory support, training and development, and equipment for the Iraqi Police Service. (2) Statement of understanding.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to Congress a statement of understanding on command structure, including on the roles and responsibilities of members of the Police Training Teams. (b) Composition of Teams.--The Secretary of State shall ensure that a majority of the members of each Police Training Team consists of qualified civilian advisors, including employees of the Department of State and employees of contractors secured by the Department of State. Not fewer than two members of each Police Training Team shall be police officers or have retired from police service more than two years before becoming members of a Police Training Team. The leader of each Police Training Team shall also be an employee of the Department of State or an employee of a contractor secured by the Department of State. Members of the United States Armed Forces and personnel from other United States Government agencies, including the Department of Justice, may serve on a Police Training Team in a supporting role. (c) Transfer of Funds.--Effective as of the date on which the Secretary of State assumes responsibility from the Department of Defense over the Police Training Teams, all funds made available for the Police Training Teams (currently funded through the Iraq Security Forces Fund of the Department of Defense) and not expended as of that date shall be transferred to the appropriate account for the Bureau for International Narcotics and Law Enforcement Affairs of the Department of State for the purpose of using Police Training Teams to provide advisory support, training and development, and equipment for the Iraqi Police Service. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary for the Department of State to staff Police Training Teams in accordance with the findings of the study under section 4(a). (e) Continued Department of Defense Role.--In addition to members of the Armed Forces serving on Police Training Teams under subsection (b), the Secretary of Defense, at the request of the Secretary of State, shall make available equipment of the Department of Defense for use by the Police Training Teams. The Armed Forces shall continue to provide security for Police Training Teams, in the manner provided for reconstruction teams operating in Iraq. SEC. 4. STUDIES REQUIRED. (a) Staffing for Police Training Teams.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the Government of Iraq and Coalition forces, conduct a study and submit to Congress a report containing the recommendations of the Secretary on-- (1) the number of civilian advisors needed to sufficiently staff enough Police Training Teams to cover a majority of the approximately 1,100 Iraqi police stations; (2) the availability of Department of State personnel and contractors to staff the Police Training Teams; and (3) the funding required to staff the Police Training Teams. (b) Update of IG Assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to Congress an update to the 2005 interagency Department of Defense-Department of State Inspector General Assessment of Iraqi Police Training. SEC. 5. REPORTS ON POLICY IMPLEMENTATION. Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall transmit to Congress a report on the actions that have been taken to implement the requirements of this Act. The report shall specifically identify the status of-- (1) the assumption of responsibility for Police Training Teams by the Department of State; (2) the equipment level of the Iraqi Police Service, including armored vehicles and heavy weaponry, and the advisors on the Police Training Teams assigned to the Iraqi Police Service; (3) the number of civilian police advisors training the Iraqi Police Service; (4) the number of Police Training Teams and the make-up of each team; (5) issues affecting the recruitment of the appropriate number of advisors; (6) the indicators used to measure the effectiveness of advisors; (7) the indicators used to measure the effectiveness of the Iraqi Police Service; and (8) the impact of transferring to the Government of Iraq in 2007 responsibility for the vetting and recruiting of persons for the Iraqi Police Service with respect to the performance of units of the Iraqi Police Service.
Iraqi Police Service Improvement Act of 2008 - Directs: (1) the Secretary of State to assume responsibility from the Department of Defense (DOD) over the Police Training Teams being used in Iraq to provide advisory support, training and development, and equipment for the Iraqi Police Service; (2) the Secretary to ensure that a majority of the members of each Police Training Team consists of qualified civilian advisors, including Department of State employees and contractor employees; and (3) the Secretary and the Secretary of Defense to submit to Congress a statement of understanding on command structure, including the responsibilities of members of the Police Training Teams. States that: (1) in addition to members of the Armed Forces serving on Police Training Teams the Secretary of Defense, at the request of the Secretary, shall make DOD equipment available for the Police Training Teams; and (2) the Armed Forces shall continue to provide security for Police Training Teams.
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SECTION 1. SIMPLIFIED METHOD FOR COMPLYING WITH PENSION REQUIREMENTS. (a) General Rule.--Subpart B of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 417A. SIMPLIFIED METHOD FOR COMPLYING WITH PENSION REQUIREMENTS. ``(a) General Rule.--An employer is entitled to the benefits of this section for any year if-- ``(1) such employer maintains a qualified simplified defined contribution plan during such year, and ``(2) such employer maintains a qualified simplified defined benefit plan during such year. ``(b) Benefits of Section.--If an employer is entitled to the benefits of this section for any year-- ``(1) Increase in permitted compensation.--In applying sections 401(a)(17) and 404(l) to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan, the dollar limitation contained in such sections shall be $200,000. The Secretary shall adjust the $200,000 amount contained in the preceding sentence at the same time and in the same manner as the adjustment under section 401(a)(17)(B). ``(2) Modification of funding rules.-- ``(A) Increase in full funding limitation.--The full funding limitation for the qualified simplified defined benefit plan shall be determined under section 412(c)(7)(A) as if such section did not include subclause (I) of clause (i) thereof. ``(B) Waiver of quarterly contribution requirements.--Section 412(m) shall not apply to the qualified simplified defined benefit plan. ``(3) Waiver of certain discrimination rules.--The requirements of section 401(k)(3) shall be treated as satisfied with respect to any cash or deferred arrangement maintained by the employer during such year and the requirements of section 401(m) shall be treated as satisfied with respect to any plan maintained by the employer during such year. ``(4) Combined limit waived.--The requirements of section 415(e) shall be treated as satisfied with respect to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan. ``(5) Other requirements deemed satisfied.--The requirements of the following provisions shall be treated as satisfied with respect to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan: ``(A) Section 401(a)(4). ``(B) Section 401(a)(26). ``(C) Section 401(l). ``(D) Subsections (a) and (b) of section 410. ``(E) Subsection (b) of section 411. ``(F) Section 416. ``(c) Simplified Defined Contribution Plan.-- ``(1) In general.--A defined contribution plan is a qualified simplified defined contribution plan if-- ``(A) all employees of the employer (not excluded pursuant to paragraph (2)) are eligible to participate in such plan, ``(B) the employer contribution for each year for each participant in the plan is a uniform percentage (which is not less than 3 percent) of such participant's compensation (within the meaning of section 414(s)), ``(C) such plan provides that each employee covered by the plan has a nonforfeitable right to 100 percent of such employee's accrued benefit derived from employer contributions, and ``(D) the balance to the credit of the employee under such plan-- ``(i) except as required by section 401(a)(9), may not be distributed earlier than separation from service, death, or disability, and ``(ii) in the case of any distribution other than by reason of death, such distribution may be made only in the form of-- ``(I) an annuity for the life of the employee (or a joint and survivor annuity as provided in section 417), ``(II) a direct trustee-to-trustee transfer as provided in section 401(a)(31), or ``(III) a distribution to a pension portability clearinghouse (if any) established to accept distributions. ``(2) Certain exclusions permitted.--For purposes of paragraph (1), an employee may be excluded until such employee has completed 6 months of service for the employer. ``(d) Simplified Defined Benefit Plan.-- ``(1) In general.--A defined benefit plan is a qualified simplified defined benefit plan if-- ``(A) all employees of the employer (not excluded pursuant to paragraph (3)) are eligible to participate in such plan, and ``(B) the accrued benefit derived from employer contributions for each participant, when expressed as an annual retirement benefit, is equal to the required benefit determined under paragraph (2). ``(2) Amount of required benefit.-- ``(A) In general.--The required benefit determined under this paragraph is an amount equal to the product of-- ``(i) the plan's qualified accrual rate multiplied by the number of years of service with the employer, and ``(ii) the participant's average compensation for the testing period. ``(B) Qualified accrual rate.--For purposes of subparagraph (A): ``(i) A plan's qualified accrual rate is the uniform accrual rate set forth in such plan so long as such rate exceeds 0.5 percent. ``(ii) A plan may provide that the accrual rate with respect to so much of the participant's average compensation for the testing period as does not exceed covered compensation (as defined in section 401(l)(5)(E)) shall be less than the accrual rate for compensation above covered compensation (as so defined) so long as such difference is not greater than 1 percentage point. Nothing in the preceding sentence shall be construed as permitting an accrual rate of less than 0.5 percent. ``(C) Years of service.--For purposes of this paragraph, years of service shall be determined under the rules of paragraphs (4), (5), and (6) of section 411(a). ``(D) Annual retirement benefit.--For purposes of this paragraph, the term `annual retirement benefit' means a benefit payable annually in the form of a single life annuity (with no ancillary benefits) beginning at the normal retirement age under the plan. ``(E) Testing period.--For purposes of this paragraph-- ``(i) In general.--A participant's testing period shall be the period of years (not less than 3 nor exceeding 5) during which the participant has the greatest aggregate compensation from the employer. ``(ii) Year must be included in year of service.--The years taken into account under clause (i) shall be properly adjusted for years not included in a year of service. ``(3) Excluded employees.--For purposes of this subsection-- ``(A) In general.--The employer may exclude-- ``(i) employees who have not completed 6 months of service, ``(ii) employees who normally work less than 17\1/2\ hours per week, ``(iii) employees who normally work during not more than 6 months during the year, ``(iv) employees who have not attained age 21, and ``(v) employees who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and the employer. ``(B) Employees covered by existing defined benefit plan.--The employer may exclude employees who are covered under another defined benefit plan maintained by the employer if-- ``(i) such plan was in existence on the date of the enactment of this section, and ``(ii) such plan meets the applicable requirements of this part without regard to this section. The employer may exclude employees under the preceding sentence only if all employees described in the preceding sentence are so excluded. ``(C) Special rule.--If accruals under any defined benefit plan referred to in subparagraph (B) cease and the employees covered by such defined benefit plan are covered by another plan which would otherwise qualify under this subsection, such other plan shall not be treated as meeting the requirements of this subsection unless, in determining the annual retirement benefit of each such employee under the plan referred to in subparagraph (B), such employee's average compensation for the testing period (determined by treating such plans as 1 plan) is used. ``(e) Special Rules.-- ``(1) Aggregation rules.--All employees treated as employed by a single employer under subsections (a) and (b) of section 414 shall be so treated for purposes of this section. ``(2) Integration with social security not committed.-- Except as provided in subsection (d)(2)(B), a plan shall not be treated as meeting the requirements of subsection (c) or (d) unless such plan meets such requirements without taking into account contributions or benefits under chapter 2 (relating to tax on self-employment income), chapter 21 (relating to Federal Insurance Contribution Act), title II of the Social Security Act, or any other Federal or State law.'' (b) Clerical Amendment.--The table of sections for subpart B of part I of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 417A. Simplified method for complying with pension requirements.'' SEC. 2. STUDY. (a) General Rule.--The Secretary of Labor and the Secretary of the Treasury shall conduct a joint study on the feasibility of establishing a pension portability clearinghouse to accept rollovers from tax- qualified pension plans as well as to receive tax deductible contributions from employers not maintaining qualified pension plans. Such study shall also determine the feasibility of having participant- directed accounts with various investment options with varying degrees of risk. (b) Report.--Not later than the date 1 year after the date of the enactment of this Act, the Secretaries referred to in subsection (a) shall submit a report to the Congress on the study conducted under subsection (a), together with such recommendations as such Secretaries may deem advisable.
Amends the Internal Revenue Code to modify certain pension requirements to provide a simplified method for compliance. Entitles employers to the benefits of this Act if the employer maintains a qualified simplified defined contribution plan and a qualified simplified defined benefit plan. Directs the Secretary of Labor and the Secretary of the Treasury to conduct a joint study of the feasibility of establishing a pension portability clearinghouse to accept rollovers from tax-qualified pension plans as well as to receive tax deductible contributions from employers not maintaining qualified pension plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Oil Sanctions Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which it shares common strategic and foreign policy objectives. (2) The objective of preventing the proliferation of weapons of mass destruction and international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. SEC. 3. DECLARATION OF POLICY. The Congress declares that it is the policy of the United States to deny Iran the ability to support international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of petroleum resources in Iran. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--Except as provided in subsection (d), the President shall impose one or more of the sanctions described in section 5 on a person subject to this section (in this Act referred to as a ``sanctioned person''), if the President determines that the person has, with actual knowledge, on or after the date of enactment of this Act, made an investment of more than $40,000,000 (or any combination of investments of at least $10,000,000 each, which in the aggregate exceeds $40,000,000 in any 12-month period), that significantly and materially contributed to the development of petroleum resources in Iran. (b) Persons Against Which the Sanctions Are To Be Imposed.--The sanctions described in subsection (a) shall be imposed on any person the President determines-- (1) has carried out the activities described in subsection (a); (2) is a successor entity to that person; (3) is a person that is a parent or subsidiary of that person if that parent or subsidiary with actual knowledge engaged in the activities which were the basis of that determination; and (4) is a person that is an affiliate of that person if that affiliate with actual knowledge engaged in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (c) Publication in Federal Register.--The President shall cause to be published in the Federal Register a current list of persons that are subject to sanctions under subsection (a). The President shall remove or add the names of persons to the list published under this subsection as may be necessary. (d) Exceptions.--The President shall not be required to apply or maintain the sanctions under subsection (a)-- (1) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction; or (2) to medicines, medical supplies, or other humanitarian items. SEC. 5. DESCRIPTION OF SANCTIONS. The sanctions to be imposed on a person under section 4(a) are as follows: (1) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to guarantee, insure, extend credit, or participate in the extension of credit in connection with the export of any goods or services to any sanctioned person. (2) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the exportation of goods and services, or their re-export, to any person designated by the President under section 4(a). (3) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making any loan or providing any credit to any sanctioned person in an amount exceeding $10,000,000 in any 12-month period (or two or more loans of more than $5,000,000 each in such period) unless such person is engaged in activities to relieve human suffering within the meaning of section 203(b)(2) of the International Emergency Economic Powers Act. (4) Prohibitions on financial institutions.--The following prohibitions may be imposed against financial institutions sanctioned under section 4(a): (A) Designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (B) Government funds.--Such financial institution shall not serve as agent of the United States Government or serve as repository for United States Government funds. SEC. 6. ADVISORY OPINIONS. The Secretary of State may, upon the request of any person, issue an advisory opinion, to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. SEC. 7. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER. (a) Delay of Sanctions.-- (1) Consultations.--If the President makes a determination described in section 4(a) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this Act. (2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this Act for up to 90 days. Following such consultations, the President shall immediately impose a sanction or sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President pursuant to section 4(a) concerning such person. (3) Additional delay in imposition of sanctions.--The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the foreign person is in the process of taking the actions described in paragraph (2). (4) Report to congress.--Not later than 90 days after making a determination under section 4(a), the President shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on International Relations of the House of Representatives a report which shall include information on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). (b) Duration of Sanctions..--The requirement to impose sanctions pursuant to section 4(a) shall remain in effect until the President determines that the sanctioned person is no longer engaging in the activity that led to the imposition of sanctions. (c) Presidential Waiver.--(1) The President may waive the requirement in section 4(a) to impose a sanction or sanctions on a person in section 4(b), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 15 days after the President determines and so reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on International Relations of the House of Representatives that it is important to the national interest of the United States to exercise such waiver authority. (2) Any such report shall provide a specific and detailed rationale for such determination, including-- (A) a description of the conduct that resulted in the determination; (B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction of the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination; (C) an estimate as to the significance of the investment to Iran's ability to develop its petroleum resources; and (D) a statement as to the response of the United States in the event that such person engages in other activities that would be subject to section 4(a). SEC. 8. TERMINATION OF SANCTIONS. The sanctions requirement of section 4 shall no longer have force or effect if the President determines and certifies to the appropriate congressional committees that Iran-- (1) has ceased its efforts to design, develop, manufacture, or acquire-- (A) a nuclear explosive device or related materials and technology; (B) chemical and biological weapons; or (C) ballistic missiles and ballistic missile launch technology; and (2) has been removed from the list of state sponsors of international terrorism under section 6(j) of the Export Administration Act of 1979. SEC. 9. REPORT REQUIRED. The President shall ensure the continued transmittal to Congress of reports describing-- (1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 and section 1607 of the National Defense Authorization Act, Fiscal Year 1993; and (2) the support provided by Iran for acts of international terrorism, as part of the Department of State's annual report on international terrorism. SEC. 10. DEFINITIONS. As used in this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Banking and Financial Services and International Relations of the House of Representatives. (2) Financial institution.--The term ``financial institution'' includes-- (A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978); (B) a credit union; (C) a securities firm, including a broker or dealer; (D) an insurance company, including an agency or underwriter; (E) any other company that provides financial services; or (F) any subsidiary of such financial institution. (3) Investment.--The term ``investment'' means-- (A) the entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract; (B) the purchase of a share of ownership in that development; or (C) the entry into a contract providing for participation in royalties, earnings, or profits in that development, without regard to the form of the participation. (4) Person.--The term ``person'' means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity. (5) Petroleum resources.--The term ``petroleum resources'' includes petroleum and natural gas resources. SEC. 11. APPLICATION OF THE ACT TO LIBYA. The sanctions of this Act, including the terms and conditions for the imposition, duration, and termination of sanctions, shall apply to persons making investments for the development of petroleum resources in Libya in the same manner as those sanctions apply under this Act to persons making investments for such development in Iran. Passed the Senate December 20, 1995. Attest: KELLY D. JOHNSTON, Secretary.
Iran Oil Sanctions Act of 1995 - Directs the President to impose certain credit sanctions against persons who, with actual knowledge, have made an investment of more than $40 million in any 12-month period that has significantly contributed to the development of petroleum resources in Iran. Requires the President to publish in the Federal Register a list of persons that are subject to such sanctions. (Sec. 6) Authorizes the Secretary of State, upon the request of any person, to issue an advisory opinion as to whether a proposed activity would subject that person to sanctions under this Act. (Sec. 7) Authorizes waiver of the requirements of this Act if the President reports to specified congressional committees that it is important to U.S. national interest to exercise such waiver. (Sec. 8) Terminates such sanctions if the President certifies to the appropriate congressional committees that Iran: (1) has ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or ballistic missiles or related launch technology; and (2) has been removed from the list of state sponsors of international terrorism. (Sec. 9) Requires the President to report periodically to the Congress on Iran's: (1) nuclear and other military capabilities; and (2) support for acts of international terrorism. (Sec. 11) Declares that the sanctions and requirements of this Act shall also apply to persons making investments for the development of petroleum resources in Libya.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Job Opportunities Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Since the beginning of 2001, the private sector has lost more than 3 million jobs. (2) The number of unemployed has risen in 49 states and national unemployment levels are over 6 percent, the highest in nearly a decade. (3) Today, 9.4 million people are out of work and an additional 4.5 million people work part-time because they are unable to find a full-time job. (4) In addition, by the year 2010 there will be an estimated shortage of 12 million workers with at least some college education. (5) Sixty-eight percent of the fastest growing jobs require at least some college education. (b) Purpose.--It is the purpose of this Act to establish a temporary emergency program to assist workers who have been laid off and who require immediate education and training to successfully re- enter the workforce. SEC. 3. POSTSECONDARY EDUCATION BENEFITS FOR DISLOCATED WORKERS. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is amended by inserting after section 401 (20 U.S.C. 1070a) the following new section: ``SEC. 401A. JOB OPPORTUNITY GRANTS. ``(a) Definitions.--For purposes of this section, the term `eligible unemployed individual' means an individual who-- ``(1) was, on or after March 1, 2001, employed full-time or part-time; ``(2) became unemployed after such date; and ``(3) on the date of application for a grant under this section, has been unemployed for at least 3 months in the preceding 6 months. ``(b) Benefits Authorized.-- ``(1) Program authority and method of distribution.--For each fiscal year through fiscal year 2009, the Secretary shall pay to each eligible institution such sums as may be necessary to pay to each eligible unemployed individual for each academic year during which that individual is in attendance at an institution of higher education, as an undergraduate, a Job Assistance Grant in the amount for which that individual is eligible, as determined pursuant to subsection (c). Not less than 85 percent of such sums shall be advanced to eligible institutions prior to the start of each payment period and shall be based upon an amount requested by the institution as needed to pay eligible unemployed individuals until such time as the Secretary determines and publishes in the Federal Register with an opportunity for comment, an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment. ``(2) Direct payments permitted.--Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to eligible unemployed individuals, in advance of the beginning of the academic term, an amount for which they are eligible, in cases where the eligible institution elects not to participate in the disbursement system required by paragraph (1). ``(3) Name of grants.--Grants made under this section shall be known as `Job Opportunities Grants'. ``(c) Purpose and Amount of Grants.-- ``(1) Purpose.--The Jobs Opportunities Grants program is a temporary emergency program established to assist American workers who have been laid off and who require additional education and training to successfully re-enter the workforce. ``(2) Maximum grants.-- ``(A) In general.--The amount of the Job Assistance Grant for an eligible unemployed individual under this section shall be the sum of the individual's tuition and fees not to exceed for any award year the maximum Pell Grant under section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) for such award year. ``(B) Part time attendance.--In any case where an eligible unemployed individual attends an institution of higher education on less than a full-time basis (including an individual who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Job Assistance Grant to which that student is entitled shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this division, computed in accordance with this section. Such schedule of reductions shall be established by regulation and published in the Federal Register. ``(3) Minimum grant.--No Job Assistance Grant shall be awarded to an individual under this section if the amount of that grant for that student as determined under this subsection for any academic year is less than $400, except that an individual who is eligible for a Job Assistance Grant that is equal to or greater than $200 but less than $400 shall be awarded a Job Assistance Grant of $400. ``(4) Multiple grants.-- ``(A) The Secretary may allow, on a case-by-case basis, an individual to receive 2 Job Opportunities Grants during a single award year, if-- ``(i) the student is enrolled full-time in an associate or baccalaureate degree program of study that is 2 years or longer at an eligible institution that is computed in credit hours; and ``(ii) the student completes course work toward completion of an associate or baccalaureate degree that exceeds the requirements for a full academic year as defined by the institution. ``(B) The Secretary shall promulgate regulations implementing this paragraph. ``(d) Period of Eligibility for Grants.-- ``(1) In general.--The period during which an individual may receive Job Opportunities Grants shall be the 5 academic years. ``(2) Multiple institution grants prohibited.--No student is entitled to receive Job Assistance Grant payments concurrently from more than one institution or from the Secretary and an institution. ``(e) Applications for Grants.--The Secretary shall from time to time set dates by which eligible unemployed individuals shall file applications for Job Opportunities Grants under this section. Each such individual desiring a Job Assistance Grant for any year shall file an application therefor containing such information and assurances as the Secretary may deem necessary to enable the Secretary to carry out the functions and responsibilities of this section. The Secretary shall grant or deny an application for a Job Assistance Grant within 3 months after the date on which it is submitted. ``(f) Distribution of Grants to Students.--Payments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the eligible unemployed individual's account shall be limited to tuition and fees and, in the case of institutionally owned housing, room and board. The student may elect to have the institution provide other such goods and services by crediting the student's account. ``(g) Insufficient Appropriations.--If, for any fiscal year, the funds appropriated for payments under this section are insufficient to satisfy fully all entitlements, as calculated under subsection (c) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level). ``(h) Use of Excess Funds.-- ``(1) If, at the end of a fiscal year, the funds available for making payments under this section exceed the amount necessary to make the payments required under this section to eligible students by 15 percent or less, then all of the excess funds shall remain available for making payments under this section during the next succeeding fiscal year. ``(2) If, at the end of a fiscal year, the funds available for making payments under this section exceed the amount necessary to make the payments required under this section to eligible students by more than 15 percent, then all of such funds shall remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for that fiscal year.''.
21st Century Job Opportunities Act - Amends the Higher Education Act of 1965 to establish a Job Opportunity Grants program of temporary emergency postsecondary education assistance for dislocated workers who have been laid off and who require additional education and training to successfully reenter the workforce. Makes the maximum grant amount equal to the Pell Grant maximum award.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Funding for Abortion Act''. SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS. Title 1 of the United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS ``SEC. 301. PROHIBITION ON FUNDING FOR ABORTIONS. ``No funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for any abortion. ``SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER ABORTION. ``None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``SEC. 303. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION. ``For taxable years beginning after the date of the enactment of this section-- ``(1) no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion, ``(2) for purposes of determining any deduction for expenses paid for medical care of the taxpayer or the taxpayer's spouse or dependents, amounts paid or incurred for an abortion or for a health benefits plan that includes coverage of abortion shall not be taken into account, and ``(3) in the case of any tax-preferred trust or account the purpose of which is to pay medical expenses of the account beneficiary, any amount paid or distributed from such an account for an abortion shall be included in the gross income of such beneficiary. ``SEC. 304. LIMITATION ON FEDERAL FACILITIES AND EMPLOYEES. ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal government; or ``(2) by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``SEC. 305. CONSTRUCTION RELATING TO SEPARATE COVERAGE. ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``SEC. 306. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR HEALTH COVERAGE. ``Nothing in this chapter shall be construed as restricting the ability of any nonfederal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``SEC. 307. NON-PREEMPTION OF OTHER FEDERAL LAWS. ``Nothing in this chapter shall repeal, amend, or have any effect on any other federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``SEC. 308. CONSTRUCTION RELATED TO STATE OR LOCAL LAWS. ``Nothing in this chapter or any other federal law shall be construed to require any State or local government to provide or pay for any abortion or any health benefits coverage that includes coverage of any abortion. ``SEC. 309. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER. ``The limitations established in sections 301, 302, 303, and 304 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of forcible rape, or incest with a minor; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``SEC. 310. APPLICATION TO DISTRICT OF COLUMBIA. ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal government' includes the government of the District of Columbia. ``SEC. 311. NO GOVERNMENT DISCRIMINATION AGAINST CERTAIN HEALTH CARE ENTITIES. ``(a) Nondiscrimination.--A Federal agency or program, and any State or local government that receives Federal financial assistance (either directly or indirectly), may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(b) Health Care Entity Defined.--For purposes of this section, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(c) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection, and coordinate the investigation of such complaints. ``SEC. 312. HEALTH BENEFITS COVERAGE DEFINED. ``In this chapter the term `health benefits coverage' means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.''.
No Taxpayer Funding for Abortion Act - Prohibits: (1) the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law for any abortion or for health benefits coverage that includes coverage of abortion; (2) any tax benefits for amounts paid or incurred for an abortion or for a health benefits plan (including premium assistance) that includes coverage of abortion; and (3) the inclusion of abortion in any health care service furnished by a federal health care facility or by any physician or other individual employed by the federal government. Exempts from such prohibitions an abortion if the pregnancy is the result of rape or incest with a minor, or if the woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, place the women in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. Makes such prohibitions applicable to federal funding within the budget of the District of Columbia. Prohibits federal agencies or programs and states and local governments that receive federal financial assistance from discriminating against any individual or institutional health care entity on the basis that such entity does not provide, pay for, provide coverage of, or refer for abortions. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, and coordinate the investigation of, discrimination complaints.
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SECTION. 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Safety Commission Enhanced Enforcement Act of 2000''. SEC. 2. REPAIR, REPLACEMENT, OR REFUND. (a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or retailer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph(1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever of those actions the manufacturer, distributor, or retailer elects.''. (b) Section 15(b) of the Federal Hazardous Substances Act (15 U.S.C. 1274(b)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.'' (c) Section 15(c)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1274(c)(2)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under subparagraph (A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in subparagraph (A), (B), or (C) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in subparagraph (A), (B), or (C) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.''. SEC. 3. CIVIL PENALTIES. (a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended to read as follows: ``(a) Amount of Penalty.-- ``(1) Any person who knowingly violates section 19 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of paragraph (1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of section 19(a) shall constitute a separate offense with respect to each consumer product involved. A violation of section 19(a)(3) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, and, if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) shall not apply to violations of paragraph (1) or (2) of section 19(a)-- ``(A) if the person who violated such paragraph is not the manufacturer or private labeler or a distributor of the product involved, and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the product violated such paragraph; or ``(ii) notice from the Commission that such distribution or sale would be a violation of such paragraph. ``(3)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. (b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended to read as follows: ``(c) Civil Penalties.-- ``(1) Any person who knowingly violates section 4 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of subsection (a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4 shall constitute a separate offense with respect to each substance involved. A violation of section 4(e) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by section 4(e), and if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of subsection (a) or (c) of section 4-- ``(A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substance involved; and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the substance violated such subsection, or ``(ii) notice from the Commission that such distribution or sale would be a violation of such subsection. ``(3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 4, the Commission shall consider the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged. ``(4) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such compromised penalty or whether it should be remitted or mitigated and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the persons charged, the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. ``(5) As used in the first sentence of paragraph (1), the term `knowingly' means-- ``(A) having actual knowledge, or ``(B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. ``(6)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. SEC. 4. CRIMINAL PENALTIES. (a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070) is amended to read as follows: ``(a) Any person who knowingly violates section 19 shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code). Any person who knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization. ``(b) Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of subsection (a) shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).''. (b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: ``(a) Criminal Penalties.--Any person who violates any of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine under title 18, United States Code, or to imprisonment for not more than one year, or both, if such person is an individual, or to a fine under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code); but for offenses committed willfully, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 3 years, or a fine under title 18, United States Code, or both, if such person is an individual, or a fine under title 18, United States Code, if such person is an organization.''.
Revises civil and criminal penalties, removing the existing cap on the maximum civil penalty that can be assessed to companies that market products in a related series of violations of Federal consumer product safety regulations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Parents' Rights Empowerment and Protection Act'' (PREP Act). SEC. 2. FINDINGS. Congress makes the following findings: (1) Schools and other public education facilities are critical societal institutions for the education of children, and parents are primarily responsible for the care, health, and education of their children. (2) Teachers, administrators, and other educational laypersons may significantly impact the educational development of the children in their care. The responsibility of teachers, administrators, and other educational laypersons is limited to their instructional interaction with the child, while a parent's responsibilities do not end with the ring of a bell or the end of the school year. (3) Schools and other public education facilities serve a wide array of children, each with their own unique social maturity level. Schools are not adequately equipped to properly ascertain an individual child's readiness for certain types of information. (4) Parents are primarily responsible for the educational, societal, and personal development of their children, and parents are best suited for determining the appropriate time, manner, and context for conveying sensitive information to their children. (5) Schools, in the discharge of their educational duties, may impart information of a sensitive nature to children regarding a variety of issues. Parents should be informed by the schools as to the full content of the information to be conveyed, the context of the instruction, and methods for conveying the information. SEC. 3. DEFINITIONS. (a) In General.--In this Act, the terms ``elementary school'', ``local educational agency'', ``parent'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Additional Definitions.--In this Act: (1) Child.--The term ``child'' means a human being who has not reached the age of majority as determined under applicable State law. (2) Educational institution.--The term ``educational institution'' means any public or private preschool, elementary school, or secondary school, except that in the case of an educational institution composed of more than 1 school or department which are administratively separate units, such term means each such school or department. SEC. 4. PROHIBITION OF INSTRUCTION WITHOUT THE CONSENT OF A PARENT. (a) Consent Required.--Each educational institution that receives Federal funds or Federal financial assistance shall obtain the affirmative, informed, written consent of the parent of a child in the care of the educational institution prior to requesting information from the child, or conveying information to the child, on subjects concerning sex, sexuality, or related topics, regardless of whether such information-- (1) is gender specific; (2) is related to sexual orientation; or (3) conforms with other elements of the instructional materials of the educational institution. (b) Notice.--Upon the request of a parent of a child attending such an educational institution, the educational institution shall provide to the parent-- (1) an opportunity to review the information described in subsection (a); and (2) a description of-- (A) the context and setting in which the information will be requested, broached, discussed, or otherwise conveyed to the child; and (B) the educational necessity of the information. (c) Prohibition Regarding Absence of Consent.--In no event shall an educational institution consider a parent's lack of denial of the consent required by subsection (a), or lack of such consent, to be consent. (d) Immediate Health Issues.--Nothing in this section shall be construed to limit a school nurse or another school health official from responding to a child's immediate health issues. (e) Civil Action for Failure To Obtain Parental Consent.--Every person or educational institution who or that, under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, or the District of Columbia, violates this section, shall be liable to the party injured in a civil action in an appropriate district court of the United States. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (f) Notification.--Upon a finding by a court of appropriate jurisdiction that a person or educational institution has violated this section, the court shall immediately notify the appropriate local educational agency, the State educational agency, and the Department of Education. (g) Cut Off of Federal Funding.--Each educational institution found by a court to have violated this section shall be ineligible to receive Federal funds or Federal financial assistance until the educational institution reapplies for such funds or assistance not earlier than 1 year after the violation. (h) Penalties, Damages, and Fees.-- (1) Civil penalty.--Any person or educational institution that violates this section shall be subject to a civil fine of $5,000 for each violation. (2) Treble damages.--For each instance of a knowing violation of this section the fine shall be 3 times the fine described in paragraph (1). (3) Legal fees.--In any action brought under this section, the court may award a prevailing parent reasonable attorney's fees. SEC. 5. PROTECTION OF PUPIL RIGHTS. Section 445(b) of the General Education Provisions Act (20 U.S.C. 1232h(b)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``be required, as part of any applicable program, to''; and (B) by inserting ``relating to an applicable program'' after ``evaluation''; and (2) in the matter following paragraph (8)-- (A) by inserting ``the administrator of the survey, analysis, or evaluation obtaining'' before ``the prior consent''; and (B) by striking ``minor, without'' and inserting ``minor,''.
Parents' Rights Empowerment and Protection Act (PREP Act) - Requires each preschool and elementary and secondary school that receives federal funds to obtain the affirmative, informed, written consent of a child's parent before requesting information from, or conveying information to, such child on topics relating to sex or sexuality. Requires parents, upon their request, to be given an opportunity to review such information as well as a description of the context of, and need for, its request or conveyance. Subjects individuals and schools to civil liability and fines for violating these consent and disclosure requirements. Makes noncompliant schools ineligible for federal funds for one year following a violation. Amends the General Education Provisions Act to direct administrators of surveys, analyses, or evaluations that require students to reveal certain personal or familial information to obtain the prior consent of adult or emancipated students and prior written consent of minor students' parents.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Reform Expedited Procedures Act of 2004''. SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION. (a) Introduction.-- (1) In general.--Not later than 30 calendar days after the commencement of the first session of a Congress, the chair of the Senate Committee on Health, Education, Labor, and Pensions, the Chair of the Senate Committee on Finance, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each introduce a bill to provide universal health care coverage for the people of the United States. (2) Minority party.--These bills may be introduced by request and only 1 qualified bill may be introduced by each individual referred to in paragraph (1) within a Congress. If either committee chair fails to introduce the bill within the 30-day period, the ranking minority party member of the respective committee may instead introduce a bill that will qualify for the expedited procedure provided in this section. (3) Qualified bill.-- (A) In general.--In order to qualify as a qualified bill-- (i) the title of the bill shall be ``To reform the system of the United States and to provide insurance coverage for all Americans.''; and (ii) the bill shall reach the goal of providing health care coverage to 95 percent of Americans within 10 years. (B) Determination.--Whether or not a bill meets the criteria in subparagraph (A) shall be determined by the Chair of the Senate Budget Committee, relying on estimates of the Congressional Budget Office, subject to the final approval of the Senate. (b) Referral.-- (1) Committee bills.--Upon introduction, the bill authored by the Chair of the Senate Committee on Finance shall be referred to that Committee and the bill introduced by the Chair of the Senate Committee on Health, Education, Labor, and Pensions shall be referred to that committee. If either committee has not reported the bill referred to it (or another qualified bill) by the end of a 60 calendar-day period beginning on the date of referral, the committee is, as of that date, automatically discharged from further consideration of the bill, and the bill is placed directly on the chamber's legislative calendar. In calculating the 60-day period, adjournments for more than 3 days are not counted. (2) Leader bills.--The bills introduced by the Senate Majority Leader and the Senate Minority Leader shall, on introduction, be placed directly on the Senate Calendar of Business. (c) Motion To Proceed.-- (1) In general.--On or after the third day following the committee report or discharge or upon a bill being placed on the calendar under subsection (b)(2), it shall be in order for any Member, after consultation with the Majority Leader, to move to proceed to the consideration of any qualified bill. Notice shall first be given before proceeding. This motion to proceed to the consideration of a bill can be offered by a Member only on the day after the calendar day on which the Member announces his or her intention to offer it. (2) Consideration.--The motion to proceed to a given qualified bill can be made even if a motion to the same effect has previously been rejected. No more than 3 such motions may be made, however, in any 1 congressional session. (3) Privileged and nondebatable.--The motion to proceed is privileged, and all points of order against the motion to proceed to consideration and its consideration are waived. The motion is not debatable, is not amendable, and is not subject to a motion to postpone. (4) No other business or reconsideration.--The motion is not subject to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or disagreed to is not in order. (d) Consideration of Qualified Bill.-- (1) In general.--If the motion to proceed is adopted, the chamber shall immediately proceed to the consideration of a qualified bill without intervening motion, order, or other business, and the bill remains the unfinished business of the Senate until disposed of. A motion to limit debate is in order and is not debatable. (2) Only business.--The qualified bill is not subject to a motion to postpone or a motion to proceed to the consideration of other business before the bill is disposed of. (3) Relevant amendments.--Only relevant amendments may be offered to the bill. SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION. (a) Introduction.-- (1) In general.--Not later than 30 calendar days after the commencement of the first session of a Congress, the chair of the House Committee on Energy and Commerce, the chair of the House Committee on Ways and Means, the Majority Leader of the House, and the Minority Leader of the House shall each introduce a bill to provide universal health care coverage for the people of the United States. (2) Minority party.--These bills may be introduced by request and only 1 qualified bill may be introduced by each individual referred to in paragraph (1) within a Congress. If either committee chair fails to introduce the bill within the 30-day period, the ranking minority party member of the respective committee may, within the following 30 days, instead introduce a bill that will qualify for the expedited procedure provided in this section. (3) Qualified bill.-- (A) In general.--To qualify for the expedited procedure under this section as a qualified bill, the bill shall reach the goal of providing healthcare coverage to 95 percent of Americans within 10 years. (B) Determination.--Whether or not a bill meets the criteria in subparagraph (A) shall be determined by the Speaker's ruling on a point of order based on a Congressional Budget Office estimate of the bill. (b) Referral.-- (1) Committee bills.--Upon introduction, the bill authored by the Chair of the House Committee on Energy and Commerce will be referred to that committee and the bill introduced by the Chair of the House Committee on Ways and Means shall be referred to that committee. If either committee has not reported the bill referred to it (or another qualified bill) by the end of 60 days of consideration beginning on the date of referral, the committee shall be automatically discharged from further consideration of the bill, and the bill shall be placed directly on the Calendar of the Whole House on the State of the Union. In calculating the 60-day period, adjournments for more than 3 days are not counted. (2) Leader bills.--The bills introduced by the House Majority Leader and House Minority Leader will, on introduction, be placed directly on the Calendar of the Whole House on the State of the Union. (c) Motion To Proceed.-- (1) In general.--On or after the third day following the committee report or discharge or upon a bill being placed on the calendar under subsection (b)(2), it shall be in order for any Member, after consultation with the Majority Leader, to move to proceed to the consideration of any qualified bill. Notice must first be given before proceeding. This motion to proceed to the consideration of a bill can be offered by a Member only on the day after the calendar day on which the Member announces his or her intention to offer it. (2) Consideration.--The motion to proceed to a given qualified bill can be made even if a motion to the same effect has previously been rejected. No more than 3 such motions may be made, however, in any 1 congressional session. (3) Privileged and nondebatable.--The motion to proceed is privileged, and all points of order against the motion to proceed to consideration and its consideration are waived. The motion is not debatable, is not amendable, and is not subject to a motion to postpone. (4) No other business or reconsideration.--The motion is not subject to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or disagreed to is not in order. (d) Consideration of a Qualified Bill.-- (1) In general.--If the motion to proceed is adopted, the chamber will immediately proceed to the consideration of a qualified bill without intervening motion, order, or other business, and the bill remains the unfinished business of the House until disposed of. (2) Committee of the whole.--The bill will be considered in the Committee of the Whole under the 5-minute rule, and the bill shall be considered as read and open for amendment at any time. (3) Limit debate.--A motion to further limit debate is in order and is not debatable. (4) Relevant amendments.--Only relevant amendments may be offered to the bill.
Health Care Reform Expedited Procedures Act of 2004 - Requires, within 30 calendar days after the commencement of the first session of a Congress, the chair of the Senate Committee on Health, Education, Labor, and Pensions, the chair of the Senate Committee on Finance, the Majority and Minority Leaders of the Senate, the chairs of the House Committees on Energy and Commerce and on Ways and Means, and the Majority and Minority Leaders of the House each to introduce a bill to provide universal health care coverage for the people of the United States. States that these bills may be introduced by request, but only one qualified bill may be introduced by each such individual within a Congress. Authorizes the ranking minority party member of a committee, if the chair fails to introduce the bill within the 30-day period, to introduce a bill that will qualify for the expedited procedure provided in this Act. Qualifies a bill if: (1) its title reads "to reform the system of the United States and to provide insurance coverage for all Americans;" and (2) it reaches the goal of providing health care coverage to 95 percent of Americans within ten years. Sets forth procedures for consideration of such legislation in both chambers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasserting American Leadership in Space Act'' or the ``REAL Space Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 109th Congress passed the National Aeronautics and Space Administration Authorization Act of 2005 overwhelmingly, establishing as the National Aeronautics and Space Administration's priority human space flight goal: ``To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations.''. (2) The 110th Congress overwhelmingly reaffirmed the vision of returning to the Moon as an integral part of exploring further into our solar system through the passage of the National Aeronautics and Space Administration Authorization Act of 2008, expressing support for ``the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space''. (3) The 111th Congress, in the National Aeronautics and Space Administration Authorization Act of 2010, called for the development of a heavy lift capability of greater than 130 metric tons consisting of the Space Launch System (SLS) and Multi-Purpose Crew Vehicle (MPCV) to pursue exploration, yet fell short on explicitly stating a clear destination. (4) The 112th Congress has reaffirmed this commitment to the development of a heavy lift capability. (5) A sustained human presence on the Moon will allow astronauts and researchers the opportunity to leverage new technologies in addressing the challenges of sustaining life on another celestial body, lessons which are necessary and applicable as we explore further into our solar system, to Mars and beyond. (6) A sustained human presence on the Moon would once again inspire and engage public interest in our space program, motivating young people to excel in the vital subjects of math and science, subjects in which American students lag behind our international competitors. (7) A sustained human presence on the Moon would challenge American industry to continue to develop technologies that not only enhance our exploration programs but can be applied across all disciplines of science. (8) The commercial applications of space technologies have had tens of billions of dollars in economic impact, including products from semiconductors and aircraft controls to scratch- resistant lenses and water purification systems. (9) The healthcare technologies derived from our space program, such as the portable x-ray machine, the MRI, advanced life-saving diagnostics, and the implantable heart aid, have saved and improved countless lives. (10) Space is the world's ultimate high ground, returning to the Moon and reinvigorating our human space flight program is a matter of national security. (11) Technologies developed and sustained by the National Aeronautics and Space Administration's human space flight program, such as liquid and solid rocket propulsion, environmental and life support systems, and communications, navigation, and control systems are important to our military. (12) China and Russia, understanding the economic and strategic importance of human space flight, have declared their intentions of colonizing the Moon and are advancing their lunar exploration plans. (13) It is strategically important that the United States possess and maintain the capabilities of unfettered operation in the space domain, and not cede the space domain to other nations. SEC. 3. MISSION. In accordance with the National Aeronautics and Space Administration Authorization Act of 2005, which established as the National Aeronautics and Space Administration's priority goal: ``To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations.'', and in accordance with the National Aeronautics and Space Administration Authorization Act of 2008, which endorsed ``the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space'', the National Aeronautics and Space Administration shall plan to return to the Moon by 2022 and develop a sustained human presence on the Moon, in order to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations. The budget requests and expenditures of the National Aeronautics and Space Administration shall be consistent with achieving this goal.
Reasserting American Leadership in Space Act or REAL Space Act - Directs the National Aeronautics and Space Administration (NASA) to plan to return to the Moon by 2022 and to develop a sustained human presence there in order to promote exploration, commerce, science, and U.S. preeminence in space as a stepping stone for future exploration of Mars and other destinations.
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SECTION 1. EPILEPSY CENTERS OF EXCELLENCE. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330A. Epilepsy centers of excellence ``(a) Establishment of Centers.--(1) Not later than 120 days after the date of the enactment of this section, the Secretary shall, upon the recommendation of the Under Secretary for Health, designate not less than six Department health-care facilities as the locations for epilepsy centers of excellence. ``(2) Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate epilepsy centers of excellence at the locations designated pursuant to paragraph (1). ``(b) Designation of Facilities.--(1) The Secretary may not designate a Department health-care facility as a location for an epilepsy center of excellence under subsection (a)(1) unless the peer review panel established under subsection (c) has determined under that subsection that the proposal submitted by such facility seeking designation as a location for an epilepsy center of excellence is among those proposals that meet the highest competitive standards of scientific and clinical merit. ``(2) In choosing from among the facilities meeting the requirements of paragraph (1), the Secretary shall also consider appropriate geographic distribution when designating the epilepsy centers of excellence under subsection (a)(1). ``(c) Peer Review Panel.--(1) The Under Secretary for Health shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of epilepsy centers of excellence under this section. ``(2)(A) The membership of the peer review panel shall consist of experts on epilepsy, including post-traumatic epilepsy. ``(B) Members of the peer review panel shall serve for a period of no longer than two years, except as specified in subparagraph (C). ``(C) Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment. ``(3) The peer review panel shall review each proposal submitted to the panel by the Under Secretary for Health and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The peer review panel shall not be subject to the Federal Advisory Committee Act. ``(d) Epilepsy Center of Excellence Defined.--In this section, the term `epilepsy center of excellence' means a Department health-care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following: ``(1) An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery). ``(2) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. ``(3) An advisory committee composed of veterans and appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center. ``(4) The capability to conduct effectively evaluations of the activities of such center. ``(5) The capability to coordinate (as part of an integrated national system) education, clinical care, and research activities within all facilities with such centers. ``(6) The capability to develop jointly a national consortium of providers with interest in treating epilepsy at Department health-care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health-care system of the Department. Such consortium should include a designated epilepsy referral clinic in each Veterans Integrated Service Network. ``(7) The capability to assist in the expansion of the Department's use of information systems and databases to improve the quality and delivery of care for veterans enrolled within the Department's health care system. ``(8) The capability to assist in the expansion of the Department telehealth program to develop, transmit, monitor, and review neurological diagnostic tests. ``(9) The ability to perform epilepsy research, education, and clinical care activities in collaboration with Department medical facilities that have centers for research, education, and clinical care activities on complex multi-trauma associated with combat injuries established under section 7327 of this title. ``(e) National Coordinator for Epilepsy Programs.--(1) To assist the Secretary and the Under Secretary for Health in carrying out this section, the Secretary shall designate an individual in the Veterans Health Administration to act as a national coordinator for epilepsy programs of the Veterans Health Administration. ``(2) The duties of the national coordinator for epilepsy programs shall include the following: ``(A) To supervise the operation of the centers established pursuant to this section. ``(B) To coordinate and support the national consortium of providers with interest in treating epilepsy at Department health-care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health-care system of the Department. ``(C) To conduct regular evaluations of the epilepsy centers of excellence to ensure compliance with the requirements of this section. ``(3) In carrying out duties under this subsection, the national coordinator for epilepsy programs shall report to the official of the Veterans Health Administration responsible for neurology. ``(f) Authorization of Appropriations.--(1) There are authorized to be appropriated $6,000,000 for each of fiscal years 2008 through 2012 for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). ``(2) There are authorized to be appropriated for each fiscal year after fiscal year 2012 such sums as may be necessary for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). ``(3) The Secretary shall ensure that funds for such centers are designated for the first three years of operation as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system. ``(4) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(5) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to fund the national coordinator established by subsection (e).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330 the following new item: ``7330A. Epilepsy centers of excellence.''.
Directs the Secretary of Veterans Affairs to designate, establish, and operate at least six Department of Veterans Affairs (VA) health-care facilities as locations for epilepsy centers of excellence. Requires the Under Secretary for Health of the Veterans Health Administration (VHA) to establish a peer review panel to assess the scientific and clinical merit of proposals for the designation of such centers. Prohibits the Secretary from designating a VA facility as a center of excellence unless the peer review panel has determined that the proposal submitted by such facility is among those that meet the highest competitive standards of scientific and clinical merit. Requires the Secretary to designate a VHA national coordinator for epilepsy programs to: (1) supervise the operation of the centers; (2) coordinate and support throughout the VA health-care system better access to diagnosis, research, care, and education for epilepsy and traumatic brain injury; and (3) conduct regular evaluations of the centers. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Mental Health Access Improvement Act of 2001''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-468 and 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subparagraph (U), by striking ``and'' after the semicolon at the end; (B) in subparagraph (V)(iii), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(W) marriage and family therapist services (as defined in subsection (ww)(1)) and mental health counselor services (as defined in subsection (ww)(3));''. (2) Definitions.--Section 1861 of such Act (42 U.S.C. 1395x), as amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-468 and 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(ww)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services and mental health counselor services;''. (4) Amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472 and 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and (U)'' and inserting ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under clause (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of certain mental health services.--Services described in this clause are marriage and family therapist services (as defined in section 1861(ww)(1)) and mental health counselor services (as defined in section 1861(ww)(3)).''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)), as amended by section 105(d) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(ww)(2)). ``(viii) A mental health counselor (as defined in section 1861(ww)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a marriage and family therapist (as defined in subsection (ww)(2)), by a mental health counselor (as defined in subsection (ww)(4)),'' after ``by a clinical psychologist (as defined by the Secretary)''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or a marriage and family therapist (as defined in subsection (ww)(2))'' after ``social worker''. (c) Authorization of Marriage and Family Therapists To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``marriage and family therapist (as defined in subsection (ww)(2)),'' after ``social worker,''. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2002.
Seniors Mental Health Access Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Cup Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) 34th america's cup.--The term ``34th America's Cup''-- (A) means the sailing competitions, commencing in 2011, to be held in the United States in response to the challenge to the defending team from the United States, in accordance with the terms of the America's Cup governing Deed of Gift, dated October 24, 1887; and (B) if a United States yacht club successfully defends the America's Cup, includes additional sailing competitions conducted by America's Cup Race Management during the 1-year period beginning on the last date of such defense. (2) America's cup race management.--The term ``America's Cup Race Management'' means the entity established to provide for independent, professional, and neutral race management of the America's Cup sailing competitions. (3) Eligibility certification.--The term ``Eligibility Certification'' means a certification issued under section 4. (4) Eligible vessel.--The term ``eligible vessel'' means a competing vessel or supporting vessel of any registry that-- (A) is recognized by America's Cup Race Management as an official competing vessel, or supporting vessel of, the 34th America's Cup, as evidenced in writing to the Administrator of the Maritime Administration of the Department of Transportation; (B) transports not more than 25 individuals, in addition to the crew; (C) is not a ferry (as defined under section 2101(10b) of title 46, United States Code); (D) does not transport individuals in point-to-point service for hire; and (E) does not transport merchandise between ports in the United States. (5) Supporting vessel.--The term ``supporting vessel'' means a vessel that is operating in support of the 34th America's Cup by-- (A) positioning a competing vessel on the race course; (B) transporting equipment and supplies utilized for the staging, operations, or broadcast of the competition; or (C) transporting individuals who-- (i) have not purchased tickets or directly paid for their passage; and (ii) who are engaged in the staging, operations, or broadcast of the competition, race team personnel, members of the media, or event sponsors. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an eligible vessel, operating only in preparation for, or in connection with, the 34th America's Cup competition, may position competing vessels and may transport individuals and equipment and supplies utilized for the staging, operations, or broadcast of the competition from and around the ports in the United States. SEC. 4. CERTIFICATION. (a) Requirement.--A vessel may not operate under section 3 unless the vessel has received an Eligibility Certification. (b) Issuance.--The Administrator of the Maritime Administration of the Department of Transportation is authorized to issue an Eligibility Certification with respect to any vessel that the Administrator determines, in his or her sole discretion, meets the requirements set forth in section 2(4). SEC. 5. ENFORCEMENT. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an Eligibility Certification shall be conclusive evidence to the Secretary of the Department of Homeland Security of the qualification of the vessel for which it has been issued to participate in the 34th America's Cup as a competing vessel or a supporting vessel. SEC. 6. PENALTY. Any vessel participating in the 34th America's Cup as a competing vessel or supporting vessel that has not received an Eligibility Certification or is not in compliance with section 12112 of title 46, United States Code, shall be subject to the applicable penalties provided in chapters 121 and 551 of title 46, United States Code. SEC. 7. WAIVERS. (a) In General.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (1) M/V GEYSIR (United States official number 622178). (2) OCEAN VERITAS (IMO number 7366805). (3) LUNA (United States official number 280133). (b) Documentation of LNG Tankers.-- (1) In general.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (A) LNG GEMINI (United States official number 595752). (B) LNG LEO (United States official number 595753). (C) LNG VIRGO (United States official number 595755). (2) Limitation on operation.--Coastwise trade authorized under paragraph (1) shall be limited to carriage of natural gas, as that term is defined in section 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)). (3) Termination of effectiveness of endorsements.--The coastwise endorsement issued under paragraph (1) for a vessel shall expire on the date of the sale of the vessel by the owner of the vessel on the date of enactment of this Act to a person who is not related by ownership or control to such owner. (c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2 (State of Alaska registration AIDEA FDD-2) is not merchandise for purposes of section 55102 of title 46, United States Code, if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pierside moorage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
America's Cup Act of 2011 - Authorizes eligible competing or supporting vessels operating only in preparation for, or in connection with, the 34th America's Cup commencing in 2011 in the United States to position competing vessels and transport individuals, equipment, and supplies for such competition in and around U.S. ports. Prohibits vessels from operating unless issued an Eligibility Certification from the Administrator of the Maritime Administration of the Department of Transportation (DOT). Subjects noncompliant vessels to certain penalties. Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with a coastwise endorsement for the vessels: (1) M/V GEYSIR, (2) OCEAN VERITAS, and (3) LUNA. Authorizes issuance of a certificate of documentation with a coastwise endorsement for liquefying natural gas (LNG) tanker vessels: (1) LNG GEMINI, (2) LNG LEO, and (3) LNG VIRGO. Limits authorized coastwise trade for each vessel to the carriage of natural gas, as defined in the Deepwater Port Act of 1974. Prohibits a vessel transported in Dry Dock #2 (state of Alaska registration AIDEA FDD-2), if, during such transportation, such dock remains connected by a utility or other connecting line to pierside moorage, from being considered merchandise for purposes of certain coastwise trade requirements a vessel must otherwise meet before engaging in merchandise transportation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Umpqua National Forest Land Management Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Oregon. (3) Umpqua map.--The term ``Umpqua map'' means the map entitled ``Umpqua National Forest Land Dispositions'' and dated June 1, 2003. (4) Wilderness map.--The term ``Wilderness map'' means the map entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and dated May 6, 2003. SEC. 3. SALE OR EXCHANGE OF UMPQUA NATIONAL FOREST ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under any terms and conditions that the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the parcels of National Forest System land described in subsection (b). (b) Description of Land.--The parcels of National Forest System land referred to in subsection (a) are-- (1) tract UMP-A, the Roseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres, and more particularly described as the NE\1/4\NW\1/4\ portion of T. 27 S., R. 5 W., Sec. 20, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map; (2) tract UMP-B, the Roseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres, and more particularly described as T. 27 S., R. 5 W., Sec. 15, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map; and (3) tract UMP-C, the Brown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres, and more particularly described as the E\1/2\NW\1/4\ portion of T. 26 S., R. 3 W., Sec. 19, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map. (c) Map and Legal Descriptions.-- (1) In general.--Until the date on which the parcels of land are sold or exchanged under subsection (a), the Umpqua map shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Modifications.--The Secretary may modify the Umpqua map and legal descriptions to-- (A) correct technical errors; or (B) to facilitate the conveyance under subsection (a). (d) Consideration.--Consideration for the sale or exchange of land described in subsection (b) may be in the form of-- (1) cash; (2) land; or (3) other consideration, including the construction of improvements on the land in accordance with the specifications of the Secretary. (e) Solicitations of Offers.-- (1) In general.--Subject to any terms and conditions that the Secretary may prescribe, the Secretary may solicit offers for the sale or exchange of land under this Act. (2) Rejection of offers.--The Secretary may reject any offer received under this section if the Secretary determines that the offer is not-- (A) adequate; or (B) in the public interest. (f) Methods of Sale.-- (1) In general.--The Secretary may sell the land described in subsection (b) at public or private sale (including auction), in accordance with such terms, conditions, and procedures that the Secretary determines to be appropriate. (2) Brokers.--In any sale or exchange of land described in subsection (b), the Secretary may-- (A) use a real estate broker; and (B) pay the real estate broker a commission in an amount comparable to the amounts of commission generally paid for real estate transactions in the area. (g) Valuation.--If the Secretary determines that an appraisal is appropriate for a sale or exchange of land under this Act, the appraisal shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (h) Equalization of Values.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any Federal land exchanged under this Act. (i) Disposition of Proceeds.-- (1) In general.--The Secretary shall deposit the net proceeds from a sales or exchange of land under this Act in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (2) Use.--Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation, for-- (A) the acquisition of land and interests in land in the Umpqua National Forest in the State;- (B) the reimbursement of costs incurred by the Secretary in carrying out a sale or exchange of land under this Act, including the payment of real estate broker commissions under subsection (e)(2); and (C) the acquisition or rehabilitation of existing facilities or construction of new facilities in Umpqua National Forest in the State. (3) Limitation.--Funds deposited under paragraph (1) shall not-- (A) be paid or distributed to States or counties under any provision of law; or (B) be considered to be money received from units of the National Forest System for purposes of-- (i) the Act of May 23, 1908 (16 U.S.C. 500); or (ii) the Act of March 4, 1913 (16 U.S.C. 501). (j) Withdrawals and Revocation of Public Land Orders.-- (1) Withdrawal.--Subject to valid existing rights, all land described in subsection (b) is withdrawn from location, entry, and patent under the public land laws, mining laws, and mineral leasing laws of the United States (including geothermal leasing laws). (2) Revocation of public land orders.--The Secretary shall revoke any public land orders in existence on the date of enactment of this Act that withdraw the land from all forms of appropriation under the public land laws, to the extent that the orders apply to the land described in subsection (b). SEC. 4. WILDERNESS BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98-328) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the Wilderness map and described as follows: (1) Beginning at T. 30 S., R. 3 E., Willamette Base and Meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked ``USDA FOREST SERVICE AP 927 2001''. (2) Thence North 63 deg.39'34" East, 3700.00 feet to new Angle Point 927B. (3) Thence South 84 deg.20'00" East, 360.00 feet to new Angle Point 927C. (4) Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1\1/2\ inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked ``AP 928 1999''. (5) Thence North 23 deg.00'00" West, 175.00 feet to new Angle Point 928A. (6) Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as ``A high point on a ridge'' in Section 7, T. 30 S., R. 3 E., W.M., with an elevation of approximately 4150 feet. (b) Map.-- (1) In general.--The Wilderness map shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Technical corrections.--The Secretary may correct technical errors in-- (A) the Wilderness map; and (B) the legal descriptions. SEC. 5. APPLICABLE LAW. (a) In General.--Land transferred or otherwise acquired by the Secretary under this Act shall be managed in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.), and the other laws (including regulations) relating to the National Forest System. (b) Exemption From Property Management Regulations.--Part 1955 of title 7, Code of Federal Regulations (or a successor regulation), shall not apply to any sale or exchange of National Forest System land under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Umpqua National Forest Land Management Act of 2004 - Authorizes the Secretary, under any terms and conditions that the Secretary may prescribe, to sell or exchange any U.S. interest in specified National Forest System lands in Douglas County, Oregon. Authorizes the Secretary to: (1) solicit offers for the sale or exchange of land; and (2) sell the land at public or private sale, including auction. Sets forth provisions regarding consideration, valuation, and equalization of land values. Directs the Secretary to deposit the net proceeds from a sale or exchange of land in the fund established under the Sisk Act. Adjusts the Rogue-Umpqua Divide wilderness boundary. Directs that land transferred or otherwise acquired by the Secretary under this Act be managed in accordance with the Weeks Act and other laws relating to the National Forest System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Equity Act''. SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT. (a) Federal Employees Retirement System.--Section 8401(17) of title 5, United States Code, is amended-- (1) in subparagraph (C)-- (A) by striking ``subparagraph (A) and (B)'' and inserting ``subparagraphs (A), (B), (E), (F), (G), (H), and (I)''; and (B) by striking ``and'' at the end; and (2) by adding at the end the following: ``(E) an employee not otherwise covered by this paragraph-- ``(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and ``(ii) who is authorized to carry a firearm; ``(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the-- ``(i) collection of delinquent taxes; and ``(ii) securing of delinquent returns; ``(G) an employee of the United States Postal Inspection Service; ``(H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and ``(I) an employee of U.S. Customs and Border Protection-- ``(i) who is a seized property specialist in the GS-1801 job series; and ``(ii) the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property;''. (b) Civil Service Retirement System.--Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)-- (1) by inserting ``and an individual described in any of subparagraphs (E) through (I) of section 8401(17)'' after ``United States''; and (2) by striking ``this activity'' and inserting ``such activity or described in any such subparagraph''. (c) Application.--The amendments made by this section shall apply to any-- (1) individual who is appointed as a law enforcement officer-- (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and (B) on or after the date of enactment of this Act; and (2) incumbent (as defined in section 3(a)(3)), consistent with the requirements of section 3. SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Personnel Management; (2) the term ``Fund'' means the Civil Service Retirement and Disability Fund; (3) the term ``incumbent'' means an individual who-- (A) was appointed as a law enforcement officer before the date of enactment of this Act; and (B) is serving as a law enforcement officer on the date of enactment of this Act; (4) the term ``law enforcement officer'' means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, by virtue of the amendments made by section 2; (5) the term ``prior service'' means, with respect to an incumbent who makes an election under subsection (b)(2), service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election; and (6) the term ``service'' means service performed by an individual as a law enforcement officer. (b) Treatment of Service Performed by Incumbents.-- (1) Service on or after date of enactment.--Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment.--Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer only if the incumbent submits a written election to the Director by the earlier of-- (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (c) Individual Contributions for Prior Service.-- (1) In general.--An incumbent who makes an election under subsection (b)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of-- (A) the difference between-- (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing.--If an incumbent does not pay the full amount of the deposit described in paragraph (1), all prior service of the incumbent-- (A) shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced-- (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (d) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of-- (A) the difference between-- (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(5). (e) Exemption From Mandatory Separation.--Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (f) Regulations.--The Director shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (b)(2)), to the extent of any rights that would have been available to the decedent if still living. (g) Rule of Construction.--Nothing in this section shall be considered to apply in the case of a reemployed annuitant.
Law Enforcement Officers Equity Act This bill expands the definition of "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered whose duties include the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. Service performed by an incumbent (an individual appointed before enactment of this bill to a position that is considered to be a law enforcement officer under FERS and the CSRS only by virtue of the expanded definition in this bill) on or after enactment of this bill shall be treated as service performed as a law enforcement officer. Service performed by an incumbent before enactment of this bill shall be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this bill or before separation from service, whichever is earlier. An incumbent who makes an election before enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this bill.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Eliminate Colorectal Cancer Act of 1999''. (b) Findings.--The Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer deaths in the United States for men and women combined. (2) It is estimated that in 1999, 129,400 new cases of colorectal cancer will be diagnosed in men and women in the United States. (3) Colorectal cancer is expected to kill 56,600 individuals in the United States in 1999. (4) Research has shown that a high-fiber, low-fat diet can significantly reduce the risk of developing colorectal cancer. (5) The adoption of a healthy diet at a young age can significantly reduce the risk of developing colorectal cancer. (6) Appropriate screenings and regular tests can save large numbers of lives by leading to earlier identification of colorectal cancer. (7) The Centers for Disease Control and Prevention, the Health Care Financing Administration, and the National Cancer Institute have initiated the Screen for Life Campaign targeted to individuals age 50 and older to spread the message of the importance of colorectal cancer screening tests. (8) Education helps to inform the public of symptoms for the early detection of colorectal cancer and methods of prevention. SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participants and beneficiaries than the protections provided under this section.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the third to last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for colorectal cancer screening.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1)(A) Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2001. (B) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 2001. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2001. (3) The amendment made by subsection (c) shall apply to contracts for contract periods beginning on or after January 1, 2001. (d) Coordinated Regulations.--The Secretary of Labor and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; (2) the Centers for Disease Control and Prevention and the Department of Health and Human Services should be commended for launching a coordinated education campaign on colorectal cancer in March of 1999; and (3) the Centers for Disease Control and Prevention and the Department of Health and Human Services should track the impact of the coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress.
Directs the Secretaries of Labor and of Health and Human Services (HHS) to ensure coordination in the implementation and enforcement of this Act. Expresses the sense of Congress that: (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; and (2) the Centers for Disease Control and Prevention and HHS should track the impact of their coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriot Employer Tax Credit Act''. SEC. 2. PATRIOT EMPLOYER TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. PATRIOT EMPLOYER TAX CREDIT. ``(a) Determination of Amount.-- ``(1) In general.--For purposes of section 38, the Patriot employer credit determined under this section with respect to any taxpayer who is a Patriot employer for any taxable year shall be equal to 10 percent of the qualified wages paid or incurred by the Patriot employer. ``(2) Limitation.--The amount of qualified wages which may be taken into account under paragraph (1) with respect to any employee for any taxable year shall not exceed $15,000. ``(b) Patriot Employer.-- ``(1) In general.--For purposes of subsection (a), the term `Patriot employer' means, with respect to any taxable year, any taxpayer-- ``(A) which-- ``(i) maintains its headquarters in the United States if the taxpayer (or any predecessor) has ever been headquartered in the United States, and ``(ii) is not (and no predecessor of which is) an expatriated entity (as defined in section 7874(a)(2)) for the taxable year or any preceding taxable year ending after March 4, 2003, ``(B) with respect to which no assessable payment has been imposed under section 4980H with respect to any month occurring during the taxable year, ``(C) provides employees with-- ``(i) paid sick leave, or ``(ii) paid family and medical leave, and ``(D) in the case of-- ``(i) a taxpayer which employs an average of more than 50 employees on business days during the taxable year, which-- ``(I) provides compensation for at least 90 percent of its employees for services provided by such employees during the taxable year at an hourly rate (or equivalent thereof) not less than an amount equal to 218 percent of the Federal poverty level for an individual for the calendar year in which the taxable year begins divided by 1,750, ``(II) meets the retirement plan requirements of subsection (c) with respect to at least 90 percent of its employees providing services during the taxable year who are not highly compensated employees, and ``(III) meets the additional requirements of subparagraphs (A) and (B) of paragraph (2), or ``(ii) any other taxpayer, which meets the requirements of either subclause (I) or (II) of clause (i) for the taxable year. ``(2) Additional requirements for large employers.-- ``(A) United states employment.--The requirements of this subparagraph are met for any taxable year if-- ``(i) in any case in which the taxpayer increases the number of employees performing substantially all of their services for the taxable year outside the United States, the taxpayer either-- ``(I) increases the number of employees performing substantially all of their services inside the United States by an amount not less than the increase in such number for employees outside the United States, or ``(II) has a percentage increase in such employees inside the United States which is not less than the percentage increase in such employees outside the United States, ``(ii) in any case in which the taxpayer decreases the number of employees performing substantially all of their services for the taxable year inside the United States, the taxpayer either-- ``(I) decreases the number of employees performing substantially all of their services outside the United States by an amount not less than the decrease in such number for employees inside the United States, or ``(II) has a percentage decrease in employees outside the United States which is not less than the percentage decrease in such employees inside the United States, and ``(iii) there is not a decrease in the number of employees performing substantially all of their services for the taxable year inside the United States by reason of the taxpayer contracting out such services to persons who are not employees of the taxpayer. ``(B) Treatment of individuals in the uniformed services and the disabled.--The requirements of this subparagraph are met for any taxable year if-- ``(i) the taxpayer provides differential wage payments (as defined in section 3401(h)(2)) to each employee described in section 3401(h)(2)(A) for any period during the taxable year in an amount not less than the difference between the wages which would have been received from the employer during such period and the amount of pay and allowances which the employee receives for service in the uniformed services during such period, and ``(ii) the taxpayer has in place at all times during the taxable year a written policy for the recruitment of employees who have served in the uniformed services or who are disabled. ``(3) Special rules for applying the minimum wage and retirement plan requirements.-- ``(A) Minimum wage.--In determining whether the minimum wage requirements of paragraph (1)(D)(i)(I) are met with respect to 90 percent of a taxpayer's employees for any taxable year-- ``(i) a taxpayer may elect to exclude from such determination apprentices or learners that an employer may exclude under the regulations under section 14(a) of the Fair Labor Standards Act of 1938, and ``(ii) if a taxpayer meets the requirements of paragraph (2)(B)(i) with respect to providing differential wage payments to any employee for any period (without regard to whether such requirements apply to the taxpayer), the hourly rate (or equivalent thereof) for such payments shall be determined on the basis of the wages which would have been paid by the employer during such period if the employee had not been providing service in the uniformed services. ``(B) Retirement plan.--In determining whether the retirement plan requirements of paragraph (1)(D)(i)(II) are met with respect to 90 percent of a taxpayer's employees for any taxable year, a taxpayer may elect to exclude from such determination-- ``(i) employees not meeting the age or service requirements under section 410(a)(1) (or such lower age or service requirements as the employer provides), and ``(ii) employees described in section 410(b)(3). ``(c) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any taxable year with respect to an employee of the taxpayer who is not a highly compensated employee if the employee is eligible to participate in 1 or more applicable eligible retirement plans maintained by the employer for a plan year ending with or within the taxable year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which-- ``(i) requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(ii) both-- ``(I) includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) under which the uniform percentage described in section 414(w)(3)(B) is at least 5 percent, and ``(II) requires the employer to make matching contributions of 100 percent of the elective deferrals (as defined in section 414(u)(2)(C)) of the employee to the extent such deferrals do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the taxpayer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for a taxpayer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(d) Qualified Wages and Compensation.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means wages (as defined in section 51(c), determined without regard to paragraph (4) thereof) paid or incurred by the Patriot employer during the taxable year to employees-- ``(A) who perform substantially all of their services for such Patriot employer inside the United States, and ``(B) with respect to whom-- ``(i) in the case of a Patriot employer which employs an average of more than 50 employees on business days during the taxable year, the requirements of subclauses (I) and (II) of subsection (b)(1)(D)(i) are met, and ``(ii) in the case of any other Patriot employer, the requirements of either subclause (I) or (II) of subsection (b)(1)(D)(i) are met. ``(2) Special rules for agricultural labor and railway labor.--Rules similar to the rules of section 51(h) shall apply. ``(3) Compensation.--For purposes of subsections (b)(1)(D)(i)(I) and (c), the term `compensation' has the same meaning as qualified wages, except that section 51(c)(2) shall be disregarded in determining the amount of such wages. ``(e) Aggregation Rules.--For purposes of this section-- ``(1) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. ``(2) Special rules for certain requirements.--For purposes of applying paragraphs (1)(A) and (2)(A) of subsection (b)-- ``(A) the determination under subsections (a) and (b) of section 52 for purposes of paragraph (1) shall be made without regard to section 1563(b)(2)(C) (relating to exclusion of foreign corporations), and ``(B) if any person treated as a single taxpayer under this subsection (after application of subparagraph (A)), or any predecessor of such person, was an expatriated entity (as defined in section 7874(a)(2)) for any taxable year ending after March 4, 2003, then all persons treated as a single taxpayer with such person shall be treated as expatriated entities. ``(f) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(3) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. (b) Allowance as General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following: ``(37) in the case of a Patriot employer (as defined in section 45S(b)) for any taxable year, the Patriot employer credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.
Patriot Employer Tax Credit Act This bill amends the Internal Revenue Code to allow a Patriot employer a business-related tax credit equal to 10% of up to $15,000 of wages paid to any employee in a taxable year. The bill sets forth criteria for designation as a Patriot employer, including requirements that such employer: (1) maintains its headquarters in the United States and does not expatriate to avoid payment of U.S. income taxes, (2) complies with the employer mandate to provide minimum essential health care coverage to its employees under the Patient Protection and Affordable Care Act, (3) provides employees with paid sick leave or paid family and medical leave, (4) compensates at least 90% of its employees at an hourly rate that is at least 218% of the federal poverty level for an individual for the calendar year divided by 1,750 and provides at least 90% of its employees with a basic level of retirement benefits, (5) provides for differential wage payments to its employees who are members of the Uniformed Services, (6) has a written policy in place for the recruitment of employees who have served in the Uniformed Services or who are disabled, and (7) increases the number of its employees performing substantially all of their services inside the United States to offset the number of employees who work outside the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Trade and Commercial Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Israel is America's dependable, democratic ally in the Middle East--an area of paramount strategic importance to the United States. (2) The United States-Israel Free Trade Agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agreement signed by the United States with a foreign country. (3) The United States-Israel Free Trade Agreement has been instrumental in expanding commerce and the strategic relationship between the United States and Israel. (4) More than $45 billion in goods and services is traded annually between the two countries in addition to roughly $10 billion in United States foreign direct investment in Israel. (5) The United States continues to look for and find new opportunities to enhance cooperation with Israel, including through the enactment of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and the United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296). (6) It has been the policy of the United States Government to combat all elements of the Arab League Boycott of Israel by-- (A) public statements of Administration officials; (B) enactment of relevant sections of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), including sections to ensure foreign persons comply with applicable reporting requirements relating to the boycott; (C) enactment of the 1976 Tax Reform Act (Public Law 94-455) that denies certain tax benefits to entities abiding by the boycott; (D) ensuring through free trade agreements with Bahrain and Oman that such countries no longer participate in the boycott; and (E) ensuring as a condition of membership in the World Trade Organization that Saudi Arabia no longer enforces the secondary or tertiary elements of the boycott. SEC. 3. STATEMENTS OF POLICY. Congress-- (1) supports the strengthening of United States-Israel economic cooperation and recognizes the tremendous strategic, economic, and technological value of cooperation with Israel; (2) recognizes the benefit of cooperation with Israel to United States companies, including by improving American competitiveness in global markets; (3) recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace, and supports efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce; (4) opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts, divestment or sanctions; (5) notes that the boycott, divestment, and sanctioning of Israel by governments, governmental bodies, quasi-governmental bodies, international organizations, and other such entities is contrary to the General Agreement on Tariffs and Trade (GATT) principle of non-discrimination; (6) encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts, divestment from, or sanctions against Israel as a topic of discussion at the U.S.- Israel Joint Economic Development Group (JEDG) and other areas to support the strengthening of the United States-Israel commercial relationship and combat any commercial discrimination against Israel; (7) supports efforts to prevent investigations or prosecutions by governments or international organizations of United States persons on the sole basis of such persons doing business with Israel, with Israeli entities, or in Israeli- controlled territories; and (8) supports American States examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of State assets from companies that support or promote actions to boycott, divest from, or sanction Israel. SEC. 4. PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES. (a) Commercial Partnerships.--Among the principal trade negotiating objectives of the United States for proposed trade agreements with foreign countries regarding commercial partnerships are the following: (1) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel. (2) To discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated non-tariff barriers on Israeli goods, services, or other commerce imposed on the State of Israel. (3) To seek the elimination of state-sponsored unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel by prospective trading partners. (b) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to negotiations commenced before, on, or after the date of the enactment of this Act. SEC. 5. REPORT ON POLITICALLY MOTIVATED ACTS OF BOYCOTT, DIVESTMENT FROM, AND SANCTIONS AGAINST ISRAEL. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on politically motivated acts of boycott, divestment from, and sanctions against Israel. (b) Matters To Be Included.--The report required by subsection (a) shall include the following: (1) A description of the establishment of barriers to trade, including non-tariff barriers, investment, or commerce by foreign countries or international organizations against United States persons operating or doing business in Israel, with Israeli entities, or in Israeli-controlled territories. (2) A description of specific steps being taken by the United States to encourage foreign countries and international organizations to cease creating such barriers and to dismantle measures already in place and an assessment of the effectiveness of such steps. (3) A description of specific steps being taken by the United States to prevent investigations or prosecutions by governments or international organizations of United States persons on the sole basis of such persons doing business with Israel, with Israeli entities, or in Israeli-controlled territories. (4) Decisions by foreign persons, including corporate entities and state-affiliated financial institutions, that limit or prohibit economic relations with Israel or persons doing business in Israel or in Israeli controlled territories. SEC. 6. ISRAEL TRADE AND COMMERCE BOYCOTT REPORTING. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Israel Trade and Commerce Boycott Reporting.-- ``(1) In general.--Each foreign issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report-- ``(A) whether the issuer has discriminated against doing business with Israel in the last calendar year and in such cases an issuer shall provide a description of the discrimination. ``(B) whether the issuer has been advised by a foreign government or a non-member state of the United Nations to discriminate against doing business with Israel, entities owned or controlled by the government of Israel, or entities operating in Israel or Israeli- controlled territory; and ``(C) any instances where the issuer has learned that a person, foreign government, or a non-member state of the United Nations is boycotting the issuer, divesting themselves of an ownership interest in the issuer, or placing sanctions on the issuer because of the issuer's relationship with Israel, entities owned or controlled by the government of Israel, or entities operating in Israel or Israeli-controlled territory. ``(2) Definitions.--For purposes of this subsection: ``(A) Foreign issuer.--The term `foreign issuer' means an issuer that is not incorporated in the United States. ``(B) Non-member states of the united nations.--The term `non-member states of the United Nations' has the meaning given such term by the United Nations.''. SEC. 7. FOREIGN JUDGMENTS AGAINST UNITED STATES PERSONS. No court in the United States may recognize or enforce any judgment which is entered by a foreign court against a United States person carrying out business operations in Israel or in any territory controlled by Israel and on which is based a determination by the foreign court that the location in Israel, or in any territory controlled by Israel, of the facilities at which the business operations are carried out is sufficient to constitute a violation of law. SEC. 8. DEFINITIONS. In this Act: (1) Boycott, divestment from, and sanctions against israel.--The term ``boycott, divestment from, and sanctions against Israel'' means actions by states, non-member states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. (2) Foreign person.--The term ``foreign person'' means-- (A) any natural person who is not 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)) or who is not a protected individual (as defined in section 274B(a)(3) of such Act (8 U.S.C. 1324b(a)(3)); and (B) any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as any international organization, foreign government and any agency or subdivision of foreign government, including a diplomatic mission. (3) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) any successor to any entity described in clause (ii). (B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (4) United states person.--The term ``United States person'' means-- (A) a natural person who is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.
United States-Israel Trade and Commercial Enhancement Act This bill states that among the principal U.S. trade negotiating objectives for trade agreements with foreign countries regarding commercial partnerships are to: discourage actions by potential trading partners that discourage commercial activity solely between the United States and Israel; discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated non-tariff barriers on Israeli commerce; and seek the elimination of state-sponsored unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel. The President is directed to report annually to Congress on politically motivated acts of boycott, divestment from, and sanctions against Israel. The Securities Exchange Act of 1934 is amended to require a foreign issuer traded on the U.S. stock market to disclose in its quarterly or annual report: whether the issuer has discriminated against doing business with Israel in the last calendar year; whether the issuer has been advised by a foreign government or a non-member state of the United Nations (U.N.) to discriminate against doing business with Israel, entities owned or controlled by Israel, or entities operating in Israel or Israeli-controlled territory; and any instances where the issuer has learned that a person, foreign government, or a non-member state of the U.N. is boycotting the issuer, divesting itself of an ownership interest in the issuer, or placing sanctions on the issuer because of the issuer's relationship with Israel. No U.S. court may recognize or enforce any judgment by a foreign court against a U.S. person carrying out business operations in Israel or in any territory controlled by Israel, and on which is based a determination by the foreign court that the location in Israel, or in any territory controlled by Israel, of the facilities at which the business operations are carried out is sufficient to constitute a violation of law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Internet Tobacco Sales Enforcement Act of 2004''. SEC. 2. REVISION OF ACT OF OCTOBER 19, 1949. The Act of October 19, 1949, entitled ``An Act to assist States in collecting sales and use taxes on cigarettes'' (15 U.S.C. 375 et seq.) is amended by striking ``That for the purposes of this Act'' and all that follows through the end of the Act and inserting the following: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Jenkins Act'. ``SEC. 2. INTERSTATE SALES OF CIGARETTES AND SMOKELESS TOBACCO. ``(a) Compliance With Laws.-- ``(1) Each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco shall comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered as though the person were physically located in that State or place. ``(2) Unless State law requires otherwise, no cigarettes or smokeless tobacco may be delivered pursuant to an interstate sale unless in advance of delivery-- ``(A) any cigarette or smokeless tobacco excise tax that is imposed by the State in which the cigarettes or smokeless tobacco are to be delivered has been paid to the State; ``(B) any cigarette or smokeless tobacco excise tax imposed by the local government of the place in which the cigarettes or smokeless tobacco are to be delivered has been paid to the local or tribal government; and ``(C) any required stamps or other indicia that the excise tax has been paid are properly affixed or applied to the cigarettes or smokeless tobacco. ``(3) The provisions of paragraph (2) do not apply to an interstate sale or distribution of smokeless tobacco when the law of the State or place where the smokeless tobacco is to be delivered requires or otherwise provides that interstate sellers of smokeless tobacco collect the excise tax from the consumer and remit the excise tax to the State or place, and the interstate seller complies with such requirement. ``(4)(A) Each State may compile a list of interstate sellers of cigarettes or smokeless tobacco who are in compliance with this Act with respect to that State. If a State posts a list pursuant to this subsection that specifically refers to this subsection, no person may knowingly make an interstate distribution of cigarettes or smokeless tobacco into that State other than to a person licensed or otherwise authorized by the State to engage in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco unless the person initiating or ordering the delivery is on the list at the time of delivery. ``(B) Each State may also compile a list of interstate sellers of cigarettes or smokeless tobacco who are not in compliance with this Act with respect to that State. A State may provide such a list to a common carrier, the United States Postal Service, or to any other person, and make public the availability of the list to any person engaged in the delivery business in or into the State or who delivers cigarettes or smokeless tobacco in or into the State. Such list shall be confidential, and any person receiving such a list from a State shall maintain the confidentiality of the list. If a State, pursuant to this subsection, provides such a list to any person and makes public its availability to persons who deliver cigarettes or smokeless tobacco in or into the State, no person who receives the list and no person who delivers cigarettes or smokeless tobacco in or into the State may knowingly make an interstate distribution of any item in or into that State for a person on the list unless-- ``(i) the person in good faith determines that the item does not include cigarettes or smokeless tobacco; or ``(ii) the delivery is made to a person licensed or otherwise authorized by the State to engage in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco. ``(b) Recordkeeping and Reporting.--Each person who engages in an interstate sale of cigarettes or smokeless tobacco, or who advertises, or offers to engage in, such a sale, shall-- ``(1) first file with the tobacco tax administrator of the State and place in which the cigarettes or smokeless tobacco are to be offered, advertised, or delivered, a statement setting forth the person's name and trade name (if any), and the address of that person's principal place of business and any other place of business, as well as telephone numbers for each place of business, a principal electronic mail address, any website addresses, and the name, address and telephone number of an agent authorized to accept service in the State on behalf of that person; ``(2) not later than the 10th day of each calendar month, file with that tobacco tax administrator a memorandum or copy of the invoice covering each and every interstate sale of cigarettes or smokeless tobacco by the filer into that State or place, and each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, during the previous calendar month, and such memorandum or invoice shall include the name and address of the person to whom the cigarettes or smokeless tobacco are delivered, the brand, and the type, the quantity delivered, and the name, address, and phone number of the person delivering; and ``(3) maintain records, including the information specified in paragraph (2), for not less than 5 years after the date of an interstate sale of cigarettes or smokeless tobacco and of each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, and make those records available for inspection upon the lawful demand of the Attorney General of the United States, an attorney general of a State, the Commissioner of Internal Revenue, or the chief tax collection official of a State or place that levies an excise tax on cigarettes or smokeless tobacco. ``(c) Personally identifiable information-- ``(1) relating to an individual to whom cirgarettes or smokeless tobacco are delivered; and ``(2) filed, or maintained in records, under paragraph (2) or (3) of subsection (b); shall not be made available to the public and shall be used solely for the purposes of tax collection or law enforcement. ``(d) Deeming Rule.--For the purposes of this section-- ``(1) an interstate sale or delivery of cigarettes or smokeless tobacco shall be deemed to have occurred in the State and place where the buyer obtains personal possession of the cigarettes or smokeless tobacco; and ``(2) a delivery pursuant to an interstate sale is deemed to have been initiated or ordered by the seller. ``SEC. 3. CIVIL ACTION. ``(a) In General.--In addition to any other remedies available under other Federal or State or local law, the attorney general of a State or the chief law enforcement officer of a local government that imposes an excise tax on cigarettes or smokeless tobacco may in a civil action obtain any appropriate relief, including money damages, civil penalties, and injunctive or other equitable relief where appropriate, against-- ``(1) any person who violates, or is about to engage in a violation of, section 2; or ``(2) any person who knowingly assists or participates, or knowingly is about to engage, in such a violation. ``(b) Notice.--No attorney general of a State or chief law enforcement officer of a local government may commence an action pursuant to subsection (a) prior to 60 days after the State attorney general has given notice of his intent to commence the action to the Attorney General of the United States. If the Attorney General of the United States has commenced and is diligently prosecuting a civil action against the persons named in the notice for the violation described in the notice, then the State attorney general may not commence an action against that defendant for that violation but may join the United States Attorney General's action solely for the purpose of establishing and collecting State damages. ``(c) Limitations on Civil Actions by Local Governments.--The chief law enforcement officer of a local government may not bring any unconsented suit pursuant to this Act against any Federal, State, local, or tribal governmental entity. ``(d) Referrals of Local Violations for Enforcement.--The chief law enforcement officer of a local government may provide evidence of a violation of its excise tax on cigarettes or smokeless tobacco under section 2(a) of this Act to the Attorney General of the United States, the United States Attorney with jurisdiction over the locality, or the attorney general of the State in which the local government is located. Upon referral, the Attorney General of the United States or the United States Attorney shall take appropriate actions to enforce this Act. ``(e) Availability of Information.--The Attorney General of the United States shall make information about Federal, State, and other efforts to enforce this Act publicly available, through posting the information on the Internet and through other means. ``SEC. 4. CIVIL PENALTY. ``Whoever violates section 2 is subject to a civil penalty not to exceed $5,000 in the case of a first violation, and, in any other case, not to exceed $10,000 or, if it is higher, 5 percent of the gross revenue from interstate sales or distributions of cigarettes or smokeless tobacco by such person during the 1-year period ending on the date of the violation. ``SEC. 5. CRIMINAL PENALTIES. ``(a) Section 2(a) Violations.--Whoever violates section 2(a) shall be fined under title 18, United States Code, or imprisoned not more than 3 years, or both. ``(b) Section 2(b) Violations.--Whoever violates section 2(b) shall be guilty, fined under title 18, United States Code, or imprisoned not more than 6 months, or both. ``SEC. 6. NONPREEMPTION. ``This Act does not limit the remedies provided by State, tribal, Federal, or other law with respect to alleged violations of State, tribal, Federal, or other law relating to a sale or distribution of cigarettes or smokeless tobacco in connection with an interstate sale or distribution of cigarettes or smokeless tobacco. Nothing in this Act shall be construed to prohibit an authorized State or local government official from proceeding in State court or taking other enforcement actions on the basis of alleged violations of State or other law, or an authorized tribal government official from proceeding in tribal court or taking other enforcement action, on the basis of alleged violations of tribal or other law. ``SEC. 7. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. ``(a) Indian Country.--The provisions of this Act relating to State tax collection do not apply to a sale of cigarettes or smokeless tobacco that occurs exclusively in Indian country (as defined in section 1151 of title 18, United States Code) owned or occupied by an Indian tribe to a consumer located in that Indian Country who is an individual member of the same Indian tribe. ``(b) Intergovernmental Arrangements.--Nothing in this Act is intended nor shall be construed to affect, amend, or modify-- ``(1) any agreement, compact, or other intergovernmental arrangement between any State or local government and any Indian tribe relating to the collection of taxes on cigarettes or smokeless tobacco sold on tribal lands; or ``(2) any State law that pertains to any such intergovernmental arrangement or creates special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold on tribal lands. ``(c) Coordinated Law Enforcement Efforts.--Nothing in this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that-- ``(1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; ``(2) provides for the seizure of tobacco products or other property related to a violation of such laws; or ``(3) establishes cooperative programs for the administration of such laws. ``SEC. 8. DEFINITIONS. ``As used in this Act-- ``(1) the term `attorney general', with respect to a State, means the chief law enforcement officer of that State, or the designee of that officer; ``(2) the term `cigarette' means-- ``(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be heated or burned; ``(B) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A); ``(C) any roll of tobacco wrapped in any substance that because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette; or ``(D) loose rolling tobacco that, because of its appearance, type, packaging, or labeling, is likely to be offered to, or purchased by, consumers as tobacco for making cigarettes; ``(3) the term `smokeless tobacco' means any product intended or marketed for human consumption containing finely cut, ground, powdered, leaf, or other tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; ``(4) the term `interstate sale of cigarettes or smokeless tobacco' means any sale of cigarettes or smokeless tobacco in interstate or foreign commerce to a person, other than a person licensed or otherwise authorized as a distributor, wholesaler, or retailer in the State where the cigarettes or smokeless tobacco is delivered, in which-- ``(A) the buyer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is not in the physical presence of the buyer when the request for purchase or order is made; or ``(B) the cigarettes or smokeless tobacco are delivered by use of a common carrier, private delivery service, or the mails, or the seller is not in the physical presence of the buyer when the buyer obtains physical possession of the delivered cigarettes or smokeless tobacco; ``(5) the term `interstate or foreign commerce' means commerce between a State and any place outside that State, commerce between a State and any Indian lands in that State, or commerce between points in the same State but through any place outside that State; ``(6) the term `interstate distribution of cigarettes or smokeless tobacco' means a delivery or other distribution of cigarettes or smokeless tobacco pursuant to an interstate sale of cigarettes or smokeless tobacco; ``(7) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(8) the term `person' means an individual, a corporation, company, association, firm, partnership, society, joint stock company, an Indian tribal organization, or an Indian tribal government; ``(9) the term `tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and ``(10) the term `Indian lands' has the meaning given that term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb).''. SEC. 3. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL EFFECT OF THIS ACT. It is the sense of Congress that unique harms are associated with the remote interstate sales of cigarette and smokeless tobacco, including problems associated with verifying the legal age of consumers and long-term negative health effects associated with the continued use of these products. This Act further affirms Congress' longstanding interest in encouraging compliance and enforcement of State laws that relate to the remote sales, including internet sales, of these specific harmful products. Enacted more than 50 years ago, the Jenkins Act established reporting requirements for remote interstate sellers of cigarettes in order to reduce incentives for smuggling and to help states enforce tobacco taxes. In light of the unique federal policy and historic distinctions between cigarettes and smokeless tobacco and other products, the requirements of this Act are in no way meant to create, and ought not be considered, precedent regarding the collection of State sales or use taxes by out-of-state entities that lack a physical presence within the taxing State. SEC. 4. EFFECTIVE DATE. The amendment made by this Act shall take effect on the first day of the first month beginning on or after 60 days after the date of the enactment of this Act.
Local Government Internet Tobacco Sales Enforcement Act of 2004 - Amends the Jenkins Act to require each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco to comply with all applicable excise, sales, and use tax laws in the State and place in which the cigarettes or smokeless tobacco are delivered. Prohibits the cigarettes or smokeless tobacco from being delivered to the buyer unless in advance of the delivery the excise tax has been paid and any required stamps or other indicia that such tax has been paid are properly affixed or applied, with an exception. Authorizes a State attorney general or the chief law enforcement officer of a local government that imposes an excise tax on cigarettes or smokeless tobacco to bring a civil action to obtain appropriate relief against anyone who violates such prohibition or who knowingly assists or participates in such a violation. Declares that the Act does not prohibit an authorized State, local, or tribal government official from proceeding in State or tribal court. Makes the Act's provisions regarding State tax collection inapplicable to certain sales that occur exclusively in Indian country. Expresses the sense of Congress that unique harms are associated with the remote interstate sales of cigarette and smokeless tobacco. Affirms Congress' longstanding interest in encouraging compliance and enforcement of State laws that relate to remote (including Internet) sales of such products.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The first European exploration of the Hudson River and Lake Champlain and the introduction of steam navigation to maritime commerce were events of major historical importance, both in the United States and internationally. (2) In 1609, Englishman Henry Hudson, acting in service of the Dutch East India Company, was the first European to sail up the river later named for him in the vessel HALF MOON, and French explorer Samuel de Champlain was the first European to see the lake later named for him. (3) These voyages were 2 of the most significant passages in the European exploration and discovery of America, and began 2 of the earliest contacts in the New World between Native Americans and Europeans. (4) These explorations led to the establishment of Fort Orange, Dutch and later English settlement of what is now the capital city of the State of New York, and settlement of French Quebec settlements as far south as Lake George. From these early settlements came an influence on our history, culture, law, commerce, and traditions of liberty which extends to the present day, and which is constantly reflected in the position of the United States as the leader of the nations of the free world. (5) In 1807, Robert Fulton navigated the Hudson River from the city of New York to Albany in the steamboat CLERMONT, successfully inaugurating steam navigation on a commercial basis. This event is one of the most important events in the history of navigation. It revolutionized waterborne commerce on the great rivers of the United States, transformed naval warfare, and fostered international relations through transoceanic travel and trade. (6) The National Park Service owns and operates significant resources in New York related to the early history of the nation and the Hudson River Valley. (7) In 2002 the State of New York enacted legislation establishing a State Hudson-Fulton-Champlain Commission. (b) Purpose.--The purpose of this Act is to establish the Hudson- Fulton-Champlain 400th Commemoration Commission to-- (1) ensure a suitable national observance of the Henry Hudson, Robert Fulton, and Samuel de Champlain 2009 anniversaries through cooperation with and assistance to the programs and activities of New York, New Jersey, and Vermont; (2) assist in ensuring that Hudson-Fulton-Champlain 2009 observances provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the New York, New Jersey, and Vermont sites; (3) assist in ensuring that Hudson-Fulton-Champlain 2009 observances are inclusive and appropriately recognize the diverse Hudson River and Lake Champlain communities that developed over 4 centuries; (4) facilitate international involvement in the Hudson- Fulton-Champlain 2009 observances; (5) support and facilitate marketing efforts for a commemorative coin, a commemorative stamp, and related activities for the Hudson-Fulton-Champlain 2009 observances; and (6) assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of-- (A) the 200th anniversary of Robert Fulton's voyage in the CLERMONT; (B) the 400th anniversary of Henry Hudson's voyage in the HALF MOON; and (C) the 400th anniversary of Samuel de Champlain's voyage. (2) Commission.--The term ``Commission'' means the Hudson- Fulton-Champlain 400th Commemoration Commission established by section 4(a). (3) Governors.--The term ``Governors'' means the Governors of the States of New York, New Jersey, and Vermont. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) States.--The term ``States''-- (A) means the States of New York, New Jersey, and Vermont; and (B) includes agencies and entities of each such State. SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORATION COMMISSION. (a) In General.--There is established a commission to be known as the ``Hudson-Fulton-Champlain 400th Commemoration Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 31 members, of whom-- (A) 3 members shall be appointed by the Secretary, after consideration of the recommendations of the Governors; (B) 14 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the House of Representatives whose districts encompass the Hudson River Valley and Champlain Valley; (C) 6 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the Senate from New York, New Jersey, and Vermont; (D) 2 members shall be employees of the National Park Service, of whom-- (i) one shall be the Director of the National Park Service (or a designee); and (ii) one shall be an employee of the National Park Service having experience relevant to the commemoration, who shall be appointed by the Secretary; (E) one member shall be appointed by the Secretary, and shall be an individual knowledgeable of the Hudson River Valley National Heritage Area; and (F) 5 members shall be appointed by the Secretary, and shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration. (2) Term; vacancies.-- (A) Term.--Each member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) at least twice each year; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the Commission shall constitute a quorum. (5) Chairperson and vice chairperson.--(A) The Commission shall elect the chairperson and the vice chairperson of the Commission on an annual basis. (B) The vice chairperson shall serve as the chairperson in the absence of the chairperson. (c) Duties.-- (1) In general.--The Commission shall-- (A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River, the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis, the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain; (B) facilitate Hudson-Fulton-Champlain-related activities throughout the United States; (C) coordinate its activities with State commemoration commissions and appropriate Federal Government agencies, including the Departments of Agriculture, Defense, State, and Transportation, the National Park Service with respect to the Hudson River Valley National Heritage Area, and the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997; (D) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain; (E) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration; (F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain; and (G) ensure that the Hudson-Fulton-Champlain 2009 anniversaries provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. (2) Plans; reports.-- (A) Strategic plan; annual performance plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act. (B) Final report.--Not later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains-- (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. (d) Powers of the Commission.--The Commission may-- (1) disperse funds, and accept donations of personal services and real and personal property related to Hudson- Fulton-Champlain 2009 and of the significance of Hudson, Fulton, and Champlain in the history of the United States; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, make grants in amounts not to exceed $20,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; and (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Hudson, Fulton, and Champlain. (e) Commission Personnel Matters.-- (1) Compensation of members of the commission.-- (A) In general.--Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status.--The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No Effect on Authority.--Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. (i) Termination.--The Commission shall terminate on December 31, 2010.
Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2002 - Establishes the Hudson-Fulton-Champlain 400th Commemoration Commission to plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Henry Hudson (the first European to sail up the Hudson River in the vessel Half Moon), the 200th anniversary of the voyage of Robert Fulton (navigated the Hudson River in the steamboat Clermont, becoming the first person to use steam navigation on a commercial basis), and the 400th anniversary of the voyage of Samuel de Champlain (the first European to discover and explore Lake Champlain).
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Working Families Child Care Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Authorization of appropriations for child care for low-income working families and for child care supply shortages. Sec. 4. Expenditures for child care service for low-income working families and for child care supply shortages. Sec. 5. Report on access to child care by low-income working families. SEC. 2. FINDINGS. Congress makes the following findings: (1) Availability and affordability of quality child care is a major obstacle for working parents who struggle to remain self-sufficient. (A) Compared to all other income groups, the working poor are the least likely to receive assistance with their child care costs. (B) Low-income families spend 24 percent of their household income on child care, whereas middle-income families spend 6 percent of their household income on child care. (C) 38 States have waiting lists for child care for the working poor. Among those States, Georgia has 41,000 individuals on its waiting list, Texas has 36,000 individuals on its waiting list, and Illinois and Alabama each have 20,000 individuals on their waiting lists. (D) One survey of low-income families on a waiting list for subsidized child care found that of those families paying for child care out of their own funds, 71 percent faced serious debt or bankruptcy. (E) Half of the States and the District of Columbia, even before the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105) during the 104th Congress, increased the proportion of child care slots or dollars going to families on welfare, rather than to working poor families. (2) The Congressional Budget Office estimates that there will be $1,400,000,000 less expenditures of child care funds for working poor families as a result of the States implementing the work requirements imposed under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105). (3) Important types of child care are not available in certain States including infant care, school-age care, care for children with disabilities and special health care needs, and child care for parents with unconventional or shifting work hours. (A) A 1995 State study by the Comptroller General of the United States found a shortage of child care for infants and children with special needs in inner cities, and a shortage of all types of child care in rural areas. (B) Only one-third of the schools in low-income neighborhoods offer school-age child care, compared with 52 percent of schools in more affluent areas offering such care. (C) Eighth-graders who are left home alone for 11 or more hours a week report significantly greater use of cigarettes, alcohol, and marijuana than eighth- graders who are not left home alone. (D) Existing child care arrangements do not accommodate the work schedules of many working women. According to a 1995 statistic published by the Department of Labor, 14,300,000 workers, nearly 1 in 5 full-time workers work nonstandard hours, and more than 1 in 3 of those workers are women. (E) Only 10 percent of child care centers and 6 percent of family day care providers offer child care on weekends. Yet one-third of working mothers with annual incomes below the poverty level and one-quarter of mothers with annual incomes above the poverty level but below $25,000 work on weekends. (F) Less than 30 percent of Head Start programs operate on a full-time, full-year basis. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR CHILD CARE FOR LOW-INCOME WORKING FAMILIES AND FOR CHILD CARE SUPPLY SHORTAGES. Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(excluding subparagraphs (E) and (F) of section 658E(c)(3))'' after ``subchapter'', (2) by inserting ``(a)'' before ``There'', and (3) and by adding at the end the following: ``(b) There is authorized to be appropriated to provide child care services under this chapter to satisfy the requirement specified in section 658E(c)(3)(E) $1,400,000,000 for each of the fiscal years 1997 through 2002. ``(c) There is authorized to be appropriated to carry out child care activities under this chapter to satisfy the requirement specified in section 658E(c)(3)(F) $500,000,000 for each of the fiscal years 1997 through 2002.''. SEC. 4. EXPENDITURES FOR CHILD SERVICES CARE FOR LOW-INCOME WORKING FAMILIES AND FOR CHILD CARE SUPPLY SHORTAGES. (a) Required State Expenditures.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care for certain low-income working families.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(b) with respect to each of the fiscal years 1997 through 2002 shall be used to provide child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section subparagraph (D). ``(F) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(c) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of prekindergarten programs to provide full-day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (c) Conforming Amendment.--Section 658E(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(F)''. SEC. 5. REPORT ON ACCESS TO CHILD CARE BY LOW-INCOME WORKING FAMILIES. (a) State Reporting Requirement.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (b) Secretarial Reporting Requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''.
Working Families Child Care Act of 1997 - Amends the Child Care Development Block Grant Act of 1990 to authorize appropriations for grants to States for child care for: (1) low-income working families; and (2) areas with child care shortages. Requires States to use certain of such funds to provide child care services for: (1) families who have left the State program of assistance under title IV part A (Temporary Assistance for Needy Families (TANF)) of the Social Security Act because of employment; (2) families that are at risk of becoming dependent on such assistance program; and (3) low-income working families meeting specified criteria. Requires States to use certain of such funds for child care activities in areas of the State that have child care supply shortages. Includes among such child care activities programs for: (1) infant care; (2) before- and after-school; (3) resources and referrals; (4) nontraditional work hours; (5) extending the hours of pre-kindergarten programs to provide full-day services; and (6) any other program the Secretary deems appropriate. Requires State reports to include information on access to child care by low-income working families. Requires reports of the Secretary to place particular emphasis on such access.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Near East and South Central Asia Religious Freedom Act of 2011''. SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM OF RELIGIOUS MINORITIES IN THE NEAR EAST AND SOUTH CENTRAL ASIA. (a) Appointment.--The President may appoint a Special Envoy To Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia (in this Act referred to as the ``Special Envoy'') within the Department of State. The Special Envoy shall have the rank of ambassador and shall hold the office at the pleasure of the President. (b) Qualifications.--The Special Envoy should be a person of recognized distinction in the field of human rights and religious freedom. SEC. 3. DUTIES. (a) In General.--The Special Envoy shall carry out the following duties: (1) Promoting the right of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia, denouncing the violation of such right, and recommending appropriate responses by the United States Government when such right is violated. (2) Monitoring and combating acts of religious intolerance and incitement targeted against religious minorities in the countries of the Near East and the countries of South Central Asia. (3) Working to ensure that the unique needs of religious minority communities in the countries of the Near East and the countries of South Central Asia are addressed, including the economic and security needs of such communities. (4) Working with foreign governments of the countries of the Near East and the countries of South Central Asia to address laws that are discriminatory toward religious minority communities in such countries. (5) Coordinating and assisting in the preparation of that portion of the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (6) Coordinating and assisting in the preparation of that portion of the report required by section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (b) Coordination.--In carrying out the duties under subsection (a), the Special Envoy shall, to the maximum extent practicable, coordinate with the Assistant Secretary of State for Population, Refugees and Migration, the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, and other relevant Federal agencies and officials. SEC. 4. DIPLOMATIC REPRESENTATION. Subject to the direction of the President and the Secretary of State, the Special Envoy is authorized to represent the United States in matters and cases relevant to religious freedom in the countries of the Near East and the countries of South Central Asia in-- (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, and other international organizations of which the United States is a member; and (2) multilateral conferences and meetings relevant to religious freedom in the countries of the Near East and the countries of South Central Asia. SEC. 5. CONSULTATIONS. The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this Act. SEC. 6. FUNDING. Of the amounts appropriated or otherwise made available to the Secretary of State for ``Diplomatic and Consular Programs'' for fiscal years 2011 through 2015, the Secretary of State is authorized to provide to the Special Envoy $1,000,000 for each such fiscal year for the hiring of staff, the conduct of investigations, and necessary travel to carry out the provisions of this Act. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``countries of the Near East''-- (A) means Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen; and (B) includes the West Bank and Gaza; and (2) the term ``countries of South Central Asia'' means Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal, Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.
Near East and South Central Asia Religious Freedom Act of 2011 - Authorizes the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State. Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom. Defines "countries of the Near East" as Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, Yemen, and including the West Bank and Gaza. Defines "countries of South Central Asia" as Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal, Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victim Restitution and Court Fee Intercept Act''. SEC. 2. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by redesignating subsections (g) through (l) as subsections (h) through (m), respectively, and by inserting after subsection (e) the following: ``(g) Collection of Past-Due, Legally Enforceable State Judicial Debts.-- ``(1) In general.--Upon receiving notice from any State judicial branch or State agency designated by the chief justice of the State's highest court that a named person owes a past- due, legally enforceable State judicial debt to or in such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such State judicial debt; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State judicial branch or State agency and notify such State judicial branch or State agency of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State judicial debt. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. ``(2) Priorities for offset.--Any overpayment by a person shall be reduced pursuant to this subsection-- ``(A) after such overpayment is reduced pursuant to-- ``(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; ``(ii) subsection (c) with respect to past- due support; ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; ``(iv) subsection (e) with respect to any past-due, legally enforceable State income tax obligations; and ``(v) subsection (f) with respect to any covered unemployment compensation debt; and ``(B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from 1 or more State agencies, or from 1 or more State agencies and the State judicial branch, of more than 1 debt subject to paragraph (1) that is owed by such person to such State agency or State judicial branch, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(3) Notice; consideration of evidence.--Rules similar to the rules of subsection (e)(4) shall apply with respect to debts under this subsection. ``(4) Past-due, legally enforceable state judicial debt.-- ``(A) In general.--For purposes of this subsection, the term `past-due, legally enforceable State judicial debt' means a debt-- ``(i) which resulted from a judgment or sentence rendered by any court or tribunal of competent jurisdiction which-- ``(I) handles criminal or traffic cases in the State; and ``(II) has determined an amount of State judicial debt to be due; and ``(ii) which resulted from a State judicial debt which has been assessed and is past-due but not collected. ``(B) State judicial debt.--For purposes of this paragraph, the term `State judicial debt' includes court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the State. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which State judicial branches and State agencies must submit notices of past-due, legally enforceable State judicial debts and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State judicial monies and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require State judicial branches and State agencies to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state.--Any State judicial branch or State agency receiving notice from the Secretary that an erroneous payment has been made to such State judicial branch or State agency under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State judicial branch or State agency under such paragraph have been paid to such State judicial branch or State agency).''. (b) Disclosure of Return Information.--Section 6103(l)(10) of the Internal Revenue Code of 1986 (relating to disclosure of certain information to agencies requesting a reduction under subsection (c), (d), (e), or (f) of section 6402) is amended by striking ``or (f)'' each place it appears in the text and heading and inserting ``(f), or (g)''. (c) Conforming Amendments.-- (1) Section 6402(a) of the Internal Revenue Code of 1986 is amended by striking ``and (f)'' and inserting ``(f), and (g)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``and (f)'' and inserting ``(f), and (g)''. (3) Paragraph (3)(B) of section 6402(e) of such Code is amended to read as follows: ``(B) before such overpayment is-- ``(i) reduced pursuant to subsection (g) with respect to past-due, legally enforceable State judicial debts, and ``(ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).''. (4) Paragraph (2)(B) of section 6402(f) of such Code is amended to read as follows: ``(B) before such overpayment is-- ``(i) reduced pursuant to subsection (g) with respect to past-due, legally enforceable State judicial debts, and ``(ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).''. (5) Section 6402(h) of such Code, as so redesignated, is amended by striking ``or (f)'' and inserting ``(f), or (g)''. (6) Section 6402(j) of such Code, as so redesignated, is amended by striking ``or (f)'' and inserting ``(f), or (g)''. (d) Effective Date.--The amendments made by this Act shall apply to refunds payable for taxable years beginning after December 31, 2008.
Crime Victim Restitution and Court Fee Intercept Act - Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person. Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past-due."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Reporting Improvement Act of 2013''. SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH. (a) Title 18 Definitions.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 921(a), by adding at the end the following: ``(36)(A) Subject to subparagraph (B), the term `has been adjudicated mentally incompetent or has been committed to a psychiatric hospital', with respect to a person-- ``(i) means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body-- ``(I) that was issued after a hearing-- ``(aa) of which the person received actual notice; and ``(bb) at which the person had an opportunity to participate with counsel; and ``(II) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness-- ``(aa) was an imminent danger to himself or to others; ``(bb) was guilty but mentally ill in a criminal case; ``(cc) was not guilty in a criminal case by reason of insanity or mental disease or defect; ``(dd) was incompetent to stand trial in a criminal case; ``(ee) was not guilty only by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice); ``(ff) required involuntary inpatient treatment by a psychiatric hospital; ``(gg) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is an imminent danger to himself or to others; or ``(hh) required involuntary commitment to a psychiatric hospital for any reason, including drug use; and ``(ii) does not include-- ``(I) a person who is in a psychiatric hospital for observation; or ``(II) a voluntary admission to a psychiatric hospital. ``(B) In this paragraph, the term `order or finding' does not include-- ``(i) an order or finding that-- ``(I) has expired or has been set aside or expunged; or ``(II) requires treatment, supervision, or monitoring of a person, from which treatment, supervision, or monitoring the person has been fully released or discharged; ``(ii) an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding-- ``(I) does not present a danger to himself or to others; ``(II) has been restored to sanity or cured of mental disease or defect; ``(III) has been restored to competency; or ``(IV) no longer requires involuntary inpatient or outpatient treatment by, or involuntary commitment to, a psychiatric hospital; or ``(iii) an order or finding with respect to which the person who is subject to the order or finding has been found to be rehabilitated or has been granted relief from disabilities through any procedure available under the law of the jurisdiction in which the order or finding was issued. ``(37) The term `psychiatric hospital' includes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.''; and (2) in section 922-- (A) in subsection (d)(4)-- (i) by striking ``as a mental defective'' and inserting ``mentally incompetent''; and (ii) by striking ``any mental institution'' and inserting ``a psychiatric hospital''; and (B) in subsection (g)(4)-- (i) by striking ``as a mental defective or who has'' and inserting ``mentally incompetent or has''; and (ii) by striking ``mental institution'' and inserting ``psychiatric hospital''. (b) Technical and Conforming Amendment.--The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended-- (1) by striking ``as a mental defective'' each place that term appears and inserting ``mentally incompetent''; (2) by striking ``mental institution'' each place that term appears and inserting ``psychiatric hospital''; and (3) in section 102(c)(3)-- (A) in the paragraph heading, by striking ``as a mental defective or committed to a mental institution'' and inserting ``mentally incompetent or committed to a psychiatric hospital''; and (B) by striking ``mental institutions'' and inserting ``psychiatric hospitals''.
NICS Reporting Improvement Act of 2013 - Amends federal firearms provisions to define a person who has been adjudicated mentally incompetent or who has been committed to a psychiatric hospital as a person who is the subject of an order or finding issued by a court, board, commission, or other adjudicative body (after a hearing of which the person received actual notice and at which the person had an opportunity to participate with counsel) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness: (1) was an imminent danger to himself or others, (2) was guilty but mentally ill in a criminal case, (3) was not guilty in a criminal case by reason of insanity or mental disease or defect, (4) was incompetent to stand trial in a criminal case, (5) was not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice, (6) required involuntary inpatient treatment by a psychiatric hospital, (7) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person was an imminent danger to himself or others, or (8) required involuntary commitment to a psychiatric hospital for any reason, including drug use. Excludes: (1) a person who is in a psychiatric hospital for observation or due to a voluntary admission, and (2) an order or finding that has expired, that has been set aside or expunged, or that is no longer applicable. Defines "psychiatric hospital" to include a mental health facility, mental hospital, sanitarium, psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital. Prohibits: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been adjudicated mentally incompetent (currently, mental defective) or has been committed to a psychiatric hospital (currently, to any mental institution); and (2) the shipment, transport, or possession in interstate or foreign commerce of a firearm or ammunition by, or the receipt of a firearm or ammunition which has been shipped or transported in such commerce by, any such person. Makes conforming amendments to the NICS Improvement Amendments Act of 2007.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``The White House Conference on Food and Nutrition''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hunger and undernutrition are political conditions that can be solved. (2) Access to healthy food and good nutrition should be a fundamental right of all Americans. (3) Nearly 40 years have passed since the United States convened a White House conference to comprehensively address the issues of food, hunger, health, and nutrition in America. (4) More than 35,500,000 Americans live in households that face a constant struggle against hunger, 12,600,000 of whom are children and 5,000,000 of whom are seniors, the disabled, and the critically ill. (5) The Government spends more than $55,000,000,000 every year responding to the concurrent epidemics of hunger and undernutrition, yet the number of Americans facing hunger continues to grow and our Nation's nutritional health is declining. (6) Conservative cost estimates show that the true cost of hunger and illness related to undernutrition in America is at least $90,000,000,000 a year, more than half of which is paid by Medicare and Medicaid. (7) Appropriate food and nutrition can save the United States billions of dollars in health care costs by preventing or delaying the progression to late-stage disease for tens of millions of Americans who live with chronic diseases, such as diabetes, HIV, AIDS, and heart disease. The costs of the effects and treatments of those diseases are significantly exacerbated by hunger, food insecurity, and undernutrition. (8) A national discussion of the root causes of hunger, food insecurity, and undernutrition, as well as identification of solutions to these epidemics, can lead to action to implement such solutions and to end hunger in America. SEC. 3. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--Not later than December 31, 2010, the President shall call the White House Conference on Food and Nutrition (in this Act referred to as the ``Conference'') to be convened not later than 18 months after the selection of the Policy Committee established in section 4, in order to make fundamental policy recommendations on ways to end hunger and to improve nutrition in the United States and to implement the purposes set forth in subsection (c). (b) Planning and Direction.--The Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Treasury (in this Act referred to as the ``Cochairs'') shall plan, conduct, and convene the Conference, in consultation with the Surgeon General. (c) Purposes of the Conference.--The purposes of the Conference are to-- (1) identify viable solutions for ending hunger in the United States; (2) review the current structure, scope, and effectiveness of existing legislation and programs at the Federal, State, and local levels that provide for the nutritional needs of food- insecure people living in the United States; (3) determine the extent to which current Federal, State, and local programs that provide for the nutritional health of Americans can better use available resources and ensure greater coordination among such programs; (4) identify new ways to utilize the abundant agricultural resources of the United States to meet the nutritional needs of all Americans; (5) highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable Americans and recommend such programs as can be reasonably and cost-effectively replicated; (6) identify opportunities for effective partnerships between the Government, industry, labor, healthcare, and the nonprofit sectors to fight hunger in the United States; (7) explore the possibility of creating a Federal office within the Department of Agriculture to oversee the Nation's response to persistent and widespread hunger and food insecurity, to include the oversight and coordination of all Federal, State, and local antihunger programs; (8) bring public attention to the more than 35,500,000 people living in the United States that face a constant struggle against hunger, food insecurity, and inadequate nutrition; (9) illustrate the medical, developmental, and educational impact of hunger, food insecurity, and inadequate nutrition, and the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; (10) build understanding of the true cost of hunger in the United States, to include lost wages, diminished stamina, reduced capacity to learn, and the impact of despair; and (11) build understanding that the ever-burgeoning dual epidemic of hunger and undernutrition is a matter of national security. SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2009, there is established a Policy Committee comprising of 17 members to be selected as follows: (1) Presidential appointees.--Nine members shall be selected by the President and shall include-- (A) 3 members who are officers or employees of the United States, including the Surgeon General; and (B) 6 members with experience in addressing the needs of food-insecure and undernourished people in the United States. (2) House appointees.-- (A) Two members shall be selected by the Speaker of the House of Representatives after consultation with the chairperson of the Committee on Education and Labor, the chairperson of the Committee on Ways and Means, and the chairperson of the Committee on Agriculture, of the House of Representatives. (B) Two members shall be selected by the minority leader of the House of Representatives, after consultation with the ranking minority members of such committees. (3) Senate appointees.-- (A) Two members shall be selected by the majority leader of the Senate, after consultation with members of the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, and the Committee on Finance, and the Appropriations Subcommittee on Agriculture, Rural Development, and Related Agencies, of the Senate. (B) Two members shall be selected by the minority leader of the Senate, after consultation with members of such committees. (b) Voting; Chairperson.-- (1) The Policy Committee shall act by the vote of a majority of the members present. A quorum of Committee members shall not be required to conduct Committee business. (2) The Surgeon General shall serve as the chairperson of the Policy Committee. The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (c) Duties of the Policy Committee.--The Policy Committee shall initially meet at the call of the Cochairs, not later than 30 days after the last member is selected under subsection (a). Subsequent meetings of the Policy Committee shall be held at the call of the chairperson. Through meetings, hearings, and working sessions, the Policy Committee shall-- (1) make recommendations to the Cochairs to facilitate the timely convening of the Conference; (2) submit to the Cochairs a proposed agenda for the Conference not later than 90 days after the first meeting of the Policy Committee; (3) make recommendations for the delegates of the Conference; (4) establish the number of delegates to be selected under section 5; and (5) establish an executive committee consisting of 3 members of the Policy Committee to work with delegates of the Conference. SEC. 5. CONFERENCE DELEGATES. To carry out the purposes of the Conference, the Cochairs shall bring together delegates representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) professional people and laypeople who are working in the field of food, health, nutrition, and economic security; and (3) representatives of the general public who are affected by hunger in the United States. SEC. 6. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this section, the Cochairs shall-- (1) provide written notice to all members of the Policy Committee of each meeting, hearing, or working session of such Committee not later than 48 hours before the occurrence of such meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate, including the detailing of personnel; (3) make available for public comment a proposed agenda prepared by the Policy Committee, which will reflect to the greatest extent possible the major issues facing the field of food and nutrition consistent with the purposes of the Conference set forth in section 3(c); (4) prepare and make available background materials that the Cochairs deem necessary for the use of delegates to the Conference; and (5) employ such additional personnel as may be necessary to carry out the provisions of this Act without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Duties.--In carrying out the Cochairs's responsibilities and functions under this section, the Cochairs shall ensure that-- (1) the proposed agenda prepared under subsection (a)(3) is published in the Federal Register not later than 30 days after such agenda is approved by the Policy Committee; (2) the personnel employed under subsection (a)(5) are fairly balanced in terms of points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference are not inappropriately influenced by any public official or by any special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (4) before the Conference is convened-- (A) current and adequate statistical data (including decennial census data) and other information on food and nutrition in the United States; and (B) such information as may be necessary to evaluate Federal programs and policies relating to food and nutrition; which the Cochairs may obtain by making grants to or entering into an agreement with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. (c) Gifts.--The Cochairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. Gifts of cash shall be available in addition to amounts appropriated to carry out this title. Gifts may be earmarked by the donor or the executive committee for a specific purpose. (d) Records.--The Cochairs shall maintain records regarding-- (1) the sources, amounts, and uses of gifts accepted under subsection (c); and (2) the identity of each person receiving assistance to carry out this Act, and the amount of such assistance received by each such person. SEC. 7. REPORT OF THE CONFERENCE. (a) Preliminary Report.--Not later than 100 days after the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference which shall be published in the Federal Register and submitted to the chief executive officers of the States. The Policy Committee shall request that the chief executive officers of the States submit to the Policy Committee, not later than 45 days after receiving such report, their views and findings on such report. (b) Final Report.--Not later than 6 months after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report of the Conference which shall include a compilation of the views and findings of the chief executive officers of the States received under subsection (a); and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. SEC. 8. STATUS REPORTS. (a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Surgeon General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 7(b)(1); and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 5 years thereafter until all recommendations in the final report described in section 7(b)(1) are achieved, the Comptroller General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in such final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. SEC. 9. DEFINITION OF STATE. For the purposes of this Act, the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, or the Commonwealth of the Northern Mariana Islands. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated to carry out this Act-- (A) such sums as may be necessary for the first fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) such sums as may be necessary for the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts. (b) Availability of Funds.-- (1) In general.--Except as provided in paragraph (3), funds appropriated to carry out this Act and funds received as gifts under section 6(c) shall remain available for obligation or expenditure until the expiration of the 1-year period beginning on the date the Conference adjourns. (2) Unobligated funds.--Except as provided in paragraph (3), any such funds neither expended nor obligated before the expiration of the 1-year period beginning on the date the Conference adjourns shall be returned to the United States Treasury. (3) Conference not convened.--If the Conference is not convened before December 31, 2010, a trust fund shall be established and such funds shall only be available for a future Conference on Food and Nutrition.
The White House Conference on Food and Nutrition - Directs: (1) the President to call the White House Conference on Food and Nutrition to be convened in order to make fundamental policy recommendations on ways to end hunger and to improve nutrition in the United States; and (2) the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Treasury to plan and conduct the Conference. Sets forth Conference provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Contractor Health Insurance Equity Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Contract.--The term ``contract'' means any contract for items or services or any lease of Government property (including any subcontract of such contract or any sublease of such lease)-- (A) the consideration with respect to which is greater than $75,000 per year, ``(B) with respect to a contract for services, requires at least 1000 hours of services, and (B) entered into between any entity or instrumentality of the legislative branch of the Federal Government and any individual or entity employing at least 15 full-time employees. (2) Employee.--The term ``employee'' has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(6)). (3) Entity of the legislative branch.--The term ``entity of the legislative branch'' includes the following: (A) The House of Representatives. (B) The Senate. (C) The Capitol Guide Service. (D) The Capitol Police. (E) The Congressional Budget Office. (F) The Office of the Architect of the Capitol. (G) The Office of the Attending Physician. (H) The Office of Compliance. (4) Group health plan.--The term ``group health plan'' means any plan or arrangement which provides, or pays the cost of, health benefits that are actuarially equivalent to the benefits provided under the standard option service benefit plan offered under chapter 89 of title 5, United States Code. (5) Instrumentality of the legislative branch.--The term ``instrumentality of the legislative branch'' means the following: (A) The General Accounting Office. (B) The Government Printing Office. (C) The Library of Congress. SEC. 3. GENERAL REQUIREMENTS CONCERNING CONTRACTS COVERED UNDER THIS ACT. (a) In General.--Any contract made or entered into by any entity or instrumentality of the legislative branch of the Federal Government shall contain provisions that require that-- (1) all persons employed by the contractor in the performance of the contract or at the location of the leasehold be offered health insurance coverage under a group health plan; and (2) with respect to the premiums for such plan with respect to each employee-- (A) the contractor pay a percentage equal to the average Government contribution required under section 8906 of title 5, United States Code, for health insurance coverage provided under chapter 89 of such title; and (B) the employee pay the remainder of such premiums. (b) Option To Purchase.-- (1) In general.--Notwithstanding section 8914 of title 5, United States Code, a contractor to which subsection (a) applies that does not offer health insurance coverage under a group health plan to its employees on the date on which the contract is to take effect, may obtain any health benefits plan offered under chapter 89 of title 5, United States Code, for all persons employed by the contractor in the performance of the contract or at the location of the leasehold. Any contractor that exercises the option to purchase such coverage shall make any Government contributions required for such coverage under section 8906 of title 5, United States Code, with the employee paying the contribution required for such coverage for Federal employees. (2) Calculation of amount of premiums.--Subject to paragraph (3)(B), the Director of the Office of Personnel Management shall calculate the amount of premiums for health benefits plans made available to contractor employees under paragraph (1) separately from Federal employees and annuitants enrolled in such plans. (3) Review by office of personnel management.-- (A) Annual review.--The Director of the Office of Personnel Management shall review at the end of each calendar year whether the nonapplication of paragraph (2) would result in higher adverse selection, risk segmentation in, or a substantial increase in premiums for such health benefits plans. Such review shall include a study by the Director of the health care utilization and risks of contractor employees. The Director shall submit a report to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate which shall contain the results of such review. (B) Nonapplication of paragraph (2).--Beginning in the calendar year following a certification by the Director of the Office of Personnel Management under subparagraph (A) that the nonapplication of paragraph (2) will not result in higher adverse selection, risk segmentation in, or a substantial increase in premiums for such health benefits plans, paragraph (2) shall not apply. (4) Requirement of opm.--The Director of the Office of Personnel Management shall take such actions as are appropriate to enable a contractor described in paragraph (1) to obtain the health insurance described in such paragraph. (c) Administrative Functions.-- (1) In general.--The office within the entity or instrumentality of the legislative branch of the Federal Government which administers the health benefits plans for Federal employees of such entity or instrumentality shall perform such tasks with respect to plan coverage purchased under subsection (b) by contractors with contracts with such entity or instrumentality. (2) Waiver authority.--Waiver of the requirements of this Act may be made by such office upon application. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act shall apply with respect to contracts executed, modified, or renewed on or after January 1, 1998. (b) Termination.-- (1) In general.--This Act shall not apply on and after October 1, 2002. (2) Transition rule.--In the case of any contract under which, pursuant to this Act, health insurance coverage is provided for calendar year 2002, the contractor and the employees shall, notwithstanding section 3(a)(2), pay 1\1/3\ of the otherwise required monthly premium for such coverage in monthly installments during the period beginning on January 1, 2002, and ending before October 1, 2002.
Congressional Contractor Health Insurance Equity Act - Requires contracts made or entered into by any entity or instrumentality of the legislative branch of the Federal Government to require that employees of certain contractors be offered group health insurance coverage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Mariners of World War II Congressional Gold Medal Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) 2015 marked the 70th anniversary of the Allied victory in World War II and the restoration of peacetime across the European and Pacific theaters. (2) The United States Merchant Marine (in this section referred to as the ``Merchant Marine'') was integral in providing the link between domestic production and the fighting forces overseas, providing combat equipment, fuel, food, commodities, and raw materials to troops stationed abroad. (3) Fleet Admiral Ernest J. King acknowledged the indispensability of the Merchant Marine to the victory in a 1945 letter stating that, without the support of the Merchant Marine, ``the Navy could not have accomplished its mission''. (4) President, and former Supreme Commander of the Allied Forces, Dwight D. Eisenhower acknowledged that ``through the prompt delivery of supplies and equipment to our armed forces overseas, and of cargoes representing economic and military aid to friendly nations, the American Merchant Marine has effectively helped to strengthen the forces of freedom throughout the world''. (5) Military missions and war planning were contingent upon the availability of resources and the Merchant Marine played a vital role in this regard, ensuring the efficient and reliable transoceanic transport of military equipment and both military and civilian personnel. (6) The Merchant Marine provided for the successful transport of resources and personnel despite consistent and ongoing exposure to enemy combatants from both the air and the sea, including from enemy bomber squadrons, submarines, and mines. (7) The efforts of the Merchant Marine were not without sacrifices as the Merchant Marine bore a higher per-capita casualty rate than any other branch of the military during the war. (8) The Merchant Marine proved to be an instrumental asset on an untold number of occasions, participating in every landing operation by the United States Marine Corps, from Guadalcanal to Iwo Jima. (9) The Merchant Marine provided the bulk tonnage of material necessary for the invasion of Normandy, an invasion which, according to a 1944 New York Times article, ``would not have been possible without the Merchant Marine''. (10) In assessing the performance of the Merchant Marine, General Eisenhower stated, ``every man in this Allied command is quick to express his admiration for the loyalty, courage, and fortitude of the officers and men of the Merchant Marine. We count upon their efficiency and their utter devotion to duty as we do our own; they have never failed us''. (11) During a September 1944 speech, President Franklin D. Roosevelt stated that the Merchant Marine had ``delivered the goods when and where needed in every theater of operations and across every ocean in the biggest, the most difficult, and dangerous transportation job ever undertaken. As time goes on, there will be greater public understanding of our merchant fleet's record during this war.''. (12) The feats and accomplishments of the Merchant Marine are deserving of broader public recognition. (13) The United States will be forever grateful and indebted to these merchant mariners for their effective, reliable, and courageous transport of goods and resources in enemy territory throughout theaters of every variety in World War II. (14) The goods and resources transported by the Merchant Marine saved thousands of lives and enabled the Allied Powers to claim victory in World War II. (15) The Congressional Gold Medal would be an appropriate way to shed further light on the service of the merchant mariners in World War II and the instrumental role they played in winning that war. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States merchant mariners of World War II, in recognition of their dedicated and vital service during World War II. (b) Design and Striking.--For the purposes of the award described in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) American Merchant Marine Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the American Merchant Marine Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of Congress that the American Merchant Marine Museum should make the gold medal given to the Museum under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Merchant Marine and that preference should be given to locations affiliated with the United States Merchant Marine. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under 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.
Merchant Mariners of World War II Congressional Gold Medal Act of 2016 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the U.S. merchant mariners of World War II in recognition of their dedicated and vital service during World War II. Expresses the sense of Congress that the American Merchant Marine Museum should make the medal available for display elsewhere, particularly at appropriate locations associated with the U.S. Merchant Marine, giving preference to locations affiliated with it.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Economic Development and Infrastructure for Housing Act of 2007''. SEC. 2. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES. (a) Authority.--To the extent or in such amounts as are provided in appropriation Acts, the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') may, subject to the limitations of this section and upon such terms and conditions as the Secretary may prescribe, guarantee and make commitments to guarantee, the notes and obligations issued by Indian tribes or tribally designated housing entities (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) with tribal approval, for the purposes of financing activities, carried out on Indian reservations and in other Indian areas, that under the first sentence of section 108(a) of the Housing and Community Development Act of 1974 are eligible for financing with notes and other obligations guaranteed pursuant to such section 108. (b) Low-Income Benefit Requirement.--Not less than 70 percent of the aggregate funds received by an Indian tribe or tribally designated housing entity as a result of a guarantee under this section shall be used for the support of activities that benefit low-income Indian families (as such term is defined for purposes of the Native American Housing Assistance and Self-Determination Act of 1996) on Indian reservations and other Indian areas. (c) Financial Soundness.--The Secretary shall establish underwriting criteria for guarantees under this section, including fees for such guarantees, as may be necessary to ensure that the program under this section for such guarantees is financially sound. Such fees shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for such program, as determined based upon risk to the Federal Government under such underwriting requirements. (d) Terms of Obligations.--Notes or other obligations guaranteed pursuant to this section shall be in such form and denominations, have such maturities, and be subject to such conditions as may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this section on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk. (e) Limitation on Percentage.--A guarantee made under this section shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed. (f) Security and Repayment.-- (1) Requirements on issuer.--To ensure the repayment of notes or other obligations and charges incurred under this section and as a condition for receiving such guarantees, the Secretary shall require the Indian tribe or housing entity issuing such notes or obligations to-- (A) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this section; (B) demonstrate that the extent of such issuance and guarantee under this section is within the financial capacity of the tribe; and (C) furnish, at the discretion of the Secretary, such security as may be deemed appropriate by the Secretary in making such guarantees, including increments in local tax receipts generated by the activities assisted by a guarantee under this section or disposition proceeds from the sale of land or rehabilitated property, except that such security may not include any grant amounts received or for which the issuer may be eligible under title I of the Native American Housing Assistance and Self-Determination Act of 1996. (2) Full faith and credit.--The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. (g) Training and Information.--The Secretary, in cooperation with Indian tribes and tribally designated housing entities, shall carry out training and information activities with respect to the guarantee program under this section. (h) Limitations on Amount of Guarantees.-- (1) Aggregate fiscal year limitation.--Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this section, to the extent approved or provided in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount not to exceed $200,000,000 for each of fiscal years 2008 through 2012. (2) Authorization of appropriations for credit subsidy.-- There are authorized to be appropriated to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of guarantees under this section such sums as may be necessary for each of fiscal years 2008 through 2012. No funds appropriated under this Act shall be expended for the benefit of the Cherokee Nation of Oklahoma until the Secretary shall have certified to the Congress that the Cherokee Nation of Oklahoma is in compliance with the Treaty of 1866 and fully recognizes all Cherokee Freedmen and their descendants as citizens of the Cherokee Nation. (3) Aggregate outstanding limitation.--The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this section shall not at any time exceed $1,000,000,000 or such higher amount as may be authorized to be appropriated for this section for any fiscal year. (4) Fiscal year limitations on tribes.--The Secretary shall monitor the use of guarantees under this section by Indian tribes. If the Secretary finds that 50 percent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may-- (A) impose limitations on the amount of guarantees pursuant to this section that any one Indian tribe may receive in any fiscal year of $25,000,000; or (B) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this section. (i) Report.--Not later than the expiration of the 4-year period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress regarding the utilization of the authority under this section by Indian tribes and tribally designated housing entities, identifying the extent of such utilization and the types of projects and activities financed using such authority and analyzing the effectiveness of such utilization in carrying out the purposes of this section. (j) Termination.--The authority of the Secretary under this section to make new guarantees for notes and obligations shall terminate on October 1, 2012.
Native American Economic Development and Infrastructure for Housing Act of 2007 - (Sec. 2) Authorizes the Secretary of Housing and Urban Development to guarantee notes and obligations issued by Indian tribes or tribally designated housing entities, with tribal approval, to finance community and economic development activities on Indian reservations and in other Indian areas. Requires the use of at least 70% of the aggregate funds received as a result of such guarantee to support activities that benefit low-income Indian families. Directs the Secretary to establish underwriting criteria for such guarantees, including necessary fees, to ensure that the guarantee program is financially sound. Prohibits the Secretary from denying a guarantee on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or he determines that the period causes the guarantee to constitute an unacceptable financial risk. Limits a guarantee to repayment of 95% of the unpaid principal and interest due. Requires the Secretary, in cooperation with Indian tribes and tribally designated housing entities, to carry out training and information activities with respect to the guarantee program. Authorizes the Secretary to enter into guarantee commitments with an aggregate principal amount of up to $200 million for each of FY2008-FY2012. Authorizes appropriations for such fiscal years. Prohibits the expenditure of funds appropriated under this Act for the benefit of the Cherokee Nation of Oklahoma until the Secretary certifies to Congress that it is in compliance with the Treaty of 1866 and fully recognizes all Cherokee Freedmen and their descendants as citizens of the Cherokee Nation. Limits to $1 billion, or any authorized higher amount, the total aggregate outstanding obligations guaranteed on a cumulative basis by the Secretary for any fiscal year. Requires the Secretary to monitor the use of such guarantees by Indian tribes. Authorizes the Secretary, upon finding that 50% of such aggregate guarantee authority has been committed, to: (1) limit to $25 million the amount of guarantees that any one Indian tribe may receive in any fiscal year; or (2) request the enactment of legislation increasing the aggregate outstanding limitation. Terminates on October 1, 2012, the Secretary's authority to make new guarantees for notes and obligations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Commission on Campaign Practices Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) for Congress to address the existing problems in the Federal election laws, Congress must act in a nonpartisan manner and engage in a debate based on academic studies and empirical findings instead of partisan rhetoric; (2) when addressing Federal election laws, Congress must be cognizant of the freedoms of speech and association protected under the Constitution; and (3) the current Federal election laws unduly favor incumbent Members of Congress, and, in previous years, Congress has not been able to eliminate this bias when addressing the reform of the Federal election laws. SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Bipartisan Commission on Campaign Practices'' (referred to in this Act as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President, by and with the advice and consent of the Senate, from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (2) the majority leader of the Senate with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (3) the minority leader of the House of Representatives with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; and (4) the minority leader of the Senate with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. The Chairman may not be affiliated with either the Republican Party or the Democratic Party. (c) Terms.--The members of the Commission shall serve 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) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. A majority of the full Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--Subject to such rules as may be adopted by the Commission, the Chair, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such personnel as the chair considers necessary, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Temporary and intermittent services.--The Chair may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 7. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than 90 days after the selection of the Chair of the Commission, the Commission shall submit to the Congress a report of the activities of the Commission. (b) Recommendations.--The report under subsection (a) shall include any recommendations for changes in the laws (including regulations) governing the conducting and financing of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 7 or more members of the Commission may agree. (c) Preparation of Legislation.--If 7 or more members concur on a recommendation submitted under subsection (b), those members shall prepare and submit with the report under subsection (a) legislation to implement the recommendation. (d) Expedited Congressional Consideration of Legislation.-- (1) In general.--If any legislation is introduced the substance of which implements a recommendation of the Commission submitted under subsection (b), subject to paragraph (2), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of the legislation in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (2) Special rules.--For purposes of applying paragraph (1) with respect to such provisions, the following rules shall apply: (A) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on Rules and Administration of the Senate. (B) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the recommendation involved is submitted under subsection (b). (C) Notwithstanding subsection (d)(2) of section 2908 of such Act-- (i) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the majority leader of the House of Representatives or the Senate (as the case may be); (ii) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the minority leader of the House of Representatives or the Senate (as the case may be); (iii) a separate vote shall be taken in each House on adoption of each of the amendments offered and on the legislation as introduced; and (iv) if more than one version of the legislation is adopted by a House pursuant to clause (iii), the version receiving the greatest number of votes in favor of adoption shall be deemed to be legislation passed by that House. SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION. In formulating its draft of legislation under section 7, the Commission shall consider the following to be its primary objectives: (1) Encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers. SEC. 9. TERMINATION. The Commission shall cease to exist 60 days after the date of the submission of its report under section 7. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.
Bipartisan Commission on Campaign Practices Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. (Sec. 7) Requires the Commission to report on its activities to the Congress not later than 90 days after the selection of the Chair of the Commission. Directs that if seven or more members concur on a recommendation, those members shall prepare and submit with the report legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation the substance of which implements a recommendation of the Commission. (Sec. 8) Sets forth the primary objectives of the Commission. (Sec. 9) Terminates the Commission 60 days after the submission of its report. (Sec. 10) Authorizes to be appropriated to the Commission such sums as are necessary to carry out its duties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Pyramid promotional schemes, chain letters, and related schemes are enterprises-- (A) that finance returns to participants through sums taken from newly attracted participants; (B) in which new participants are promised large returns for their investments; and (C) involve unfair and deceptive sales tactics, and lead to the victimization of unwitting individuals. (2) Pyramid promotional schemes, chain letters, and related schemes constitute a threat in interstate commerce and to the financial well-being of the citizens of the United States. (3) The advent of the global Internet makes pyramid promotional schemes international threats. (4) The Ninth Circuit Court of Appeals erred in defining a pyramid promotional scheme in Webster v. Omnitrition Int'l, Inc. (79 F.3d 776; 9th Cir. 1996). SEC. 3. DEFINITIONS. In this Act: (1) Appropriate inventory repurchase program.--The term ``appropriate inventory repurchase program'' means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use, or consumption, and such plan or operation clearly describes the program in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is exercised, and disclosure of any inventory that is not eligible for repurchase under the program. (2) Commercially reasonable terms.--The term ``commercially reasonable terms'' means the repurchase of current and marketable inventory within 12 months from date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims,if any. In the case of service products, the repurchase of such service products must be on a pro rata basis (unless clearly disclosed otherwise to the participant) to be within the meaning of ``commercially reasonable terms''. (3) Compensation.--The term ``compensation'' means a payment of any money, thing of value, or financial benefit. (4) Consideration.--The term ``consideration'' means the payment of cash or the purchase of goods, services, or intangible property, and does not include-- (A) the purchase of goods or services furnished at cost to be used in making sales and not for resale; or (B) time and effort spent in pursuit of sales or recruiting activities. (5) Current and marketable.-- (A) The term ``current and marketable'' includes inventory that-- (i) in the case of consumable or durable goods, is unopened, unused, and within its commercially reasonable use or shelf-life period; and (ii) in the case of services and intangible property, including Internet sites, represents the unexpired portion of any contract or agreement. (B) The term ``current and marketable'' does not include inventory that has been clearly described to the participant prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program. (6) Inventory.--The term ``inventory'' includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase. (7) Inventory loading.--The term ``inventory loading'' means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount that unreasonably exceeds that which the salesperson can expect to resell for ultimate consumption, or to use or consume, in a reasonable time period. (8) Participant.--The term ``participant'' means a person who joins a plan or operation. (9) Person.--The term ``person'' means an individual, a corporation, a partnership, or any association or unincorporated organization. (10) Promote.--The term ``promote'' means to contrive, prepare, establish, plan, operate, advertise, or to otherwise induce or attempt to induce another person to be a participant. (11) Pyramid promotional scheme.--The term ``pyramid promotional scheme'' means any plan or operation in which a participant gives consideration for the right to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation, rather than from the sales of goods, services, or intangible property to participants or by participants to others. SEC. 4. RULES TO PROHIBIT OPERATING PYRAMID PROMOTIONAL SCHEME. (a) In General.-- Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act (15 U.S.C. 45) for any person, by the use of any means or instrumentality of transportation or communication in interstate or foreign commerce, to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme. (b) Limitation.--Nothing in this Act or in the rule to be promulgated pursuant to this section shall be construed to prohibit a plan or operation, or to define such plan or operation as a ``pyramid promotional scheme'', based upon the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale, and the plan or operation does not promote inventory loading and implements an appropriate inventory repurchase program. SEC. 5. STATE ENFORCEMENT. (a) Actions Under State Law.--Nothing in this Act or the Federal Trade Commission Act prohibits an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (b) Actions Under Federal Law.--The attorney general of any State or territory of the United States may, upon finding any person is engaged or is about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of the rule promulgated under section 4, bring an action in the appropriate district court of the United States to enjoin such act or practice and to obtain other appropriate relief. The attorney general of a State or territory of the United States may seek such relief on behalf of residents of such State or territory, and an authorized Federal official may seek such relief on behalf of residents of all such States and territories. Such court may grant a temporary restraining order, or a preliminary or permanent injunction, or other appropriate relief. SEC. 6. NO LIMITATION ON OTHER FEDERAL CLAIMS. Nothing in this Act or the rule promulgated under it shall limit the authority of any Federal official from proceeding against pyramid promotional schemes for other violations of Federal law.
Anti-Pyramid Promotional Scheme Act of 2003 - Directs the Federal Trade Commission to promulgate a rule declaring that it is an unfair or deceptive act or practice for any person to use any means or instrumentality of transportation or communication in interstate or foreign commerce in order to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme.Provides for Federal and State enforcement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on Expanding Social Service Delivery Options Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Congressional Commission on Expanding Social Service Delivery Options (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 10 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 2 shall be appointed by the minority leader of the House of Representatives; and (D) 2 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be appointed from among individuals with demonstrated expertise and experience in social service delivery, including, to the extent practicable, in the area of reform of such delivery. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Co-Chairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a co-Chairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a co-Chairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either co- Chairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough and thoughtful study of all matters relating to increasing beneficiary-selected or beneficiary-directed options for social service delivery in Federal social service programs, including certificate, scholarship, voucher, or other forms of indirect delivery. The Commission shall review all relevant Federal social service programs in existence on the date of the beginning of the study, including the initiatives of the Corporation for National and Community Service. The Commission shall determine program areas, among the Federal programs, for which it is appropriate and feasible to implement full or partial beneficiary-selected or beneficiary-directed options for the delivery of the social services. (2) Goals.--In making determinations under paragraph (1), the Commission shall seek to promote goals of-- (A) expanding consumer and beneficiary choice in Federal social service programs; (B) maximizing the use of governmental resources in the Federal programs; and (C) minimizing concerns relating to any precedent under the Constitution regarding the participation of faith-based providers in the Federal programs. (b) Recommendations.--The Commission shall develop recommendations on program areas, among the Federal social service programs, for which it is appropriate and feasible to implement full or partial beneficiary-selected or beneficiary-directed options for the delivery of the social services. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit a report to the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate, which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) 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 this Act. Upon request of either co-Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The co-Chairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The co-Chairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The co- Chairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 3. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2006 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
Congressional Commission on Expanding Social Service Delivery Options Act - Establishes a Congressional Commission on Expanding Social Service Delivery Options. Directs the Commission to: (1) study all matters relating to increasing beneficiary-selected or beneficiary-directed options for social service delivery (delivery options) in federal social service programs, including certificate, scholarship, voucher, or other forms of indirect delivery; (2) review all relevant existing programs, including initiatives of the Corporation for National and Community Service; and (3) determine and recommend program areas for which it is appropriate and feasible to implement such delivery options fully or partially. Requires the Commission to promote goals of: (1) expanding consumer and beneficiary choice in such programs; (2) maximizing use of governmental resources in them; and (3) minimizing concerns relating to any precedent under the Constitution regarding participation in them of faith-based providers.
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SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The national security of the United States is threatened by the possibility of terrorist attacks against American citizens, military personnel, institutions, landmarks, infrastructure, and industry. (2) The intelligence community is responsible for collecting and disseminating intelligence on known and suspected terrorists, and known and suspected international terrorist organizations. This information is vital to United States efforts to prevent terrorist attacks, and capture and mete out justice to those who plan or commit such acts. (3) Previous terrorist attacks against United States interests and the subsequent investigations into these incidents, including the current investigation into the terrorist attacks of September 11, 2001, have highlighted deficiencies in how intelligence on known or suspected terrorists, and known or suspected terrorist organizations, is stored and retrieved, and in how this information is disseminated to Federal Government agencies, State and local government agencies, and entities of foreign governments and international organizations responsible for the prevention of and investigation into terrorist attacks. (4) It is essential to the prevention of future terrorist attacks that the agencies and personnel responsible for protecting our citizenry and Nation have appropriate and effective access to the intelligence collected on known or suspected terrorists, and known or suspected terrorist organizations, in a timely manner. (b) Purposes.--The purpose of this Act are-- (1) to provide for establishment and maintenance of an interoperable counterterrorism intelligence data system to both store and retrieve the identities of and biographic information on known or suspected terrorists, and known or suspected terrorist organizations; and (2) to ensure the timely and thorough availability of such information to those responsible for protecting our citizenry and Nation against the threat of terrorism at the Federal, State, and local level. SEC. 2. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM. (a) Requirement.--(1) The Director of Central Intelligence, acting as head of the Intelligence Community, shall-- (A) establish and maintain a list of individuals who are known or suspected international terrorists, and of organizations that are known or suspected international terrorist organizations; and (B) ensure that pertinent information on the list is shared with the departments, agencies, and organizations described by subsection (c). (2) The list under paragraph (1), and the mechanisms for sharing information on the list, shall be known as the ``Terrorist Identification Classification System''. (b) Administration.--(1) The Director shall prescribe requirements for the inclusion of an individual or organization on the list required by subsection (a), and for the omission from the list of an individual or organization currently on the list. (2) The Director shall ensure that the information utilized to determine the inclusion or omission of an individual or organization on or from the list is derived from all-source intelligence. (3) The Director shall ensure that the list is maintained in accordance with existing law and regulations governing the collection, storage, and dissemination of intelligence concerning United States persons. (c) Information Sharing.--Subject to section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the protection of intelligence sources and methods, the Director shall provide for the sharing of the list, and information on the list, with such departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations as the Director considers appropriate. (d) Reporting and Certification.--(1) The Director shall review on an annual basis the information provided by various departments and agencies for purposes of the list under subsection (a) in order to determine whether or not the information so provided is derived from the widest possible range of intelligence available to such departments and agencies. (2) The Director shall, as a result of each review under paragraph (1), certify whether or not the elements of the intelligence community responsible for the collection of intelligence related to the list have provided information for purposes of the list that is derived from the widest possible range of intelligence available to such department and agencies. (e) Report on Criteria for Information Sharing.--(1) Not later then March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which information on the list required by subsection (a) is to be shared, and which information is not to be shared, with various departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations. (2) The report shall include a description of the circumstances in which the Director has determined that sharing information on the list with the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c) would be inappropriate due to the concerns addressed by section 103(c)(6) of the National Security Act of 1947, relating to the protection of sources and methods, and any instance in which the sharing on information on the list has been inappropriate in light of such concerns. (f) System Administration Requirements.--(1) The Director shall, to the maximum extent practicable, ensure the interoperability of the Terrorist Identification Classification System with relevant information systems of the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c). (2) The Director shall ensure that the System utilizes technologies that are effective in aiding the identification of individuals in the field. (g) Report on Status of System.--(1) Not later than one year after the date of the enactment of this Act, the Director of Homeland Security in consultation with the Director of Central Intelligence, shall submit to the congressional intelligence committees a report on the status of the Terrorist Identification Classification System. The report shall contain a certification on the following: (A) Whether or not the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States. (B) Whether or not the departments and agencies having access to the System have access in a manner that permits such departments and agencies to carry out appropriately their domestic security responsibilities. (C) Whether or not the System is operating in a manner that maximizes its contribution to the domestic security of the United States. (D) If a certification under subparagraph (A), (B), or (C) is in the negative, the modifications or enhancements of the System necessary to ensure a future certification in the positive. (2) The report shall be submitted in unclassified form, but may include a classified annex. (h) Congressional Intelligence Committees Defined.--In this section, the term ``congressional intelligence committees'' means-- (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on Intelligence of the House of Representatives.
Requires the Director of Central Intelligence (DCI) to: (1) establish and maintain a list of individuals and organizations that are known or suspected to be international terrorists or terrorist organizations; and (2) ensure that pertinent information on such list is shared with such Federal, State, and local departments and such agencies and entities of foreign governments and international organizations as the DCI considers appropriate. Designates such list as the Terrorist Identification Classification System. Requires the DCI to: (1) review and update the System; (2) report to the congressional intelligence committees on the criteria used to determine which System information is shared; and (3) ensure the interoperability of the System with relevant information systems of appropriate departments, agencies, and foreign and international governments and organizations.Requires the Director of Homeland Security, in consultation with the DCI, to report to the intelligence committees on the status of the System, together with specified certifications.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Availability Act of 1997''. SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS. (a) In General.--Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions.--For purposes of this section: (1) Covered hospital.-- (A) In general.--Subject to subparagraph (B), the term ``covered hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc), is participating in the program under title XIX of such Act, or is receiving a Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals.--Such term does not include a hospital that-- (i) is a facility of the Federal Government, or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician.--(A) The term ``physician'' means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term ``qualified physician'' means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability.--A physician is considered to be ``available'' in a hospital if-- (A) the physician is physically present in the hospital other than in the hospital's emergency room or emergency department; (B) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital's emergency room or emergency department. (c) Enforcement.-- (1) Warning.--If the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the ``HHS Inspector General'') of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation.--After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)-- (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations.--After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan.--If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date.--This section shall take effect on the date that is 6 months after the date of the enactment of this Act.
Physician Availability Act of 1997 - Requires each non-Federal hospital with at least 100 licensed beds and meeting other criteria to have a qualified physician available in the hospital (other than in the emergency department) 24 hours a day, seven days a week to attend to the hospital's inpatients. Provides for enforcement, including through civil penalities and suspension or disqualification regarding titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
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SECTION 1. CONTINUITY OF MEDICARE PRESCRIPTION DRUG COVERAGE FOR FULL- BENEFIT DUAL ELIGIBLE INDIVIDUALS. (a) In General.--Section 1860D-2(a) of the Social Security Act (42 U.S.C. 1395w-102(a)) is amended-- (1) in paragraph (1), by inserting ``subject to paragraph (6),'' after ``part C''; and (2) by adding at the end the following new paragraph: ``(6) Continuation of medicare coverage for certain prescriptions for full-benefit dual eligible individuals.--In the case of an individual who, as of the date the individual is first enrolled under a prescription drug plan under this part (or an MA-PD plan under part C), is a full-benefit dual eligible individual and is being provided medical assistance for a covered part D drug under title XIX, qualified prescription drug coverage must include coverage for such drug unless a prescribing physician certifies that the coverage of such drug is not medically necessary, regardless of whether the individual subsequently remains a full-benefit dual eligible individual.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 2. MEDICARE PRESCRIPTION DRUG COVERAGE OF BENZODIAZEPINES. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-112(e)(2)(A)) is amended by inserting after ``agents)'' the following: ``and other than subparagraph (J) of such section (relating to benzodiazepines)''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. PERMITTING STATE MEDICAID PROGRAMS TO COVER MEDICARE PRESCRIPTION DRUG COPAYMENTS FOR FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS. (a) In General.--Section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) is amended by adding at the end the following new paragraph: ``(3) Optional coverage of medicare prescription drug cost- sharing.--Notwithstanding paragraph (1), a State may, at its option, provide medical assistance under the plan under this title for the deductible and cost-sharing imposed under a prescription drug plan (or an MA-PD plan) for full-benefit dual eligible individuals and payment shall be available under section 1903(a) with respect to such assistance provided.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. MEDICARE COVERAGE OF OFF-LABEL USES OF PRESCRIPTION DRUGS AND BIOLOGICALS. (a) In General.--Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)) is amended at the end by adding the following new paragraph: ``(4) Rule of Construction.--Nothing in this subsection shall be construed as excluding from the definition of the term `covered part D drug'-- ``(A) a drug described in paragraph (1)(A) on the sole basis that such drug is prescribed by a physician for a use other than a use included in the labeling of such drug pursuant to the approval of the safety and effectiveness of such drug as a prescription drug under section 505 or 507 of the Federal Food, Drug, and Cosmetic Act or approval of such drug under section 505(j) of such Act; or ``(B) a biological product described in paragraph (1)(B) on the sole basis that such product is prescribed by a physician for a use other than a use included in the labeling of such product pursuant to the licensure of such product under section 351 of the Public Health Service Act; even if the unlabeled use of the drug or product is not included in a standard clinical reference compendia used by clinicians for purposes of providing guidance to such clinicians with respect to unlabeled uses of such a drug or product.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 5. AUTHORIZATION FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO WAIVE DENIAL OF PRESCRIPTION DRUG COVERAGE. (a) In General.--Section 1860D-4(h) of the Social Security Act (42 U.S.C. 1395w-104(h)) is amended at the end by adding the following new paragraph: ``(4) Authorization for Secretary To Waive Denial of Prescription Drug Coverage.--After a part D eligible individual has exhausted all rights of such individual under this subsection and subsection (g), with respect to a determination made under this subsection or subsection (g) for a prescription drug plan not to provide for coverage of a covered part D drug (or a determination related to the application of tiered cost-sharing described in subsection (g)(2)), the individual may apply to the Secretary for a waiver that requires the prescription drug plan to provide for such coverage (or provide for an exception to the structure of such tiered cost-sharing). Upon receipt of such application, the Secretary may grant such waiver if the prescribing physician certifies that the coverage of such prescription drug is medically necessary with respect to the individual.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to determinations made on or after the date of the enactment of this Act.
Amends part D (Voluntary Prescription Drug Benefit Program ) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for continuity of coverage of prescription drugs under Medicare prescription drug plans for full-benefit dual eligible individuals. Provides for Medicare prescription drug coverage of benzodiazepines and of off-label uses of prescription drugs and biologicals. Amends SSA title XIX (Medicaid) to permit state Medicaid programs to cover Medicare prescription drug copayments for full-benefit dual eligible individuals. Amends SSA title XVIII to authorize the Secretary of Health and Human Services to waive denial of Medicare prescription drug coverage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act''. TITLE I--KADYN'S ACT SEC. 101. SHORT TITLE. This title may be cited as ``Kadyn's Act''. SEC. 102. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS PASSINGS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Withholding apportionments for noncompliance with school bus passings ``(a) Withholding of Apportionments for Noncompliance.-- ``(1) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(2) Requirement.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that imposes the following penalties to a motorist who is found guilty of illegally passing a stopped school bus: ``(A) First offense.--For a first offense, a fine of not less than $250 with the possibility of jail time and license suspension. ``(B) Second offense within a 5-year period of a first offense.--For a second offense within a 5-year period of a first offense, a fine of not less than $315 with the possibility of jail time and license suspension. ``(b) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Withholding apportionments for noncompliance with school bus passings''. TITLE II--GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES SEC. 201. SHORT TITLE. This title may be cited as ``Grants for Motion-Activated Detection System on School Buses Act''. SEC. 202. GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES. (a) In General.--The Secretary of Transportation may provide grants to States to equip school buses with motion-activated detection system. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase motion-activated detection systems for school buses; and (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code. (c) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (d) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (e) Reports.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the motion-activated detection system in any local educational agency using grant funds under this section, including-- (1) whether or not the detection system has prevented children from being hit by a school bus; and (2) a cost benefit analysis of using these detection systems on school buses. (f) Definition.--For purposes of this Act, the term ``motion- activated detection system'' means a sensor system that uses radio signals or radar waves to detect a moving target near the front, rear, and sides of a school bus. The system sounds an alarm to alert the driver when a moving target is detected within the specified danger zones of the bus. TITLE III--SCHOOL BUS DRIVER SAFETY ENFORCEMENT SEC. 301. WITHHOLDING FOR NONCOMPLIANCE OF BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 172. Withholding apportionments for noncompliance of background checks of school bus drivers ``(a) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(b) Requirement.--A State meets the requirements of this paragraph if the State has enacted a law that requires the employer to conduct a background check before hiring a school bus driver. Such background check shall include-- ``(1) a review of State and local court information on arrests, charges, convictions; ``(2) a review of any sex offender registry; and ``(3) a review of any child abuse or dependent adult abuse registry. ``(c) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``172. Withholding apportionments for noncompliance of background checks of school bus drivers''. TITLE IV--SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM SEC. 401. SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Transportation may award grants to States to develop a school bus seat belt program to purchase type 1 school buses equipped with lap/shoulder seat belts or equip existing type 1 school buses with lap/shoulder seat belts. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase type I school buses with lap/shoulder seat belts or equip existing type 1 school buses with such seat belts; (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code; and (3) a list of the local educational agencies which the State selects to receive the seat belt equipped buses, including the reasons why each agency should receive school buses with seat belts. (c) Local Educational Agency Requirements.--The State shall require that any local educational agency that receives grant funds pursuant to this Act shall develop-- (1) a plan to ensure that all students riding the school buses with lap/shoulder belts are using them; and (2) an educational program regarding seat belt safety. (d) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (e) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (f) Definition.--In this section, the term ``type 1 school bus'' means a school bus weighing more than 10,000 pounds. (g) Reporting.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the lap/shoulder seat belt program in any local educational agency using grant funds under this section, including-- (1) student usage of seat belts; and (2) the impact on school bus seating capacity. TITLE V--NHTSA STUDY SEC. 501. NHTSA STUDY. (a) In General.--The National Highway Traffic Safety Board shall conduct a comprehensive study regarding the effects of illegal passing of school buses. (b) Study and Pilot Program.--The study shall include-- (1) a pilot program demonstrating the effectiveness of additional technologies and equipment on school buses, including additional front and rear stop arms, driver alert devices, secondary warning signs and aids to general visibility of buses; (2) enforcement schemes, including camera systems and increased fines on preventing, mitigating, and enforcing against illegal passing of school buses; (3) establishment and comparison of baseline performance standards for existing school buses and operations that can be measured and validated with school buses with additional equipment, over a set period of time, in a broad geographic area; and (4) consideration of the impact of additional driver training and a targeted public awareness and education campaign on the prevention, mitigation, and enforcement of illegal passing of school buses. (c) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress with the results of the study and make recommendations for changes to Federal, State, and local laws and regulations to prevent, mitigate, and better enforce illegal school bus passing laws.
School Bus Safety Act - Kadyn's Act - Directs the Secretary of Transportation (DOT) to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted and is not enforcing a law that imposes specified first offense and second offense civil and criminal penalties for motorists found guilty of illegally passing a stopped school bus. Grants for Motion-Activated Detection System on School Buses Act - Authorizes the Secretary to provide grants to states to equip school buses with motion-activated detection systems. Directs the Secretary to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted a law that requires the employer to conduct background checks before hiring school bus drivers. Authorizes the Secretary to award grants to states to develop a school bus seat belt demonstration program to purchase type 1 school buses (weighing more than 10,000 pounds) equipped with lap/shoulder seat belts or equip such existing buses with such belts. Directs the National Highway Traffic Safety Administration to study the effects of illegal passing of school buses, including a pilot program demonstrating the effectiveness of additional technologies and equipment on the buses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Protection Act of 1993''. SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY PROGRAMS AND AGENCIES. (a) Addition to Prohibited Words, Letters, Symbols, and Emblems.-- Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended-- (1) in paragraph (1), by striking ``Administration', the letters `SSA' or `HCFA','' and inserting ``Administration', `Department of Health and Human Services', `Health and Human Services', `Supplemental Security Income Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS', or `SSI',''; and (2) in paragraph (2), by striking ``Social Security Administration'' each place it appears and inserting ``Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services'', and by striking ``or of the Health Care Financing Administration''. (b) Exemption for Use of Words, Letters, Symbols, and Emblems of State and Local Government Agencies by Such Agencies.--Section 1140(a) of such Act is further amended by adding at the end the following new sentence: ``The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.''. (c) Inclusion of Reasonableness Standard.--Section 1140(a) of such Act (as amended by the preceding provisions of this section) is further amended, in the matter following paragraph (2), by striking ``convey'' and inserting ``convey, or in a manner which reasonably could be interpreted or construed as conveying,''. (d) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 of such Act (as amended by the preceding provisions of this section) is further amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in paragraph (2) is a violation of this subsection shall be made without regard to any inclusion in such item (or any so reproduced, reprinted, or distributed copy thereof) of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.''. (e) Violations with Respect to Individual Items.--Section 1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding at the end the following new sentence: ``In the case of any items referred to in subsection (a)(1) consisting of pieces of mail, each such piece of mail which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation.''. (f) Elimination of Cap on Aggregate Liability Amount.-- (1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed. (2) Conforming amendments.--Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is further amended-- (A) by striking ``(1) Subject to paragraph (2), the'' and inserting ``The''; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (C) in paragraph (1) (as redesignated), by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. (g) Removal of Formal Declination Requirement.--Section 1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and the first sentence of subsection (c)'' after ``and (i)''. (h) Penalties Relating to Social Security Administration Deposited in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b- 10(c)(2)) is amended in the second sentence by striking ``United States.'' and inserting ``United States, except that, to the extent that such amounts are recovered under this section as penalties imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration, such amounts shall be deposited into the Federal Old-Age and Survivor's Insurance Trust Fund.''. (i) Annual Reports.--Section 1140 of such Act (42 U.S.C. 1320b-10) is amended by adding at the end the following new subsection: ``(d) The Secretary shall include in the annual report submitted pursuant to section 704 a report on the operation of this section during the year covered by such annual report. Such report shall specify-- ``(1) the number of complaints of violations of this section received by the Social Security Administration during the year, ``(2) the number of cases in which a notice of violation of this section was sent by the Social Security Administration during the year requesting that an individual cease activities in violation of this section, ``(3) the number of complaints of violations of this section referred by the Social Security Administration to the Inspector General in the Department of Health and Human Services during the year, ``(4) the number of investigations of violations of this section undertaken by the Inspector General during the year, ``(5) the number of cases in which a demand letter was sent during the year assessing a civil money penalty under this section, ``(6) the total amount of civil money penalties assessed under this section during the year, ``(7) the number of requests for hearings filed during the year pursuant to sections 1140(c)(1) and 1128A(c)(2), ``(8) the disposition during such year of hearings filed pursuant to sections 1140(c)(1) and 1128A(c)(2), and ``(9) the total amount of civil money penalties under this section deposited into the Federal Old-Age and Survivors Insurance Trust Fund during the year.''. (j) Effective Date.--The amendments made by this section shall apply with respect to violations occurring after the date of the enactment of this Act.
Senior Citizen Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.
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. Subsection (a) of section 300112 of title 36, United States Code, is amended to read as follows: ``(a) Establishment.--The corporation shall establish an Office of the Ombudsman to enhance dispute resolution regarding concerns raised to the Office of the Ombudsman by internal and external stakeholders regarding the corporation, regularly report to the board of governors information on trends and patterns on concerns communicated to the Office of the Ombudsman regarding the corporation, and carry out such other duties and responsibilities as may be provided in the bylaws or a resolution of the board of governors.''. SEC. 4. INSPECTORS GENERAL OVERSIGHT. (a) In General.--Chapter 3001 of title 36, United States Code, is amended by adding at the end the following new sections: ``Sec. 300114. Treasury Inspector General for Tax Administration audit ``Not later than one year after the date of the enactment of this section, the Treasury Inspector General for Tax Administration shall conduct an audit of the corporation's revenues, expenditures, and governance not less often than once every three years. Such audit shall be posted on the website of the Treasury Inspector General for Tax Administration. In carrying out this section, the Treasury Inspector General for Tax Administration shall coordinate activities to maximize the effectiveness of oversight activities, avoid unnecessary duplication of efforts, and minimize administrative burdens on the corporation. ``Sec. 300115. Department of Homeland Security Inspector General audit ``Not later than two years after the date of the enactment of this section, the Inspector General of the Department of Homeland Security shall evaluate the performance of the corporation's disaster assistance services pursuant to paragraph (4) of section 300102, including services provided in connection with the national preparedness system established under section 644 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 744), or any successor system, not less often than once every three years. Such audit shall be posted on the website of the Inspector General. In carrying out this section, the Inspector General shall coordinate activities to maximize the effectiveness of oversight activities, avoid unnecessary duplication of efforts, and minimize administrative burdens on the corporation. ``Sec. 300116. United States Agency for International Development Inspector General audit ``Not later than three years after the date of the enactment of this section, the Inspector General of the United States Agency for International Development shall evaluate the performance of the corporation's international activities not less often than once every three years. Such audit shall be posted on the website of the Inspector General. In carrying out this section, the Inspector General shall coordinate activities to maximize the effectiveness of oversight activities, avoid unnecessary duplication of efforts, and minimize administrative burdens on the corporation.''. (b) Clerical Amendment.--The table of contents of chapter 3001 of title 36 is amended by adding at the end the following new items: ``300114. Treasury Inspector General for Tax Administration. ``300115. Department of Homeland Security Inspector General audit. ``300116. United States Agency for International Development Inspector General audit.''. SEC. 5. ACCESSING THE OMBUDSMAN. Not later than 60 days after the date of the enactment of this Act, the American National Red Cross shall make prominent on its website information on how to submit to the Office of the Ombudsman of the American National Red Cross concerns about the organization, including concerns related to the administration of its programs, policies, fundraising activities, advertising messages, and employment practices. SEC. 6. DEPARTMENT OF HOMELAND SECURITY PILOT PROGRAM. (a) In General.--The Secretary of Homeland Security, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, shall conduct a one-year pilot program with the American National Red Cross to research and develop mechanisms for the Department to better leverage social media to improve preparedness and response capabilities, including the following: (1) The timely dissemination of public preparedness information for terrorist attacks and other disasters. (2) The delivery of response supplies to affected areas. (b) Report.--Not later than 90 days after completion of the pilot program required under subsection (a), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the lessons learned from such pilot program and any plan to integrate such lessons into operations of the Department of Homeland Security. SEC. 7. ANNUAL REPORT. On an annual basis, together with the President's submission of a budget request under section 1105 of title 31, United States Code, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the extent to which the Department of Homeland Security partnered with the American National Red Cross in furtherance of preparedness and response capabilities in the previous year. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed as hindering, reducing, impeding, or otherwise impacting the ability of a State to conduct oversight or investigations of the American National Red Cross.
American Red Cross Sunshine Act This bill authorizes the Comptroller General to review the involvement of the American National Red Cross (the corporation) in any federal program or activity the corporation carries out (current law), including in connection with events for which the government provides leadership or support under the national preparedness system. For purposes of such review, the Comptroller General shall have: (1) access to and the right to examine and copy all corporation records the Comptroller General deems relevant, and (2) access to and the right to interview any corporation employee or volunteer the Comptroller General believes to have relevant knowledge. The Comptroller General may: (1) subpoena a record or employee of the corporation, and (2) bring a civil action in U.S. district court for the District of Columbia to enforce compliance with such subpoena. The corporation's Office of the Ombudsman must enhance dispute resolution regarding concerns raised by stakeholders regarding the corporation and regularly report to the corporation's board of governors information on trends and patterns on concerns communicated to the Office regarding the corporation. The Office must make information available on its website on how to submit concerns about the organization. The bill requires audits, every three years, by: (1) the Treasury Inspector General for Tax Administration of the corporation's revenues, expenditures, and governance; (2) the Department of Homeland Security (DHS) Inspector General of the corporation's disaster assistance services; and (3) the U.S. Agency for International Development Inspector General of the corporation's international activities. DHS must: (1) conduct a one-year pilot program with the corporation to develop mechanisms for DHS to better leverage social media to improve preparedness and response capabilities, and (2) annually report on the extent to which DHS partnered with the corporation in furtherance of preparedness and response capabilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment Company Amendments Act of 2001''. SEC. 2. SUBSIDY FEES. (a) In General.--Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended-- (1) in subsection (b)-- (A) by striking ``of not more than 1 percent per year''; (B) by inserting ``which amount may not exceed 1.38 percent per year, and'' before ``which shall be paid''; and (C) by striking ``September 30, 2000'' and inserting ``September 30, 2001''; and (2) in subsection (g)(2)-- (A) by striking ``of not more than 1 percent per year''; (B) by inserting ``which amount may not exceed 1.38 percent per year, and'' before ``which shall be paid''; and (C) by striking ``September 30, 2000'' and inserting ``September 30, 2001''. (b) Effective Date.--The amendments made by this section shall become effective on October 1, 2001. SEC. 3. CONFLICTS OF INTEREST. Section 312 of the Small Business Investment Act of 1958 (15 U.S.C. 687d) is amended by striking ``(including disclosure in the locality most directly affected by the transaction)''. SEC. 4. PENALTIES FOR FALSE STATEMENTS. (a) Criminal Penalties.--Section 1014 of title 18, United States Code, is amended by inserting ``, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or the Small Business Administration in connection with any provision of that Act'' after ``small business investment company''. (b) Civil Penalties.--Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2)-- (i) by striking ``1341;'' and inserting ``1341''; and (ii) by striking ``institution.'' and inserting ``institution; or''; (C) by inserting immediately after paragraph (2) the following: ``(3) section 16(a) of the Small Business Act (15 U.S.C. 645(a)).''; and (D) by striking ``This section shall'' and inserting the following: ``(d) Effective Date.--This section shall''. SEC. 5. REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIALS. Section 313 of the Small Business Investment Act of 1958 (15 U.S.C. 687e) is amended to read as follows: ``SEC. 313. REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIALS. ``(a) Definition of `Management Official'.--In this section, the term `management official' means an officer, director, general partner, manager, employee, agent, or other participant in the management or conduct of the affairs of a licensee. ``(b) Removal of Management Officials.-- ``(1) Notice of removal.--The Administrator may serve upon any management official a written notice of its intention to remove that management official whenever, in the opinion of the Administrator-- ``(A) such management official-- ``(i) has willfully and knowingly committed any substantial violation of-- ``(I) this Act; ``(II) any regulation issued under this Act; or ``(III) a cease-and-desist order which has become final; or ``(ii) has willfully and knowingly committed or engaged in any act, omission, or practice which constitutes a substantial breach of a fiduciary duty of that person as a management official; and ``(B) the violation or breach of fiduciary duty is one involving personal dishonesty on the part of such management official. ``(2) Contents of notice.--A notice of intention to remove a management official, as provided in paragraph (1), shall contain a statement of the facts constituting grounds therefor, and shall fix a time and place at which a hearing will be held thereon. ``(3) Hearings.-- ``(A) Timing.--A hearing described in paragraph (2) shall be fixed for a date not earlier than 30 days nor later than 60 days after the date of service of notice of the hearing, unless an earlier or a later date is set by the Administrator at the request of-- ``(i) the management official, and for good cause shown; or ``(ii) the Attorney General of the United States. ``(B) Consent.--Unless the management official shall appear at a hearing described in this paragraph in person or by a duly authorized representative, that management official shall be deemed to have consented to the issuance of an order of removal under paragraph (1). ``(4) Issuance of order of removal.-- ``(A) In general.--In the event of consent under paragraph (3)(B), or if upon the record made at a hearing described in this subsection, the Administrator finds that any of the grounds specified in the notice of removal has been established, the Administrator may issue such orders of removal from office as the Administrator deems appropriate. ``(B) Effectiveness.--An order under subparagraph (A) shall-- ``(i) become effective at the expiration of 30 days after the date of service upon the subject licensee and the management official concerned (except in the case of an order issued upon consent as described in paragraph (3)(B), which shall become effective at the time specified in such order); and ``(ii) remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Administrator or a reviewing court in accordance with this section. ``(c) Authority to Suspend or Prohibit Participation.-- ``(1) In general.--The Administrator may, if the Administrator deems it necessary for the protection of the licensee or the interests of the Administration, suspend from office or prohibit from further participation in any manner in the management or conduct of the affairs of the licensee, or both, any management official referred to in subsection (b)(1), by written notice to such effect served upon the management official. ``(2) Effectiveness.--A suspension or prohibition under paragraph (1)-- ``(A) shall become effective upon service of notice under paragraph (1); and ``(B) unless stayed by a court in proceedings authorized by paragraph (3), shall remain in effect-- ``(i) pending the completion of the administrative proceedings pursuant to a notice of intention to remove served under subsection (b); and ``(ii) until such time as the Administrator shall dismiss the charges specified in the notice, or, if an order of removal or prohibition is issued against the management official, until the effective date of any such order. ``(3) Judicial review.--Not later than 10 days after any management official has been suspended from office or prohibited from participation in the management or conduct of the affairs of a licensee, or both, under paragraph (1), that management official may apply to the United States district court for the judicial district in which the home office of the licensee is located, or the United States District Court for the District of Columbia, for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to a notice of intent to remove served upon the management official under subsection (b), and such court shall have jurisdiction to stay such action. ``(d) Authority To Suspend on Criminal Charges.-- ``(1) In general.--Whenever a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with the commission of or participation in a felony involving dishonesty or breach of trust, the Administrator may, by written notice served upon that management official, suspend that management official from office or prohibit that management official from further participation in any manner in the management or conduct of the affairs of the licensee, or both. ``(2) Effectiveness.--A suspension or prohibition under paragraph (1) shall remain in effect until the subject information, indictment, or complaint is finally disposed of, or until terminated by the Administrator. ``(3) Authority upon conviction.--If a judgment of conviction with respect to an offense described in paragraph (1) is entered against a management official, then at such time as the judgment is not subject to further appellate review, the Administrator may issue and serve upon the management official an order removing that management official, which removal shall become effective upon service of a copy of the order upon the licensee. ``(4) Authority upon dismissal or other disposition.--A finding of not guilty or other disposition of charges described in paragraph (1) shall not preclude the Administrator from thereafter instituting proceedings to suspend or remove the management official from office, or to prohibit the management official from participation in the management or conduct of the affairs of the licensee, or both, pursuant to subsection (b) or (c). ``(e) Notification to Licensees.--Copies of each notice required to be served on a management official under this section shall also be served upon the interested licensee. ``(f) Procedural Provisions; Judicial Review.-- ``(1) Hearing venue.--Any hearing provided for in this section shall be-- ``(A) held in the Federal judicial district or in the territory in which the principal office of the licensee is located, unless the party afforded the hearing consents to another place; and ``(B) conducted in accordance with the provisions of chapter 5 of title 5, United States Code. ``(2) Issuance of orders.--After a hearing provided for in this section, and not later than 90 days after the Administrator has notified the parties that the case has been submitted for final decision, the Administrator shall render a decision in the matter (which shall include findings of fact upon which its decision is predicated), and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of this section. ``(3) Authority to modify orders.--The Administrator may modify, terminate, or set aside any order issued under this section-- ``(A) at any time, upon such notice, and in such manner as the Administrator deems proper, unless a petition for review is timely filed in a court of appeals of the United States, as provided in paragraph (4)(B), and thereafter until the record in the proceeding has been filed in accordance with paragraph (4)(C); and ``(B) upon such filing of the record, with permission of the court. ``(4) Judicial review.-- ``(A) In general.--Judicial review of an order issued under this section shall be exclusively as provided in this subsection. ``(B) Petition for review.--Any party to a hearing provided for in this section may obtain a review of any order issued pursuant to paragraph (2) (other than an order issued with the consent of the management official concerned, or an order issued under subsection (d)), by filing in the court of appeals of the United States for the circuit in which the principal office of the licensee is located, or in the United States Court of Appeals for the District of Columbia Circuit, not later than 30 days after the date of service of such order, a written petition praying that the order of the Administrator be modified, terminated, or set aside. ``(C) Notification to administration.--A copy of a petition filed under subparagraph (B) shall be forthwith transmitted by the clerk of the court to the Administrator, and thereupon the Administrator shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. ``(D) Court jurisdiction.--Upon the filing of a petition under subparagraph (A)-- ``(i) the court shall have jurisdiction, which, upon the filing of the record under subparagraph (C), shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Administrator, except as provided in the last sentence of paragraph (3)(B); ``(ii) review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code; and ``(iii) the judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, United States Code. ``(E) Judicial review not a stay.--The commencement of proceedings for judicial review under this paragraph shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Administrator under this section.''. SEC. 6. REDUCTION OF FEES. (a) Two-Year Reduction of Section 7(a) Fees.-- (1) Guarantee fees.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended by adding at the end the following: ``(C) Two-year reduction in fees.--With respect to loans approved during the 2-year period beginning on October 1, 2002, the guarantee fee under subparagraph (A) shall be as follows: ``(i) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000. ``(ii) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. ``(iii) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000.''. (2) Annual fees.--Section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)) is amended by adding at the end the following: ``With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan.''. (b) Reduction of Section 504 Fees.--Section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended-- (1) in subsection (b)(7)(A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving the margins 2 ems to the right; (B) by striking ``not exceed the lesser'' and inserting ``not exceed-- ``(i) the lesser''; and (C) by adding at the end the following: ``(ii) 50 percent of the amount established under clause (i) in the case of a loan made during the 2-year period beginning on October 1, 2002, for the life of the loan; and''; and (2) by adding at the end the following: ``(i) Two-Year Waiver of Fees.--The Administration may not assess or collect any up front guarantee fee with respect to loans made under this title during the 2-year period beginning on October 1, 2002.''. (c) Budgetary Treatment of Loans and Financings.--Assistance made available under any loan made or approved by the Small Business Administration under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or financings made under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), during the 2-year period beginning on October 1, 2002, shall be treated as separate programs of the Small Business Administration for purposes of the Federal Credit Reform Act of 1990 only. (d) Use of Funds.--The amendments made by this section to section 503 of the Small Business Investment Act of 1958, shall be effective only to the extent that funds are made available under appropriations Acts, which funds shall be utilized by the Administrator to offset the cost (as such term is defined in section 502 of the Federal Credit Reform Act of 1990) of such amendments. (e) Effective Date.--The amendments made by this section shall become effective on October 1, 2002. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Small Business Investment Company Amendments Act of 2001 - Amends the Small Business Investment Act of 1958 to: (1) increase the amount that the Small Business Administration (SBA) may charge as a subsidy fee for guaranteeing the payment of a debenture from 1.0 to 1.38 percent of the debenture amount; and (2) extend through FY 2001 the debenture maturity period.(Sec. 4) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to provide civil penalties for false statements or representations of securities for purposes of influencing SBA actions.(Sec. 5) Authorizes the SBA Administrator to serve upon any management official (currently, only upon a director or officer of a licensee) a written notice of the SBA's intention to remove such official for violations of SBIA or for breach of duty. Revises removal requirements, including provisions concerning hearings, issuance of an order of removal, the authority to suspend or prohibit the business participation of a management official, judicial review of suspensions, and the authority to suspend a management official due to the commission of or participation in a felony involving dishonesty or a breach of trust.(Sec. 6) Reduces, for a two-year period beginning on October 1, 2002: (1) the guarantee fee for SBA-guaranteed loans to small businesses; (2) the annual fee charged for such loans; and (3) the fee charged for the SBA guaranty of the payment of principal and interest on debentures issued by a qualified State or local development company. Prohibits the SBA, with respect to the latter fee, from charging any up-front fee with respect to such loans during such two-year period. Provides for the budgetary treatment of loans and financings made to small businesses during such period. Makes this section effective only upon the availability of appropriated funds to offset the cost of such amendments.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Schools Energy Act of 2006''. SEC. 2. QUALIFIED RENEWABLE SCHOOL ENERGY BONDS. (a) In General.--Subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to incentives for education zones) is amended by redesignating section 1397F as section 1397G and by adding at the end of part IV of such subchapter the following new section: ``SEC. 1397F. QUALIFIED RENEWABLE SCHOOL ENERGY BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a qualified renewable school energy bond on 1 or more credit allowance dates of the bond occurring during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified renewable school energy bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified renewable school energy bond is the product of-- ``(A) the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Determination.--For purposes of paragraph (2), with respect to any qualified renewable school energy bond, the Secretary shall determine daily or cause to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary's designee estimates will permit the issuance of qualified renewable school energy bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term also includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits, subpart H thereof, section 1400N(l), and this section). ``(d) Qualified Renewable School Energy Bond.--For purposes of this section-- ``(1) In general.--The term `renewable school energy bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified school operated by an eligible local education agency, ``(B) the bond is issued by a State or local government of an eligible State within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, and ``(ii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue is 20 years. ``(2) Qualified school.--The term `qualified school' means any public school or public school system administrative building which is owned by or operated by an eligible local education agency. ``(3) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965. ``(4) Eligible state.--The term `eligible State' means, with respect to any calendar year-- ``(A) one of the five States with the greatest percentage population growth for the most recent preceding year for which data is available as determined by the Bureau of the Census, and ``(B) the State with a total percentage population growth greater than 9 percent but less than 13.9 percent and a total population under the age of 19 of less than 300,000 as determined under the 2000 Census. ``(5) Qualified purpose.--The term `qualified purpose' means, with respect to any qualified school, the purchase and installation of renewable energy products. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national renewable school energy bond limitation for each calendar year. Such limitation is $50,000,000 for 2007, $100,000,000 for 2008, $150,000,000 for 2009, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national renewable school energy bond limitation for a calendar year shall be allocated by the Secretary-- ``(A) among the eligible States described in subsection (d)(4)(A), 30 percent to the State with the greatest percentage population growth, 20 percent to each of second and third ranked States, and 10 percent to each of the fourth and fifth ranked States, and ``(B) to the State described in subsection (d)(4)(B), 10 percent. The limitation amount allocated to an eligible State under the preceding sentence shall be allocated by the State education agency to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any eligible State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. Any carryforward of a limitation amount may be carried only to the first 2 years following the unused limitation year. For purposes of the preceding sentence, a limitation amount shall be treated as used on a first-in first-out basis. ``(f) Other Definitions.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)). ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified renewable school energy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person which, on the credit allowance date, holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified renewable school energy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Credit Treated as Nonrefundable Bondholder Credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowable under subpart H of part IV of subchapter A of this chapter. ``(j) Special Rules.--For purposes of this section, rules similar to the rules under paragraphs (3) and (4) of section 54(l) shall apply.''. (b) Conforming Amendments.--The table of sections for part V of such subchapter is amended by redesignating section 1397F as section 1397G and by adding at the end of the table of sections for part IV of such subchapter the following new item: ``Sec. 1397F. Credit for holders of qualified renewable school energy bonds.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2006.
Renewable Schools Energy Act of 2006 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified renewable school energy bonds. Defines "qualified renewable school energy bond" as a bond with a 20-year term, 95% of the proceeds of which are used for the purchase and installation of renewable energy products for public school and school district administrative buildings in states with a specified percentage of population growth.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow public school districts to receive no interest loans for the purchase of renewable energy systems, and for other purposes."}
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That section 404 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101- 624; 7 U.S.C. 1444f(q)) is amended by adding at the end thereof the following new paragraph: ``(3) Reduced quality of high moisture recourse loan.--(A) Notwithstanding any other provision of law, effective for the 1992 through 1995 crops of feed grains, the Secretary shall make available recourse loans to producers on a farm who do not normally harvest their crop of feed grains in a high moisture state (or on that portion of the crop which is not normally harvested in a high moisture state). Such recourse loans shall be made available whenever the crop (or the portion of the crop not normally harvested in a high moisture state) is harvested with a moisture content in excess of Commodity Credit Corporation standards for loans made under paragraphs (1) and (6) of subsection (a) of this section, or whenever the crop has a test weight below the minimum weight required for Commodity Credit Corporation nonrecourse loans made under such paragraphs. ``(B) Recourse loans under this paragraph shall be made to producers on a farm who-- ``(i) present certified scale tickets from an inspected, certified commercial scale, including licensed warehouses, feedlots, feed mills, distilleries, or other similar entities approved by the Secretary; or ``(ii) present field or other physical measurements of the standing or stored feed grain crop in regions of the country that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; and ``(iii) certify that the quantity of feed grain to be placed under loan was in fact harvested on the farm; and ``(iv) participate in an acreage limitation program for the crop of feed grains established by the Secretary. ``(C) A producer shall not be eligible for a loan under this paragraph unless any prior loans made under the authority of this paragraph have been fully repaid. ``(D) Loans made under this paragraph shall bear interest at a rate determined by the Secretary, but in no event shall the rate exceed the rate of interest charged for loans made under paragraphs (1) and (6) of subsection (a) of this section. ``(E) Loans under this paragraph shall be made in an amount as determined by the Secretary equal to at least eighty percent, but not greater than ninety percent, of the lowest county adjusted nondiscounted loan rate for the appropriate crop year for loans made to producers of feed grains meeting the Commodity Credit Corporation standards for nonrecourse loans under paragraphs (1) and (6) of subsection (a) of this section. ``(F) Loans made under this paragraph shall be repaid in three equal annual installments, with the first such installment being due and payable 365 days following the advance of the loan funds to the producer and consisting of one-third of the principal amount of the outstanding loan and 100 percent of the accrued interest thereon. The second installment shall consist of one-half of the principal amount of the outstanding loan balance and 100 percent of the accrued interest thereon, and the third installment shall consist of the remaining principal of the loan and 100 percent of the accrued interest thereon. In the event any installment is not made within 60 days following the date upon which it becomes due and payable, the Secretary shall have the right without further notice to offset the entire balance of the amount owed on the loan, including interest thereon, against any other payments the producer may be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for wheat, feed grains, upland cotton, rice, and oilseeds. ``(G) The Secretary may permit a producer who has obtained a loan under this paragraph to repay a part or all of any annual installment required under subparagraph (F) by tendering to the Commodity Credit Corporation a quantity of feed grain which is of acceptable quality to meet the standards for a nonrecourse loan under paragraphs (1) and (6) of subsection (a) of this section. Such tender shall be made by the producer at any facility approved for storage of commodities owned by the Corporation which facility is situated in the same county (or a county adjacent to the county) in which the producer's farm is located, and the producer's loan installment payment shall be credited with an amount equal to the per bushel county adjusted loan rate for the grade and quality of grain tendered times the total number of bushels tendered in payment by the producer as approved by the Secretary.
Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to provide recourse loans for the 1992 through 1995 crops of high moisture feed grains.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Bicentennial Commemorative Coin Act of 1997''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Platinum Coins.--The Secretary may mint and issue not more than 100,000 $5 platinum coins instead of the gold coins required under subsection (a)(1) in accordance with such specifications as the Secretary determines to be appropriate. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Library of Congress. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2000''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Library of Congress and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2000, and ending on December 31, 2000. (d) Promotion Consultation.--The Secretary shall-- (1) consult with the Library of Congress in order to establish a role for the Library of Congress in the promotion, advertising, and marketing of the coins minted under this Act; and (2) if the Secretary determines that such action would be beneficial to the sale of coins minted under this Act, enter into a contract with the Library of Congress to carry out the role established under paragraph (1). SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge established by the Secretary, in an amount equal to not more than-- (1) $35 per coin for the $5 coin; and (2) $5 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Library of Congress Trust Fund Board, to be used for the purpose of supporting bicentennial programs, educational outreach activities (including schools and libraries), and other activities of the Library of Congress. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Library of Congress Trust Fund Board as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.
Library of Congress Bicentennial Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $5 platinum coins in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Land Preservation and Management Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) As Arizona growth patterns have emerged and various public uses of unique land resource values have been established, the existing Federal and State land ownership patterns present the Federal Government and the government of Arizona with difficult land management situations. (2) Federal land management programs in Arizona require the use of State trust lands in many areas, and there are Federal lands in other areas in Arizona that are suitable for the revenue generation mission of the State trust lands. (b) Purpose.--The purpose of this Act is to assist implementation of the Arizona Preserve Initiative plan and improve manageability of Federal public lands and State trust lands in Arizona, by-- (1) directing the Secretary of the Interior to acquire certain State trust lands in Arizona by eminent domain, with the consent of the State, and to compensate the State for the State trust lands so acquired with certain Federal public lands of equal value which are acceptable to the State; and (2) providing for management of the acquired lands as part of other existing areas of Federal lands. SEC. 3. DEFINITIONS. In this Act: (1) Arizona preserve initiative plan.--The term ``Arizona Preserve Initiative plan'' means the project undertaken by the State of Arizona in 1995 to find ways to preserve and protect environmentally sensitive State trust lands through conservation leases and sales to State and local governments and conservation organizations and through eminent domain transfers to the Federal Government. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Arizona. (4) State trust lands.--The term ``State trust lands'' means lands granted to the State of Arizona under sections 24 and 25 of the Act of June 20, 1910 (chapter 310; 36 Stat. 572 et seq.). SEC. 4. ACQUISITION OF STATE TRUST LANDS IN ARIZONA BY EMINENT DOMAIN. (a) In General.--The Secretary shall-- (1) by eminent domain, with the consent of the State, acquire the State trust lands described in subsection (b); and (2) manage the lands acquired from the State of Arizona in accordance with this Act. (b) State Trust Lands Described.--The State trust lands referred to in subsection (a) are the following, as generally depicted on the map described in subsection (c): (1) All State trust lands in the Lake Mead National Recreation Area, Saguaro National Park, and Organ Pipe Cactus National Monument, which shall be managed by the National Park Service. (2) All State trust lands and reserved mineral estate in designated Wilderness Areas, which shall be managed by the Bureau of Land Management. (3) All State trust lands in the Buenos Aires National Wildlife Refuge, which shall be managed by the United States Fish and Wildlife Service. (4) State trust lands in the McDowell Mountains in Maricopa County, Arizona, which shall be managed under programs of the Bureau of Land Management. (5) State trust lands in the vicinity of the Petrified Forest National Park, if the Congress authorizes the expansion of the Petrified Forest National Park to include these State trust lands. (6) State trust lands in the Coconino National Forest and in the vicinity of the Walnut Canyon National Monument that are suitable for management by the Forest Service. (7) State trust lands in the Baboquivari Mountain-Coyote Mountains area in Pima County, Arizona, which shall be managed by the Bureau of Land Management. (8) State trust lands in the Lake Pleasant-Black Canyon City-Wickenburg area in Maricopa County and Yavapai County, Arizona, which shall be managed by the Bureau of Land Management. (9) State trust lands in the Empire Cienega Resource Conservation Area and Mustang Mountains in Pima County and Santa Cruz County, Arizona, which shall be managed by the Bureau of Land Management. (10) State trust lands in the Newman Peak area in Pinal County, Arizona, which shall be managed by the Bureau of Land Management. (11) State trust lands in the Burro Creek area in Yavapai County, Arizona, which shall be managed by the Bureau of Land Management. (12) State trust lands in the Larned Landing and Parker Strip areas in Mohave County and La Paz County, Arizona, which shall be managed by the Bureau of Land Management. (13) State trust lands in the Gila Box and San Pedro Riparian National Conservation Areas, which shall be managed by the Bureau of Land Management. (14) State trust lands in the Mohave Mountains area in Mohave County, Arizona, which shall be managed by the Bureau of Land Management. (15) State trust lands in the Arizona Strip in Mohave County and Coconino County, Arizona, which shall be managed by the Bureau of Land Management. (16) State trust lands in the Aguila area of Maricopa County and La Paz County, Arizona, which shall be managed by the Bureau of Land Management. (17) State trust lands in the Rogers Lake area in the Coconino National Forest, which shall be managed by the Forest Service in accordance with section 9(a). (18) State trust lands in the Superstition Mountain area of Pinal County, Arizona, if the Congress authorizes the expansion of the Tonto National Forest to include these State trust lands. (19) State trust lands needed for the existing facilities at the Arizona National Memorial Cemetery, which shall be managed by the Veterans Administration in accordance with section 10. (20) State trust lands needed for the Kingman Burro Corral in Mohave County, Arizona, which shall be managed by the Bureau of Land Management. (21) Any other State trust lands the acquisition of which by the Secretary will-- (A) improve government land management by both the Federal Government and the State of Arizona; and (B) be consistent with Federal land management planning and the mission of the State trust lands. (c) Map Described.--The map referred to in subsection (b) is the map entitled ``Arizona Land Management Improvement'', dated February 1996. The Secretary shall keep such map on file and available for public inspection in the offices of the Arizona State Bureau of Land Management in Phoenix, Arizona, and of the Bureau of Land Management in the District of Columbia. SEC. 5. COMPENSATION. (a) In General.--As compensation for State trust lands acquired under this Act, the Secretary shall transfer to the State such areas of Federal lands described in subsection (b) as may be agreed to by the State and which are of equal value to the State trust lands acquired. (b) Federal Lands Described.--The Federal lands referred to in subsection (a) are the following, as generally depicted in the map described in subsection (d): (1) Federal lands under the administrative jurisdiction of the Secretary in the Bullhead City, Mohave Valley, Larned Landing, Havasu Springs, Kingman, Golden Valley, and Colorado City areas and the Interstate 40 and Interstate 5 corridors, in Mohave County, Arizona. (2) Federal lands under the administrative jurisdiction of the Secretary in the Butler Valley and Parker Strip areas and the Interstate 10 corridor, in La Paz County, Arizona. (3) Federal lands under the administrative jurisdiction of the Secretary in the Interstate 8 corridor in Yuma County, Arizona. (4) Federal lands under the administrative jurisdiction of the Secretary in the Phoenix, Buckeye, Rainbow Valley, Lake Pleasant, New River, and Wickenburg areas and the Interstate 8, 10, and 17 corridors, in Maricopa County, Arizona. (5) Federal lands under the administrative jurisdiction of the Secretary in the Lake Pleasant, Black Canyon City, and Prescott areas and Interstate 17 corridor, in Yavapai County, Arizona. (6) Federal lands in the Coconino National Forest under the administrative jurisdiction of the Secretary of Agriculture, in Coconino County, Arizona. (7) Federal lands under the administrative jurisdiction of the Secretary in the checkerboard land area of Navajo County, Arizona. (8) Federal lands under the administrative jurisdiction of the Secretary in checkerboard land area of Apache County, Arizona. (9) Federal lands under the administrative jurisdiction of the Secretary in the Tucson and Sasabe areas of Pima County, Arizona. (10) Federal lands under the administrative jurisdiction of the Secretary in the Sonoita area of Santa Cruz County, Arizona. (11) Federal lands under the administrative jurisdiction of the Secretary in the Interstate 8 corridor and other lands in Pinal County, Arizona. (12) Federal lands under the administrative jurisdiction of the Secretary in the Safford area of Graham County, Arizona. (13) Federal lands under the administrative jurisdiction of the Secretary in the Clifton, Morenci, and Duncan areas of Greenlee County, Arizona. (14) Federal lands under the administrative jurisdiction of the Secretary south of Interstate 10 in Cochise County, Arizona. (15) Any other Federal lands under the jurisdiction of the Secretary, the transfer of which to the State will-- (A) improve government land management by both the Federal Government and the State of Arizona; and (B) be consistent with Federal land management planning and the mission of the State trust lands. (c) Map Described.--The map referred to in subsection (b) is the map entitled ``Arizona Land Management Improvement--Possible Areas for Consideration'', dated February 1996. The Secretary shall keep such map on file and available for public inspection in the offices of the Arizona State Bureau of Land Management and of the Bureau of Land Management in the District of Columbia. (d) Value of Compensation.-- (1) In general.--The total value of Federal lands transferred to the State by the Secretary in acquiring lands from the State under this Act may not exceed the fair market value of the lands acquired. (2) Appraisals.--Notwithstanding any other law, the value of lands shall be determined for purposes of this Act in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, as published by the Department of Justice in 1992. SEC. 6. MANAGEMENT OF ACQUIRED LANDS BY BUREAU OF LAND MANAGEMENT. Lands acquired by the Secretary under this Act that are required by this Act to be managed by the Bureau of Land Management shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 7. ADDITION OF LANDS TO NATIONAL PARK SYSTEM. Lands acquired by the Secretary under this Act within the Saguaro National Park, Organ Pipe Cactus National Monument, and Lake Mead National Recreation Area that are required by this Act to be managed by the National Park Service shall be added to the National Park System and managed in accordance with the Act of August 25, 1916 (chapter 408; 16 U.S.C. 1 et seq.), popularly known as the National Park Service Organic Act, and other laws and regulations applicable to the National Park System. SEC. 8. ADDITION OF LANDS TO NATIONAL WILDLIFE REFUGE SYSTEM. Lands acquired by the Secretary under this Act that are required by this Act to be managed by the United States Fish and Wildlife Service shall be added to the National Wildlife Refuge System and managed in accordance with the National Wildlife Refuge System Administration Act of 1966. SEC. 9. ADDITION OF LANDS TO NATIONAL FOREST SYSTEM. Lands acquired by the Secretary under this Act that are in the Rogers Lake area shall be-- (1) transferred to the administrative jurisdiction of the Secretary of Agriculture; and (2) added to the Coconino National Forest and managed by the Secretary of Agriculture under the laws and regulations applicable to National Forest System lands. SEC. 10. ADDITION OF LANDS TO ARIZONA NATIONAL MEMORIAL CEMETERY. Lands acquired by the Secretary under this Act under section 4(b)(19) shall be-- (1) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; (2) added to the Arizona National Memorial Cemetery, located in Phoenix, Arizona; and (3) managed by the Secretary of Veterans Affairs in accordance with chapter 24 of title 38, United States Code, and other laws and regulations applicable to national cemeteries. SEC. 11. AUTHORIZATION FOR EXISTING USES OF ACQUIRED LANDS TO CONTINUE. Any use of lands acquired by the United States under this Act that was authorized to occur immediately before the enactment of this Act may continue until such time as the use is determined to be incompatible with the purposes for which the lands are required to be used under this Act. SEC. 12. REVOCATION OF RECLAMATION WITHDRAWALS WITH RESPECT TO BULLHEAD CITY PARCEL. (a) In General.--The order of the Secretary dated October 16, 1931, withdrawing lands for the Colorado River Storage Project, and the order of the Secretary dated May 29, 1933, withdrawing lands for Power Site Classification 272, are hereby revoked on the following lands under the administration of the National Park Service in Arizona in Township 21 North, Range 21 West, Gila and Salt River Base and Meridian: (1) In section 19, lot 4, SESW, S2SE. (2) In section 20, that portion of the S2 lying south of the centerline of State Highway 68. (3) In section 30, lots 1-3, W2NE, E2NW, NESW, NWSE. (b) Effective Date.--The revocation under subsection (a) shall take effect for a parcel of land on the date on which the parcel is transferred to the State under this Act. SEC. 13. TERMS AND CONDITIONS OF TRANSFER OF LANDS ON LOWER COLORADO RIVER AND LAKE HAVASU. In transferring to the State under this Act lands that front on the Lower Colorado River or Lake Havasu (or both), the Secretary shall include such terms and conditions as are necessary to protect the needs of the Bureau of Reclamation to have access to those lands for flowage easements and bank line protection.
Arizona Land Preservation and Management Act of 1996 - Directs the Secretary of the Interior: (1) by eminent domain, with the consent of the State of Arizona, to acquire certain State trust lands and to manage such lands in accordance with this Act; and (2) as compensation for State trust lands acquired under this Act, to transfer to the State specified Federal lands of equal value as may be agreed to by the State. Specifies that the total value of Federal lands transferred to the State by the Secretary in acquiring State lands under this Act may not exceed the fair market value of the lands acquired. Sets forth provisions regarding land appraisals and management of lands acquired by the Bureau of Land Management. Provides for the addition of specified acquired lands to the National Park System, the National Wildlife Refuge System, the National Forest System, and the Arizona National Memorial Cemetery. Authorizes the continuation for existing uses of acquired lands until such time as the use is determined to be incompatible with the purposes for which the lands are required to be used under this Act. Revokes the orders of the Secretary withdrawing lands for the Colorado River Storage Project and for Power Site Classification 272 on specified National Park Service-administered lands in Arizona. Directs the Secretary, in transferring to the State lands that front on the Lower Colorado River, Lake Havasu, or both, to include terms and conditions as necessary to protect the needs of the Bureau of Reclamation to have access to those lands for flowage easements and bank line protection.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Accountability Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 20, 2001, President George Bush stated at a joint session of Congress that ``[e]very nation, in every region, now has a decision to make . . . [e]ither you are with us, or you are with the terrorists . . . [f]rom this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime''. (2) United Nations Security Council Resolution 1373 (September 28, 2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (3) The Government of Syria is currently prohibited by United States law from receiving United States assistance because it is listed as state sponsor of terrorism. (4) Although the Department of State lists Syria as a state sponsor of terrorism and reports that Syria provides ``safe haven and support to several terrorist groups'', fewer United States sanctions apply with respect to Syria than with respect to any other country that is listed as a state sponsor of terrorism. (5) Terrorist groups, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command maintain offices, training camps, and other facilities on Syrian territory and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria. (6) United Nations Security Council Resolution 520 (September 17, 1982) calls for ``strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese Army throughout Lebanon''. (7) More than 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon exerting undue influence upon its government and undermining its political independence. (8) Since 1990 the Senate and House of Representatives have passed seven bills and resolutions which call for the withdrawal of Syrian armed forces from Lebanon. (9) Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil. (10) Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (March 19, 1978), as certified by the United Nations Secretary General. (11) Even in the face of this United Nations certification that acknowledged Israel's full compliance with Resolution 425, Syria permits attacks by Hizballah and other militant organizations on Israeli outposts at Shebaa Farms, under the false guise that it remains Lebanese land, and is also permitting attacks on civilian targets in Israel. (12) Syria will not allow Lebanon--a sovereign country--to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon. (13) As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah which continues to attack Israeli positions and allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, destabilizing the entire region. (14) The United States provides $40,000,000 in assistance to the Lebanese people through private nongovernmental organizations, $7,900,000 of which is provided to Lebanese- American educational institutions. (15) In the State of the Union address on January 29, 2002, President Bush declared that the United States will ``work closely with our coalition to deny terrorists and their state sponsors the materials, technology, and expertise to make and deliver weapons of mass destruction''. (16) The Government of Syria continues to develop and deploy short and medium range ballistic missiles. (17) The Government of Syria is pursuing the development and production of biological and chemical weapons. (18) United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions restrict the sale of oil and other commodities by Iraq, except to the extent authorized by other relevant resolutions. (19) Syria, a non-permanent United Nations Security Council member, is receiving between 150,000 and 200,000 barrels of oil from Iraq in violation of Security Council Resolution 661 and subsequent relevant resolutions. (20) Syrian President Bashar Assad promised Secretary of State Powell in February 2001 to end violations of Security Council Resolution 661 but this pledge has not been fulfilled. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command; (2) the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm timetable for such withdrawal; (3) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982), in order to assert the sovereignty of the Lebanese state over all of its territory, and should evict all terrorist and foreign forces from southern Lebanon, including Hizballah and the Iranian Revolutionary Guards; (4) the Government of Syria should halt the development and deployment of short and medium range ballistic missiles and cease the development and production of biological and chemical weapons; (5) the Government of Syria should halt illegal imports and transshipments of Iraqi oil and come into full compliance with United Nations Security Council Resolution 661 and subsequent relevant resolutions; (6) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; and (7) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520. SEC. 4. STATEMENT OF POLICY. It should be the policy of the United States that-- (1) the United States will continue its campaign against international terror to all places where terrorism exists; (2) Syria will be held responsible for all attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (3) the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (4) the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (5) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the national security interest of the United States; (6) Syria is in violation of United Nations Security Council Resolution 520 (September 17, 1982) through its continued occupation of Lebanese territory and its encroachment upon its political independence; (7) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli- Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (8) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national security interests of the United States; (9) Syria is in violation of United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions through its continued purchase of oil from Iraq; and (10) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. SEC. 5. PENALTIES AND AUTHORIZATION. (a) Penalties.--Until the President makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (c) and certifies such determination to Congress in accordance with such subsection-- (1) the President shall prohibit the export to Syria of any item, including the issuance of a license for the export of any item, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations (15 C.F.R. part 730 et seq.); (2) the President shall prohibit United States Government assistance, including loans, credits, or other financial assistance, to United States businesses with respect to investment or other activities in Syria; (3) the President shall prohibit the conduct of programs of the Overseas Private Investment Corporation and the Trade and Development Agency in or with respect to Syria; and (4) the President shall impose two or more of the following sanctions: (A) Prohibit the export of products of the United States (other than food and medicine) to Syria. (B) Prohibit United States businesses from investing or operating in Syria. (C) Restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively. (D) Prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States. (E) Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act). (F) Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States. (b) Waiver.--The President may waive the application of either paragraph (2) or (3) (or both) of subsection (a) if the President determines that it is in the national security interest of the United States to do so. (c) Authority To Provide Assistance to Syria and Lebanon.--If the President-- (1) makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (d) and certifies such determination to Congress in accordance with such subsection; (2) determines that substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and (3) determines that the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under paragraph (4) of United Nations Security Council Resolution 520 (1982), then the President is authorized notwithstanding any other provision of law to provide assistance to Syria and Lebanon under chapter 1 of Part I of the Foreign Assistance Act of 1961 (relating to development assistance). (d) Certification.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that-- (1) the Government of Syria does not provide support for international terrorist groups and does not allow terrorist groups, such as Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command to maintain facilities in Syria; (2) the Government of Syria has withdrawn all Syrian military, intelligence, and other security personnel from Lebanon; (3) the Government of Syria has ceased the development and deployment of ballistic missiles and has ceased the development and production of biological and chemical weapons; and (4) the Government of Syria is no longer in violation of United Nations Security Council Resolution 661 and subsequent relevant resolutions. SEC. 6. REPORT. (a) Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the conditions described in paragraphs (1) through (4) of section 5(c) are satisfied, the Secretary of State shall submit to the appropriate congressional committees a report on-- (1) Syria's progress toward meeting the conditions described in paragraphs (1) through (4) of section 5(c); and (2) connections, if any, between individual terrorists and terrorist groups which maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and the attacks against the United States that occurred on September 11, 2001, and other terrorist attacks on the United States or its citizens, installations, or allies. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this Act, 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.
Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Information Act''. SEC. 2. REGISTRATION, REPORTING, AND POSTMARKET SURVEILLANCE REGARDING DIETARY SUPPLEMENTS. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following section: ``registration, reporting, and postmarket surveillance regarding dietary supplements ``Sec. 414. (a) Registration.-- ``(1) Annual registration.--Each calendar year a person who in any State owns or operates an establishment engaged in the business of manufacturing, packing, or distributing a dietary supplement shall register with the Secretary the name of the person, places of business, and all such establishments. ``(2) Initial manufacturing.--A person, upon first engaging in a business described in paragraph (1) in an establishment that the person owns or operates in any State, shall immediately register with the Secretary the name of the person, place of business, and such establishment. ``(3) Additional establishments.--A person duly registered in accordance with paragraph (1) or (2), upon engaging in the business involved in any additional establishment that the person owns or operates in any State, shall immediately register with the Secretary the additional establishment. ``(4) Imports.--Any establishment within any foreign country engaged in the manufacture of a dietary supplement that is imported or offered for import into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. ``(5) Product information.-- ``(A) Labeling; other information.--In addition to information that under any of paragraphs (1) through (4) is required to be provided in a registration, the registration shall provide the labeling of the dietary supplements involved (except to the extent that another registration under this subsection provides the labeling) and such other information describing the dietary supplements as the Secretary may by regulation require. ``(B) Changes in underlying facts.-- With respect to information that pursuant to subparagraph (A) is submitted in a registration, if after submitting the registration to the Secretary any of the underlying facts change, the person involved shall submit revised information to the Secretary in accordance with such criteria and procedures as the Secretary may establish, which may include requiring the submission of a substitute registration. The revised information shall be so submitted not later than 30 days after the date on which the factual changes occur. ``(C) Premarket submission of labeling for postenactment products.--In the case of a dietary supplement that was not in commercial distribution as of the day before the date of the enactment of the Dietary Supplement Information Act, the manufacturer of such supplement shall submit the labeling for the supplement to the Secretary in accordance with subparagraph (A) before introducing the supplement into interstate commerce or delivering the supplement for such introduction. ``(6) Fees.--The Secretary may by regulation establish a requirement that a registration under this subsection is subject to a fee to be assessed and collected by the Secretary. Subject to the extent of amounts approved in advance by an appropriation Act for the fiscal year involved, amounts collected by the Secretary under the preceding sentence are available to the Secretary for the purpose of carrying out the responsibilities of the Secretary under this subsection and subsection (b). The Secretary may waive the requirement that a person pay such a fee if the Secretary determines that the waiver is justified on the basis that the person is a small business. ``(b) Reporting of Information on Adverse Experiences.-- ``(1) Serious experiences.--Each person who is a manufacturer of a dietary supplement, or a packer or distributor of the supplement whose name appears on the labeling of the supplement, shall-- ``(A) report to the Secretary in accordance with paragraph (2) any information received by such person on serious adverse experiences regarding the supplement; and ``(B) develop written procedures regarding the submission to the Secretary of such reports, including procedures for surveillance, receipt, and evaluation of information on such experiences. ``(2) Reporting of serious experiences.-- ``(A) Initial report.--With respect to the initial receipt of information on a serious adverse experience, a person with reporting responsibility under paragraph (1) shall submit the report to the Secretary as soon as is possible, but in no case later than 15 calendar days after the initial receipt of the information. Such report shall be accompanied by a copy of the current labeling for the dietary supplement involved. ``(B) Investigation and follow-up.--A person submitting an initial report under subparagraph (A) on a serious adverse experience shall promptly investigate the experience, and if additional information is obtained, shall report the information to the Secretary not later than 15 days after obtaining the information. If no additional information is obtained, records of the steps taken to seek additional information shall be maintained by the person. ``(C) Duplicative reporting.--In order to avoid duplicative reporting under this paragraph, the Secretary may provide for procedures under which persons who are packers or distributors described in paragraph (1) submit reports under this paragraph to the manufacturer involved rather than the Secretary, with the manufacturers then submitting the required reports to the Secretary, subject to the Secretary establishing requirements to ensure that the Secretary receives reports within the applicable period of time specified in subparagraph (A) or (B). ``(3) Clinical evaluations by secretary.--The Secretary shall conduct a clinical evaluation of each serious adverse experience reported to the Secretary under paragraph (2) (except to the extent that the patient involved or the next of kin for the patient, as the case may be, elects not to cooperate with the Secretary). ``(4) Additional requirements for manufacturers.-- ``(A) General review regarding adverse experiences.--A manufacturer of a dietary supplement shall promptly review all information on adverse experiences regarding the supplement obtained or otherwise received by the manufacturer. The preceding sentence applies to information without regard to the source of the information, foreign or domestic, and includes information derived from sources such as commercial marketing experience, postmarketing investigations, postmarketing surveillance, studies, reports in the scientific literature, and unpublished scientific papers. ``(B) Periodic reports on nonserious experiences.-- With respect to the receipt of information on adverse experiences that are not serious, a manufacturer of the dietary supplement involved shall submit reports to the Secretary annually, or at such shorter intervals as the Secretary may require. Each such report shall meet such requirements as the Secretary may establish. ``(5) Authority of secretary.--In addition to requirements established in this subsection, the Secretary may establish such requirements regarding the reporting of information on adverse experiences as the Secretary determines to be appropriate to protect the public health. The Secretary may establish waivers from requirements under this subsection regarding such information if the Secretary determines that compliance with the requirement involved is not necessary to protect the public health regarding such supplements. ``(6) System for coordinating reports received by secretary.--With respect to reports of adverse health experiences submitted to the Secretary (whether required under this subsection or otherwise), the Secretary shall establish a system to receive the reports, refer the reports to the appropriate officials within the Food and Drug Administration, store and retrieve the reports, store and retrieve records of activities carried out in response to the reports, and carry out such other administrative functions regarding the reports as the Secretary determines to be appropriate. ``(7) Data collection by secretary.--The Secretary shall carry out a program to collect data on serious adverse experiences, in addition to receiving reports required in this subsection. In carrying out such program, the Secretary shall seek the cooperation of appropriate public and private entities, including entities that respond to medical emergencies. ``(8) Definitions.--For purposes of this section: ``(A) The term `adverse experience' means an adverse experience regarding a dietary supplement. ``(B) The term `adverse experience regarding a dietary supplement' means any adverse event associated with the use of such supplement in humans, whether or not such event is considered to be related to the supplement by a person referred to in paragraph (1) who obtains the information. ``(C) The term `serious', with respect to an adverse experience, means an adverse experience to which any of clauses (i) through (iii) applies, as follows: ``(i) The experience is associated with any of the following outcomes: Death; a life- threatening condition; inpatient hospitalization or prolongation of existing hospitalization; a persistent or significant disability or incapacity; or a congenital anomaly, birth defect, or other effect regarding pregnancy, including premature labor or low birth weight. ``(ii) The experience requires medical or surgical intervention to prevent one of the outcomes specified in clause (i). ``(iii) There is reason to believe that a factor associated with the experience is the interaction of the dietary supplement involved with a drug, without regard to whether clause (i) or (ii) applies to the experience. ``(c) Postmarket Surveillance.-- ``(1) Authority to require surveillance.--The Secretary may by order require a manufacturer of a dietary supplement to conduct postmarket surveillance for such supplement if the Secretary determines that there is a reasonable possibility that a use or expected use of the supplement by a significant number of consumers may have serious adverse health consequences. ``(2) Surveillance plan.-- ``(A) In general.--Not later than 30 days after receiving from the Secretary an order under paragraph (1) to conduct surveillance for a dietary supplement, the manufacturer involved shall submit to the Secretary, for the approval of the Secretary, a plan for the required surveillance. ``(B) Qualifications regarding surveillance; data regarding adverse experiences.--Not later than 60 days after a plan is submitted to the Secretary under subparagraph (A), the Secretary shall determine whether-- ``(i) the person designated to conduct the surveillance has appropriate qualifications and experience to conduct such surveillance; and ``(ii) the plan will result in the collection of useful data that can reveal adverse experiences or other information necessary to protect the public health. ``(3) Surveillance period.--In consultation with a manufacturer of a dietary supplement that is required to conduct surveillance under paragraph (1), the Secretary may by order require a prospective surveillance period for the manufacturer of up to 36 months. Any determination by the Secretary that a longer period is necessary shall be made by mutual agreement between the Secretary and the manufacturer or, if no agreement can be reached, after the completion of a dispute resolution process that is established by the Secretary by regulation. ``(d) Reporting in General.--In addition to requirements otherwise established under this section, a manufacturer of a dietary supplement shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require to assure that such supplement is not adulterated or misbranded.''. (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(bb) The failure of a person to register, submit reports, or comply with any other requirement under section 414.''. SEC. 3. INSPECTION AUTHORITY REGARDING RECORDS ON DIETARY SUPPLEMENTS. Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)-- (A) in the second sentence, by striking ``or restricted devices'' each place such term appears and inserting ``restricted devices, or dietary supplements''; and (B) in the third sentence-- (i) by striking ``and devices'' and inserting ``devices, and dietary supplements''; and (ii) by striking ``section 505(i) or (k)'' and inserting ``section 414, section 505(i), section 505(k),''; and (2) in subsection (e), by striking ``section 519'' and inserting ``section 414, 519,''. SEC. 4. LABELING OF DIETARY SUPPLEMENTS. Section 403(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(e)) is amended-- (1) by striking ``and (2)'' and inserting the following: ``(2) the toll-free telephone number, and the address of the Internet site, maintained by the Secretary for purposes of the medical product reporting program (MedWatch or any successor program); and (3) ''; and (2) by striking ``clause (2)'' and inserting ``clause (3)''. SEC. 5. PUBLICATION OF PROPOSED RULE ON CURRENT GOOD MANUFACTURING PRACTICES FOR DIETARY SUPPLEMENTS. Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a proposed rule for carrying out section 402(g) of the Federal Food, Drug, and Cosmetic Act.
Dietary Supplement Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require a person owning or operating an establishment engaged in the business of manufacturing, packing, or distributing a dietary supplement to register with the Secretary of Health and Human the name of the person, places of business, and all such establishments. Requires immediate registration upon establishment of such a business and upon any additional establishments. Requires registration of dietary supplement importers. Sets forth labeling requirements and permits the Secretary to set registration fees.Requires any dietary supplement manufacturer, packer, or distributor to initially report to the Secretary any serious adverse reactions to a supplement, to investigate the reaction, and to report any additional information obtained to the Secretary. Sets forth additional requirements for manufacturers.Grants the Secretary authority to enter and inspect any factory, warehouse, or establishment in which dietary supplements are manufactured, processed, packed, or held, for introduction into interstate, or to enter and inspect any vehicle being used to transport or hold such supplements in interstate commerce.Deems a food (includes dietary supplements) misbranded if its label does not contain the toll-free telephone number, and the address of the Internet site, maintained by the Secretary for purposes of the medical product reporting program (MedWatch or any successor program).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Nutrition Improvement Act of 2015''. SEC. 2. UNIVERSAL MEAL SERVICE IN NATIVE AMERICAN AREAS. Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by inserting after subsection (e) the following: ``(f) Universal Meal Service in Native American Areas.-- ``(1) In general.--The Secretary shall identify, for optional use in local educational agencies on or near Indian reservations, alternatives to-- ``(A) the daily counting by category of meals provided by school lunch programs under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ``(B) the use of annual applications as the basis for eligibility to receive free meals or reduced price meals under this Act; and ``(C) the use of universal meal service described in subsections (a)(1)(F) and (g). ``(2) Use of alternatives.--Alternatives described in paragraph (1) may be-- ``(A) implemented for use in schools or by school food authorities that agree-- ``(i) to serve all breakfasts and lunches to all students at no cost; ``(ii) to pay, from sources other than Federal funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance received under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), as determined by the Secretary, with respect to the number of lunches and breakfasts served during the applicable period; and ``(iii) not to collect applications for free or reduced price meals; or ``(B) further tested through demonstration projects carried out by the Secretary in accordance with paragraph (3). ``(3) Demonstration projects.--For the purpose of carrying out demonstration projects described in paragraph (2)(B), the Secretary may waive any requirement of this Act relating to-- ``(A) counting and claiming of meals provided by school lunch or breakfast programs; and ``(B) determinations of eligibility for free or reduced price meals.''. SEC. 3. SCHOOL LUNCH PROGRAM AND CHILD AND ADULT CARE FOOD PROGRAM. Section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) is amended by striking paragraph (8) and inserting the following: ``(8) State.--The term `State' means-- ``(A) any of the 50 States; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; ``(D) the Virgin Islands; ``(E) Guam; ``(F) American Samoa; ``(G) the Commonwealth of the Northern Mariana Islands; or ``(H) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 4. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. Section 13(a)(1)(E) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(E)) is amended-- (1) in clause (vi), by striking ``and''; (2) in clause (vii), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(viii) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 5. ADMINISTRATIVE AND START UP FUNDS. Section 7(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(c)) is amended-- (1) by striking ``(c) If any State agency'' and inserting the following: ``(c) Adjustment in Administrative Funds.-- ``(1) Administration by a state agency.--If any State agency''; and (2) by adding at the end the following: ``(2) Administration by an indian tribe.-- ``(A) In general.--If an Indian tribe agrees to assume responsibility for the administration of the school breakfast program under section 4 or the school lunch program, summer food service program for children, or child and adult care food program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Secretary shall make an appropriate adjustment in the administrative funds paid under this section to the Indian tribe not later than the preceding fiscal year. ``(B) Start up funds.--The adjustment in administrative funds described in subparagraph (A) shall consist of an amount for start up funds, negotiated with the Indian tribe, of not less than $10,000 nor more than $100,000 for each fiscal year.''. SEC. 6. SCHOOL BREAKFAST PROGRAM. Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is amended by striking paragraph (1) and inserting the following: ``(1) State.--The term `State' means-- ``(A) any of the 50 States; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; ``(D) the Virgin Islands; ``(E) Guam; ``(F) American Samoa; ``(G) the Commonwealth of the Northern Mariana Islands; or ``(H) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''.
Tribal Nutrition Improvement Act of 2015 This bill amends the Richard B. Russell National School Act to allow an Indian tribe to assume, from a nearby local educational agency (LEA) and in lieu of a state, responsibility for administration of the school breakfast program, the school lunch program, the child and adult care food program, or the summer food service program for children. The Department of Agriculture (USDA) must identify, for optional use in LEAs on or near Indian reservations, alternatives to current program requirements related to the daily counting of meals by category, the use of annual applications to determine program eligibility, and the use of universal meal service. USDA may implement such alternatives, as limited by the bill, as well as further test them in demonstration projects. The bill also amends the Child Nutrition Act of 1966 to require USDA to increase the amount of administrative funds paid to an Indian tribe that agrees to assume responsibility for the administration of one of the aforementioned food programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women have entered the workforce in record numbers. (2) Even in the 1990's, women earn significantly lower pay than men for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. (3) The existence of such pay disparities-- (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) prevents the optimum utilization of available labor resources; (C) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (D) burdens commerce and the free flow of goods in commerce; (E) constitutes an unfair method of competition in commerce; (F) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; (G) interferes with the orderly and fair marketing of goods in commerce; and (H) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th amendments. (4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist more than 3 decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). (B) Elimination of such barriers would have positive effects, including-- (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; and (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) ensuring equal protection pursuant to Congress' power to enforce the 5th and 14th amendments. (5) With increased information about the provisions added by the Equal Pay Act of 1963 and wage data, along with more effective remedies, women will be better able to recognize and enforce their rights to equal pay for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. (6) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Required Demonstration for Affirmative Defense.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking ``(iv) a differential'' and all that follows through the period and inserting the following: ``(iv) a differential based on a bona fide factor other than sex, such as education, training or experience, except that this clause shall apply only if-- ``(I) the employer demonstrates that-- ``(aa) such factor-- ``(AA) is job-related with respect to the position in question; or ``(BB) furthers a legitimate business purpose, except that this item shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and ``(bb) such factor was actually applied and used reasonably in light of the asserted justification; and ``(II) upon the employer succeeding under subclause I, the employee fails to demonstrate that the differential produced by the reliance of the employer on such factor is itself the result of discrimination on the basis of sex by the employer. ``An employer that is not otherwise in compliance with this paragraph may not reduce the wages of any employee in order to achieve such compliance.''. (b) Application of Provisions.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the end the following: ``The provisions of this subsection shall apply to applicants for employment if such applicants, upon employment by the employer, would be subject to any provisions of this section.''. (c) Elimination of Establishment Requirement.--Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended-- (1) by striking ``, within any establishment in which such employees are employed,''; and (2) by striking ``in such establishment'' each place it appears. (d) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended-- (1) by striking ``or has'' each place it appears and inserting ``has''; and (2) by inserting before the semicolon the following: ``, or has inquired about, discussed, or otherwise disclosed the wages of the employee or another employee, or because the employee (or applicant) has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing, or action under section 6(d)''. (e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d) shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (f) Action by Secretary.--Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages,'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the last sentence-- (A) by striking ``commenced in the case'' and inserting ``commenced-- ``(1) in the case''; (B) by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action''. SEC. 4. TRAINING. The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 9(b), shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and (6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities. SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM. (a) Guidelines.-- (1) In general.--The Secretary of Labor shall develop guidelines to enable employers to evaluate job categories based on objective criteria such as educational requirements, skill requirements, independence, working conditions, and responsibility, including decisionmaking responsibility and de facto supervisory responsibility. (2) Use.--The guidelines developed under paragraph (1) shall be designed to enable employers voluntarily to compare wages paid for different jobs to determine if the pay scales involved adequately and fairly reflect the educational requirements, skill requirements, independence, working conditions, and responsibility for each such job with the goal of eliminating unfair pay disparities between occupations traditionally dominated by men or women. (3) Publication.--The guidelines shall be developed under paragraph (1) and published in the Federal Register not later than 180 days after the date of enactment of this Act. (b) Employer Recognition.-- (1) Purpose.--It is the purpose of this subsection to emphasize the importance of, encourage the improvement of, and recognize the excellence of employer efforts to pay wages to women that reflect the real value of the contributions of such women to the workplace. (2) In general.--To carry out the purpose of this subsection, the Secretary of Labor shall establish a program under which the Secretary shall provide for the recognition of employers who, pursuant to a voluntary job evaluation conducted by the employer, adjust their wage scales (such adjustments shall not include the lowering of wages paid to men) using the guidelines developed under subsection (a) to ensure that women are paid fairly in comparison to men. (3) Technical assistance.--The Secretary of Labor may provide technical assistance to assist an employer in carrying out an evaluation under paragraph (2). (c) Regulations.--The Secretary of Labor shall promulgate such rules and regulations as may be necessary to carry out this section. SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal bearing the inscription ``Robert Reich National Award for Pay Equity in the Workplace''. The medal shall be of such design and materials, and bear such additional inscriptions, as the Secretary of Labor may prescribe. (b) Criteria for Qualification.--To qualify to receive an award under this section a business shall-- (1) submit a written application to the Secretary of Labor, at such time, in such manner, and containing such information as the Secretary may require, including at a minimum information that demonstrates that the business has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence; and (2) meet such additional requirements and specifications as the Secretary of Labor determines to be appropriate. (c) Making and Presentation of Award.-- (1) Award.--After receiving recommendations from the Secretary of Labor, the President or the designated representative of the President shall annually present the award described in subsection (a) to businesses that meet the qualifications described in subsection (b). (2) Presentation.--The President or the designated representative of the President shall present the award under this section with such ceremonies as the President or the designated representative of the President may determine to be appropriate. (d) Business.--In this section, the term ``business'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall-- ``(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and ``(B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees. ``(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act). (Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. (Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. (Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. (Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations. (Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. (Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens. (Sec. 9) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Health Workforce Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The environmental health workforce is vital to protecting the health and safety of the public. (2) For years, State and local governmental public health agencies have reported substantial workforce losses and other challenges to the environmental health workforce. (3) According to the Association of State and Territorial Health Officials (ASTHO) and the National Association of County and City Health Officials (NACCHO), more than 50,600 State and local environmental health workforce jobs have been lost since 2008. This represents approximately 22 percent of the total State and local environmental health workforce. (4) In the coming years, the retiring Baby Boomer Generation will lead to a further decrease in the environmental health workforce. (5) Currently, only 28 States require a credential for environmental health workers that is an impartial, third-party endorsement of an individual's professional knowledge and experience. (6) Educating and training existing and new environmental health professionals should be a national public health goal. SEC. 3. MODEL STANDARDS AND GUIDELINES FOR CREDENTIALING ENVIRONMENTAL HEALTH WORKERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with appropriate national professional organizations, Federal, State, local, and tribal governmental agencies, and private- sector and nongovernmental entities, shall develop model standards and guidelines for credentialing environmental health workers. (b) Provision of Standards and Technical Assistance.--The Secretary of Health and Human Services shall provide to State, local, and tribal governments-- (1) the model standards and guidelines developed under subsection (a); and (2) technical assistance in credentialing environmental health workers. SEC. 4. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN. (a) In General.--To ensure that programs and activities (including education, training, and payment programs) of the Department of Health and Human Services for developing the environmental health workforce meet national needs, the Secretary of Health and Human Services shall develop a comprehensive and coordinated plan for such programs and activities that-- (1) includes performance measures to more clearly determine the extent to which these programs and activities are meeting the Department's strategic goal of strengthening the environmental health workforce; (2) identifies and communicates to stakeholders any gaps between existing programs and activities and future environmental health workforce needs identified in workforce projections of the Health Resources and Services Administration; (3) identifies actions needed to address such identified gaps; and (4) identifies any additional statutory authority that is needed by the Department to implement such identified actions. (b) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and to the Committees on Energy and Commerce and Education and the Workforce of the House of Representatives, the plan developed under subsection (a). SEC. 5. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT REPORT. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine and identify best practices in 6 States (as described in subsection (b)) related to training and credentialing requirements for environmental health workers and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes information concerning-- (1) types of environmental health workers employed at State, local, and city health departments and independent environmental health agencies; (2) educational backgrounds of environmental health workers; (3) whether environmental health workers are credentialed or registered, and what type of credential or registration each worker has received; (4) State requirements for continuing education for environmental health workers; (5) whether State, local, and city health departments and independent environmental health agencies track continuing education units for their environmental health workers; and (6) how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law. (b) Selection of States.--The report described in subsection (a) shall be based upon the examination of such best practices with respect to 3 States that have credentialing requirements for environmental health workers (such as Maryland, Ohio, and Washington) and 3 States that do not have such requirements (such as Indiana, Michigan, and Pennsylvania). SEC. 6. PUBLIC SERVICE LOAN FORGIVENESS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended in paragraph (3)(B)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) a full-time job as an environmental health worker (as defined in section 7 of the Environmental Health Workforce Act of 2017) who is accredited, certified, or licensed in accordance with applicable law.''. SEC. 7. DEFINITION. In this Act, the terms ``environmental health worker'' and ``environmental health workforce'' refer to public health workers who investigate and assess hazardous environmental agents in various environmental settings and develop, promote, and enforce guidelines, policies, and interventions to control such hazards.
Environmental Health Workforce Act of 2017 This bill requires the Department of Health and Human Services (HHS) to develop model standards and guidelines for credentialing environmental health workers. HHS must develop a comprehensive and coordinated plan for the environmental health workforce that includes performance measures and identifies: (1) any gaps between existing programs and future environmental health workforce needs, (2) actions needed to address any identified gaps, and (3) any additional statutory authority required by HHS to implement identified actions. The Government Accountability Office must identify best practices related to training and credentialing environmental health professionals in six states, based on the examination of three states that have credentialing requirements for environmental health workers and three that do not. The bill also amends the Higher Education Act of 1965 to specify that environmental health workers are eligible for public service loan forgiveness.
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short title Section 1. This Act may be referred to as the ``Federal Oil and Gas Lease Management Improvement Act of 1998''. findings and purposes Sec. 2. (a) Congress finds that-- (1) State governments have a long and successful history of regulation of operations to explore for and produce oil and gas. The special role of the States was recognized by Congress in 1935 through its ratification under the Constitution of the Interstate Compact to Conserve Oil and Gas. (2) Under the guidance of the Interstate Oil and Gas Compact Commission, States have established effective regulation of the oil and natural gas industry and subject their programs to periodic peer review through the Commission. (3) It is significantly less expensive for State governments than for the Federal Government, through its Bureau of Land Management, to regulate oil and gas lease operations on Federal lands. (4) Significant cost savings could be achieved, with no reduction in environmental protection or in the conservation of oil and gas resources, by having the Federal Government defer to State regulation of oil and gas lease operations on Federal lands. (5) State governments carry out regulatory oversight on State, private, and Federal lands. Oil and gas companies operating on federal lands are burdened with the additional cost and time of duplicative oversight by both State and Federal conservation authorities. Additional cost savings could be achieved within the private sector by having the Bureau of Land Management defer to State regulation. (6) The Federal Government is presently cast in dual opposing roles as a mineral owner and regulator. State regulation of oil and gas operations on Federal lands would eliminate this conflict of interest. (7) It remains the responsibility of the Secretary of the Interior to carry out the Federal policy set forth in the Mining and Minerals Policy Act of 1970 (30 U.S.C. Sec. 21a) to foster and encourage private sector enterprise in the development of economically sound and stable domestic mineral industries, and the orderly and economic development of domestic mineral resources and reserves, including oil and gas resources. (8) Resource management analyses and surveys conducted under the conservation laws of the United States benefit the public at large and are an expense properly borne by the Federal Government. (b) The purposes of this Act are-- (1) to transfer from the Bureau of Land Management to each State in which the Federal lands are present authority to regulate oil and gas operations on leased tracts and related operations as fully as if the operations were occurring on privately owned land, (2) to share the costs saved through more efficient State enforcement among State governments and the Federal treasury, (3) to prevent the imposition of unwarranted delays and recoupments of Federal administrative costs on Federal oil and gas lessees, (4) to effect no change in the administration of Indian lands, and (5) to ensure that those funds deducted from the States' net receipt share are directly tied to administrative costs related to oil and gas on Federal lands. definitions Sec. 3. For purposes of this Act-- (1) The term ``Federal lands'' means all lands and interests in lands owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate. The term excludes ``Indian lands'' as that term is defined in 30 U.S.C. Sec. 1702(3) and submerged lands on the ``Outer Continental Shelf'' as that term is defined in the Outer Continental Shelf Lands Act, 43 U.S.C. Sec. Sec. 1331 et seq., other than submerged lands subject to section 8(g) of that Act, 43 U.S.C. Sec. 1337(g). (2) The term ``oil and gas conservation authority'' means the agency or agencies in each State responsible for regulating for conservation purposes operations to explore for and produce oil and natural gas. application of act Sec. 4. For the purposes of this Act, Federal lands subject to section 8(g) of the Outer Continental Shelf Lands Act are deemed to be within the state with which revenues from those lands are shared. However, nothing in this Act shall be construed to give a State a property right or interest in any Federal lease or land. TITLE I--DEFERRAL TO STATE REGULATION OF OIL AND GAS LEASE OPERATIONS ON FEDERAL LANDS Sec. 101. (a) No sooner than 6 months from the date of enactment of this Act, a State may notify the Secretary of the Interior of its intent to accept authority for regulation of operations, as described in paragraphs (1) through (11) of this subsection, under oil and gas leases on Federal lands within the State. Effective 6 months after the Secretary receives the state's notice, the authority is transferred from the Bureau of Land Management to the State. This authority includes-- (1) processing and approving Applications for Permits to Drill, subject to surface use agreements and other terms and conditions determined by the Secretary; (2) production operations; (3) well testing; (4) well completion; (5) well spacing; (6) communization; (7) conversion of a producing well to a water well; (8) well abandonment procedures; (9) inspections; (10) enforcement activities; and (11) site security. (b) Effective on the date of transfer, the Bureau of Land Management shall no longer include the charges associated with performing those authorities transferred in subsection (a) in costs charged against the State under section 35(b) of the Mineral Leasing Act (30 U.S.C. Sec. 191(b)). (c) The Bureau of Land Management and the Forest Service shall retain authority over the issuance of leases and the approval of surface use plans, and shall spend appropriated funds to assure that the agency is making timely decisions respecting oil and gas leasing, taking into consideration multiple uses of Federal lands, socioeconomic and environmental impacts, and the results of consultations with state and local government officials. Sec. 102. (a) Following the transfer of authority, no Federal agency shall exercise the authority formerly held by the Bureau of Land Management as to oil and gas lease operations and related operations on Federal lands. (b) Following the transfer of authority, each State shall enforce its own laws, regulations, and requirements pertaining to oil and gas lease operations and related operations with due regard to the national interest in the expedited, environmentally sound development of oil and gas resources in a manner consistent with oil and gas conservation principles. (c) The Bureau of Land Management may continue to enforce any pending actions respecting acts committed prior to the date authority is transferred to a State under section 101(a) until those proceedings are concluded. (d) All applications respecting oil and gas lease operations and related operations on federal lands pending before the Bureau of Land Management on the date authority is transferred shall be immediately transferred to the oil and gas conservation authority of the State in which the given lease is located. The oil and gas conservation authority shall act on the application in accordance with its own laws, regulations, and requirements. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION Sec. 201. Subject to available appropriations, the Secretary of the Interior shall compensate any State for those costs incurred to carry out the authorities transferred under section 101(a). Payment shall be made not less than every quarter during the fiscal year. Each State seeking compensation shall report to the Secretary a cost breakdown for the authorities transferred. Compensation to a State may not exceed 50 percent of the Bureau of Land Management's allocated cost, under section 35(b) of the Mineral Leasing Act, for that State for the fiscal year ending September 30, 1997. The Secretary will adjust the maximum level of cost compensation at least once every two years to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor, using 1997 as the baseline year. Sec. 202. Section 35 of the Mineral Leasing Act (30 U.S.C. Sec. 191) is amended by adding at the end of subsection (b) the following: ``(6) The Secretary shall not include, for the purpose of calculating the deduction under paragraph (1), costs of preparing resource management planning documents and analyses for areas in which oil and gas leasing is excluded or areas in which the primary activity under review is not oil and gas leasing and development.''. TITLE III--STREAMLINING AND COST REDUCTION Sec. 301. (a) Notwithstanding sections 304 and 504 of Public Law 94-579 (43 U.S.C. Sec. Sec. 1734 and 1764) and section 9701 of title 31, United States Code, the Department of the Interior may not recover its costs with respect to applications and other documents relating to oil and gas leases. (b) The Bureau of Land Management and the Forest Service shall complete any resource management planning documents and analyses within 90 days of the agency's receipt of any offer, application, or request for which planning document or analysis must be prepared. If the agency is unable to complete the document or analysis within that time, it shall notify the applicant or lessee of the opportunity to prepare the required document or analysis for the agency's review and use in decision making. The agency for which the document or analysis is prepared shall reimburse the applicant or lessee for costs directly associated with the preparation of the document or analysis. Sec. 302. (a) The Bureau of Land Management and the Forest Service shall assure the timely issuance of Federal agency decisions respecting oil and gas leasing and operations on federal lands. (b) The Bureau of Land Management shall accept or reject an offer to lease within 90 days of the filing of the offer. If an offer is not acted upon within that time, the offer is deemed accepted. (c) The Bureau of Land Management and a State that has accepted transfer under section 101(a) shall approve or disapprove an Application for Permit to Drill within 30 days of receipt of a complete application. If the application is not acted upon within that time, the application is deemed approved. (d) The Bureau of Land Management or the Forest Service, as the case may be, shall approve or disapprove a surface use plan within 30 days of receipt of a complete plan. (e) From the time that a Federal oil and gas lessee or operator files a notice of administrative appeal of a decision or order of an officer or employee of the Department of the Interior or the Forest Service respecting a Federal oil and gas Federal lease, the Department or Service shall have two years to issue a final decision in that appeal. If no final decision has been issued within that time, the appeal is deemed granted. Sec. 303. (a) The Bureau of Land Management and the Forest Service shall assure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and as leasing on Federal lands. (b) Lands designated as available for multiple use under Bureau of Land Management resource management plans and Forest Service leasing analyses shall be available for oil and gas leasing without lease stipulations more stringent than restrictions on surface use and operations imposed under the laws and regulations of the relevant State oil and gas conservation authority unless the Bureau or Service includes in its decision approving the management plan or leasing analysis a written explanation of why more stringent stipulations are warranted. Any decision to require a more stringent stipulation shall be administratively appealable and, following a final agency decision, judicially reviewable under the Administrative Procedure Act. (c) If the Bureau of Land Management or the Forest Service rejects an offer to lease on the ground that the land is unavailable for leasing, the respective agency shall provide a written, detailed explanation of the reasons the land is unavailable for leasing. Where the determination of unavailability is based on a previous resource management decision, the explanation shall include a careful assessment of whether the reasons underlying the previous decision are still persuasive. The agency may not reject an offer to lease lands available for leasing on the ground that the offer includes lands unavailable for leasing, and it must segregate lands available from those unavailable, upon the offeror's request following notice by the agency, before acting on the offer to lease. (d) The Bureau of Land Management or the Forest Service shall provide a written, detailed explanation of the reasons for disapproving or requiring modifications of any surface use plan or Application for Permit to Drill. (e) A decision of the Bureau of Land Management or the Forest Service respecting an oil and gas lease shall be effective pending administrative appeal to the appropriate office within the Department of the Interior or the Department of Agriculture unless that office grants a stay in response to a petition satisfying the criteria for a stay established by 43 CFR Sec. 4.21(b)(1) (1997). Sec. 304. By March 31, 1999, the Secretary of the Interior and the Secretary of Agriculture will jointly submit a report to the President of the Senate and the Speaker of the House of Representatives explaining the most efficient means of eliminating overlapping jurisdiction, duplication of effort, and inconsistent policymaking and policy implementation as between the Bureau of Land Management and the Forest Service. The report will include recommendations on changes in statute needed to implement the report's conclusions. Sec. 305. (a) By March 31, 1999, the Secretary of the Interior will publish, through notice in the Federal Register, a national inventory of the oil and gas reserves and potential resources underlying Federal lands (other than lands governed by section 8(g) of the Outer Continental Shelf Lands Act). The inventory will indicate what percentage of those reserves and resources is currently available for leasing and development. The inventory will further detail what percentage of the reserves and resources are on-- (1) lands now open for leasing but which have never been leased; (2) lands open for leasing or development subject to no surface occupancy stipulations; and (3) lands open for leasing or development subject to other lease stipulations which have significantly impeded or prevented, or are likely to significantly impede or prevent, development. (b) By September 30, 1999, public comments on the inventory will be filed. The Secretary of the Interior shall specifically invite comments on the effect of Bureau of Land Management resource management decisions on past and future oil and gas development. (c) By March 31, 2000, the Secretary of the Interior will file a report with the President of the Senate and the Speaker of the House of Representatives to be comprised of his revised inventory and other responses to the public comments. The report will specifically indicate what steps the Bureau of Land Management will take to increase the percentage of lands open for development of oil and gas resources.
TABLE OF CONTENTS: Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands Title II: Use of Cost Savings from State Regulation Title III: Streamlining and Cost Reduction Federal Oil and Gas Lease Management Improvement Act of 1998 - Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands - Authorizes a State to notify the Secretary of the Interior of its intent to accept authority for oil and gas lease operations on Federal lands within such State. Transfers such authority by operation of law from the Bureau of Land Management (BLM) to a State six months after the Secretary receives the State's notice. Title II: Use of Cost Savings from State Regulation - Instructs the Secretary to compensate any State for costs incurred to implement the transferred authorities. Amends the Mineral Leasing Act to direct the Secretary to exclude from the 50 percent deduction from oil, gas, and geothermal revenues, with respect to calculation of specified Federal payments to States, the costs of preparing resource management planning documents and analyses for areas in which oil and gas leasing is excluded, or areas in which the primary activity under review is not oil and gas leasing and development. Title III: Streamlining and Cost Reduction - Prohibits the Department of the Interior from recovering its costs with respect to applications and other documents relating to oil and gas leases. Prescribes guidelines for the decision-making process of the BLM and the Forest Service affecting oil and gas leases and operations. Directs the BLM and the Forest Service to assure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and gas leasing on Federal lands. Sets forth a timetable for the Secretary of the Interior to: (1) report jointly with the Secretary of Agriculture to the Congress on the most efficient means of eliminating overlap and duplication between the BLM and the Forest Service; (2) publish notice in the Federal Register of a national inventory of oil and gas reserves and potential resources underlying Federal lands; and (3) report to the Congress a revised inventory of such reserves and resources as a result of public comment, and specifically indicate BLM steps to increase the percentage of lands open for oil and gas development.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sugar Policy Modernization Act of 2017''. SEC. 2. SUGAR PROGRAM. (a) Loan Rates.--Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Sugarcane.--The Secretary shall make loans available to processors of domestically grown sugarcane at a rate equal to-- ``(1) 18.75 cents per pound for raw cane sugar for the 2018 crop year; ``(2) 18.50 cents per pound for raw cane sugar for the 2019 crop year; ``(3) 18.25 cents per pound for raw cane sugar for the 2020 crop year; and ``(4) 18.00 cents per pound for raw cane sugar for the 2021 through 2023 crop years. ``(b) Sugar Beets.--The Secretary shall make loans available to processors of domestically grown sugar beets at a rate equal to 128.5 percent of the loan rate per pound of raw cane sugar for the applicable crop year under subsection (a) for each of the 2018 through 2023 crop years.''. (b) Avoiding Forfeitures While Ensuring Adequate Supplies at Reasonable Prices.--Section 156(f) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(f)) is amended-- (1) in the subsection heading, by inserting ``While Ensuring Adequate Supplies at Reasonable Prices'' after ``Forfeitures''; and (2) in paragraph (1), by inserting ``ensure adequate supplies of sugar at reasonable prices and'' after ``shall''. (c) Assurance of No Net Cost and Means for Recovery of Net Costs.-- Section 156(f) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(f)) is further amended by adding at the end the following new paragraph: ``(3) Assurance of no net cost; recovery of net costs.-- ``(A) Recovery required.--Whenever the Secretary finds that, notwithstanding paragraph (1), the program established under this section has resulted in a net cost to the Federal Government, the Secretary shall recover, in a manner determined by the Secretary in regulations prescribed under subparagraph (C), such net cost from processors of domestically grown sugarcane and sugar beets. ``(B) Recovery method.--The Secretary may provide for single or multiple payments by each processor of domestically grown sugarcane or sugar beets for the recovery of such net cost under this paragraph. ``(C) Net cost defined.--In this paragraph, the term `net cost' refers to a situation in which Federal expenditures (including disbursement of loan proceeds) for a fiscal year pursuant to the program established under this section exceed receipts under such program (including loan repayments) for the same fiscal year. ``(D) Regulations.--The Secretary shall issue regulations to carry out this paragraph. ``(E) Application.--This paragraph shall apply beginning with the 2019 crop year.''. (d) Effective Period.--Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking ``2018'' and inserting ``2023''. SEC. 3. ONE-YEAR EXTENSION OF FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS AND SUBSEQUENT TERMINATION. (a) Extension.--Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended-- (1) in paragraph (1)(A), by striking ``2018'' and inserting ``2019''; and (2) in paragraph (2)(A), by striking ``2018'' and inserting ``2019''. (b) Termination.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is amended by adding at the end the following new subsection: ``(c) Termination.--The Secretary may not carry out the feedstock flexibility program under subsection (b) for the 2020 or subsequent crops of eligible commodities.''. SEC. 4. TWO-YEAR EXTENSION OF MARKETING ALLOTMENTS FOR SUGAR AND SUBSEQUENT ADMINISTRATION OF TARIFF-RATE QUOTAS. (a) Flexible Marketing Allotments for Sugar.-- (1) Sugar estimates.--Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking ``2018'' and inserting ``2020''. (2) Effective period.--Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking ``2018'' and inserting ``2020''. (3) Transition to final stocks to use ratio.--Section 359k(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk(b)) is amended by adding at the end the following new paragraph: ``(3) Stocks-to-use ratio.--Notwithstanding paragraphs (1) and (2), the Secretary shall adjust tariff-rate quotas established under subsection (a) in such a manner as to ensure, to the maximum extent practicable, that-- ``(A) the final ratio of sugar stocks to total sugar use at the end of a crop year will be approximately-- ``(i) 14.5 percent for fiscal year 2019; and ``(ii) 15 percent for fiscal year 2020; and ``(B) stocks of raw cane and refined beet sugar are adequate throughout the crop year to meet the needs of the marketplace, including the efficient utilization of cane refining capacity.''. (b) Repeal and Replacement.-- (1) In general.--Effective October 1, 2020, part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is amended to read as follows: ``PART VII--SUGAR ``SEC. 359. ADMINISTRATION OF TARIFF-RATE QUOTAS. ``(a) Establishment.--Notwithstanding any other provision of law, at the beginning of fiscal year 2021 and each fiscal year thereafter through the end of the effective period, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugar to provide adequate supplies of sugar at reasonable prices, but at no less than the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. ``(b) Adjustment Authority.--The Secretary shall adjust tariff-rate quotas established under subsection (a) in such a manner as to ensure, to the maximum extent practicable, that-- ``(1) the final ratio of sugar stocks to total sugar use at the end of a fiscal year will be approximately 15.5 percent for fiscal year 2021 and each fiscal year thereafter through the end of the effective period; and ``(2) stocks of raw cane and refined beet sugar are adequate throughout the crop year to meet the needs of the marketplace, including the efficient utilization of cane refining capacity. ``(c) Transfer of Quota Shares.-- ``(1) In general.--The Secretary shall promulgate regulations that-- ``(A) promote full use of the tariff-rate quotas for raw cane sugar and refined sugar and ensure adequate supplies for cane refiners in the United States; ``(B) provide that any country that has been allocated a share of the quotas may temporarily transfer all or part of the share to any other country that has also been allocated a share of the quotas. ``(2) Transfers voluntary.--Any transfer under this subsection shall be valid only pursuant to a voluntary agreement between the transferor and the transferee, consistent with procedures established by the Secretary. ``(3) Limitations on transfers with respect to fiscal year.-- ``(A) In general.--Any transfer under this subsection shall be valid only for the duration of the fiscal year during which the transfer is made. ``(B) Following fiscal year.--No transfer under this subsection shall affect the share of the quota allocated to the transferor or transferee for the following fiscal year. ``(d) Effective Period.--This section shall be effective for fiscal years only through the 2023 crop year for sugar.''. (2) Continued application of prior law to certain sugar crops.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.), as in effect on the day before the date specified in paragraph (1), shall continue to apply to the 2019 and 2020 crop years for sugar. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the President should establish, as major goals of the United States trade policy, the following: (1) The elimination of all direct and indirect subsidies benefitting the production or export of sugar by any government. (2) The enforcement, negotiation, and implementation of trade agreements that provide commercially meaningful sugar trade liberalization globally and enhance trade opportunities for United States agriculture and all sectors of the United States economy.
Sugar Policy Modernization Act of 2017 This bill amends the Federal Agriculture Improvement and Reform Act of 1996 and other agricultural laws to modify the Department of Agriculture (USDA) sugar program. The bill modifies the sugar program to: reduce the rates for price support loans to processors of domestically grown sugarcane and sugar beets; require USDA to recover the net cost of the program from domestic sugar processors; extend through 2019 and then terminate the Feedstock Flexibility Program under which USDA purchases surplus sugar from domestic processors for resale to ethanol producers; extend through 2020 and then repeal the flexible marketing allotments which limit the amount of sugar that domestic processing companies may sell for domestic human use; require USDA to administer the program to provide adequate supplies of sugar at reasonable prices; require USDA to adjust sugar tariff-rate quota imports to achieve specified ratios of sugar stocks to total sugar use; and allow the transfer of quotas between countries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Albert Einstein Distinguished Educator Fellowship Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Department of Energy has unique mathematics and science capabilities that contribute to mathematics and science education through existing programs within the Department; (2) a need exists to increase understanding, communication, and cooperation between the Department of Energy, other Federal agencies, and the mathematics and science education community; (3) the mathematics and science education community includes a cadre of nationally recognized outstanding elementary and secondary school mathematics and science teachers; (4) elementary and secondary school mathematics and science teachers can provide insight into effective education programs; and (5) a pilot program has confirmed the effectiveness of outstanding elementary and secondary school mathematics and science teachers serving in professional staff capacities in the Senate and the House of Representatives. SEC. 3. PURPOSE; DESIGNATION. (a) Purpose.--It is the purpose of this Act to establish a national fellowship program for outstanding elementary and secondary mathematics and science teachers. (b) Designation.--A recipient of a fellowship under this Act shall be known as an ``Albert Einstein Fellow''. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``contractor'' means a nonprofit educational organization selected by the Secretary to administer the fellowship program authorized under this Act; (2) the term ``Secretary'' means the Secretary of Energy; (3) the term ``elementary school'' has the meaning provided by section 1471(8) of the Elementary and Secondary Education Act of 1965; (4) the term ``local educational agency'' has the meaning provided by section 1471(12) of the Elementary and Secondary Education Act of 1965; (5) the term ``outstanding'', used with respect to an elementary or secondary school mathematics or science teacher, means such a teacher who-- (A)(i) is a State or national winner of the Presidential Award for Excellence in Mathematics and Science Teaching; (ii) has participated in the Woodrow Wilson Fellowship Program; or (iii) has been a recipient of national or State recognition comparable to the recognition described in subparagraph (A) or (B); and (B) has received a sabbatical leave from teaching in order to participate in the fellowship program under this Act, which leave shall provide for the return to a teaching position in the school district in which such individual taught in the academic year preceding such leave; and (6) the term ``secondary school'' has the meaning provided by section 1471(21) of the Elementary and Secondary Education Act of 1965. SEC. 5. FELLOWSHIP PROGRAM AUTHORIZED. (a) In General.-- (1) In general.--(A) Except as provided in subparagraph (B), the Secretary is authorized to establish the Albert Einstein Distinguished Educator Fellowship Program to provide 10 outstanding elementary or secondary school mathematics or science teachers with fellowships in each fiscal year in accordance with this Act. (B)(i) The Secretary may reduce the number of fellowships awarded under this Act in any fiscal year if the amount appropriated pursuant to the authority of section 7 for such year is less than the amount authorized to be appropriated pursuant to such authority for such year. (ii) If the number of fellowships awarded under this Act is reduced pursuant to clause (i) for a fiscal year then the Secretary shall ensure that priority is given to awarding fellowships for such year to individuals selected pursuant to clauses (i) and (ii) of subsection (d)(2)(B). (2) Number of fellowships.--The Secretary shall provide-- (A) 2 outstanding elementary or secondary school mathematics or science teachers with fellowships in the Senate; (B) 2 such teachers with fellowships in the House of Representatives; and (C) 1 such teacher with a fellowship in each of the following: (i) The Department of Energy. (ii) The Department of Education. (iii) The National Institutes of Health. (iv) The National Science Foundation. (v) The Office of Science and Technology Policy. (vi) The National Aeronautics and Space Administration. (3) Term of fellowships.--Fellowships under this Act shall be awarded for a period of 10 months that, to the extent possible, coincide with the academic year. (b) Program Administration.-- (1) Contract.--The Secretary is authorized to enter into a contract with a contractor to enable such contractor to administer the Albert Einstein Distinguished Educator Fellowship Program. (2) Requirements.--The contractors shall provide for-- (A) the development and administration of an application process for the awarding of fellowships under this Act; (B) publication on the fellowship program in appropriate professional publications and invite applications from teachers listed in the directories of the Presidential Awardees, the Woodrow Wilson Fellows, and other national and State recognition programs; (C) the development and administration of an initial screening process of applicants for the Albert Einstein Fellowship Program to narrow the pool of such applicants to 10 outstanding elementary and secondary school mathematics teachers and 10 outstanding elementary and secondary school science teachers; (D) the development and administration of the process whereby final selections of fellowship recipients are made in accordance with subsection (d)(2); (E) the development of a program of orientation for fellowship recipients under this Act; (F) the establishment and administration of a reporting and evaluation program for each year fellowships are awarded under this Act; (G) submission of an annual report and evaluation of the fellowship program under this Act to the Secretary not later than August 31, 1995, and each year thereafter; and (H) the administration of all funds received under this Act, including salaries and expenses incurred in conducting the selection process, and agreements with the local educational agencies or school districts serving the schools at which the outstanding elementary or secondary school mathematics or science teachers taught prior to the award of fellowships under this Act regarding the disbursement of funds to such teachers. (c) Use of Funds.-- (1) In general.--The contractor shall only use funds under this Act for fellowship recipient salaries, the contractor's Federal insurance contributions under chapter 21 of the Internal Revenue Code of 1986, administrative expenses (including information dissemination, direct mailing, advertising, direct staff costs for coordination and accounting services), expenses of conducting an orientation program, relocation expenses, and the expenses of conducting the final selection interviews described in subsection (d)(1). (2) Special rule.--The contractor may seek funding from non-Federal sources to establish an account from which fellowship recipients may be reimbursed for travel, professional meetings, and other appropriate expenses. (d) Selection.-- (1) In general.--The contractor shall invite the 20 semifinalists to Washington, D.C., to participate in interviews after the initial screening process described in subparagraph (C) of subsection (b)(2) is completed. (2) Final selection.--(A) The final selections shall be made in accordance with subparagraph (B) and announced prior to May 1 preceding each fellowship term. (B) The contractor shall develop and conduct a process whereby final selections of fellowship recipients under this Act are made as follows: (i) The Speaker of the House of Representatives and the Minority Leader of the House of Representatives, or their designees, shall each select a fellowship recipient who shall be assigned to the House of Representatives. (ii) The Majority Leader of the Senate and the Minority Leader of the Senate, or their designees, shall each select a fellowship recipient who will be assigned to the Senate. (iii) The Secretary of Energy, the Secretary of Education, the Director of the National Institutes of Health, the Director of the National Science Foundation, the Assistant to the President for Science and Technology Policy, and the Administrator of the National Aeronautics and Space Administration, or their designees, shall each select 1 fellowship recipient who shall be assigned within the department, agency, institute, or office that such individual administers. (e) Final Placement.-- (1) In general.--Each individual selected to receive a fellowship pursuant to subsection (d) shall interview in the various sections, offices, or divisions within the department, agency, institute, or office in which such individual is to be placed. (2) Date.--The final placement described in paragraph (1) shall take place on or before the first day of the fellowship period. SEC. 6. FELLOWSHIP AWARDS. Each recipient of a fellowship under this Act shall be paid during the fellowship period at a rate of pay that shall not exceed the minimum annual rate payable for a position under GS-13 of the General Schedule. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $550,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 2001, to carry out this Act.
Albert Einstein Distinguished Educator Fellowship Act of 1994 - Authorizes the Secretary of Energy to establish the Albert Einstein Distinguished Educator Fellowship Program to provide fellowships to ten outstanding elementary or secondary school teachers of mathematics or science in each fiscal year. Provides for assignment of fellowship recipients to the Senate, House of Representatives, Department of Energy, Department of Education, National Institutes of Health, National Science Foundation, Office of Science and Technology, and National Aeronautics and Space Administration. Authorizes the Secretary to contract with a contractor to administer the Program. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 2001''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification; and (7)(A) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the state in which they reside; or (B) are opposite sex domestic partners, and are not related in a way that would prohibit legal marriage in the state in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under applicable provisions of chapter 89 of title 5, United States Code. (d) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (e) Definitions.--For purposes of this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means-- (A) Civil Service Retirement, as provided in title 5, chapter 83, of the United States Code; (B) Federal Employees' Retirement, as provided in title 5, chapter 84, of the United States Code; (C) life insurance, as provided in title 5, chapter 87, of the United States Code; (D) health insurance, as provided in title 5, chapter 89, of the United States Code; and (E) compensation for work injuries, as provided in title 5, chapter 81, of the United States Code. (3) Employee.-- (A) With respect to Civil Service Retirement, the term ``employee'' shall have the meaning given such term in section 8331(1) of title 5, United States Code. (B) With respect to Federal Employees' Retirement, the term ``employee'' shall have the meaning given such term in section 8401(11) of title 5, United States Code. (C) With respect to life insurance, the term ``employee'' shall have the meaning given such term in section 8701(a) of title 5, United States Code. (D) With respect to health insurance, the term ``employee'' shall have the meaning given such term in section 8901 of title 5, United States Code. (E) With respect to compensation for work injuries, the term ``employee'' shall have the meaning given such term in section 8101(1) of title 5, United States Code. (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. 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: ``(d) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 2001 shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''.
Domestic Partnership Benefits and Obligations Act of 2001 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Obesity Prevention Act of 2008''. SEC. 2. FEDERAL TASK FORCE ON OBESITY; ADVISORY COMMITTEE ON OBESITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399S. OBESITY INITIATIVES. ``(a) Office of the National Coordinator of Obesity Initiatives.-- ``(1) Establishment.--There is established within the office of the Secretary the Office of the National Coordinator of Obesity Initiatives, to be headed by the National Coordinator of Obesity Initiatives. The National Coordinator shall be appointed by the Secretary and shall report directly to the Secretary. ``(2) Duties.--The duties of the National Coordinator of Obesity Initiatives shall include implementing and coordinating a national strategy to eliminate the occurrence of obesity in the United States. ``(b) Federal Task Force on Obesity.-- ``(1) Establishment.--The Secretary shall convene a Task Force on Obesity (referred to in this section as the `Task Force') to-- ``(A) establish a governmentwide strategy for preventing and reducing the rate of occurrence of obesity that includes defining clear roles, responsibilities, and accountability for all agencies of the Federal Government and determining what resources are necessary for preventing and reducing such rate of occurrence; ``(B) coordinate effective interagency actions and priorities for action among Federal agencies, including short-term and long-term goals for childhood and adult obesity rates; and ``(C) implement and evaluate the effectiveness of such strategy. ``(2) Membership.-- ``(A) In general.--The Task Force shall be composed of-- ``(i) the Secretary (or his or her designee) of-- ``(I) the Department of Health and Human Services; ``(II) the Department of Agriculture; ``(III) the Department of Education; ``(IV) the Federal Trade Commission; ``(V) the Department of Transportation; ``(VI) the Department of Defense; ``(VII) the Department of Veterans Affairs; ``(VIII) the Department of Interior; ``(IX) the Department of Labor; ``(X) the Department of Housing and Urban Development; and ``(XI) any other Federal agency that the chairperson determines appropriate; ``(ii) the Chairman (or his or her designee) of the Federal Communications Commission; and ``(iii) the National Coordinator of Obesity Initiatives. ``(B) Chairperson.--The chairperson of the Task Force shall be the National Coordinator of Obesity Initiatives. ``(3) Meetings.--The Task Force shall meet at the call of the chairperson. ``(4) Report.--Not later than January 1, 2010, and on an annual basis thereafter through January 1, 2015, the Task Force shall submit to the President and to the relevant committees of Congress, a report that-- ``(A) describes the activities and efforts to prevent and reduce the rate of occurrence of obesity conducted by the Task Force during the year to which the report relates; and ``(B) evaluates the effectiveness of such activities and efforts to prevent and reduce the rate of occurrence of obesity. ``(c) Advisory Committee on Obesity.-- ``(1) Establishment.--The Secretary may establish an advisory committee to be known as the Advisory Committee on Obesity to provide recommendations to the Task Force for purposes of establishing the governmentwide strategy under subsection (a)(1). ``(2) Membership.-- ``(A) In general.--In the case the Secretary established the Advisory Committee on Obesity, such committee shall be composed of 7 members, to be appointed by the Secretary, of whom there shall be one representative from each of the following communities: ``(i) State and local governments. ``(ii) Schools. ``(iii) Community and religious groups. ``(iv) The business community, including the food and beverage industry and farmers. ``(v) Insurance companies. ``(vi) Researchers and scientists. ``(B) Terms.--The members of the Advisory Committee shall serve for such term as the Secretary may specify. ``(C) Chairperson.--The Chairperson of the Advisory Committee shall be the National Coordinator of Obesity Initiatives. ``(3) Meetings.--The Advisory Committee shall meet once per year and at such other times as the Advisory Committee may provide. ``(4) Advisory panels.--Each member of the Advisory Committee may consult with an advisory panel composed of persons from the community of such member, with respect to recommendations for a national strategy to combat obesity. ``(d) Obesity Defined.--For purposes of this section, the term `obesity' shall have the meaning given such term by the Centers of Disease Control and Prevention.''. SEC. 3. FEDERAL AGENCY REVIEWS TO COMBAT OBESITY. (a) Reviews and Reports by Federal Agencies Required.-- (1) Reviews.--Not later than 6 months after the date of the enactment of this Act and on an annual basis thereafter, the head of each Federal agency shall conduct a review of the programs and budgets of such agency to determine how such programs and budgets impact physical activity, nutrition, and the rate of occurrence of obesity (as defined in section 399S(c) of the Public Health Service Act, as added by section 2) among people in the United States. Based on the findings of each such review of a Federal agency, the head of such agency shall determine ways in which the agency should adopt aspects of the governmentwide strategy established under section 399S(a)(1) of the Public Health Service Act, as added by section 2, and implement such aspects as appropriate. (2) Reports.--Not later than 12 months after the date of the completion of a review under paragraph (1) by a Federal agency, the head of the agency shall submit to Congress a report on the results of such review, including any aspects of the governmentwide strategy described in such paragraph that are determined should be adopted by the agency and any such aspects that have been implemented by the agency since the previous review conducted by the agency under this subsection. (b) GAO Report.--Not later than 12 months and annually thereafter, the Comptroller General shall submit to Congress a report that contains the results of a review conducted by the Comptroller General of the programs and budgets of each Federal agency to determine how such programs and budgets impact physical activity, nutrition, and the rate of occurrence of obesity (as so defined) among people in the United States.
National Obesity Prevention Act of 2008 - Amends the Public Health Service Act to establish the Office of the National Coordinator of Obesity Initiatives. Requires the National Coordinator to implement and coordinate a national strategy to eliminate the occurrence of obesity in the United States. Requires the Secretary of Health and Human Services to convene a take force on obesity to: (1) establish and implement a government-wide strategy for preventing and reducing obesity; and (2) coordinate effective interagency actions and priority for action among federal agencies. Allows the Secretary to establish the Advisory Committee on Obesity to provide recommendations to the task force for purposes of establishing such a strategy. Directs the head of each federal agency to: (1) conduct a review to determine how agency programs and budgets impact physical activity, nutrition, and obesity in the United States; and (2) determine ways in which the agency should adopt aspects of the strategy established under this Act. Requires the Comptroller General to review the programs and budgets of each federal agency to determine how programs and budgets impact physical activity, nutrition, and obesity in the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Protecting Girls by Preventing Child Marriage Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Child marriage, also known as ``forced marriage'' or ``early marriage'', is a harmful traditional practice that deprives girls of their dignity and human rights. (2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of Article 16 of the Universal Declaration of Human Rights, which states, ``Marriage shall be entered into only with the free and full consent of intending spouses.''. (3) An estimated 51 million girls in developing countries now ages 20-24 were married under the age of 18, and if present trends continue more than 100 million more girls in developing countries will be married as children over the next decade. (4) In developing countries, other than China, approximately one in seven girls marry before the age of 15 and one in three girls are married before the age of 18. (5) Child marriage ``treats young girls as property'' and ``poses grave risks not only to women's basic rights but also their health, economic independence, education, and status in society'', according to the Department of State. (6) In 2005, the Department of State conducted a world-wide survey and found child marriage to be a concern in 64 out of 182 countries surveyed, with child marriage most common in sub- Saharan Africa and parts of South Asia as well as the Middle East (7) In Ethiopia's Amhara region, about half of all girls are married by age 14 with 95 percent not knowing their husbands before marriage, 85 percent unaware they were to be married, and 70 percent reporting their first sexual initiation within marriage taking place before their first menstrual period, according to a 2004 survey. (8) In Afghanistan, where the legal age of marriage for girls is 16 years, 57 percent of marriages involve girls below the age of 16, including girls younger than 10 years, according to the United Nations Children's Fund (UNICEF). (9) In some areas of northern Nigeria, 45 percent of girls are married by age 15 and 73 percent by age 18, with age gaps between girls and the husbands averaging between 12 and 18 years. (10) Between half and three-quarters of all girls are married before the age of 18 in the following countries: Niger, Chad, Bangladesh, Mali, Guinea, the Central African Republic, Nepal, Mozambique, Uganda, Burkina Faso, and India, according to Demographic Health Survey data. (11) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (12) Child marriage has negative effects on girls' health, including significantly increased risk of maternal death and morbidity, infant mortality, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS. (13) In developing countries, girls ages 10 to 14 who become pregnant are five times more likely to die during a pregnancy or in childbirth than women ages 20 to 24. (14) Child marriage can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims, according to UNICEF. (15) Out-of-school or unschooled girls are at greater risk of child marriage while girls in school face pressure to withdraw from school when secondary school requires monetary costs, travel, or other social costs, including lack of lavatories and supplies for menstruating girls and increased risk of sexual violence. (16) The World Bank reports in 2006 that it is estimated that ``about half of girls in Sub-Saharan Africa who drop out of primary school do so because of poor water and sanitation facilities''. (17) UNICEF reports that investments in improving school sanitation resulted in a 17 percent increase in school enrollment for girls in Guinea and an 11 percent increase for girls in Bangladesh. (18) Investments in girls' schooling, creating safe community spaces for girls, and programs for skills building for out-of-school girls are all effective and demonstrated strategies for preventing child marriage and creating a pathway to empower girls by addressing conditions of poverty, low status, and norms that contribute to child marriage. (19) Most countries with high rates of child marriage have a legally-established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) child marriage is a violation of human rights and the prevention and elimination of child marriage should be a foreign policy goal of the United States; (2) the practice of child marriage undermines United States investments in foreign assistance to promote education and skills building for girls, reduce maternal and child mortality, reduce maternal illness, halt the transmission of HIV/AIDS, prevent gender-based violence, and reduce poverty; and (3) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and the global health and development objectives of the United States, including efforts to prevent HIV/AIDS. SEC. 4. ASSISTANCE TO PREVENT THE INCIDENCE OF CHILDHOOD MARRIAGE IN DEVELOPING COUNTRIES. (a) Assistance Authorized.--The President is authorized to provide assistance, including through multilateral, nongovernmental, and faith- based organizations, to prevent the incidence of child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women as part of the strategy to prevent child marriage in developing countries established pursuant to section 5. (b) Priority.--In providing assistance authorized under subsection (a), the President shall give priority to-- (1) areas or regions in developing countries in which 15 percent of girls under the age of 15 are married or 40 percent of girls under the age of 18 are married; and (2) activities to-- (A) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage; (B) establish pilot projects to prevent child marriage; and (C) share evaluations of successful programs, program designs, experiences, and lessons. (c) Coordination.--Assistance authorized under subsection (a) shall be integrated with existing United States programs for advancing appropriate age and grade-level basic and secondary education through adolescence, ensure school enrollment and completion for girls, health, income generation, agriculture development, legal rights, and democracy building and human rights, including-- (1) support for community-based activities that encourage community members to address beliefs or practices that promote child marriage and to educate parents, community leaders, religious leaders, and adolescents of the health risks associated with child marriage and the benefits for adolescents, especially girls, of access to education, health care, livelihood skills, microfinance, and savings programs; (2) enrolling girls in primary and secondary school at the appropriate age and keeping them in age-appropriate grade levels through adolescence; (3) reducing education fees, and enhancing safe and supportive conditions in primary and secondary schools to meet the needs of girls, including-- (A) access to water and suitable hygiene facilities, including separate lavatories and latrines for girls; (B) assignment of female teachers; (C) safe routes to and from school; and (D) eliminating sexual harassment and other forms of violence and coercion; (4) ensuring access to health care services and proper nutrition for adolescent girls, which is essential to both their school performance and their economic productivity; (5) increasing training for adolescent girls and their parents in financial literacy and access to economic opportunities, including livelihood skills, savings, microfinance, and small-enterprise development; (6) supporting education, including through community and faith-based organizations and youth programs, that helps remove gender stereotypes and the bias against girls used to justify child marriage, especially efforts targeted at men and boys, promotes zero tolerance for violence, and promotes gender equality, which in turn help to increase the perceived value of girls; (7) creating peer support and female mentoring networks and safe social spaces specifically for girls; and (8) supporting local advocacy work to ensure that governments and law enforcement officials are meeting their obligations to prevent child and forced marriage as well as legal literacy programs at the community level. SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES. (a) Strategy Required.--The President, acting through the Administrator of the United States Agency for International Development, shall establish a multi-year strategy to prevent child marriage in developing countries and promote the empowerment of girls at risk of child marriage in developing countries, including by addressing the unique needs, vulnerabilities, and potential of girls ages eight to 18 in developing countries. (b) Consultation.--In establishing the strategy required by subsection (a), the President shall consult with Congress, relevant Federal departments and agencies, multilateral organizations, and representatives of civil society. (c) Elements.--The strategy required by subsection (a) shall-- (1) focus on areas in developing countries with high prevalence of child marriage; and (2) encompass diplomatic initiatives between the United States and governments of developing countries, with attention to human rights, legal reforms and the rule of law, and programmatic initiatives in the areas of education, health, income generation, changing social norms, human rights, and democracy building. (d) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report that includes-- (1) the strategy required by subsection (a); (2) an assessment, including data disaggregated by age and gender to the extent possible, of current United States-funded efforts to specifically assist girls in developing countries; and (3) examples of best practices or programs to prevent child marriage in developing countries that could be replicated. SEC. 6. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. The Foreign Assistance Act of 1961 is amended-- (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(g) The report required by subsection (d) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description on the status of the practice of child marriage (as defined in section 7 of the International Protecting Girls by Preventing Child Marriage Act of 2007) in the country.''; and (2) in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection: ``(i) The report required by subsection (b) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description on the status of the practice of child marriage (as defined in section 7 of the International Protecting Girls by Preventing Child Marriage Act of 2007) in the country.''. SEC. 7. DEFINITION. In this Act, the term ``child marriage'' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act and the amendments made by this Act, there are authorized to be appropriated $25,000,000 for each of fiscal years 2008 through 2012.
International Protecting Girls by Preventing Child Marriage Act of 2007 - Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria. Directs the President, through the United States Agency for International Development (USAID), to establish a multi-year strategy to prevent child marriage in developing countries and to promote the empowerment of girls at risk of child marriage, including by addressing the unique needs and potentials of eight to 18 year old girls. Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for countries with specified rates of child marriage. Defines "child marriage."
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SECTION 1. SHORT TITLE. This Act may be cited to as the ``Renewable Energy Jobs Act''. SEC. 2. ALTERNATIVE ENERGY TRAINING AND EMPLOYMENT PROGRAM. (a) Pilot Program.--The Secretary of Labor shall carry out a pilot program to award competitive grants to States to train individuals for careers in the renewable energy and energy efficiency industries. (b) Grant Awards.--The Secretary shall award grants under the pilot program to the five States with the highest installed alternative energy power capacity. (c) Application.-- (1) In general.--A State that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--A grant application under the pilot program shall include the following: (A) Evidence of the installed alternative energy power capacity for wind, solar, and geothermal facilities in that State. (B) A description of how the funds will be used to establish and administer a program designed to provide skills training or on-the-job training for a significant number of individuals and ensure lasting and sustainable employment in the renewable energy and energy efficiency industries. (C) A description of the State's option to coordinate with its State and local workforce investment boards and Energy Efficiency Industry Councils in carrying out a program funded by a grant under this Act, including through partnerships of local boards with renewable energy and energy efficiency employers and other appropriate providers of training services. (D) A description of the skills training, on-the- job training, or both that may be offered to individuals by grant recipients, and how this training will lead to an industry-recognized certificate or similar credential. (E) A description of how the State plans to prioritize grants among grant recipients. (F) A description of how the grant may be used to support existing programs focused on renewable energy job creation. (d) Grant Amount.--The Secretary shall ensure that grants are of sufficient size to enable States to carry out all required activities. (e) Duration of Grant.--A grant under this section shall be for a period of 3 years. (f) Use of Funds.--A State receiving a grant under this section shall use the grant funds to-- (1) reimburse a renewable energy and energy efficiency employer for the cost of providing on-the-job training; (2) reimburse any of the following entities for the cost of providing skills training (or on-the-job training if in partnership with an energy efficient employer)-- (A) a labor organization; (B) a postsecondary educational institution; or (C) nonprofit organizations; and (3) conduct outreach to inform renewable energy and energy efficiency employers, labor organizations, postsecondary educational institutions, non-profit organizations, and the general public, including individuals in rural areas and Indian tribes, of their eligibility or potential eligibility for participation in the program. (g) Conditions.--Under the pilot program, a grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (f). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (h) Requirements of Grant Recipients.--In order to receive a grant made by a State under the pilot program, an entity described in subsection (f) shall-- (1) submit an application to the State that includes such other information and assurances as the State may require; and (2) agree to submit to the State, for each quarter, a report containing such information as the Secretary may specify. (i) Limitation on Administrative Costs.-- (1) Federal administration.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (l), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (j). (2) State administration.--The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (j) Report to Congress.--The Secretary shall submit to Congress an annual report on the pilot program for each year of the grant period. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program, and how many participants were employed by renewable energy and energy efficiency employers within 6 months of completing the training. (k) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2017, for the purpose of carrying out the pilot program. (l) Definitions.--For purposes of this section: (1) The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (2) The term ``installed alternative energy power capacity'' means the amount of wind, solar, and geothermal power generation, expressed in megawatts, installed in a State. (3) The term ``labor organization'' has the meaning given such term in section 2 of the National Labor Relations Act. (4) The term ``on-the-job training'' means training by renewable energy and energy efficiency employers, a labor organization, a postsecondary educational institution, or a nonprofit organization that is provided to a paid participant while engaged in productive work that-- (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) provides reimbursement to the employer for the costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (5) The term ``postsecondary educational institution'' has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (6) The term ``renewable energy and energy efficiency employer'' means an entity that employs individuals in a trade or business in the renewable energy and energy efficiency industries. (7) The term ``renewable energy and energy efficiency industries'' means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind, solar, and geothermal energy industries. (C) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (8) The term ``skills training'' means training by a labor organization, a postsecondary educational institution, or a nonprofit organization that provides the knowledge and skills essential to specific jobs in the renewable energy and energy efficiency industries. (9) The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States. (10) The term ``workforce investment board'' refers to a State or local workforce investment board established pursuant to the Workforce Investment Act of 1998 (20 U.S.C. 2801 et seq.) that coordinates job training programs for that State or local area under that Act.
Renewable Energy Jobs Act - Requires the Secretary of Labor to carry out a pilot program to train individuals for careers in the renewable energy and energy efficiency industries and award grants under the program to the five states with the highest installed alternative energy power capacity. Defines "renewable energy and energy efficiency industries" as the following industries: the energy-efficient building, construction, or retrofits industry; the renewable electric power industry, including the wind, solar, and geothermal energy industries; and the energy efficiency assessment industry that serves the residential, commercial, or industrial sectors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Visa Integrity Secures America Act''. SEC. 2. VISA SECURITY. (a) Visa Security Units at High Risk Posts.--Paragraph (1) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Authorization.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Risk-based assignments.-- ``(i) In general.--The Secretary shall assign, in a risk-based manner, and based on the criteria described in clause (ii), employees of the Department to not fewer than 30 diplomatic and consular posts at which visas are issued. ``(ii) Criteria described.--The criteria referred to in clause (i) are the following: ``(I) The number of nationals of a country in which any of the diplomatic and consular posts referred to in clause (i) are located who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. ``(II) The level of cooperation of such country with the counterterrorism efforts of the United States. ``(III) Information analyzing the presence, activity, or movement of terrorist organizations (as such term is defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) within or through such country. ``(IV) The number of derogatory Security Advisory Opinions issued by the Visa Security Advisory Opinion Unit pursuant to paragraph (10) regarding nationals of a country in which any of the diplomatic and consular posts referred to in clause (i) are located. ``(V) The adequacy of the border and immigration control of such country. ``(VI) Any other criteria the Secretary determines appropriate. ``(iii) Rule of construction.--The assignment of employees of the Department pursuant to this subparagraph is solely the authority of the Secretary and may not be altered or rejected by the Secretary of State.''. (b) Counterterror Vetting and Screening.--Paragraph (2) of section 428(e) of the Homeland Security Act of 2002 is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Screen any such applications against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government.''. (c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of the Homeland Security Act of 2002 is amended by-- (1) striking ``The Secretary shall ensure, to the extent possible, that any employees'' and inserting ``The Secretary, acting through the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, shall provide training to any employees''; and (2) striking ``shall be provided the necessary training''. (d) Pre-Adjudicated Visa Security Assistance and Visa Security Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland Security Act of 2002 is amended by adding at the end the following new paragraphs: ``(9) Remote pre-adjudicated visa security assistance.--At the visa-issuing posts at which employees of the Department are not assigned pursuant to paragraph (1), the Secretary shall, to the greatest extent possible, in a risk-based manner, and in consultation, where appropriate, with the Secretary of State, assign employees of the Department to remotely perform the functions required under paragraph (2) for such posts. ``(10) Visa security advisory opinion unit.--The Secretary shall establish within U.S. Immigration and Customs Enforcement a Visa Security Advisory Opinion Unit to respond to requests from the Secretary of State to conduct a visa security review using information maintained by the Department on visa applicants, including terrorism association, criminal history, and other relevant factors, as determined by the Secretary.''. SEC. 3. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new sections: ``SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Commissioner of U.S. Customs and Border Protection shall-- ``(1) screen electronic passports at airports of entry by reading each such passport's embedded chip; and ``(2) to the greatest extent practicable, utilize facial recognition technology or other biometric technology, as determined by the Commissioner, to screen travelers at United States airports of entry. ``(b) Applicability.-- ``(1) Electronic passport screening.--Paragraph (1) of subsection (a) shall apply to passports belonging to individuals who are United States citizens, individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), and individuals who are nationals of any other foreign country that issues electronic passports. ``(2) Facial recognition matching.--Paragraph (2) of subsection (a) shall apply to individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act. ``SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION. ``The Commissioner of U.S. Customs and Border Protection shall, in a risk based manner, continuously screen individuals issued any visa, and individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act, who are present, or will soon be arriving, in the United States, against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 433 the following new items: ``Sec. 434. Electronic passport screening and biometric matching. ``Sec. 435. Continuous screening by U.S. Customs and Border Protection.''. SEC. 4. REPORTING OF VISA OVERSTAYS. Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended-- (1) in subsection (a)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by inserting before the period at the end the following: ``, and any additional information that the Secretary determines necessary for purposes of the report under subsection (b)''; and (2) by amending subsection (b) to read as follows: ``(b) Annual Report.--Not later than June 30, 2017, and not later than June 30 of each year thereafter, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate providing, for the preceding fiscal year, numerical estimates of-- ``(1) for each country, the number of aliens from the country who are described in subsection (a), including-- ``(A) the total number of such aliens within all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and ``(B) the number of such aliens within each of the classes of nonimmigrant aliens, as well as the number of such aliens within each of the subclasses of such classes of nonimmigrant aliens, as applicable; ``(2) for each country, the percentage of the total number of aliens from the country who were present in the United States and were admitted to the United States as nonimmigrants who are described in subsection (a); ``(3) the number of aliens described in subsection (a) who arrived by land at a port of entry into the United States; and ``(4) the number of aliens described in subsection (a) who entered the United States using a border crossing identification card (as such term is defined in section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6))).''. SEC. 5. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information collected under the program established under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is available to officers of U.S. Customs and Border Protection conducting primary inspections of aliens seeking admission to the United States at each port of entry of the United States.
Strong Visa Integrity Secures America Act This bill amends the Homeland Security Act of 2002 to require the Department of State to assign, in a risk-based manner, State Department employees to at least 50 visa-issuing diplomatic and consular posts based upon the following criteria: the number of nationals of a country in which such posts are located who were identified in U.S. terrorist databases, such a country's counterterrorism cooperation with the United States, the adequacy of border and immigration control of such country, terrorist organization activity in such country, and the number of negative security advisory opinions regarding nationals of such country. Such employees shall, in addition to other duties, screen admissions applications against federal criminal, national security, and terrorism databases. The Department of Homeland Security (DHS) shall: establish within U.S. Immigration and Customs Enforcement a visa security advisory opinion unit to respond to State Department requests for visa security reviews; and provide, in a risk-based manner, for remote pre-adjudicated visa security assistance at at least 50 posts that are not assigned such employees. U.S. Customs and Border Protection (CBP) shall, within one year after enactment of this bill: screen electronic passports at U.S. entry airports by reading each passport's embedded chip, and utilize facial recognition or other biometric technology to screen travelers at such airports. Electronic passport screening shall apply to U.S. citizens, nationals of a visa waiver program country, and nationals of any other foreign country that issues electronic passports. Facial recognition or other biometric technology screening shall apply to nationals of a visa waiver program country. The CBP shall, in a risk-based manner, continuously screen individuals issued any visa and individuals who are visa waiver program nationals against criminal, national security, and terrorism databases. The annual visa overstay report is revised. DHS shall: (1) ensure that certain foreign student information is available at each U.S. port of entry to CBP officers who conduct primary inspections of aliens seeking U.S. admission; (2) review the social media accounts of visa applicants who are citizens of, or who reside in, high-risk countries; and (3) review open source information of visa applicants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Former American Hostages in Iran Act of 2013''. SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND. (a) Establishment.--There is established in the Treasury a fund, to be known as the ``American Hostages in Iran Compensation Fund'' (in this section referred to as the ``Fund'') for the purpose of making payments to the Americans held hostage in the United States Embassy in Tehran, Iran, in the Iranian Foreign Ministry in Tehran, Iran, and in other locations throughout the nation of Iran, between November 3, 1979, and January 20, 1981, and to members of their families, who are identified as members of the proposed class in case number 1:08-CV- 00487 (EGS) of the United States District Court for the District of Columbia. (b) Funding.-- (1) Imposition of surcharge.-- (A) In general.--There is imposed a surcharge equal to 30 percent of the amount of-- (i) any fine or monetary penalty assessed, in whole or in part, on a person for a violation of a law or regulation specified in subparagraph (B) related to any conduct which occurs or continues after the date of the enactment of this Act, even if commenced before such date of enactment; or (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) agreed to by the United States after the date of the enactment of this Act. The amount referred to in clause (ii) shall not include any amount of judgment or settlement in any action brought or which could be brought pursuant to section 1605A of title 28, United States Code, or section 1605(a)(7) of title 28, United States Code (as such section 1605(a)(7) was in effect on the day before the date of the enactment of National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181)). (B) Laws and regulations specified.--A law or regulation specified in this subparagraph is any law or regulation that provides for a civil or criminal fine or other monetary penalty for any economic activity relating to Iran that is administered by the Department of the Treasury, the Department of Justice, or the Department of Commerce. (C) Termination of deposits.--The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (c)(2) have been distributed to all recipients described in that subsection. (2) Deposits into fund; availability of amounts.-- (A) Deposits.--All surcharges collected pursuant to paragraph (1)(A) shall be deposited into the Fund. (B) Payment of surcharge.--A person on whom a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Fund without regard to whether the fine, penalty, or settlement to which the surcharge applies-- (i) is paid directly to the Federal agency that administers the relevant law or regulation specified in paragraph (1)(B); or (ii) is deemed satisfied by a payment to another Federal agency. (C) Contributions.--The Secretary of State is authorized to accept such amounts as may be contributed by individuals, business concerns, foreign governments, or other entities for payments under this Act. Such amounts shall be deposited directly into the Fund. (D) Availability of amounts in fund.--Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (c). (c) Distribution of Funds.-- (1) Administration of fund.--Payments from the Fund shall be administered by the Secretary of State, pursuant to such rules and processes as the Secretary, in the Secretary's sole discretion, may establish. (2) Payments.--Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts: (A) To each living former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (B) To the estate of each deceased former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (C) To each spouse or child of a former hostage identified as a member of the proposed class described in subsection (a) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage. (3) Priority.--Payments from the Fund shall be distributed under paragraph (2) in the following order: (A) First, to each living former hostage described in paragraph (2)(A). (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B). (C) Third, to each spouse or child of a former hostage described in paragraph (2)(C). (4) Consent of recipient.--A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient. (d) Waiver.--A recipient of a payment under subsection (c) shall waive and forever release all existing claims against Iran and the United States arising out of the events described in subsection (a). (e) Notification of Claimants; Limitation on Review.-- (1) Notification.--The Secretary of State shall notify, in a reasonable manner, each individual qualified to receive a payment under subsection (c) of the status of the individual's claim for such a payment. (2) Submission of additional information.--If the claim of an individual to receive a payment under subsection (c) is denied, or is approved for payment of less than the full amount of the claim, the individual shall be entitled to submit to the Secretary additional information with respect to the claim. Upon receipt and consideration of that information, the Secretary may affirm, modify, or revise the former action of the Secretary with respect to the claim. (3) Limitation on review.--The actions of the Secretary in identifying qualifying claimants and in disbursing amounts from the Fund shall be final and conclusive on all questions of law and fact and shall not be subject to review by any other official, agency, or establishment of the United States or by any court by mandamus or otherwise. (f) Deposit of Remaining Funds Into the Treasury.-- (1) In general.--Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury. (2) Date specified.--The date specified in this paragraph is the later of-- (A) the date on which all amounts described in subsection (c)(2) have been made to all recipients described in that subsection; or (B) the date that is 5 years after the date of the enactment of this Act. (g) Report to Congress.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (f)(2), the Secretary of State shall submit to the appropriate congressional committees a report on the status of the Fund, including-- (1) the amounts and sources of money deposited into the Fund; (2) the rules and processes established to administer the Fund; and (3) the distribution of payments from the Fund. (h) Satisfaction of Claims.--Payments to the Fund shall be made until the amounts described in subsection (c)(2) are satisfied in full. In the event that the President determines that-- (1) any of the laws and regulations referenced in subsection (b)(1)(B) are reduced in scope or effect, or (2) the amounts described in subsection (c)(2) cannot be fully satisfied within 2 years after the date of the enactment of this Act from funds deposited into the Fund, the President shall propose to Congress a program, either employing existing authorities or through new legislative initiatives, to ensure the amounts are satisfied in full within the next 12 months. (i) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Person.--The term ``person'' includes any individual or entity subject to the civil or criminal jurisdiction of the United States.
Justice for Former American Hostages in Iran Act of 2013 - Establishes in the Treasury the American Hostages in Iran Compensation Fund for the purpose of making payments to: (1) the Americans held hostage in the U.S. embassy in Tehran, Iran, and in other locations in Iran, from November 3, 1979, to January 20, 1981; and (2) certain family members. Imposes a surcharge, to be deposited into the Fund, of 30% on any fine or penalty imposed, or settlement entered into, for a violation of any law or regulation for any economic activity regarding Iran that is administered by specified federal departments. Requires Fund payments of: (1) $150,000 plus $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and (2) $5,000 to each eligible spouse or child of a former hostage for each day of the such hostage's captivity. Requires a payment recipient to waive and forever release all existing claims against Iran and the United States arising out of the hostage events. Directs the Secretary of State to notify each individual qualified to receive a payment of the individual's claim status. States that: (1) if a claim is denied or approved for less than the full amount, the individual shall be entitled to submit additional information; (2) the Secretary may affirm, modify, or revise the former action; and (3) the Secretary's actions in identifying claimants and in disbursing Fund amounts shall be final on all questions of law and fact, and shall not be subject to review by any other U.S. official, agency, or court.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lebanon Reconstruction and Stabilization Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 25, 2006, United States Ambassador to Lebanon Jeffrey Feltman declared a humanitarian emergency in Lebanon due to ongoing insecurity and humanitarian needs. (2) On August 11, 2006, the United Nations Security Council adopted Security Council Resolution 1701, calling for an end to hostilities between Hezbollah and Israel, and stating that ``the situation in Lebanon constitutes a threat to international peace and security''. (3) United Nations Security Council Resolution 1701, ``Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East.''. (4) On August 14, 2006, the United Nations brokered a ceasefire between Hezbollah and Israel. (5) United Nations Security Council Resolution 1701, ``Welcom[es] the efforts of the Lebanese Prime Minister and the commitment of the Government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the Government of Lebanon and no authority other than that of the Government of Lebanon.''. (6) United Nations Security Council Resolution 1701, ``Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon.''. (7) It is estimated that there are approximately 8,500 unexploded ordnance in the region. (8) The Lebanese Government estimates that Lebanon suffered approximately $3.6 billion in damages to physical infrastructure. (9) Lebanon's economy has been severely impacted by the violence, especially in the tourism sector, which compromises 15 percent of its GDP. (10) It is in the national security interests of the United States, Israel and the region to have a functioning Lebanese central government that is able to protect its borders and provide municipal services to all its citizens and a strong economy able to generate jobs and foster economic growth. SEC. 3. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) Assisting failed states emerging from violent conflict is a complex and long-term task, as demonstrated by the experience that 50 percent of such states emerging from conditions of violent conflict slip back into violence within five years. (2) The United States Government recognizes the threat to United States national security posed by failed and failing states by adopting Directive 3000.05 for the Department of Defense that places stabilization and reconstruction operations on par with traditional war fighting and National Security Policy Directive 45 for the Department of State that makes the State Office of Coordinator for Reconstruction and Stabilization, S/CRS, the government-wide coordinating and planning entity for stabilization and reconstruction operations. (3) Therefore, it is in the best interests of the United States Government to assist the Lebanese Government with long- term reconstruction and stabilization to further peace and stability within Lebanon and the greater Middle East region. (4) United States assistance to Lebanon shall be implemented in accordance with section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) that makes building the capacity of local communities and institutional capabilities of the government and people a primary goal and ``should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long- term development''. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR THE RECONSTRUCTION AND STABILIZATION OF LEBANON. (a) Authorization of Assistance.--The President is authorized to provide assistance for the reconstruction and stabilization of Lebanon. Assistance authorized under this subsection shall be planned, coordinated, and implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization, S/CRS, and in strict compliance with all provisions of law that prevent United States assistance from being provided to foreign terrorists organizations. (b) Activities Supported.--Assistance provided under subsection (a) shall be used to carry out the following activities: (1) Rebuild the economic and social infrastructure of Lebanon, including roads, bridges, telecommunication systems, water treatment plants, schools, airports and hospitals. (2) Encourage the World Bank and International Monetary Fund to provide housing and economic assistance in the form of grants and micro-lending plans aimed at providing the Lebanese people with the means to resuscitate small businesses in Lebanon. (3) Establish peace, reconciliation and coexistence programs and conflict resolution programs within Lebanon and between Lebanon and Israel. (4) Encourage civic engagement, democratization, rule of law, and political party strengthening activities. (5) Support efforts to address post-traumatic stress disorders through funding counseling services to civilians. Special efforts should be made to provide funding to Lebanese nongovernmental organizations specializing in such efforts. (6) Improve education systems, with emphasis on improving cross-sectarian educational experiences of Lebanese youth. (7) Increase assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to International Military Education and Training) for Lebanon. (8) Support demining and mine awareness campaigns in Lebanon. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011. (2) Sense of congress.--It is the sense of Congress that at least $15,000,000 for each of the fiscal years 2007 through 2011 should be made available to carry out subsection (b)(4).
Lebanon Reconstruction and Stabilization Act of 2006 - Authorizes the President to provide assistance for Lebanon's reconstruction and stabilization. States that such assistance shall be implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization and in strict compliance with all provisions of law that prevent U.S. assistance from being provided to foreign terrorist organizations. Expresses the sense of Congress that at least $15 million for each of FY2007-FY2011 should be made available to encourage civic engagement, democratization, rule of law, and political party strengthening activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``James Boulet National Language Act of 2014''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal Government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (Public Law 109- 246), is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, 8(a)(2)(A), and 13(a)(1), by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.
James Boulet National Language Act of 2014 - Amends federal law to: (1) make English the official language of the United States, (2) require that official U.S. government functions be conducted in English, and (3) require the U.S. government to preserve and enhance the role of English as the official language of the United States. Declares that, unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the U.S. government or any of its officials or representatives act, communicate, perform or provide services, or materials in any language other than English. Makes exceptions to these requirements the use of a language other than English for: (1) religious purposes, (2) language training for international communication, or (3) school programs designed to encourage students to learn foreign languages. Amends the the Voting Rights Act of 1965 to repeal bilingual voting and related voting qualification requirements. Amends the Immigration and Nationality Act to require that all public naturalization ceremonies in which the oath of allegiance is administered be conducted solely in the English language.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) It is in the interest of the United States that the precarious peace process now underway in Northern Ireland and the Republic of Ireland succeed, both to ensure stability for important allies and friends of the United States and to assure a mutually beneficial flow of trade and commerce. (2) Locally sustainable economic development within Northern Ireland and the border counties of the Republic of Ireland creates the basis for political stability and enhances the likelihood of peace. (3)(A) The granting of reasonable tariff concessions for products and goods originating in Northern Ireland and the border counties of the Republic of Ireland will provide an incentive for such development. (B) Because both the United Kingdom and the Republic of Ireland are members of the European Union (hereafter in this Act referred to as the ``EU''), tariff issues relating to Northern Ireland and the border counties of the Republic of Ireland are subject to the common commercial policy provided for in Article 113 of the Treaty of Rome, and any negotiations concerning them must conform to EU law and Paragraphs 5, 6, 7, and 8 of Article XXIV of the GATT 1994. (C) While there is no precedent in EU practice for the free trade agreement contemplated in this Act, the effect of such an agreement will be to support important on-going efforts by the EU to achieve greater social cohesion in a unique and disadvantaged region, to the long-term benefit of the EU, the United States, and the larger international community. (4) The President should be authorized to negotiate such concessions in accordance with the terms and conditions set forth in the Act. SEC. 2. FREE TRADE AGREEMENT WITH NORTHERN IRELAND. (a) Negotiations.-- (1) In general.--The President may enter into a trade agreement with respect to qualified areas of Northern Ireland and the Republic of Ireland which provides for-- (A) the harmonization, reduction, and elimination of trade barriers; (B) the prohibition of or limitations on the imposition of trade barriers; and (C) the elimination or reduction of any duty imposed by the United States. (2) Agreement limited to qualified areas of northern ireland and the republic of ireland.--Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under paragraph (1) with such other country. (b) Limitations and Staging.-- (1) In general.--No proclamation may be made under subsection (a) that-- (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of enactment of this Act) to a rate of duty which is less than 5 percent of the rate of duty that applies on such a date of enactment; (B) reduces the rate of duty on an article over a period greater than 10 years after the first reduction that is proclaimed to carry out a trade agreement with respect to such article; or (C) increase any rate of duty above the rate that applies on the date of enactment of this Act. (2) Limitation on aggregate reduction.--The aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under subsection (a) shall not exceed the aggregate reduction which would have been in effect on such a day if a reduction of 3 percent ad valorem per year or a reduction of 10 percent per year of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to subsection (a). (3) Exemption from staging.--No staging is required under paragraph (2) with respect to a duty reduction that is proclaimed under subsection (a) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this paragraph. (4) Rounding.--If the President determines that such action will simplify the computation of reductions under paragraph (1) or (2), the President may round an annual reduction by an amount equal to the lesser of-- (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) one-half of 1 percent ad valorem. (5) Other limitations.--A rate of duty reduction or increase that may not be proclaimed by reason of paragraph (1) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for in connection with the agreement authorized by this Act and that bill is enacted into law. SEC. 3. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES. (a) In General.-- (1) Article must be growth, product, or manufacture of qualified area of northern ireland or the republic of ireland.--The reduction or elimination of any duty imposed on any article by the United States provided for in a trade agreement entered into with a qualified area of Northern Ireland or the Republic of Ireland under this Act shall apply only if-- (A) that article is the growth, product, or manufacture of a qualified area of Northern Ireland or the Republic of Ireland or is a new or different article of commerce that has been grown, produced, or manufactured in a qualified area of Northern Ireland or the Republic of Ireland; (B) that article is imported directly from a qualified area of Northern Ireland or the Republic of Ireland into the customs territory of the United States; and (C) the sum of-- (i) the cost of value of the materials produced in a qualified area of Northern Ireland or the Republic of Ireland, plus (ii) the direct costs of processing operations performed in a qualified area of Northern Ireland or the Republic of Ireland, is not less than 35 percent of the appraised value of such article at the time it is entered. If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this subsection applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (C). (2) Other requirements.--No article may be considered to meet the requirements of paragraph (1)(A) by virtue of having merely undergone-- (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (b) Direct Costs.--As used in this section, the term ``direct costs of processing operations''-- (1) includes, but is not limited to-- (A) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-job training, and the cost of engineering, supervisory, quality control, and similar personnel; and (B) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise; and (2) does not include costs which are not directly attributable to the merchandise concerned, or are not costs of manufacturing the product, such as-- (A) profit; and (B) general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses. (c) Regulations.--The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. SEC. 4. ITC REPORTS. Before any reduction or elimination of any duty is proclaimed with respect to any article under this Act, the United States International Trade Commission shall advise the President regarding the probable economic effect of providing duty-free treatment for such article that is a product of a qualified area of Northern Ireland or the Republic of Ireland on industries in the United States producing like or directly competitive articles and on consumers. SEC. 5. CONSULTATION WITH CONGRESS BEFORE AGREEMENT ENTERED INTO. (a) Consultation.--Before entering into any trade agreement under this Act, the President shall consult with-- (1) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (2) each other committee of the House of Representatives and the Senate, and each joint committee of the Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement. (b) Scope.--The consultation described in subsection (a) shall include consultation with respect to-- (1) the nature of the agreement; (2) how the agreement related to the obligations of the parties; and (3) all matters relating to the implementation of the agreement, including whether the agreement includes subject matter for which supplemental implementing legislation may be required. SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. (a) Notification and Submission.--Any agreement entered into under this Act shall enter into force with respect to the United States if (and only if)-- (1) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (2) within 60 days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (3) after entering into the agreement, the President submits a copy of the final text of the agreement, together with-- (A) a draft of an implementing bill, if necessary; (B) a statement of any administrative action proposed to implement the trade agreement; and (C) the supporting information described in paragraph (2); and (4) the implementing bill, if necessary, is enacted into law. (b) Supporting Information.--The supporting information required under subsection (a)(3)(C) consists of-- (1) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (2) a statement setting forth the reasons of the President regarding how the agreement serves the interest of United States commerce. SEC. 7. DEFINITIONS. As used in this Act: (1) Qualifying area.-- (A) In general.--The term ``qualifying area'' means a county that-- (i) is contiguous to Northern Ireland; (ii) suffers from the severest form of economic deprivation, as defined by the United Kingdom's report, Relative Deprivation in Northern Ireland, Occasional Paper Number 28, Policy Planning and Research Unit, September, and the European Union's report, Special Support Programme for Peace and Reconciliation 1995-1999, including-- (I) in Northern Ireland, the counties of Derry, Limavady, Strabane, Magherafelt, Omagh, Cookstown, Dungannon, Fermanagh, Moyle, Newry and Mourne, Armagh, and those parts of Belfast Urban area known as ``Making Belfast Work'' designated areas; and (II) in the Republic of Ireland, the border counties of Donegal, Sligo, Leitrim, Cavan, Monaghan and Louth; (iii) has a rate of unemployment higher than the local or urban average of unemployment in Northern Ireland; and (iv) in the case of county in which there is a history of workplace discrimination, meets the requirements of subparagraph (B). (B) Requirements.--A county meets the requirements of this subparagraph if the employers in that county are in compliance with the principles of economic justice known as the ``MacBride Principles'', which are-- (i) increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs; (ii) providing adequate security for the protection of minority employees at the workplace; (iii) banning provocative sectarian or political emblems from the workplace; (iv) providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups; (v) providing that layoff, recall, and termination procedures do not favor a particular religious group; (vi) abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion; (vii) providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees; (viii) establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement; and (ix) providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in clauses (i) through (viii). (2) GATT 1994.--The term ``GATT 1994'' has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)).
Authorizes the President to enter into a free trade agreement with qualified areas of Northern Ireland and the Republic of Ireland that provides for: (1) harmonization, reduction and elimination of trade barriers; (2) prohibition of or limitations on the imposition of such barriers; and (3) elimination or reduction of duties imposed by the United States. Sets forth criteria for the duty-free treatment of qualified area products. Limits such qualified areas to areas of Northern Ireland and the Republic of Ireland contiguous to Northern Ireland suffering from the severest form of economic deprivation, with a higher than average unemployment. Requires employers to comply with the MacBride Principles of economic justice. Requires the International Trade Commission, before any reduction or elimination of duty is proclaimed with respect to an article, to advise the President of the probable economic effect of duty-free treatment on U.S. industries producing like or directly competitive articles, and on consumers. Requires the President to consult with the Congress, according to a specified procedure, before entering into, or implementing, any free trade agreement under this Act.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) The historic significance of the 52-mile Going-to-the- Sun Road is recognized by its listing on the National Register of Historic Places in 1983, designation as a National Historic Engineering Landmark by the American Society of Civil Engineers in 1985, and designation as a National Historic Landmark in 1997. (2) A contracted engineering study and Federal Highway Administration recommendations in 1997 of the Going-to-the-Sun Road verified significant structural damage to the road that has occurred since it opened in 1932. (3) Infrastructure at most of the developed areas is inadequate for cold-season (fall, winter, and spring) operation, and maintenance backlog needs exist for normal summer operation. (4) The Many Glacier Hotel and Lake McDonald Lodge are on the National Register of Historic Places and are National Historic Landmarks. Other accommodations operated by the concessioner with possessory interest and listed on the National Register of Historic Places are the Rising Sun Motor Inn and Swiftcurrent Motel. (5) The historic hotels in Glacier National Park, operated under concession agreements with the National Park Service, are essential for public use and enjoyment of the Park. (6) Public consumers deserve safe hotels in Glacier National Park that can meet their basic needs and expectations. (7) The historic hotels in Glacier National Park are significantly deteriorated and need substantial repair. (8) Repairs of the hotels in Glacier National Park have been deferred for so long that, absent any changes to Federal law and the availability of historic tax credits, the remodeling costs for the hotels may exceed the capacity of an investor to finance them solely out of hotel revenues. (9) The current season of operation for hotels is approximately 4 months because the developed areas lack water, sewer, and fire protection systems that can operate in freezing conditions, lack building insulation, and lack heating systems. (10) The National Park Service Concessions Management Improvement Act of 1998 is based upon sound principles and is achieving its basic purposes, but there appear to be selected instances where the National Park Service may need additional authority to conduct demonstration projects. (11) A demonstration project is needed for the repair of the historic hotels in Glacier National Park. SEC. 2. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Going-to-the-Sun Road Citizens Advisory Committee. (2) Park.--The term ``Park'' means Glacier National Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GOING-TO-THE-SUN ROAD STUDY. (a) Feasibility Study.--Not later than December 31, 2001, the Secretary, in consultation with Advisory Committee, shall complete a feasibility study for rehabilitation of Going-to-the-Sun Road located in the Park. The study shall include-- (1) alternatives for rehabilitation of Going-to-the-Sun Road and a ranking of the feasibility of each alternative; (2) an estimate of the length of time necessary to complete each alternative; (3) a description of what mitigation efforts would be used to preserve resources and minimize adverse economic effects of each alternative; (4) an analysis of the costs and benefits of each alternative; (5) an estimate of the cost of each alternative; (6) an analysis of the economic impact of each alternative; (7) an analysis of long-term maintenance needs, standards, and schedules for the road, alternatives to accomplish the rehabilitation, maintenance staff needs, and associated cost estimates; (8) a draft of the environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (9) an analysis of improvements to any transportation system relating to the Park that are needed inside or outside the Park. (b) Continuation Maintenance.--Nothing in this section shall affect the duty of the Secretary to continue the program in effect on the day before the date of the enactment of this Act to preserve, maintain, and address safety concerns related to Going-to-the-Sun Road. (c) Implementation of Plan.--As soon as practicable after completing the study required by subsection (a), the Secretary shall-- (1) consider the recommendations of the Advisory Committee; (2) choose an alternative for rehabilitation of the Going- to-the-Sun Road from the alternatives included in the study based upon the final environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (3) begin implementation of a plan based on that choice. Implementation actions that are authorized include rehabilitation of Going-to-the-Sun Road and expenditure of funds inside or outside the Park for transportation system improvements related to the Park and impact mitigation if recommended by the study and the Advisory Committee. The Secretary shall also seek funding for the long-term maintenance needs that the study identifies. (d) Report.--Not later than 30 days after completion of the study required under subsection (a), the Secretary shall submit a copy of the study to-- (1) the Committee on Resources and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate. (e) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Secretary to carry out this section, including-- (1) implementation of the plan under subsection (c); and (2) the cost of any necessary environmental or cultural documentation and monitoring, including the draft environmental impact statement required under subsection (a)(8). SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS. (a) In General.--As soon as practicable after funds are made available under this section, the Secretary shall begin the upgrade and continue the maintenance of utility systems which service the Park and facilities related to the Park. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section, $20,000,000. SEC. 5. VISITOR FACILITIES PLAN. (a) Plan for Visitor Facilities.--Not later than December 31, 2001, the Secretary shall complete a comprehensive plan for visitor facilities in the Park. The comprehensive plan shall include the following: (1) A completed commercial services plan, as called for in the Park General Management Plan. (2) A plan for private financing of rehabilitation of lodging facilities and associated property that are listed on the National Register of Historic Places or are part of a district listed on the National Register of Historic Places, which may include historic tax credits, hotel revenue, and other financing alternatives as deemed appropriate by the Secretary, and which may include options such as extending the Park's visitor season, additional visitor facilities, and other options as deemed appropriate by the Secretary in order to recover the rehabilitation costs. (3) A financial analysis of the plan under paragraph (2). (4) A plan by the Secretary to provide necessary assistance to appropriate interested entities for the restoration or comparable replacement of tour buses for use in the Park. (5) A plan for a new visitors center at the west side of the Park, including an appropriate location and design for the center and suitable housing and display facilities for museum objects of the Park as set forth in the Park General Management Plan, including any studies required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (6) A parkwide natural and cultural resources assessment, in accordance with sections 203 and 204 of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3497), including a comprehensive inventory of resources of the Park. (7) A description of any additional authority requested by the Secretary to implement the comprehensive plan. (b) Submission of Plan.--The Secretary shall submit copies of the comprehensive plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Implementation of Plan.--As soon as practicable after completion of the comprehensive plan, the Secretary shall implement the comprehensive plan, including construct the visitors center pursuant to the plan required by subsection (a)(5). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $1,000,000 to complete the comprehensive plan. Passed the House of Representatives October 17, 2000. Attest: Clerk.
Directs the Secretary to upgrade and continue the maintenance of utility systems which service the Park and its related facilities. Authorizes appropriations. Requires the Secretary to complete a comprehensive plan for visitor facilities in the Park by a specified deadline. Prescribes plan contents, including a plan for private financing of rehabilitation of lodging facilities and associated property listed on the National Register of Historic Places, which may include historic tax credits, hotel revenue, and other financing alternatives. Requires a report on the plan to specified congressional committees. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Nutrient Removal Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) ineffective wastewater treatment is one of the most common sources of water pollution; (2) nutrient pollution, particularly phosphorus loading, continues to be one of the most significant water quality issues facing the Great Lakes System; (3) limiting phosphorus loads is key to controlling excessive algal growth, and a coordinated Great Lakes System- wide strategy to change how nutrients are discharged is urgent; and (4) nutrient removal technology is one of the most reliable, cost effective, and direct methods for reducing the flow of phosphorus and other harmful nutrients from point sources in the Great Lakes System. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Administrator of the Environmental Protection Agency to provide financial assistance to Great Lakes States and municipalities for use in upgrading publically owned wastewater treatment plants in the Great Lakes System with nutrient removal technologies; and (2) to further the goal of restoring the water of the Great Lakes System to conditions that are protective of human health and aquatic life. SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--MISCELLANEOUS ``SEC. 701. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. ``(a) Grant Program.-- ``(1) Establishment.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish a program within the Environmental Protection Agency to provide grants to Great Lakes States, and municipalities thereof, to upgrade eligible facilities with nutrient removal technologies. ``(2) Priority.--In providing a grant under paragraph (1), the Administrator shall-- ``(A) consult with the Program Office; and ``(B) give priority to eligible facilities at which nutrient removal technology upgrades would-- ``(i) produce the greatest nutrient load reductions at points of discharge; ``(ii) result in the greatest environmental benefits to the Great Lakes System; and ``(iii) help meet the objectives related to nutrients outlined in Annex 4 of the 2012 Great Lakes Water Quality Agreement. ``(3) Application.-- ``(A) In general.--On receipt of an application from a State or municipality for a grant under this section, if the Administrator approves the request, the Administrator shall transfer to the State or municipality the amount of assistance determined necessary by the Administrator, in consultation with the Program Office, to carry out the facility upgrades that are the subject of the application. ``(B) Form.--An application submitted by a State or municipality under subparagraph (A) shall be in such form and shall include such information as the Administrator may prescribe. ``(4) Use of funds.--A State or municipality that receives a grant under this section shall use the grant to upgrade eligible facilities with nutrient removal technologies that are designed to reduce total nutrients in discharged wastewater. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of upgrading any eligible facility as described in paragraph (1) using funds provided under this section shall not exceed 55 percent. ``(B) Non-federal share.--The non-Federal share of the costs of upgrading any eligible facility as described in paragraph (1) using funds provided under this section may be provided in the form of funds made available to a State or municipality under-- ``(i) any provision of this Act other than this section (including funds made available from a State water pollution control revolving fund established under title VI); or ``(ii) any other Federal or State law. ``(b) Definitions.--In this section: ``(1) 2012 great lakes water quality agreement.--The term `2012 Great Lakes Water Quality Agreement' means the Great Lakes Water Quality Protocol of 2012, signed at Washington on September 7, 2012 (further amending the Agreement between the United States of America and Canada on Great Lakes Water Quality, 1978, signed at Ottawa on November 22, 1978). ``(2) Eligible facility.--The term `eligible facility' means a municipal wastewater treatment plant that-- ``(A) as of the date of enactment of this section, has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day; and ``(B) is located within the Great Lakes System in any of the Great Lakes States. ``(3) Great lakes states; great lakes system.--The terms `Great Lakes States' and `Great Lakes System' have the meanings given those terms in section 118. ``(4) Program office.--The term `Program Office' means the Great Lakes National Program Office established by section 118(b). ``(c) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2013 through 2017. Such sums shall remain available until expended. ``(2) Administrative costs.--The Administrator may use not to exceed 4 percent of any amount made available under paragraph (1) to pay administrative costs incurred in carrying out this section.''.
Great Lakes Nutrient Removal Assistance Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide grants to Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and municipalities in such states to upgrade eligible municipal wastewater treatment plants with nutrient removal technologies. Requires the Administrator to give priority to plants at which nutrient removal technology upgrades would: (1) produce the greatest nutrient load reductions at points of discharge, (2) result in the greatest environmental benefits to the Great Lakes System, and (3) help meet the objectives related to nutrients outlined in Annex four of the 2012 Great Lakes Water Quality Agreement. Defines as "eligible" a plant that: (1) has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day, and (2) is located within the Great Lakes System in any of such states. Prohibits the federal share from exceeding 55% of the total cost of upgrading such plants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Incentive Fund Act''. SEC. 2. TEACHER INCENTIVE FUND PROGRAM. Part C of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``Subpart 6--Teacher Incentive Fund Program ``SEC. 2371. PURPOSES; DEFINITIONS. ``(a) Purposes.--The purposes of this subpart are-- ``(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, or improve comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and ``(2) to study and review performance-based compensation systems for teachers and principals to evaluate their effectiveness, fairness, quality, consistency, and reliability. ``(b) Definitions.--For purposes of this subpart: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency (including a charter school that is a local educational agency), or a consortium of such agencies; ``(B) a State educational agency, or other State agency designated by the chief executive of the State to participate under this subpart; or ``(C) a partnership of-- ``(i) one or more agencies described in subparagraph (A) or (B), or both; and ``(ii) at least one nonprofit organization. ``(2) High-need local educational agency.--The term `high- need local educational agency' has the meaning given the term in section 2102. ``(3) High-need school.--The term `high-need school' has the meaning given the term in section 2312. ``(4) Performance-based compensation system.--The term `performance-based compensation system' means a system of compensation for teachers and principals that-- ``(A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and ``(B) may include-- ``(i) differentiated levels of compensation on the basis of high-quality teachers' and principals' employment and success in hard-to- staff schools or high-need subject areas; and ``(ii) recognition of the skills and knowledge of teachers and principals as demonstrated through-- ``(I) successful fulfillment of additional responsibilities or job functions; and ``(II) evidence of high achievement and mastery of content knowledge and superior teaching skills. ``SEC. 2372. TEACHER INCENTIVE FUND GRANTS. ``(a) In General.--From the amounts appropriated to carry out this subpart, the Secretary is authorized to make grants on a competitive basis to eligible entities to develop, implement, or improve performance-based compensation systems in participating schools. ``(b) Priority.--In making such a grant, the Secretary shall give priority to an eligible entity that concentrates its proposed activities on teachers and principals serving in high-need schools. ``(c) Applications.--To be eligible to receive a grant under this subpart, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require, that includes-- ``(1) a description of the performance-based compensation system that the applicant proposes to develop and implement or improve; ``(2) a description and demonstration of the support and commitment from teachers and principals in the targeted schools, the community, and local educational agency or agencies for the performance-based compensation system, including demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; ``(3) a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance, including the baseline performance against which evaluations of improved performance will be made; ``(4) a description and demonstration of how teacher and principal views were included in the development of the performance-based compensation system; ``(5) a description of the local educational agency or local educational agencies to be served by the project, including such demographic information about students in the schools to be served by the project as the Secretary may request; ``(6) information on student academic achievement, the quality of the teachers and principals, and existing compensation, bonuses, and incentive systems for teachers and principals in the schools to be served by the project; ``(7) a description of how the applicant will use grant funds under this subpart in each year of the grant; ``(8) a description of the comprehensive, focused professional development that is aligned with student content and achievement standards that the applicant will implement to support the performance-based compensation system; ``(9) an explanation of how the grantee will continue its performance-based compensation system after the grant ends; ``(10) a description, if applicable, of how the applicant will define the term `high-quality' for the purposes of section 2371(b)(4)(B)(i), through the use of measurable indicators; ``(11) a description of the State, local, or philanthropic funds that will be used to supplement the grant and sustain the activities at the end of the grant period; and ``(12) A description of how the applicant will evaluate the project annually, including any objective measures that are clearly related to the goals for the project and information on how the evaluation will produce quantitative and qualitative data. ``(d) Use of Funds.-- ``(1) In general.--A grantee shall use grant funds provided under this subpart only to develop, implement, or improve, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with the requirements of this subpart. ``(2) Authorized activities.--Authorized activities under this subpart may include the following: ``(A) Developing appraisal systems that reflect clear and fair measures of student academic achievement. ``(B) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. ``(C) Conducting outreach within the local educational agency (or agencies) or the State to gain input on how to construct the appraisal system and to develop support for it. ``(D) Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries to teachers and principals who raise student academic achievement, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant. ``(E) Paying, as part of a comprehensive performance-based compensation system, additional bonuses to teachers who both raise student academic achievement and either teach in high-need schools or teach subjects that are difficult to staff, or both, so long as the grantee uses an increasing share of non- Federal funds to pay these monetary rewards each year of the grant. ``(F) Paying, as part of a comprehensive performance-based compensation system, additional bonuses to principals who both raise student academic achievement and serve in high-need schools, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant. ``(e) Duration of Grants.-- ``(1) In general.--The Secretary may make grants under this section for periods of up to 5 years. ``(2) Limitation.--An agency described in subparagraph (A) of section 2371(b)(1) may receive (whether individually or as part of a consortium or partnership) a grant under this subpart only once. Such an agency may continue to receive that grant for the period of that grant, but shall not receive (whether individually or as part of a consortium or partnership) any other grant under this subpart. ``(f) Equitable Distribution.--To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section. ``(g) Matching Requirement.-- ``(1) Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount (which may be provided in cash or in kind) to carry out the activities supported by the grant equal to-- ``(A) for the first year of the grant, 25 percent of the amount received for that year under the grant; ``(B) for the second year, 30 percent; ``(C) for the third year, 35 percent; ``(D) for the fourth year, 40 percent; and ``(E) for the fifth year, 50 percent. ``(2) The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in section 2371(b)(1)(A) if that eligible entity is a high-need local educational agency, a consortium of high-need local educational agencies, or a charter school that is a high-need local educational agency and the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the activities described in subsection (d). ``(h) Supplement, Not Supplant.--Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds. ``SEC. 2373. REPORT AND EVALUATION. ``(a) Report.--The Secretary shall provide an annual report on the implementation of the program to the Congress. ``(b) Evaluation.-- ``(1) In general.--The Secretary shall, through grant or contract, carry out an independent evaluation of the program under this subpart. ``(2) Content.--The evaluation shall measure-- ``(A) the effectiveness of the program in improving student academic achievement; ``(B) the satisfaction of the participating teachers or principals; and ``(C) the extent to which the program assisted the eligible entities in recruiting and retaining high- quality teachers and principals, especially in hard-to- staff subject areas. ``SEC. 2374. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2008 and each of the succeeding 5 fiscal years. ``(b) Reservation.--The Secretary may reserve not more than 3 percent of the funds appropriated to carry out this subpart for any one fiscal year for the cost of the evaluation under section 2373(b) and for technical assistance and program outreach.''.
Teacher Incentive Fund Act - Amends the Elementary and Secondary Education Act of 1965 to create a Teacher Incentive Fund program of competitive grants to assist states, local educational agencies (LEAs), and nonprofit organizations to develop and implement, or improve, appraisal and performance-based compensation systems to reward teachers and principals who raise student academic achievement and close the achievement gap, especially in the highest-need LEAs. Increases required non-federal contributions to the program, on a graduated basis, from an amount equal 25% of the grant amount received in the first year to 50% of the grant amount received in the grant's fifth and final year. Allows the Secretary of Education to waive such matching requirement for high-need LEAs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Survey Act of 2014''. SEC. 2. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER THE EDUCATIONAL ASSISTANCE PROGRAMS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Survey Required.--By not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a non-government entity for the conduct of a survey of a statistically valid sample of individuals who have used or are using their entitlement to educational assistance under chapters 30, 32, 33, and 35 of title 38, United States Code, to pursue a program of education or training. The contract shall provide that-- (1) not later than one month before the collection of data under the survey begins, the survey shall be submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives; (2) the non-government entity shall complete the survey and submit to the Secretary the results of the survey by not later than 180 days after entering into the contract; and (3) the survey shall be conducted by electronic means and by any other means the non-government entity determines appropriate. (b) Information To Be Collected.--The contract under subsection (a) shall provide that the survey shall be designed to collect the following types of information about each individual surveyed, where applicable: (1) Demographic information, including the highest level of education completed by the individual, the military occupational specialty or specialties of the individual while serving on active duty as a member of the Armed Forces or as a member of the National Guard or of a Reserve Component of the Armed Forces, and whether the individual has a service- connected disability. (2) The opinion of the individual regarding participation in the transition assistance program under section 1144 of title 10, United States Code, and the effectiveness of the program, including instruction on the use of the benefits under laws administered by the Secretary of Veterans Affairs. (3) The resources the individual used to help the individual-- (A) decide to use the individual's entitlement to educational assistance to enroll in a program of education or training; and (B) choose the program of education or training the individual pursued. (4) The individual's goal when the individual enrolled in the program of education or training. (5) The nature of the individual's experience with the education benefits processing system of the Department of Veterans Affairs. (6) The nature of the individual's experience with the school certifying official of the educational institution where the individual pursued the program of education or training who processed the individual's claim. (7) Any services or benefits the educational institution or program of education or training provided to veterans while the individual pursued the program of education or training. (8) The type of educational institution at which the individual pursued the program of education or training. (9) Whether the individual completed the program of education or training or the number of credit hours completed by the individual as of the time of the survey, and, if applicable, any degree or certificate obtained by the individual for completing the program. (10) The employment status of the individual and whether such employment status differs from the employment status of the individual prior to enrolling in the program of education or training. (11) Whether the individual is or was enrolled in a program of education on a full-time or part-time basis. (12) The opinion of the individual on the effectiveness of the educational assistance program of the Department of Veterans Affairs under which the individual was entitled to educational assistance. (13) Whether the individual was ever entitled to a rehabilitation under chapter 31 of title 38, United States Code, and whether the individual participated in such a program. (14) Such other matters as the Secretary determines appropriate. (c) Report.--Not later than 90 days after receiving the results of the survey required under this section, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the survey and any recommendations of the Secretary relating to such results. Such report shall also include an unedited version of the results of the survey submitted by the non-government entity that conducted the study.
Veterans Education Survey Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to enter into a contract with a non-government entity to conduct a survey of a statistically valid sample of individuals who have used or are using their entitlement to veterans educational assistance to pursue a program of education or training. Requires: (1) the survey to be submitted to the Senate and House Veterans' Affairs Committees not later than one month before the collection of data begins, and (2) the entity to conduct the survey electronically or by other appropriate means and to complete the survey and submit the results to the Secretary not later than 180 days after entering into the contract. Requires the survey to be designed to collect specified types of information about each individual surveyed, including: (1) demographic information, including the highest level of education completed, military occupational specialties while serving in the Armed Forces, National Guard, or Reserves, and whether the individual has a service-connected disability; (2) the individual's opinion regarding participation in the transition assistance program and the effectiveness of the program; (3) the nature of the individual's experience with the VA's education benefits processing system; and (4) the individual's employment status and whether such status differs from the individual's status prior to enrolling in the program of education or training. Directs the Secretary to report to the Committees on the results of the survey, including an unedited version of the results submitted, and any recommendations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares the following: (1) The Arctic Ocean and adjacent seas are becoming increasingly accessible to shipping, due to thinning ice cover, technological improvements allowing greater efficiencies in the operation of ice-breakers and ice-strengthened cargo and passenger vessels, satellite support for navigation and real- time ice-charting, and growing demand for Arctic tourism and natural resources. (2) It is in the interests of the United States to work with the State of Alaska and our neighbors in the Arctic Region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (3) It is further in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, and that United States sovereign and security interests, including the rights of United States vessels to innocent passage through international straits, are respected and protected, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (4) It is further in the interests of the United States to see that a system of international cooperation is established to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel-to-shore communication, hydrographic mapping, and search and rescue capability. (5) For nearly 500 years, mariners and sea-faring nations have sought national and global benefits from sea routes in the Arctic similar to those provided now by the Panama and Suez canals, but as those benefits may finally be realized, expanded shipping will present risks to residents of the Arctic, and coordinated shipping regulations are needed to protect United States interests even from shipping that may occur in the Arctic region outside United States territorial waters. (6) Proven models for international cooperation in management of regional waterways exist, including United States joint administration of the St. Lawrence Seaway with Canada, and existing cooperation between the Coast Guard and its Russian Federation counterpart for fisheries enforcement in the Bering Sea and North Pacific regions. (7) The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of icebreaker platforms of the Coast Guard. The Polar Class icebreakers commissioned in the 1970s are in need of replacement. (8) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf. (9) Building new icebreakers, mustering international plans for aids to navigation and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation, including the approval of the International Maritime Organization, requires long lead times. Beginning those efforts now, with the completion of an Arctic Marine Shipping Assessment by the eight-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. (b) Purpose.--The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. SEC. 3. INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS. To carry out the purpose of this Act, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic-- (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. SEC. 4. COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION SYSTEM. The Committee on the Maritime Transportation System established under a directive of the President in the Ocean Action Plan, issued December 17, 2004, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of the Act. SEC. 5. AGREEMENTS AND CONTRACTS. The Secretary of the department in which the Coast Guard is operating may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to individuals and governments to carry out the purpose of this Act or any agreements established under section 3. SEC. 6. ICEBREAKING. The Secretary of the department in which the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where needed to assure the reasonable demands of commerce. SEC. 7. DEMONSTRATION PROJECTS. The Secretary of Transportation may enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Secretary of the department in which the Coast Guard is operating-- (A) $750,000,000 for each of fiscal years 2011 and 2012 for the construction of two polar capable icebreakers; (B) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; and (C) $10,000,000 for each of fiscal years 2012 through 2015 to carry out agreements established under section 5; and (2) to the Secretary of Transportation $5,000,000 for each of fiscal years 2011 through 2015 to conduct demonstration projects under section 7. SEC. 9. ARCTIC DEFINITION. In this Act the term ``Arctic'' has the same meaning as in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
Arctic Marine Shipping Assessment Implementation Act of 2009 - Directs the Secretary of the department in which the Coast Guard is operating to work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act. Authorizes the Secretary, subject to the availability of appropriations, to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements. Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking when necessary. Authorizes the Secretary to enter into such agreements or contracts with, or make such grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Humane Care for Primates Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nonhuman primates, such as chimpanzees, gorillas, orangutans, macaques, and numerous other species, often face abusive and cruel captive conditions in other countries. (2) There is growing evidence that, absent a suitable humane alternative, these primates will remain or be placed in other cruel captive conditions and face inhumane deaths in areas outside the United States. (3) Regulations of the Centers for Disease Control and Prevention allow importation of nonhuman primates only for scientific, educational, or exhibition purposes and not for humane lifetime shelter and care in appropriate primate sanctuaries. (4) Many of these animals could be obtained by certified primate sanctuaries in the United States and provided with shelter and care for the remainder of their natural lives in a species-appropriate, humane environment if allowed by law to be imported for such purpose. SEC. 3. DEFINITIONS. In this Act: (1) The term ``certified primate sanctuary'' means a primate sanctuary that has been certified by the Secretary pursuant to section 4. (2) The term ``nonhuman primates'' means the species included in the biological order Primates, except Homo sapiens. (3) The term ``primate sanctuary'' means a facility that-- (A) rescues and provides lifetime shelter and care for animals that have been abused, injured, or abandoned, or are otherwise in need; (B) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (C) does not commercially trade in any animals, including animal parts, animal byproducts, and animal offspring; (D) does not intentionally breed or propagate nonhuman primates; (E) does not allow direct contact between the public and nonhuman primates; (F) does not allow unescorted public visitation at the facility, except for discrete, nonintrusive observation by individuals approved by the sanctuary; (G) does not allow animals to be removed from the facility, or from the animals' enclosures, for exhibition or education; and (H) does not conduct research on animals, except where the facility determines that-- (i) the health and welfare of the animal involved is best served by participating in a treatment study; and (ii) the facility reasonably believes that the outcome of the study will provide a tangible benefit to the animal involved. (4) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. IMPORTATION OF NONHUMAN PRIMATES. (a) In General.--Not later than 12 months after the date of enactment of this Act, the Secretary, consistent with section 361 of the Public Health Service Act (42 U.S.C. 264; relating to control of communicable diseases), shall promulgate a final rule revising section 71.53(c) of title 42, Code of Federal Regulations, to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. (b) Certification Process.-- (1) Establishment.--The rule required by subsection (a) shall establish a process under which the Secretary certifies facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates, as described in subsection (a). (2) Criteria.--The Secretary shall require, as a condition of such certification, that a facility-- (A) is a primate sanctuary, as defined in section 3; and (B) satisfies any other criteria that-- (i) are determined to be appropriate by the Secretary; and (ii) are consistent with the criteria specified in the definition of a primate sanctuary in section 3. (3) Applications.--To seek certification under this Act, a primate sanctuary shall submit an application in such form, in such manner, and containing such information as the Secretary may require. Any information in an application for certification under this Act shall be protected from disclosure as provided in section 552(b)(4) of title 5, United States Code.
Humane Care for Primates Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to promulgate a final rule revising federal regulations regarding the importation of nonhuman primates (i.e. chimpanzees, gorillas, orangutans, macaques, and numerous other species) to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. Requires such rule to establish a process for the certification of facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates.
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