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SECTION 1. FINDINGS. Congress finds the following: (1) Radio Free Asia (referred to in this Act as ``RFA'')-- (A) was authorized under section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208); (B) was incorporated as a private, non-profit corporation in March 1996 in the hope that its operations would soon be obviated by the global advancement of democracy; and (C) is headquartered in Washington, DC, with additional offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, and Taipei. (2) RFA broadcasts serve as substitutes for indigenous free media in regions lacking free media outlets. (3) The mission of RFA is ``to provide accurate and timely news and information to Asian countries whose governments prohibit access to a free press'' in order to enable informed decisionmaking by the people within Asia. (4) RFA provides daily broadcasts of news, commentary, analysis, and cultural programming to Asian countries in several languages, including-- (A) 12 hours per day in Mandarin; (B) 8 hours per day in 3 Tibetan dialects, Uke, Kham, and Amdo; (C) 4 hours per day in Korean and Burmese; (D) 2 hours per day in Cantonese, Vietnamese, Laotian, Khmer (Cambodian), and Uyghur; and (E) 1\1/2\ hours per week in Wu (local Shanghai dialect). (5) The governments of the countries targeted for these broadcasts have consistently denied and blocked attempts at Medium Wave and FM transmissions into their countries, forcing RFA to rely on Shortwave broadcasts and the Internet. (6) RFA has provided continuous online news to its Asian audiences since 2004, although some countries-- (A) routinely and aggressively block RFA's website; (B) monitor access to RFA's website; and (C) discourage online users by making it illegal to access RFA's website. (7) Despite these attempts, RFA has successfully managed to reach its online audiences through proxies, cutting-edge software, and active republication and repostings by its audience. (8) RFA also provides forums for local opinions and experiences through message boards, podcasts, web logs (blogs), cell phone- distributed newscasts, and new media, including Facebook, Flickr, Twitter, and YouTube. (9) Freedom House has documented that freedom of the press is in decline in nearly every region of the world, particularly in Asia, where none of the countries served by RFA have increased their freedom of the press during the past 5 years. (10) In fiscal year 2010, RFA is operating on a $37,000,000 budget, less than $400,000 of which is available to fund Internet censorship circumvention. (11) Congress currently provides grant funding for RFA's operations on a fiscal year basis. SEC. 2. SENSE OF THE SENATE. It is the sense of the Senate that-- (1) public access to timely, uncensored, and accurate information is imperative for promoting government accountability and the protection of human rights; (2) Radio Free Asia provides a vital voice to people in Asia; (3) some of the governments in Asia spend millions of dollars each year to jam RFA's shortwave, block its Internet sites; (4) Congress should provide additional funding to RFA and the other entities overseen by the Broadcasting Board of Governors for-- (A) Internet censorship circumvention; and (B) enhancement of their cyber security efforts; and (5) permanently authorizing funding for Radio Free Asia would-- (A) reflect the concern that media censorship and press restrictions in the countries served by RFA have increased since RFA was established; and (B) send a powerful signal of our Nation's support for free press in Asia and throughout the world. SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA. Section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended-- (1) in subsection (c)(2), by striking ``, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010''; (2) by striking subsection (f); (3) by redesignating subsections (g) and (h) as subsection (f) and (g), respectively; and (4) in subsection (f), as redesignated-- (A) by striking ``The Board'' and inserting the following: ``(1) Notification.--The Board''; (B) by striking ``before entering'' and inserting the following: ``before-- ``(A) entering''; (C) by striking ``Radio Free Asia.'' and inserting the following: ``Radio Free Asia; or ``(B) entering into any agreements in regard to the utilization of Radio Free Asia transmitters, equipment, or other resources that will significantly reduce the broadcasting activities of Radio Free Asia.''; (D) by striking ``The Chairman'' and inserting the following: ``(2) Consultation.--The Chairman''; and (E) by inserting ``or Radio Free Asia broadcasting activities'' before the period at the end. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was reported to the Senate on June 22, 2010. The summary of that version is repeated here.) Expresses the sense of the Senate that: (1) public access to accurate information is imperative for promoting government accountability and the protection of human rights; (2) Radio Free Asia (RFA) provides a vital voice to people in Asia; (3) some of the governments in Asia spend millions of dollars each year to jam RFA; and (4) Congress should provide additional and permanent funding for RFA. Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate RFA.
{"src": "billsum_train", "title": "A bill to permanently authorize Radio Free Asia, and for other purposes."}
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SECTION 1. EXPENSING FOR CERTAIN PROPERTY PLACED IN SERVICE DURING 2008 AND 2009. (a) In General.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Allowance for Certain Qualified Property Placed in Service During 2008 and 2009.-- ``(1) In general.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 100 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified property.--For purposes of this subsection, the term `qualified property' means property-- ``(A) which is 3-year property, 5-year property, or 7-year property, ``(B) the original use of which commences with the taxpayer on or after the starting date, ``(C) which is-- ``(i) acquired by the taxpayer on or after the starting date and before the ending date, but only if no written binding contract for the acquisition was in effect before the starting date, or ``(ii) acquired by the taxpayer pursuant to a written binding contract which was entered into on or after the starting date and before the ending date, and ``(D) which is placed in service by the taxpayer before the ending date. ``(3) Exceptions.-- ``(A) Alternative depreciation property.--This subsection shall not apply to any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(B) Election out.--If a taxpayer makes an election under this subparagraph with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(4) Special rules.-- ``(A) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of paragraph (2)(C) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after the starting date and before the ending date. ``(B) Sale-leasebacks.--For purposes of subparagraph (C) and paragraph (2)(B), if property is-- ``(i) originally placed in service on or after the starting date by a person, and ``(ii) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(C) Syndication.--For purposes of paragraph (2)(B), if-- ``(i) property is originally placed in service on or after the starting date by the lessor of such property, ``(ii) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(iii) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Limitations related to users and related parties.--This subsection shall not apply to any property if-- ``(i) the user of such property (as of the date on which such property is originally placed in service) or a person which is related (within the meaning of section 267(b) or 707(b)) to such user or to the taxpayer had a written binding contract in effect for the acquisition of such property at any time before the starting date, or ``(ii) in the case of property manufactured, constructed, or produced for such user's or person's own use, the manufacture, construction, or production of such property began at any time before the starting date. ``(5) Coordination with section 280f.--For purposes of section 280F-- ``(A) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $7,650. ``(B) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(6) Deduction allowed in computing minimum tax.--For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified property shall be determined under this section without regard to any adjustment under section 56. ``(7) Starting date; ending date.--For purposes of this paragraph-- ``(A) Starting date.--The term `starting date' means January 1, 2008. ``(B) Ending date.--The term `ending date' means January 1, 2010.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2007.
Amends the Internal Revenue Code to allow a current year tax deduction of the cost of business equipment placed in service in 2008 and 2009 for which cost recovery periods of three, five, or seven years are currently allowed.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code to provide expensing for certain property placed in service during 2008 and 2009."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a procurement contract within the meaning of section 6303 of title 31, United States Code. (2) Cooperative agreement.--The term ``cooperative agreement'' means a cooperative agreement within the meaning of section 6305 of title 31, United States Code. (3) Director.--The term ``Director'' means the Director of the National Science Foundation. (4) Grant.--The term ``grant'' means a grant awarded under a grant agreement, within the meaning of section 6304 of title 31, United States Code. (5) Industrial enterprise.--The term ``industrial enterprise'' means a private, nongovernmental enterprise that has an expertise or capability that relates to methane hydrate research and development. (6) Institution of higher education.--The term ``institution of higher education'' means an institution of higher education, within the meaning of section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy. (8) Secretary of commerce.--The term ``Secretary of Commerce'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (9) Secretary of defense.--The term ``Secretary of Defense'' means the Secretary of Defense, acting through the Secretary of the Navy. (10) Secretary of the interior.--The term ``Secretary of the Interior'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey and the Director of the Minerals Management Service. SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.-- (1) Commencement of program.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development in accordance with this section. (2) Designations.--The Secretary, the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director shall designate individuals to carry out this section. (3) Coordination.--The individual designated by the Secretary shall coordinate all activities within the Department of Energy relating to methane hydrate research and development. (4) Meetings.--The individuals designated under paragraph (2) shall meet not later than 270 days after the date of the enactment of this Act and not less frequently than every 120 days thereafter to-- (A) review the progress of the program under paragraph (1); and (B) make recommendations on future activities to occur subsequent to the meeting. (b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.-- (1) Assistance and coordination.--In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants or contracts to, or enter into cooperative agreements with, institutions of higher education and industrial enterprises to-- (A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a source of energy; (B) assist in developing technologies required for efficient and environmentally sound development of methane hydrate resources; (C) undertake research programs to provide safe means of transport and storage of methane produced from methane hydrates; (D) promote education and training in methane hydrate resource research and resource development; (E) conduct basic and applied research to assess and mitigate the environmental impacts of hydrate degassing (including both natural degassing and degassing associated with commercial development); (F) develop technologies to reduce the risks of drilling through methane hydrates; and (G) conduct exploratory drilling in support of the activities authorized by this paragraph. (2) Competitive merit-based review.--Funds made available under paragraph (1) shall be made available based on a competitive merit- based process. (c) Consultation.--The Secretary shall establish an advisory panel consisting of experts from industrial enterprises, institutions of higher education, and Federal agencies to-- (1) advise the Secretary on potential applications of methane hydrate; (2) assist in developing recommendations and priorities for the methane hydrate research and development program carried out under subsection (a)(1); and (3) not later than 2 years after the date of the enactment of this Act, and at such later dates as the panel considers advisable, submit to Congress a report on the anticipated impact on global climate change from-- (A) methane hydrate formation; (B) methane hydrate degassing (including natural degassing and degassing associated with commercial development); and (C) the consumption of natural gas produced from methane hydrates. Not more than 25 percent of the individuals serving on the advisory panel shall be Federal employees. (d) Limitations.-- (1) Administrative expenses.--Not more than 5 percent of the amount made available to carry out this section for a fiscal year may be used by the Secretary for expenses associated with the administration of the program carried out under subsection (a)(1). (2) Construction costs.--None of the funds made available to carry out this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). (e) Responsibilities of the Secretary.--In carrying out subsection (b)(1), the Secretary shall-- (1) facilitate and develop partnerships among government, industrial enterprises, and institutions of higher education to research, identify, assess, and explore methane hydrate resources; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated as needed and appropriate; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments under this section. SEC. 4. AMENDMENTS TO THE MINING AND MINERALS POLICY ACT OF 1970. Section 201 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 1901) is amended-- (1) in paragraph (6)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) by redesignating subparagraph (G) as subparagraph (H); and (C) by inserting after subparagraph (F) the following: ``(G) for purposes of this section and sections 202 through 205 only, methane hydrate; and''; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: ``(7) The term `methane hydrate' means-- ``(A) a methane clathrate that is in the form of a methane- water ice-like crystalline material and is stable and occurs naturally in deep-ocean and permafrost areas; and ``(B) other natural gas hydrates found in association with deep-ocean and permafrost deposits of methane hydrate.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act-- (1) $5,000,000 for fiscal year 2001; (2) $7,500,000 for fiscal year 2002; (3) $11,000,000 for fiscal year 2003; (4) $12,000,000 for fiscal year 2004; and (5) $12,000,000 for fiscal year 2005. Amounts authorized under this section shall remain available until expended. SEC. 6. SUNSET. Section 3 of this Act shall cease to be effective after the end of fiscal year 2005. SEC. 7. NATIONAL RESEARCH COUNCIL STUDY. The Secretary shall enter into an agreement with the National Research Council for such council to conduct a study of the progress made under the methane hydrate research and development program implemented pursuant to this Act, and to make recommendations for future methane hydrate research and development needs. The Secretary shall transmit to the Congress, not later than September 30, 2004, a report containing the findings and recommendations of the National Research Council under this section. SEC. 8. REPORTS AND STUDIES. The Secretary of Energy shall provide to the Committee on Science of the House of Representatives copies of any report or study that the Department of Energy prepares at the direction of any committee of the Congress. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Directs the Secretary to establish a panel to: (1) provide advice on applications of methane hydrate and priorities for the program; and (2) report to Congress on the impact on global climate change from methane hydrate formation and degassing and the consumption of natural gas produced from such hydrates. Limits to five percent the amount of program funding that can be used for administrative expense and prohibits the use of program funding for building construction. Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and institutions of higher education; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments. Amends the Mining and Minerals Policy Act of 1970 to: (1) redefine "marine mineral resource" to include methane hydrate (for the purposes of the marine mineral resources research program); and (2) define "methane hydrate." Authorizes appropriations for FY 2002 through 2005. Sunsets the methane hydrate research and development program after the end of FY 2005. Instructs the Secretary to: (1) enter into an agreement with the National Research Council for a study and report to Congress on the progress made under the methane hydrate research and development program, together with any recommendations for future methane hydrate research and development needs; and (2) provide to the House Committee on Science any report or study prepared at the direction of any congressional committee.
{"src": "billsum_train", "title": "Methane Hydrate Research and Development Act of 2000"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Corps Youth Sentencing Alternative for Vocational Education and Training Act'' or the ``YOUTHSAVE Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Over 1,000,000 offenders are incarcerated in the Nation's prisons and jails, and Federal and State correctional systems face severe prison overcrowding. (2) The annual costs of incarceration range as high as $36,000 per inmate and represent one of the fastest growing expenses facing States. (3) Most juvenile offenders, regardless of the seriousness of their crimes, are released at the age of 21, and are poorly educated, unskilled, and unprepared to enter the workforce. (4) Research on crime prevention shows that early intervention directed at first-time offenders is essential to helping them avoid a lifetime of crime. (5) Studies have shown that inmates who receive job training in prison are 3 times less likely to return to jail after being released than their counterparts who do not receive job training. (6) The current system of juvenile incarceration usually serves to warehouse offenders without providing effective counseling, education, and job training necessary to reorient youth inmates away from crime. (7) Successful efforts to educate and train convicted youths could result in substantial cost savings in terms of reduced crime, incarceration, public assistance, and in higher payroll tax revenues. (8) The Job Corps program, authorized under part B of title IV of the Job Training Partnership Act (29 U.S.C. 1691 et seq.), is the Nation's only residential education and vocational training program targeted to serve low-income youth who face multiple barriers to becoming economically self- sufficient. (9) The Job Corps program has a documented record of success during its 29 years of operation, including a 75 percent placement rate of successfully helping graduates obtain permanent employment, return to school, or enter the armed services, and such program returns $1.46 on every $1.00 invested in the program. (10) Eligibility requirements of the Job Corps program limit the participation of youths with certain behavioral problems and youths who are being adjudicated or have been convicted of crimes. (11) Under section 433(a)(3) of the Job Training Partnership Act (29 U.S.C. 1703(a)(3)), the Secretary of Labor is authorized to undertake one or more pilot projects designed to involve youths who have a history of behavioral problems in order to provide these youths with the education, job training, and counseling services that have proved so successful among regular Job Corps participants. (b) Purposes.--The purposes of this Act are-- (1) to establish separate Job Corps Youthsave centers for youths who have been convicted of nonviolent criminal offenses which shall be an alternative sentencing option for such youths; (2) to provide youth offenders at such centers with intensive counseling, education, and job training in order to help them become self-sufficient members of society; and (3) to provide a disciplined environment at such centers in which youth offenders can receive maximum benefit from regular Job Corps services and other services geared specifically to the needs of such offenders. SEC. 3. ESTABLISHMENT OF JOB CORPS YOUTHSAVE PROGRAM. (a) In General.--Part B of title IV of the Job Training Partnership Act (29 U.S.C. 1691 et seq.) is amended by inserting after section 433A the following new section: ``SEC. 433B. JOB CORPS YOUTHSAVE PROGRAM. ``(a) Authorization.--The Secretary is authorized to make agreements in accordance with section 427 with entities described in such section for the purpose of establishing and operating up to 10 Job Corps Youthsave centers to provide comprehensive education and training services to eligible youths described in subsection (b). Such Youthsave centers shall be established and operated separately from the Job Corps centers established and operated pursuant to section 427. ``(b) Eligible Youths.--A youth shall be eligible to become an enrollee in the Job Corps at a center established and operated under subsection (a) only if-- ``(1) the youth meets the eligibility requirements described in section 423 (except the requirements described in paragraph (4) of such section); and ``(2) the youth has been convicted of a non-violent criminal offense under Federal or State law and the sentence of such offense is active at the time of enrollment. ``(c) Screening and Selection.-- ``(1) In general.--(A) The Secretary, in consultation with the individuals and entities described in subparagraph (B), shall develop regulations for the screening and selection of applicants for the Job Corps at centers established and operated under subsection (a). ``(B) The individuals and entities described in this subparagraph include the Attorney General, State attorneys general, and appropriate individuals and entities such as community action agencies, community-based organizations, public employment agencies, individuals and entities administering programs under title II, professional organizations, labor organizations, and agencies and individuals having contact with youths over a substantial period of time and able to offer reliable information as to the needs and problems of such youths. ``(2) Interviewing requirements.--The Secretary shall ensure that the regulations described in paragraph (1) provide for the interviewing of each applicant for the purpose of-- ``(A) ensuring that the applicant understands that enrollment in the Job Corps at a center established and operated under subsection (a) is 1 sentencing option available to such applicant; ``(B) ensuring that the applicant chooses such option freely and for the purpose of receiving education and job training services; ``(C) ensuring that the applicant understands the Job Corps program and what will be expected of the applicant in the event of acceptance; ``(D) obtaining from the applicant pertinent data relating to background and needs of such applicant; and ``(E) determining whether the applicant's educational and vocational needs can be met through the Job Corps at a center established and operated under subsection (a). ``(3) Special limitation.--The requirements described in section 425(a) shall apply with respect to the screening and selection of applicants for the Job Corps at centers established and operated under subsection (a). ``(4) Dissemination.--The Secretary shall disseminate the regulations developed under paragraph (1) to appropriate individuals and organizations, including Federal and State courts, probation officers, parole officers, appropriate social service entities providing services to juvenile offenders, and other law enforcement authorities and personnel. ``(d) Education and Training Services.--The Secretary may not enter into an agreement with an entity described in section 427 for the purpose of establishing and operating a center under subsection (a) unless the entity agrees that it will provide enrollees with a comprehensive program of education, vocational training, work experience, planned vocational activities, physical rehabilitation and development, and counseling. ``(e) Project Agreement.--Each center established and operated under subsection (a) shall provide services and facilities under a project agreement with 1 or more State or local agencies that-- ``(1) requires such State and local agencies to provide, in the aggregate, not less than 30 percent of the cost attributable to operating such center; and ``(2) contains or is accompanied by such other information and assurances as the Secretary may require. ``(f) Instructor Training.--The Secretary shall ensure that each center established and operated under subsection (a) is staffed with instructors who have received appropriate training in techniques in dealing with youth offenders. ``(g) Maintenance of Information.--The Secretary shall maintain information, separate from regular Job Corps statistics, on the performance of the centers established and operated under subsection (a) and the enrollees served by such centers, including placement statistics and other related tracking information on the performance of such enrollees. ``(h) Outreach.--The Secretary shall disseminate information regarding the centers established and operated under subsection (a) to appropriate Federal and State judges, juvenile delinquency prevention personnel, attorneys, community-based organizations, and other interested individuals and organizations for the purpose of increasing awareness of and referrals to such centers. ``(i) Authorization of Appropriations.-- ``(1) In general.--In addition to amounts authorized to be appropriated under section 3(d) for a fiscal year, there are authorized to be appropriated to carry out subsection (a) $60,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 2004. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. (b) Conforming Amendment.--The table of contents of the Job Training Partnership Act is amended by inserting after the item relating to section 433A the following new item: ``Sec. 433B. Job Corps Youthsave Program.''.
Job Corps Youth Sentencing Alternative for Vocational Education and Training Act (or YOUTHSAVE Act) - Amends the Job Training Partnership Act to establish a separate Youthsave program, under the Job Corps program, to provide education and job training services to eligible youths convicted of non-violent criminal offenses. Authorizes the Secretary of Labor to make agreements with specified entities to establish and operate up to ten Youthsave centers. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Exploitation Through Trafficking Act of 2014''. SEC. 2. SAFE HARBOR INCENTIVES. Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended-- (1) in section 1701(c), by striking ``where feasible'' and all that follows, and inserting the following: ``where feasible, to an application-- ``(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or ``(2) from an applicant in a State that has in effect a law that-- ``(A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; ``(B) discourages the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); or ``(C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services.''; and (2) in section 1709, by inserting at the end the following: ``(5) `commercial sex act' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102). ``(6) `minor' means an individual who has not attained the age of 18 years. ``(7) `severe form of trafficking in persons' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).''. SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN TRAFFICKING OFFENSES. Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended-- (1) by inserting after ``1590,'' the following: ``1591,''; (2) by striking ``and 1594'' and inserting ``1594, 2251, 2251A, 2421, 2422, and 2423''; (3) in clause (iv), by striking ``and'' at the end; (4) in clause (v), by striking ``and'' at the end; and (5) by inserting after clause (v) the following: ``(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order; and ``(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and''. SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE. Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) National human trafficking hotline.-- Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.''. SEC. 5. JOB CORPS ELIGIBILITY. Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2884(3)) is amended by adding at the end the following: ``(F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.''. SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS SERVICE. Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C), the following: ``(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.''. Passed the House of Representatives May 20, 2014. Attest: KAREN L. HAAS, Clerk.
(This measure has not been amended since it was reported to the House on May 13, 2014. Stop Exploitation Through Trafficking Act of 2014 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. (Sec. 3) Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. (Sec. 4) Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. (Sec. 5) Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. (Sec. 6) Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Decentralize Regulatory Agencies, Include the Nation Act of 2018'' or the ``DRAIN Act''. SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE THE NATIONAL CAPITAL REGION. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of General Services; (2) the term ``agency''-- (A) means an Executive department (as defined in section 101 of title 5, United States Code) and an independent establishment (as defined in section 104 of title 5, United States Code); and (B) does not include the Government Accountability Office; (3) the term ``Director'' means the Director of the Office of Management and Budget; (4) the term ``local government'' means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; (5) the term ``National Capital region'' has the meaning given that term in section 8702 of title 40, United States Code; (6) the term ``nonsecurity agency'' means an agency that is not a security agency; (7) the term ``security agency'' means an agency that receives the majority of the funding for the agency under an appropriation Act making appropriations-- (A) for the Department of Defense; (B) for the Department of Homeland Security; or (C) for the Department of State, foreign operations, and related programs; and (8) the term ``State'' means each of the several States of the United States. (b) Plan.--The Director and the Administrator shall jointly develop and implement a plan under which the headquarters of each nonsecurity agency that is not exempted under subsection (d) shall be relocated to a location outside the National Capital region by not later than the later of-- (1) October 1, 2029; or (2) if applicable, the date on which the lease in effect on the date of enactment of this Act for the building in which the headquarters of the nonsecurity agency is located expires. (c) Determination of Area for Relocation.-- (1) In general.--The plan under subsection (b) shall require that the location to which the headquarters of a nonsecurity agency shall be relocated be determined by the Director, the Administrator, and the head of the nonsecurity agency on a competitive basis, in accordance with this subsection. (2) Application.--A State or local government desiring that a nonsecurity agency relocate the headquarters of the nonsecurity agency to an area that is under the jurisdiction of the State or local government shall submit an application at such time, in such manner, and accompanied by such information as the Director and the Administrator shall jointly establish. (3) Priority.--The Director, the Administrator, and the head of the nonsecurity agency shall give priority to an application under this subsection proposing the headquarters of a nonsecurity agency be located in an area-- (A) for which the rate of unemployment is higher than the average rate of unemployment in the United States, as determined by the Secretary of Labor; (B) with a nexus between the nonsecurity agency and the geographic area in which the nonsecurity agency regulates; or (C) with existing infrastructure to efficiently support the size and scope of the relocation of the headquarters of the nonsecurity agency. (4) Determination.--The location to which the headquarters of a nonsecurity agency shall be relocated shall be determined by a majority vote of the Director, the Administrator, and the head of the nonsecurity agency. (d) Exemptions.-- (1) In general.--The President may exempt a nonsecurity agency from the requirement to relocate the headquarters of the nonsecurity agency if the President determines that the headquarters of the nonsecurity agency should remain in the current location. (2) Reporting.--If the President exempts a nonsecurity agency under paragraph (1), the President shall submit to Congress a report detailing the basis for the determination of the President that the headquarters of the nonsecurity agency should remain in the current location. (e) Conforming Amendment.--Section 72 of title 4, United States Code, is amended by striking ``All offices'' and inserting ``Except as provided in the DRAIN Act, all offices''. (f) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.
Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Fisheries Service Ombudsman Act of 2010''. SEC. 2. NATIONAL MARINE FISHERIES SERVICE OMBUDSMAN OFFICE. (a) In General.-- (1) Establishment.--There is established an Office of the Ombudsman in the National Marine Fisheries Service. (2) Ombudsman.-- (A) In general.--The Office shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration-- (i) in the case of the first Ombudsman, within 180 days after the date of enactment of this Act; and (ii) in the case of an individual appointed to serve as Ombudsman subsequent to the expiration of the term of a sitting Ombudsman, by not later than the date the term expires. (B) Term.--An individual appointed as Ombudsman shall serve a term of 4 years, and may be reappointed. (C) Vacancies.--In the event of a vacancy in the position of Ombudsman the Administrator shall appoint an individual as Ombudsman by not later than 120 days after the date the vacancy occurs. (3) Regional ombudsmen.-- (A) In general.--The Ombudsman shall maintain a regional ombudsman in each of the regions for which a Regional Fishery Management Council is established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852). (B) Appointment.--The regional ombudsmen shall be appointed by and serve at the discretion of the Ombudsman. (C) Acting ombudsman.--In the event of a vacancy in the office of the Ombudsman, the Administrator shall appoint a regional ombudsman to serve as the acting Ombudsman until an Ombudsman is appointed. (4) Qualifications.--A person may not be appointed-- (A) as the Ombudsman, unless the person has-- (i) demonstrated expertise in the field of fisheries management and significant experience and knowledge of regulations that are enforced by the National Marine Fisheries Service; and (ii) significant experience working in or with the commercial or recreational fishing industries; or (B) as a regional ombudsman, unless the person-- (i) satisfies the requirements in subparagraph (A); and (ii) is a resident of a State in the region for which appointed. (5) Notification of appointment and removal.--The Administrator shall notify Congress of-- (A) the intent of the Administrator to appoint an individual as Ombudsman, by not later than 60 days before the effective date of the appointment; (B) whether or not the Administrator will reappoint an individual who is serving as Ombudsman, by not later than 120 days before the expiration of the term of the individual; and (C) the intent of the Administrator to remove a person from the position of Ombudsman, by not later than 60 days before the effective date of the such removal, including the reasons for such removal. (6) Ensuring independence of ombudsman.-- (A) In general.--The Ombudsman-- (i) shall report solely to and be under the general supervision of the Administrator; and (ii) may only be removed by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman. (B) Maintenance of independent communications.-- Each office under the administrative jurisdiction of the Ombudsman shall maintain a telephone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the National Marine Fisheries Service and from all other components of the National Oceanic and Atmospheric Administration. (C) IG's authority to conduct investigations not affected.--Nothing in this Act shall prevent or prohibit any Inspector General from initiating, carrying out, or completing any investigation. (b) Functions.--The Ombudsman shall-- (1) act as a neutral third party who conducts informal, impartial fact finding and investigations; (2) identify points of conflict or contention between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3) mitigate points of conflict or contention identified under paragraph (2); (4) through each regional ombudsman-- (A) serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; (B) receive complaints from persons regulated by the National Marine Fisheries Service regarding regulatory actions initiated by the Service; (C) initiate informal, impartial fact finding and investigations; (D) work with the Service and local fishermen and businesses to resolve such complaints; and (E) conduct community outreach, including by assisting the National Marine Fisheries Service in the dissemination of any new regulations or requirements and providing information and guidance to the public; and (5) maintain a public Internet site that includes contact information for each regional office. (c) Annual Report.-- (1) In general.--The Ombudsman shall report no later than September 30 each year to the Administrator, the Committee on Natural Resources Committee of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the actions taken by each of the regional offices over the preceding year and the objectives of those actions. (2) Contents.--Each such report shall include-- (A) full and substantive analysis, in addition to statistical information; (B) recommendations the Office of the Ombudsman has made on improving services and responsiveness of the National Marine Fisheries Service; (C) a summary of the most pervasive and serious points of conflict or contention encountered by fishermen and businesses, including a description of the nature thereof; (D) an inventory of the items described in subparagraphs (B) and (C) for which action has been taken, and the result of such action; (E) an inventory of the items described in subparagraphs (B) and (C) for which action remains to be completed; (F) recommendations to resolve points of conflict or contention encountered by fishermen and businesses; (G) information the Ombudsman considers appropriate regarding the independence and effectiveness of the Ombudsman's office; and (H) such other information as the Ombudsman considers relevant. (3) Report to be submitted directly.--Each report under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Administrator or any from any other officer or employee of the National Oceanic and Atmospheric Administration, the National Marines Fisheries Service, or the Office of Management and Budget. (4) Other reports.--Nothing in this subsection shall be construed to preclude the Ombudsman from issuing other reports on the activities of the Office of the Ombudsman.
National Marine Fisheries Service Ombudsman Act of 2010 - Establishes an Office of the Ombudsman in the National Marine Fisheries Service which shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration (NOAA). Requires the Ombudsman to maintain a regional Ombudsman in each of the regions for which a Regional Fishery Management Council. Requires the Ombudsman to report solely to, and be under the general supervision of, the Administrator and allows the removal of the Ombudsman only by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman. Sets forth the duties of the Ombudsman, including: (1) to act as a neutral third party who conducts informal, impartial fact finding and investigations; (2) to identify points of conflict or contention (and to mitigate such points of conflict or contention) between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3) through each regional ombudsman, to serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; and (4) to maintain a public Internet site that includes contact information for each regional office.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Trail Designation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon; (2) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (3) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail-- (A) to recognize the national significance of this phenomenon; and (B) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (b) Purpose.--The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities. SEC. 3. DEFINITIONS. In this Act: (1) Ice age floods; floods.--The term ``Ice Age floods'' or ``floods'' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana. (2) Plan.--The term ``plan'' means the cooperative management and interpretation plan authorized under section 5(f). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trail.--The term ``Trail'' means the Ice Age Floods National Geologic Trail designated by section 4(a). SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. (a) Designation.--In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location.-- (1) Map.--The route of the Trail shall be generally depicted on the map entitled ``Ice Age Floods National Geologic Trail,'' numbered _____, and dated _____. (2) Route.--The route shall generally follow public roads and highways_ (A) from the vicinity of Missoula in western Montana; (B) across northern Idaho; (C) through eastern and southern sections of Washington; (D) across northern Oregon in the vicinity of the Willamette Valley and the Columbia River; and (E) to the Pacific Ocean. (3) Revision.--The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (c) Map Availability.--Any map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Trail Management Office.--In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office within the vicinity of the Trail. (c) Land Acquisition.-- (1) In general.--If the acquisition is consistent with the plan, the Secretary may acquire land, in a quantity not to exceed 25 acres, for administrative and public information purposes to facilitate the geographic diversity of the Trail throughout the States of Montana, Idaho, Washington, and Oregon. (2) Methods.-- (A) Private land.--Private land may be acquired from a willing seller under this Act only by donation, purchase with donated or appropriated funds, or exchange. (B) Non-federal public land.--Non-Federal public land may be acquired from a willing seller under this Act-- (i) only by donation or exchange; and (ii) after consultation with the affected unit of local government. (d) Interpretive Facilities.--The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (e) Interagency Technical Committee.-- (1) In general.--The Secretary shall establish an interagency technical committee to advise the trail management office on the technical planning for the development of the plan. (2) Composition.--The committee-- (A) shall include-- (i) representatives from Federal, State, local, and tribal agencies with interests in the floods; and (ii) representatives from the Ice Age Floods Institute; and (B) may include private property owners, business owners, and nonprofit organizations. (f) Management Plan.-- (1) In general.--Not later than 3 years after funds are made available to carry out this Act under section 6, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (2) Consultation.--The Secretary shall prepare the plan in consultation with-- (A) State, local, and tribal governments; (B) the Ice Age Floods Institute; (C) private property owners; and (D) other interested parties. (3) Contents.--The plan shall-- (A) confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled ``Ice Age Floods, Study of Alternatives and Environmental Assessment'' (February 2001) by-- (i) locating features more accurately; (ii) improving the description of features; and (iii) reevaluating the features in terms of their interpretive potential; (B) review and, if appropriate, modify the map of the Trail referred to in section 4(b); (C) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (D) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods. (g) Cooperative Management.-- (1) In general.--In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Unit of national park system.--For purposes of this subsection, the Trail shall be considered a unit of the National Park System. (h) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (i) Effect on Private Property Rights.--Nothing in this Act-- (1) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (2) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (j) Liability.--Designation of the Trail by section 4(a) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, of which not more than $500,000 may be used for each fiscal year for the administration of the Trail.
Ice Age Floods National Geologic Trail Designation Act of 2004 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail. Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail.
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SECTION 1. INCLUSION OF ALGAE-BASED BIOFUEL IN RENEWABLE FUEL PROGRAM. Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) in subparagraph (E) by adding at the end the following ``The term `cellulosic biofuel' also includes algae-based biofuel.'', and (2) by adding the following new subparagraph at the end thereof: ``(M) Algae-based biofuel.--The term `algae-based biofuel' means liquid fuel-- ``(i) derived from the biomass of single- or multi-cellular organisms which are inherently aquatic and classified as non- vascular plants (including microalgae, blue- green algae (cyanobacteria), and macroalgae (seaweeds)); and ``(ii) that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.''. SEC. 2. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINITION OF CELLULOSIC BIOFUEL. (a) Cellulosic Biofuel Producer Credit.-- (1) General rule.--Paragraph (4) of section 40(a) of the Internal Revenue Code of 1986 is amended by inserting ``and algae-based'' after ``cellulosic''. (2) Definitions.--Paragraph (6) of section 40(b) of such Code is amended-- (A) by inserting ``and algae-based'' after ``Cellulosic'' in the heading, (B) by striking subparagraph (A) and inserting the following: ``(A) In general.--The cellulosic and algae-based biofuel producer credit of any taxpayer is an amount equal to the applicable amount for each gallon of-- ``(i) qualified cellulosic biofuel production, and ``(ii) qualified algae-based biofuel production.'', (C) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (I), (J), and (K), respectively, (D) by inserting ``and algae-based'' after ``cellulosic'' in the heading of subparagraph (I), as so redesignated, (E) by inserting ``or algae-based biofuel, whichever is appropriate,'' after ``cellulosic biofuel'' in subparagraph (J), as so redesignated, (F) by inserting ``and qualified algae-based biofuel production'' after ``qualified cellulosic biofuel production'' in subparagraph (K), as so redesignated, and (G) by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified algae-based biofuel production.-- For purposes of this section, the term `qualified algae-based biofuel production' means any algae-based biofuel which is produced by the taxpayer, and which during the taxable year-- ``(i) is sold by the taxpayer to another person-- ``(I) for use by such other person in the production of a qualified algae- based biofuel mixture in such other person's trade or business (other than casual off-farm production), ``(II) for use by such other person as a fuel in a trade or business, or ``(III) who sells such algae-based biofuel at retail to another person and places such algae-based biofuel in the fuel tank of such other person, or ``(ii) is used or sold by the taxpayer for any purpose described in clause (i). The qualified algae-based biofuel production of any taxpayer for any taxable year shall not include any alcohol which is purchased by the taxpayer and with respect to which such producer increases the proof of the alcohol by additional distillation. ``(G) Qualified algae-based biofuel mixture.--For purposes of this paragraph, the term `qualified algae- based biofuel mixture' means a mixture of algae-based biofuel and gasoline or of algae-based biofuel and a special fuel which-- ``(i) is sold by the person producing such mixture to any person for use as a fuel, or ``(ii) is used as a fuel by the person producing such mixture. ``(H) Algae-based biofuel.--For purposes of this paragraph-- ``(i) In general.--The term `algae-based biofuel' means any liquid fuel, including gasoline, diesel, aviation fuel, and ethanol, which-- ``(I) is produced from the biomass of algal organisms, and ``(II) meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(ii) Algal organism.--The term `algal organism' means a single- or multi-cellular organism which is primarily aquatic and classified as a non-vascular plant, including microalgae, blue-green algae (cyanobacteria), and macroalgae (seaweeds). ``(iii) Exclusion of low-proof alcohol.-- Such term shall not include any alcohol with a proof of less than 150. The determination of the proof of any alcohol shall be made without regard to any added denaturants.''. (3) Conforming amendments.-- (A) Subparagraph (D) of section 40(d)(3) of such Code is amended-- (i) by inserting ``and algae-based'' after ``cellulosic'' in the heading, (ii) by inserting ``or (b)(6)(F)'' after ``(b)(6)(C)'' in clause (ii), and (iii) by inserting ``or algae-based'' after ``such cellulosic''. (B) Paragraph (6) of section 40(d) of such Code is amended-- (i) by inserting ``and algae-based'' after ``cellulosic'' in the heading, and (ii) by striking the first sentence and inserting ``No cellulosic and algae-based biofuel producer credit shall be determined under subsection (a) with respect to any cellulosic or algae-based biofuel unless such cellulosic or algae-based biofuel is produced in the United States and used as a fuel in the United States.''. (C) Paragraph (3) of section 40(e) of such Code is amended by inserting ``and algae-based'' after ``cellulosic'' in the heading. (D) Paragraph (1) of section 4101(a) of such Code is amended-- (i) by inserting ``or algae-based'' after ``cellulosic'', and (ii) by inserting ``and 40(b)(6)(H), respectively'' after ``section 40(b)(6)(E)''. (b) Special Allowance for Cellulosic Biofuel Plant Property.-- Subsection (l) of section 168 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and Algae-based'' after ``Cellulosic'' in the heading, (2) by inserting ``and any qualified algae-based biofuel plant property'' after ``qualified cellulosic biofuel plant property'' in paragraph (1), (3) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively, (4) by inserting ``or qualified algae-based biofuel plant property'' after ``cellulosic biofuel plant property'' in paragraph (7)(C), as so redesignated, (5) by striking ``with respect to'' and all that follows in paragraph (9), as so redesignated, and inserting ``with respect to any qualified cellulosic biofuel plant property and any qualified algae-based biofuel plant property which ceases to be such qualified property.'', (6) by inserting ``or qualified algae-based biofuel plant property'' after ``cellulosic biofuel plant property'' in paragraph (10), as so redesignated, and (7) by inserting after paragraph (3) the following new paragraphs: ``(4) Qualified algae-based biofuel plant property.--The term `qualified algae-based biofuel plant property' means property of a character subject to the allowance for depreciation-- ``(A) which is used in the United States solely to produce algae-based biofuel, ``(B) the original use of which commences with the taxpayer after December 31, 2008, ``(C) which is acquired by the taxpayer by purchase (as defined in section 179(d)) after December 31, 2008, but only if no written binding contract for the acquisition was in effect on or before such date, and ``(D) which is placed in service by the taxpayer before January 1, 2013. ``(5) Algae-based biofuel.-- ``(A) In general.--The term `algae-based biofuel' means any liquid fuel which is produced from the biomass of algal organisms. ``(B) Algal organism.--The term `algal organism' means a single- or multi-cellular organism which is primarily aquatic and classified as a non-vascular plant, including microalgae, blue-green algae (cyanobacteria), and macroalgae (seaweeds).''. (c) Effective Dates.-- (1) Cellulosic biofuel producer credit.--The amendments made by subsection (a) shall apply to fuel produced after December 31, 2008. (2) Special allowance for cellulosic biofuel plant property.--The amendments made by subsection (b) shall apply to property purchased and placed in service after December 31, 2008.
Amends the Clean Air Act to include algae-based biofuel in the renewable fuel program. Defines "algae-based biofuel," for purposes of such Act, as liquid fuel derived from the biomass of single- or multi-cellular organisms which are inherently aquatic and classified as non-vascular plants and that have lifecycle greenhouse gas emissions that are at least 60% less than the baseline for such emissions. Amends the Internal Revenue Code to: (1) expand the definition of cellulosic biofuel to include algae-based biofuel for purposes of the cellulosic biofuel producer tax credit; and (2) allow accelerated depreciation of property used to produce algae-based biofuel. Defines "algae-based biofuel" as any liquid fuel which is produced from the biomass of an algal organism (i.e., an organism that is primarily aquatic and classified as a non-vascular plant).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Freedom from Restraint Act of 1999''. SEC. 2. LIMITATION ON USE OF PHYSICAL AND CHEMICAL RESTRAINTS AND SECLUSION IN CERTAIN MEDICARE OR MEDICAID FUNDED TREATMENT FACILITIES. (a) In General.--Part B of title XI of the Social Security Act is amended by adding at the end the following new section: ``limitation on use of restraints and seclusion in certain medicare and medicaid funded treatment facilities ``Sec. 1164. (a) Freedom From Restraints and Seclusion.--As a condition of participation or receipt of funds under the medicare program under title XVIII or under a State medicaid program under title XIX, a covered facility (as defined in subsection (b)) shall-- ``(1) protect and promote the right of each resident or patient to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints (as defined in subsection (g)) imposed for purposes of discipline or convenience; ``(2) meet the requirements of subsection (d) (relating to recording and reporting on the use of restraints and seclusion and sentinel events); ``(3) provide for annual training of all staff with direct resident or patient care responsibility on the proper use of restraints and seclusion, their alternatives, and techniques and methods to identify and defuse potential emergency situations; and ``(4)(A) make available to each resident or patient, and to the guardian of each such resident or patient, a statement of their rights to freedom from restraints and seclusion as required by this section and information on the purpose of the appropriate protection and advocacy agencies (as defined in subsection (g)(4)) and their addresses and telephone numbers; and ``(B) clearly and conspicuously post such information in the facility. ``(b) Covered Facility Defined.--For purposes of this section, the term `covered facility` means any of the following: ``(1) A facility that provides inpatient or residential psychiatric treatment or treatment of mental illness (including a psychiatric hospital, as defined in section 1861(f), and an institution for mental diseases, as defined in section 1905(i)). ``(2) An intermediate care facility for the mentally retarded (as defined in section 1905(d)). ``(3) A facility that provides residential treatment for children. ``(c) Requirements Relating to Restraints and Seclusion.-- ``(1) General limitations.-- ``(A) In general.--A covered facility may only impose restraints and seclusion-- ``(i) to ensure the immediate physical safety of the resident or patient or others; and ``(ii) only upon the written order of a physician that specifies the duration (not to exceed 2 consecutive hours) and circumstances under which the restraints and seclusion are to be used. ``(B) Emergency exception.--Subparagraph (A)(ii) shall not apply in emergency circumstances specified by the Secretary during the period before a written order can reasonably be obtained. ``(2) Prohibition of use of standing orders.--Written orders for such restraints or seclusion shall never be written as a standing order. ``(3) Use as last resort.--A covered facility may only use restraints and seclusion as an emergency safety measure and as a last resort and only after other less restrictive approaches have failed. ``(4) Least restrictive manner.--A covered facility shall use restraints and seclusion only in the least restrictive manner possible, to protect the resident or patient or others from harm, and must remove or end restraints and seclusion at the earliest possible time. ``(5) No simultaneous use.--A covered facility may not use restraints and seclusion simultaneously. ``(d) Recording and Reporting Requirements.--In accordance with the protocol established under subsection (e)(1)-- ``(1) Recording uses of restraint and seclusion in patient records.-- ``(A) In general.--Each covered facility shall record and maintain, as part of a resident's or patient's medical record, the following information on each incident in which restraints or seclusion are used with respect to a resident or patient of the facility: ``(i) The uses of restraint and seclusion, including the type of restraint or seclusion used and the time and duration of its use. ``(ii) The rationale for restraint or seclusion and types of less restrictive alternatives that were tried or considered. ``(iii) Evidence of treatment planning to reduce the probability of future incidents that would lead to use of restraint or seclusion. ``(B) Availability to p&a agencies.--Each covered facility shall make available the information recorded under subparagraph (A) for inspection by staff of the appropriate protection and advocacy agencies. ``(2) Submission of periodic reports on overall use of restraints and seclusion.--Each covered facility shall submit to the Secretary and to the appropriate protection and advocacy agencies a report that specifies the number of times restraints or seclusion were used during the reporting period. Such report shall be submitted on a periodic basis specified by the Secretary, but in no case less often than annually. ``(3) Submission of reports on all sentinel events.-- ``(A) In general.--Each covered facility shall submit to the appropriate protection and advocacy agency a report on-- ``(i) each sentinel event (as defined in subsection (g)(6)) that occurs respecting a resident or patient, including only the name of the resident or patient and a general description of the event; and ``(ii) if information is available to the facility, information on the death of any individual who died within 14 days after the date of discharge from the facility. ``(B) Deadline for submission.--Each report under subparagraph (A)(i) shall be submitted within 7 days of the date of the incident involved and each report under subparagraph (A)(ii) shall be submitted within 7 days of receipt of information concerning the death of the former resident or patient. ``(C) Annual report.--Each covered facility shall submit on an annual basis to the Secretary an annual report on sentinel events for which reports were made during the previous year under subparagraph (A). ``(e) Implementation.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a protocol for the recording and reporting of information under subsection (d). To the extent feasible, the Secretary shall establish the protocol in a manner that is consistent with medical records recording systems and that is coordinated with other applicable health care information reporting systems. The Secretary shall consult with appropriate protection and advocacy agencies in establishing and implementing the protocol. ``(2) Publication of summary.--The Secretary shall compile and publish on an annual basis a comprehensive summary of the reports received under subsection (d)(3). ``(3) Establishment of guidelines for peer review organizations.--The Secretary shall establish guidelines for the use of utilization and quality control peer review organizations (as defined in section 1152(a)) in reviewing policies and procedures of covered facilities regarding the use of restraints and seclusion consistent with this section. ``(f) Sanctions.-- ``(1) Loss of medicare and medicaid funding.--A covered facility that fails to comply with the requirements of subsection (a) (including failure to provide for annual training of staff in accordance with subsection (a)(3)) is subject to disqualification from participation in the medicare program under title XVIII and the medicaid program under title XIX for such period at the Secretary may specify. ``(2) Civil money penalty for failure to file sentinel reports.--A covered facility that fails to file a report required to be made under subsection (b)(3) within the period so required is subject to a civil money penalty not to exceed $5,000 for each such violation. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subsection in the same manner as they apply to a penalty or proceeding under section 1128A(a). ``(g) Definitions.--For purposes of this section: ``(1) Restraints.--The term `restraints' means any chemical or physical restraint (as defined in paragraphs (2) and (3)). ``(2) Chemical restraint.--The term `chemical restraint' means the use of any medication or biological for the purpose of immobilizing the individual, inducing a state of sleep or unconsciousness, or reducing the ability to move freely. Such term does not include involuntary administration of medication when administered pursuant to a court order or the administration of medication for voluntary or emergency treatment (such as anesthesia administered before a surgical procedure). ``(3) Physical restraint.--The term `physical restraint' means any mechanical or personal restriction that immobilizes or reduces an individual's ability to move arms, legs, or head freely. Such term does not include devices, such as orthopedically prescribed appliances, surgical dressings and bandages, protective helmets and supportive body bands, and other physical holding when necessary for routine physical examinations or tests or for orthopedic surgical or other similar medical treatment purposes or when used to provide support for the achievement of functional body position or proper balance or to permit an individual to participate in ongoing activities with the risk of physical harm. ``(4) Protection and advocacy agency.--The term `protection and advocacy agency' means an appropriate board under the protection and advocacy system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.). ``(5) Seclusion.--The term `seclusion' means the involuntary confinement of a resident or patient in a room from which the resident or patient is physically prevented from leaving. ``(6) Sentinel event.--The term `sentinel event' means an unexpected occurrence involving a substantial impairment of the physical or psychological condition of a resident or patient, including any burn, laceration, or abrasion of the skin, fracture of any bone, substantial hematoma, injury to any internal organ, or any injury that occurs as a result of repeated harm to any bodily function or organ (including the skin), if the occurrence is unrelated to the natural course of the individual's illness or underlying condition, and includes the death of the individual in any case.''. (b) Effective Dates.-- (1) Protection against use of punitive restraints and seclusion.--The requirements of subsections (a)(1) and (c) of section 1164 of the Social Security Act, as added by subsection (a), apply to restraints and seclusion used on or after the first date of the first month that begins more than 6 months after the date of the enactment of this Act. (2) Reporting requirements.-- (A) Deadline for establishing protocol.--The Secretary of Health and Human Services shall first establish the protocol described in section 1164(e)(1) of the Social Security Act, as added by subsection (a), within 1 year after the date of the enactment of this Act. (B) Reports.--Covered facilities are first required to record information and submit reports under section 1164(c) of the Social Security Act, as so added, for restraints and seclusion used on and after a date (specified by the Secretary of Health and Human Services ) that is not later than 2 months after the date of the establishment of the protocol under section 1164(e)(1) of such Act. (3) Annual training.--The requirement of section 1164(a)(3) of the Social Security Act, as so added, applies for annual periods beginning after the effective date described in paragraph (1). (4) Posting information.--The requirement of section 1164(a)(4) of the Social Security Act, as so added, takes effect on such date, not later than the effective date described in paragraph (1), as the Secretary of Health and Human Services shall specify.
Patient Freedom from Restraint Act of 1999 - Amends part D (Peer Review) of title XI of the Social Security Act (SSA) to specify Medicare and Medicaid (SSA titles XVIII and XIX) program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a covered facility to report sentinel events (when a program beneficiary under psychiatric or other specified care dies unexpectedly or suffers injury unrelated to his or her illness or underlying condition) to the appropriate protection and advocacy agency. Allows the imposition of restraints only: (1) to ensure physical safety of the individual or others in the provider's care; and (2) upon the written order of a physician specifying the duration (but no more than two hours) and circumstances under which restraints and seclusion are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Prohibits their simultaneous use. Requires the covered facility to provide for annual staff training on the proper use of restraints and seclusion, to make available to each resident or patient (or guardian) a statement of their rights with regard to such mechanisms along with identifying information on the appropriate protection and advocacy agencies, such information to be posted in the facility where the patients or residents can see and read it. Imposes certain recordkeeping and other reporting requirements with regard to uses of restraints and seclusion, including making available applicable medical record information to the appropriate protection and advocacy agencies for inspection and periodic reporting to the Secretary on the overall use of restraints and seclusion. Requires the Secretary to compile and publish annually a comprehensive summary of the reports on sentinel events. Mandates sanctions for failure to report, which includes a civil money penalty for failure to file sentinel reports, and other specified violations, including those involving staff training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Our Military Caregivers Act''. SEC. 2. EXTERNAL CLINICAL REVIEW OF DENIED APPLICATIONS BY CAREGIVERS OF VETERANS. (a) In General.--Section 1720G of title 38, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) External Clinical Review of Applications.--(1) Using amounts otherwise appropriated to carry out this section, an individual may elect to have an independent contractor described in paragraph (2) perform an external clinical review of any of the following: ``(A) The denial by the Secretary of an application by an individual to be a caregiver or family caregiver eligible for the program of comprehensive assistance administered by the Secretary pursuant to this section. ``(B) With respect to such an application that the Secretary has granted, a determination by the Secretary of the level or amount of personal care services that a veteran requires. ``(C) A request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on changes to the health or abilities of the veteran occurring since the Secretary granted such an application. ``(D) The revocation by the Secretary of assistance administered by the Secretary pursuant to this section. ``(2) An independent contractor described in this paragraph is an independent contractor that-- ``(A) is awarded a contract by the Secretary to carry out this section pursuant to full and open competition under the Federal Acquisition Regulation; ``(B) has no direct or indirect financial relationship with any non-Department provider of services to caregivers and family caregivers pursuant to this title; ``(C) has not otherwise conducted an external clinical review of benefits administered by the Secretary pursuant to this title other than this section; ``(D) has sufficient training and expertise in medical science and other appropriate health, educational, and vocational training and legal matters to perform the reviews described in paragraph (1); and ``(E) employs a panel of physicians or other appropriate health care professionals who do not provide health care to the individual who makes an election under paragraph (1). ``(3) Each external clinical review conducted pursuant to paragraph (1) shall-- ``(A) be based on applicable information included in the application for assistance described in such paragraph, including clinical expertise, medical, technical, and scientific evidence; ``(B) include an opportunity for both the individual who elects for such review and, to the extent possible, the veteran for whom care is being provided to offer opinions and supporting data as to the level of care required; and ``(C) include a review of the initial clinical review of such veteran and any other review made by the Secretary. ``(4) In carrying out the external clinical reviews pursuant to paragraph (1), the independent contractor shall, as determined appropriate by the Secretary-- ``(A) collect and maintain information required; and ``(B) share such information with the Secretary. ``(5) The Secretary shall take into account, but is not bound by, any determination made by the independent contractor pursuant to paragraph (1) in determining the final decision with respect to the application for assistance. The Secretary may make a final decision that is contrary to such a determination if the Secretary includes clinically supported documentation with the decision. ``(6) The Secretary shall ensure that each external clinical review conducted by the independent contractor pursuant to paragraph (1) is completed and the Department is notified in writing of the results of the review by not later than 120 days after the date on which the individual makes the election under such paragraph. Not later than 30 days after the delivery of the determination recommended by the independent contractors, the Secretary shall ensure that the veteran and the individual making the election under such paragraph is notified in writing of the final decision of the Secretary. In accordance with paragraph (5), such notification shall include an explanation of the recommended decision, a discussion of the facts and applicable regulations, and an explanation of the clinical rationale for the final decision. ``(7) The Secretary shall notify individuals who submit an application to be a caregiver or family caregiver eligible for the program of comprehensive assistance administered by the Secretary pursuant to this section of the ability of the individual to make an election under paragraph (1). ``(8) Nothing in this subsection may be construed to affect claims made by veterans for disability compensation under chapter 11 of this title.''. (b) Application.--The amendments made by subsection (a) shall apply with respect to elections under subsection (d) of section 1720G of title 38, United States Code, as added by subsection (a)(2), that are for applications or revocations for assistance for caregivers and family caregivers pursuant to such section for which the Secretary of Veterans Affairs has not made a final decision as of the date of the enactment of this Act. SEC. 3. PROCESS TO DETERMINE ELIGIBILITY FOR CAREGIVERS OF VETERANS. (a) Directives.--The Secretary of Veterans Affairs shall issue directives regarding the policies, procedures, and operational requirements for the Family Caregiver Program, including with respect to determining the eligibility of an individual to participate in the Family Caregiver Program. (b) GAO Report.--The Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the processes of the Secretary of Veterans Affairs with respect to-- (1) determining the eligibility of an individual to participate in the Family Caregiver Program; (2) adjudicating appeals to such determinations; and (3) the periodic eligibility reevaluation of an individual participating in such program and the communication of any changes as a result of such reevaluations to the veteran and caregiver. (c) Family Caregiver Program Defined.--In this section, the term ``Family Caregiver Program'' either the program of comprehensive assistance for family caregivers or the program of general caregiver support services established by section 1720G of title 38, United States Code. SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES. Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as follows: ``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. ``The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts: ``(1) With respect to each of fiscal years 2017 through 2021, $230,000,000. ``(2) With respect to each of fiscal years 2022 through 2024, $360,000,000.''. Passed the House of Representatives May 23, 2016. Attest: KAREN L. HAAS, Clerk.
Support Our Military Caregivers Act (Sec. 2) This bill permits an individual to elect to have an independent contractor perform an external clinical review of any of the following: a Department of Veterans Affairs (VA) denial of an individual's application to be a caregiver or family caregiver eligible for VA benefits; with respect to an approved application, a VA determination of the level or amount of personal care services that a veteran requires; a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on post-application changes; and a revocation of benefits by the VA. The VA shall ensure that each external clinical review is completed and the individual is notified in writing of the results within 120 days of the election. (Sec. 3) The VA shall issue policy, procedural, and operational directives for the program of comprehensive assistance for family caregivers and the program of general caregiver support services, including with respect to eligibility. The Government Accountability Office must report on VA processes for making and adjudicating eligibility determinations. (Sec. 4) The bill amends the Veterans Access, Choice, and Accountability Act of 2014 to revise the limits on the aggregate amount of awards and bonuses payable to VA employees in each of FY2017-FY2021.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Part-Time Worker Bill of Rights Act of 2013''. SEC. 2. EXTENSION OF EMPLOYER HEALTH INSURANCE COVERAGE MANDATE TO PART-TIME EMPLOYEES. (a) Large Employers Not Offering Health Coverage.-- (1) In general.--Subsection (a) of section 4980H of the Internal Revenue Code of 1986 is amended-- (A) by striking ``full-time employees'' in paragraph (1) and inserting ``employees'', (B) by striking ``full-time employee'' in paragraph (2) and inserting ``employee'', and (C) by striking ``hereby imposed on the employer'' and all that follows and inserting ``hereby imposed on the employer, with respect to each employee employed by the employer during such month, an assessable payment equal to the applicable payment amount with respect to such employee.''. (2) Proration of applicable payment amount for part-time employees.--Paragraph (1) of section 4980H(c) of such Code is amended to read as follows: ``(1) Applicable payment amount.--The term `applicable payment amount' means, with respect to any employee for any month-- ``(A) in the case of a full-time employee, \1/12\ of $2,000, and ``(B) in the case of any other employee, the amount which bears the same ratio to the amount determined under subparagraph (A) as-- ``(i) the average hours of service per week of such employee for such month, bears to ``(ii) 30.''. (b) Large Employers Offering Coverage With Employees Who Qualify for Premium Tax Credits or Cost-Sharing Reductions.-- (1) In general.--Paragraph (1) of section 4980H(b) of such Code is amended-- (A) by striking ``full-time employees'' each place it appears in subparagraphs (A) and (B) and inserting ``employees'', and (B) by striking ``hereby imposed on the employer'' and all that follows and inserting ``hereby imposed on the employer, with respect to each employee described in subparagraph (B) for such month, an assessable payment equal to \1/12\ of $3,000.''. (2) Proration for part-time employees.--Subsection (b) of section 4980H of such Code is amended by adding at the end the following new paragraph: ``(3) Proration for part-time employees.--In the case of any employee other than a full-time employee, paragraph (1) shall be applied by substituting for `$3,000' the dollar amount which bears the same ratio to $3,000 as-- ``(A) the average hours of service per week of such employee for the month with respect to which such paragraph applies, bears to ``(B) 30.''. (3) Application of overall limitation.--Paragraph (2) of section 4980H(b) of such Code is amended to read as follows: ``(2) Overall limitation.--The aggregate amount of tax determined under paragraph (1) with respect to any applicable large employer for any month shall not exceed the aggregate amount of tax which would have been determined under subsection (a) with respect to such employer for such month if such employer were described in subsection (a)(1).''. (c) Application of Hours of Service Rules.--Subparagraph (B) of section 4980H(c)(4) of such Code is amended by striking ``for the application of this paragraph to'' and inserting ``with respect to''. (d) Effective Date.--The amendments made by this section shall apply to months beginning after December 31, 2013. SEC. 3. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE. (a) Amendment.--Section 101(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows: ``(A) In general.--The term `eligible employee' means an employee who has been employed, either as a full-time or part-time employee, for at least 12 months by the employer with respect to whom leave is requested under section 102.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect beginning on the date that is one year after the date of enactment of this Act. SEC. 4. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING PENSION PLANS. (a) Participation Rules.-- (1) In general.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the 12-month period referred to in subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (2) Conforming amendment.--Section 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section 202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of section 202(a)(3)''. (b) Vesting Rules.-- (1) In general.--Section 203(b)(2) of such Act (29 U.S.C. 1053(b)(2)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (2) 1-year breaks in service.--Section 203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the following new subparagraph: ``(F)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 250 hours of service within such period shall be treated as completion of 500 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (c) Accrual Rules.--Section 204(b)(4)(C) of such Act (29 U.S.C. 1054(b)(4)(C)) is amended-- (1) by inserting ``(i)'' after ``(C)''; and (2) by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to clause (i)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(iii) For purposes of clause (ii), the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (d) Effective Dates.-- (1) In general.--Except as provided in subsection (b), the amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act. (2) Special rule for collectively bargained plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the earlier of-- (i) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (ii) the date that is 3 years after the date of the enactment of this Act; or (B) the date that is 1 year after the date of the enactment of this Act. For purposes of subparagraph (A), 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 this section shall not be treated as a termination of such collective bargaining agreement.
Part-Time Worker Bill of Rights Act of 2013 - Amends the Internal Revenue Code to extend the large employer health insurance coverage mandate to part-time employees (as well as full-time employees, currently covered). Amends the Family and Medical Leave Act of 1993 to make an employee eligible for coverage under such Act if that employee has been employed for at least 12 months by a covered employer with respect to whom such leave is requested. (Eliminates the requirement, under current law, that the employee have served at least 1,250 hours during the 12-month period before the leave request.) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require that certain employees working at less than full-time under participation, vesting, and accrual rules governing pension plans be treated as meeting full-time year-of-service criteria. Qualifies such workers for group health plans. Extends ERISA coverage to certain individuals whose services are leased or contracted for.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Technologies for Energy Jobs and Security Act of 2017''. SEC. 2. EXTENSION AND PHASEOUT OF RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2016 (December 31, 2021, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'', and inserting ``December 31, 2021''. (b) Phaseout.-- (1) In general.--Paragraphs (3), (4), and (5) of section 25D(a) of the Internal Revenue Code of 1986 are amended by striking ``30 percent'' each place it appears and inserting ``the applicable percentage''. (2) Conforming amendment.--Section 25D(g) of the Internal Revenue Code of 1986 is amended by striking ``paragraphs (1) and (2) of''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2017. SEC. 3. EXTENSION AND PHASEOUT OF ENERGY CREDIT. (a) Credit Percentage for Geothermal Energy Property.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph (3)(A)''. (b) Extension of Solar and Thermal Energy Property.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii) by striking ``periods ending before January 1, 2017'' and inserting ``property the construction of which begins before January 1, 2022''; and (2) in clause (vii) by striking ``periods ending before January 1, 2017'' and inserting ``property the construction of which begins before January 1, 2022''. (c) Phaseout of 30-Percent Credit Rate for Geothermal Energy Property.--Section 48(a)(6) of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by inserting ``and geothermal'' after ``solar''; (2) in subparagraph (A), by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph (3)(A)''; and (3) in subparagraph (B), by striking ``property energy property described in paragraph (3)(A)(i)'' and inserting ``energy property described in clause (i) or (iii) of paragraph (3)(A)''. (d) Phaseout of 30-Percent Credit Rate for Fiber-Optic Solar, Qualified Fuel Cell, and Qualified Small Wind Energy Property.-- (1) In general.--Section 48(a) of the Internal Revenue Code of 1986 is amended by adding the following: ``(7) Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property.--In the case of any energy property described in paragraph (3)(A)(ii), qualified fuel cell property, or qualified small wind property, the energy percentage determined under paragraph (2) shall be equal to-- ``(A) in the case of any property the construction of which begins after December 31, 2019, and before January 1, 2021, 26 percent, and ``(B) in the case of any property the construction of which begins after December 31, 2020, and before January 1, 2022, 22 percent.''. (2) Conforming amendment.--Section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (6)'' and inserting ``paragraphs (6) and (7)''. (e) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (f) Extension of Qualified Microturbine Property.--Section 48(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (g) Extension of Combined Heat and Power System Property.--Section 48(c)(3)(A)(iv) of the Internal Revenue Code of 1986 is amended by striking ``which is placed in service before January 1, 2017'' and inserting ``the construction of which begins before January 1, 2022''. (h) Extension of Qualified Small Wind Energy Property.--Section 48(c)(4)(C) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (i) Effective Date.--The amendments made by this section shall take effect on January 1, 2017. SEC. 4. WASTE HEAT TO POWER PROPERTY. (a) In General.-- (1) Introduction of waste to heat power energy property.-- Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended-- (A) at the end of clause (vi) by striking ``or''; and (B) at the end of clause (vii) by inserting ``or'' after the comma; and (C) by adding the following: ``(viii) waste heat to power property,''. (2) Definitions and limitations.--Section 48(c) of the Internal Revenue Code of 1986 is amended by adding the following: ``(5) Waste heat to power property.-- ``(A) In general.--The term `waste heat to power property' means property-- ``(i) comprising a system which generates electricity through the recovery of a qualified waste heat resource, and ``(ii) the construction of which begins before January 1, 2022. ``(B) Qualified waste heat resource.--The term `qualified waste heat resource' means-- ``(i) exhaust heat or flared gas from an industrial process that does not have, as its primary purpose, the production of electricity, and ``(ii) a pressure drop in any gas for an industrial or commercial process. ``(C) Limitations.-- ``(i) In general.--For purposes of subsection (a)(1), the basis of any waste heat to power property taken into account under this section shall not exceed the excess of-- ``(I) the basis of such property, over ``(II) the fair market value of comparable property which does not have the capacity to capture and convert a qualified waste heat resource to electricity. ``(ii) Capacity limitation.--The term `waste heat to power property' shall not include any property comprising a system if such system has a capacity in excess of 50 megawatts.''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2016, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
Technologies for Energy Jobs and Security Act of 2017 This bill amends the Internal Revenue Code to extend and modify tax credits for residential energy efficient property and investments in energy property. The bill modifies the tax credit for residential energy efficient property to extend through 2021 the credits for expenditures for fuel cell property, small wind energy property, and geothermal heat pump property. For each extended credit, the bill phases out the current credit rate of 30% of expenditures by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill extends the tax credit for investments in energy property for the following property with construction that begins before January 1, 2022: fiber-optic solar energy property, thermal energy property. fuel cell property, microturbine property, combined heat and power system property, and small wind energy property. The bill phases out the current credit rate of 30% for investments in geothermal energy property, fiber-optic solar energy property, fuel cell property, and small wind energy property by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill also allows an energy tax credit through 2021 for investment in waste heat to power property that does not have a capacity in excess of 50 megawatts. "Waste heat to power property" is property comprising a system which generates electricity through the recovery of a qualified waste heat resource.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Loophole Closing Act of 2009''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
Gun Show Loophole Closing Act of 2009 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records. Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act. Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Human Rights Accountability Act of 2012''. SEC. 2. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY MEMBERS. (a) In General.--The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of Persons Who Are Responsible for or Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Syria or persons acting on behalf of that Government that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Syria or their family members, regardless of whether such abuses occurred in Syria. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Syria, that monitor the human rights abuses of the Government of Syria. (c) Sanctions Described.--The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO COMMIT HUMAN RIGHTS ABUSES. (a) In General.--The President shall impose sanctions described in section 2(c) with respect to-- (1) each person on the list required by subsection (b); and (2) any person that-- (A) is a successor entity to a person on the list; (B) owns or controls a person on the list, if the person that owns or controls the person on the list had actual knowledge or should have known that the person on the list engaged in the activity described in subsection (b)(2) for which the person was included in the list; or (C) is owned or controlled by, or under common ownership or control with, the person on the list, if the person owned or controlled by, or under common ownership or control with (as the case may be), the person on the list knowingly engaged in the activity described in subsection (b)(2) for which the person was included in the list. (b) List.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described.-- (A) In general.--A person engages in an activity described in this paragraph if the person-- (i) transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Syria; or (ii) provides services with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Syria. (B) Applicability to contracts and other agreements.--A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (C) Goods or technologies described.--Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Syria or any of its agencies or instrumentalities to commit human rights abuses against the people of Syria, including-- (i) firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code), rubber bullets, police sticks, mace, stun grenades, tasers or other electroshock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology (as defined in section 5(c)). (3) Special rule to allow for termination of sanctionable activity.--The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that-- (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that the person will not knowingly engage in any activity described in paragraph (2) in the future. (4) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (5) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN CENSORSHIP IN SYRIA. (a) In General.--The President shall impose sanctions described in section 2(c) with respect to each person on the list required by subsection (b). (b) List of Persons Who Engage in Censorship.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have engaged in censorship, or activities relating to censorship, in a manner that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by citizens of Syria. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. SEC. 5. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS THAT EXPORT SENSITIVE TECHNOLOGY TO SYRIA AND THEIR AFFILIATES. (a) In General.--Except as provided in subsection (b), and pursuant to such regulations as the President may prescribe, the head of an executive agency may not enter into or renew a contract, on or after the date that is 90 days after the date of the enactment of this Act, for the procurement of goods or services with-- (1) a person that exports sensitive technology to Syria; or (2) any person that-- (A) is a successor entity to a person referred to in paragraph (1); (B) owns or controls a person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) has actual knowledge or should know that the person referred to in paragraph (1) exports sensitive technology to Syria; or (C) is owned or controlled by, or under common ownership or control with, a person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engages in the exportation by the person referred to in paragraph (1) of sensitive technology to Syria. (b) Authorization To Exempt Certain Products.--The President is authorized to exempt from the prohibition under subsection (a) only eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)). (c) Sensitive Technology Defined.-- (1) In general.--The term ``sensitive technology'' means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically-- (A) to restrict the free flow of unbiased information in Syria; or (B) to disrupt, monitor, or otherwise restrict speech of the people of Syria. (2) Exception.--The term ``sensitive technology'' does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (d) Special Rule To Allow for Termination of Sanctionable Activity.--The prohibition in subsection (a) shall not apply with respect to a person described in paragraph (1) or (2) of subsection (a) if the President certifies in writing to the appropriate congressional committees that-- (1) the person described in paragraph (1) of that subsection is no longer engaging in, or has taken significant verifiable steps toward stopping, exporting sensitive technology to Syria; and (2) the President has received reliable assurances that that person will not knowingly export sensitive technology to Syria in the future. SEC. 6. WAIVER. The President may waive the requirement to include a person on a list required by section 2, 3, or 4 or to impose sanctions pursuant to any such section, or the application of section 5(a), if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a report on the reasons for that determination. SEC. 7. TERMINATION. (a) In General.--The provisions of this Act and any sanctions imposed pursuant to this Act shall terminate on the date on which the President submits to the appropriate congressional committees-- (1) the certification described in subsection (b); and (2) a certification that-- (A) the Government of Syria is democratically elected and representative of the people of Syria; or (B) a legitimate transitional government of Syria is in place. (b) Certification Described.--A certification described in this subsection is a certification by the President that the Government of Syria-- (1) has unconditionally released all political prisoners; (2) has ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Syria engaged in peaceful political activity; (3) has ceased its practice of procuring sensitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expression; (4) has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the control of the Government of Syria; (5) has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles; (6) is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and (7) has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging in such activities and to assess the credibility of the assurances provided by that Government. (c) Suspension of Sanctions After Election of Democratic Government.--If the President submits to the appropriate congressional committees the certification described in subsection (a)(2), the President may suspend the provisions of this Act and any sanctions imposed under this Act for not more than one year to allow time for a certification described in subsection (b) to be submitted. SEC. 8. RECORDKEEPING. The President may prescribe such regulations requiring recordkeeping, reporting, and production of documents as the President determines appropriate to carry out this Act. SEC. 9. DEFINITIONS. In this Act, the terms ``appropriate congressional committees'' and ``knowingly'' have the meanings given those terms in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
Syria Human Rights Accountability Act of 2012 - Directs the President to submit, and update every 180 days and as new information becomes available, the following lists to Congress: (1) Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria; (2) persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or sensitive technology) that are likely to be used by Syria to commit human rights abuses against the Syrian people; and (3) persons who engage in censorship that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by Syrian citizens. Directs the President to impose specified property and finance-related sanctions on such listed persons and make them ineligible for U.S. entry. Authorizes the President to waive the listing of a person or the imposition of sanctions if in the U.S. national security interest. Prohibits the head of a federal agency from entering into or renewing a contract for the procurement of goods or services with a person (or a person owning or controlling such person) that exports sensitive technology to Syria. Authorizes the President to exempt certain products from such prohibition. Defines "sensitive technology" as hardware, software, telecommunications equipment, or any other technology that is used to: (1) restrict the free flow of unbiased information in Syria; or (2) disrupt, monitor, or otherwise restrict the speech of the Syrian people.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-the-Counter Hearing Aid Act of 2016''. SEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS. (a) In General.--Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the following: ``(o) Regulation of Over-the-Counter Hearing Aids.-- ``(1) Definition.--In this subsection, the term `over-the- counter hearing aid' means a device-- ``(A) that uses the same fundamental scientific technology as air conduction hearing aids (as defined in section 874.3300 of title 21, Code of Federal Regulations) (or any successor regulation) or wireless air conduction hearing aids (as defined in section 874.3305 of title 21, Code of Federal Regulations) (or any successor regulation); ``(B) that is intended to be used by adults to compensate for perceived mild to moderate hearing impairment; ``(C) that includes tools to allow the user to control the over-the-counter hearing aid and customize it to the user's hearing needs; ``(D) that may-- ``(i) use wireless technology; or ``(ii) include tests for self-assessment of hearing loss; and ``(E) that is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. ``(2) Regulation.--An over-the-counter hearing aid shall be subject to the regulations promulgated in accordance with section 2(b) of the Over-the-Counter Hearing Aid Act of 2016 and shall be exempt from sections 801.420 and 801.421 of title 21, Code of Federal Regulations (or any successor regulations).''. (b) Regulations To Establish Category.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), not later than 3 years after the date of enactment of this Act, shall promulgate proposed regulations to establish a category of over-the-counter hearing aids, as defined in subsection (o) of section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) as amended by subsection (a), and, not later than 180 days after the date on which the proposed regulations are issued, shall issue such final regulations. (2) Requirements.--In promulgating the regulations under paragraph (1), the Secretary shall-- (A) include requirements that provide reasonable assurances of the safety and efficacy of over-the- counter hearing aids, such as appropriate consumer labeling; and (B) describe the requirements under which the sale of over-the-counter hearing aids is permitted, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. (3) Premarket notification.--The Secretary shall make findings under section 510(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the- counter hearing aids (as defined in section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as amended by subsection (a)) require a report under section 510(k) to provide reasonable assurance of safety and effectiveness. (4) Effect on state law.--No State or local government shall establish or continue in effect any law, regulation, order, or other requirement related to the manufacturing, marketing, sale, customer support, or distribution of over-the- counter hearing aids (as defined in section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as amended by subsection (a)) through in-person transactions, by mail, or online, that is different from, in addition to, or otherwise not identical to, the regulations promulgated under this subsection. (c) Guidance.-- (1) Withdrawal of guidance.-- (A) Withdrawal.--Effective as of the date of enactment of this Act, the Secretary shall not use the draft guidance of the Department of Health and Human Services entitled, ``Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products'', issued on November 7, 2013, as the basis for any premarket review under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or for any related compliance or enforcement decisions or actions. (B) Interim guidance.--Until such time as new final guidance is issued under paragraph (2) to replace the guidance described in subparagraph (A), the draft guidance entitled ``Guidance for Industry and FDA Staff: Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products,'' issued on February 25, 2009, shall be in effect. (2) New guidance issued.--Not later than the date on which final regulations are issued under subsection (b), the Secretary shall update the draft guidance described in paragraph (1)(A). Such updated guidance shall clarify which products, on the basis of claims or other marketing, advertising, or labeling material, meet the definition of a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and which products meet the definition of a personal sound amplification product, as set forth in such guidance.
Over-the-Counter Hearing Aid Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must provide reasonable assurances of safety and efficacy and describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements for over-the-counter hearing aids that are not identical to FDA requirements. Until the FDA updates its draft guidance regarding hearing aids, previous draft guidance is in effect.
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SECTION 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. (a) In General.--Part 2 of subtitle D of title V of Public Law 103- 182 (22 U.S.C. 290m--290m-3) is amended by adding at the end the following: ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ``The President may agree to amendments to the Cooperation Agreement that-- ``(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and ``(2) amend the definition of `border region' to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.''. (b) Clerical Amendment.--Section 1(b) of such public law is amended in the table of contents by inserting after the item relating to section 544 the following: ``Sec. 545. Authority to agree to certain amendments to the Border Environment Cooperation Agreement.''. SEC. 2. ANNUAL REPORT. The Secretary of the Treasury shall submit annually to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on the North American Development Bank, which addresses the following issues: (1) The number and description of the projects that the North American Development Bank has approved. The description shall include the level of market-rate loans, non-market-rate loans, and grants used in an approved project, and a description of whether an approved project is located within 100 kilometers of the international boundary between the United States and Mexico or within 300 kilometers of the international boundary between the United States and Mexico. (2) The number and description of the approved projects in which money has been dispersed. (3) The number and description of the projects which have been certified by the Border Environment Cooperation Commission, but yet not financed by the North American Development Bank, and the reasons that the projects have not yet been financed. (4) The total of the paid-in capital, callable capital, and retained earnings of the North American Development Bank, and the uses of such amounts. (5) A description of any efforts and discussions between the United States and Mexican governments to expand the type of projects which the North American Development Bank finances beyond environmental projects. (6) A description of any efforts and discussions between the United States and Mexican governments to improve the effectiveness of the North American Development Bank. (7) The number and description of projects authorized under the Water Conservation Investment Fund of the North American Development Bank. SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE RIVER VALLEY. (a) Findings.--The Congress finds that-- (1) Texas irrigators and agricultural producers are suffering enormous hardships in the lower Rio Grande River valley because of Mexico's failure to abide by the 1944 Water Treaty entered into by the United States and Mexico; (2) over the last 10 years, Mexico has accumulated a 1,500,000-acre fee water debt to the United States which has resulted in a very minimal and inadequate irrigation water supply in Texas; (3) recent studies by Texas A&M University show that water savings of 30 percent or more can be achieved by improvements in irrigation system infrastructure such as canal lining and metering; (4) on August 20, 2002, the Board of the North American Development Bank agreed to the creation in the Bank of a Water Conservation Investment Fund, as required by Minute 308 to the 1944 Water Treaty, which was an agreement signed by the United States and Mexico on June 28, 2002; and (5) the Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; and (2) the Board of the North American Development Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE SOUTHERN CALIFORNIA AREA. It is the sense of the Congress that the Board of the North American Development Bank should support-- (1) the development of qualified water conservation projects in southern California and other eligible areas in the 4 United States border States, including the conjunctive use and storage of surface and ground water, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross-border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the 4 United States border States to desalinate ocean seawater and brackish surface and groundwater, and dispose of or manage the brines resulting from desalination. SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED STATES. (a) Findings.--The Congress finds as follows: (1) Irrigators and agricultural producers are suffering enormous hardships in the southwest United States. The border States of California, Arizona, New Mexico, and Texas are suffering from one of the worst droughts in history. In Arizona, this is the second driest period in recorded history and the worst since 1904. (2) In spite of decades of water conservation in the southwest United States, irrigated agriculture uses more than 60 percent of surface and ground water. (3) The most inadequate water supplies in the United States are in the Southwest, including the lower Colorado River basin and the Great Plains River basins south of the Platte River. In these areas, 70 percent of the water taken from the stream is not returned. (4) The amount of water being pumped out of groundwater sources in many areas is greater than the amount being replenished, thus depleting the groundwater supply. (5) On August 20, 2002, the Board of the North American Development Bank agreed to the creation in the bank of a Water Conservation Investment Fund. (6) The Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; (2) the Board of the North American Development Bank should support qualified water conservation projects that can assist irrigators and agricultural producers; and (3) the Board of the North American Development Bank should take into consideration the needs of all of the border states before approving funding for water projects, and strive to fund water conservation projects in each of the border states. SEC. 6. ADDITIONAL SENSES OF THE CONGRESS. (a) It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address coastal issues and the problem of pollution in both countries having an environmental impact along the Pacific Ocean and Gulf of Mexico shores of the United States and Mexico. (b) It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address air pollution. Passed the House of Representatives October 10, 2002. Attest: Clerk.
Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include the area in the United States within 100 kilometers of the international boundary and the area in Mexico within 300 kilometers of the international boundary between the two countries.(Sec. 2) Requires the Secretary of the Treasury to report annually to specified congressional committees on the North American Development Bank.(Sec. 3) Expresses the sense of Congress that water conservation projects are eligible for funding from the Bank under the Cooperation Agreement.Expresses the sense of Congress that the Board of Directors of the Bank should support with financing: (1) qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley; (2) conservation as well as new water supply research and desalination projects in the border States of California, Arizona, New Mexico, and Texas; and (3) projects which address coastal and water and air pollution issues on both sides of the international boundary between the United States and Mexico, including along the Pacific Ocean and Gulf of Mexico shores of both countries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Business Center Act of 2009''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year for not more than 5 years in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year for not more than 3 years in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver from all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income less than 75 percent of the national per capita income and an unemployment rate at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Iraqi Freedom or Operation Enduring Freedom exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the 1-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2010 and $14,000,000 for fiscal year 2011. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the armed forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every two years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran- owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2010 and 2011. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans.
Veterans Business Center Act of 2009 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Requires the Director to establish a program of grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs. Requires the Director to establish a program of grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process. Requires the Director to establish a program of grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities. Authorizes the Director to carry out a veterans entrepreneurial development summit. Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses. Directs the Comptroller General to carry out a study of the effects of this Act on small businesses owned and controlled by veterans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Go to High School, Go to College Act''. SEC. 2. EARLY COLLEGE FEDERAL PELL GRANT. Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by adding at the end the following: ``(k) Early College Federal Pell Grants.-- ``(1) In general.--Notwithstanding the requirement under section 484(a)(1) that a student not been enrolled in an elementary or secondary school to be eligible to receive a Federal Pell Grant under this section, for the award years beginning on July 1, 2014, and ending on June 30, 2020, the Secretary shall carry out a program to award Early College Federal Pell Grants to eligible students to support enrollment in, and completion of, postsecondary courses offered through an early college high school. ``(2) Maximum period for early college federal pell grants.--An eligible student may receive an Early College Federal Pell Grant under this subsection in an amount equal to the cost of not more than 4 full-time postsecondary semesters, or the equivalent of 4 full-time postsecondary semesters, as determined by the Secretary by regulation, while enrolled in postsecondary courses offered by an early college high school. ``(3) Counting of awards for purposes of federal pell grants.-- ``(A) In general.--An Early College Federal Pell Grant received under this subsection shall be counted toward the maximum period for which a student may receive Federal Pell Grants under this section, as provided under subsection (c)(5). ``(B) Waiver.--The Secretary may waive the requirement under subparagraph (A) on a case-by-case basis for any student demonstrating evidence of a credible disruption or redirection in course of study necessitating additional time to complete a postsecondary degree or credential. ``(4) Terms and conditions.-- ``(A) In general.--Except as provided in this subsection, an Early College Federal Pell Grant received under this subsection shall have the same terms and conditions, and be awarded in the same manner, as Federal Pell Grants awarded under this section. ``(B) Minimum completion.--An eligible student may only receive an Early College Federal Pell Grant under this subsection upon completion of a full-time postsecondary semester, or the equivalent of a full- time postsecondary semester, as determined by the Secretary by regulation. ``(C) Amount.--The Secretary shall pay an eligible institution that is engaged in a partnership as part of an early college high school an amount equal to the cost of tuition, fees, and books for each postsecondary course (including with respect to the postsecondary courses completed to satisfy the requirement under subparagraph (B)) an eligible student completes through such early college high school, provided such eligible student satisfies the requirement under subparagraph (B). ``(5) Reporting.--Each early college high school shall annually submit to the Secretary a report on the program of postsecondary courses provided to eligible students that includes the following information: ``(A) Total number and percentage of eligible students who enroll in and subsequently complete the program at the early college high school. ``(B) The number of postsecondary credits earned by eligible students while enrolled in the early college high school that may be applied toward a postsecondary degree or credential program. ``(C) The percentage of eligible students enrolled in the early college high school who concurrently earn a secondary school diploma and an associate degree or equivalent. ``(D) The percentage of early college high school graduates completing the program who enroll in a postsecondary institution. ``(E) The total amount of Early College Federal Pell Grants awarded to eligible students served by the early college high school. ``(6) Definitions.--In this subsection: ``(A) Early college high school.--The term `early college high school' means a partnership between a public secondary school and at least one eligible institution-- ``(i) that enables a student enrolled at such secondary school to simultaneously earn a secondary school diploma and postsecondary credits that are transferable to such eligible institution as part of an organized course of study toward a postsecondary degree or credential at no cost to the student or the family of the student; ``(ii) that offers students enrolled at such secondary school postsecondary courses provided by an eligible institution as part of a State-approved program of study that leads to a postsecondary degree, certificate, or general education core that is transferable to such eligible institution; ``(iii) that provides such students the opportunity to earn not less than 12 credit hours in such postsecondary courses; and ``(iv) that provides support, placement test prep strategies, tutoring, or comparable strategies to ensure student preparation for and success in college courses. ``(B) Eligible student.--The term `eligible student' means a student enrolled at an early college high school who, if such student met the requirements of section 484 for eligibility for a Federal Pell Grant, would be awarded a Federal Pell Grant after the determination of the expected family contribution for such student.''.
Go to High School, Go to College Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to carry out (from July 1, 2014, through June 30, 2020) a program awarding Early College Federal Pell Grants to students to support their enrollment in, and completion of, postsecondary courses offered through early college high schools. Deems students who would be eligible for a Federal Pell Grant if not for their enrollment in secondary school to be eligible for an Early College Federal Pell Grant upon their completion of a full-time postsecondary semester or its equivalent. Allows students to receive Early College Federal Pell Grants in an amount equal to the cost of not more than four full-time postsecondary semesters or the equivalent while enrolled in postsecondary courses offered by an early college high school. Counts Early College Federal Pell Grants toward the twelve semester, or equivalent, limit on a student's receipt of Federal Pell Grants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Interstate Waste Control Act''. SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Restriction on Receipt of Out-of-State Waste.--(1) Subject to subsection (f), the owner or operator of a landfill, incinerator, or other waste disposal facility in a State may not receive for disposal or incineration any municipal solid waste generated outside the State unless the owner or operator obtains authorization to receive such waste from the affected local government. Any such authorization shall be granted by formal action at a meeting and shall be recorded in writing in the official record of the meeting. The local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes of any authorization granted under this subsection. Subject to subsection (c), only 1 authorization per facility is required under this subsection. ``(2) Prior to formal action with respect to authorization to receive municipal solid waste generated outside the State, the affected local government shall require and make readily available to the Governor, adjoining local governments, any adjoining Indian tribes, and other interested persons for inspection and copying the following information from the owner or operator of the facility seeking such authorization: ``(A) A brief description of the planned facility, including facility size, ultimate waste capacity, and anticipated monthly and yearly waste volumes to be handled. ``(B) A map of the facility site indicating location in relation to the local road system and topography and hydrological features. This map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. ``(C) A description of the current environmental characteristics of the site, including information regarding ground water resources, and discussion of alterations that may be necessitated by or occur as a result of the facility. ``(D) A description of appropriate environmental controls to be utilized on the site, including runon/runoff management, air pollution control devices, source separation procedures, methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. This description also shall include a discussion of any waste residuals generated by the facility, including leachate or ash, and the planned management of such residuals. ``(E) A description of site access controls to be employed, roadway improvements to be made by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. ``(F) A list of all required Federal, State, and local permits. ``(G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. This information should distinguish between employment statistics for pre- and post-operational levels. ``(H) Such information as is required by State law to be provided with respect to any violations of environmental laws or regulations by the owner, the operator, and their subsidiaries, the disposition of enforcement proceedings taken with respect to such violations, and corrective action and rehabilitation measures taken as a result of such proceedings. ``(I) Such information as is required by State law to be provided with respect to gifts and contributions by the owner and operator. ``(J) Such information as is required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect pursuant to section 4007. ``(3) Prior to formal action with respect to authorization to receive municipal solid waste generated outside the State, the affected local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes, and publish notice of the action in a newspaper of general circulation at least 30 days before the hearing and again at least 15 days before the hearing, and provide an opportunity for public comment, including at least 1 public hearing, in accordance with State law. ``(b) Limitations on Applicability.-- ``(1) Landfills in operation.--Subsection (a) does not apply to an owner or operator of a landfill that-- ``(A) on the date of the enactment of this section, was in compliance with all applicable State laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action; and ``(B) during calendar year 1991, accepted, in accordance with State law as in effect during such calendar year, documented shipments of municipal solid waste generated outside the State, or, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization to accept such waste from the affected local government. ``(2) Landfills under construction or in planning process.--(A) Subject to subparagraph (B), subsection (a) does not apply to a person who-- ``(i) is planning to own or operate a landfill; and ``(ii) before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization from the affected local government to accept at such landfill municipal solid waste generated outside the county or the State in which the landfill is located. ``(B) The limitation on applicability contained in subparagraph (A) shall terminate if the landfill, before or after construction, fails to meet all State laws and regulations relating to design and location standards, leachate collection, ground water monitoring, or financial assurance for closure and post closure care and corrective action. ``(3) Incinerators and other facilities.--Subsection (a) does not apply to either of the following: ``(A) An owner or operator of an incinerator or other waste disposal facility (other than a landfill) that, during calendar year 1991, accepted documented shipments of municipal solid waste generated outside the State or, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization to accept such waste from the affected local government. ``(B) A person who is planning to own or operate an incinerator or other waste disposal facility (other than a landfill) and who, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization from the affected local government to accept municipal solid waste generated outside the State at such incinerator or facility. ``(c) Treatment of Expansions of Facilities.-- ``(1) In general.--Except as provided in paragraph (2), the expansion of a landfill, incinerator, or other waste disposal facility shall be considered, for purposes of subsection (a), to be a separate facility requiring authorization in order to accept waste generated outside the State. ``(2) Exception.--A landfill, incinerator, or other waste disposal facility may be expanded for purposes of receiving waste generated outside the State without an authorization under subsection (a) to accept such waste at the expansion only if-- ``(A) with respect to a facility for which the owner or operator has obtained authorization as described in subsection (a) or in paragraph (1), (2), or (3) of subsection (b), at the time the owner or operator obtained such authorization-- ``(i) the owner or operator owned or possessed an option to purchase the land on which the expansion of the facility is proposed to occur; and ``(ii) the area of expansion of the facility was indicated in documents filed with the affected local government before obtaining such authorization; or ``(B) with respect to a facility described in paragraph (1) or (3) of subsection (b) for which the owner or operator is not required to obtain authorization, the owner or operator, during calendar year 1991, owned or possessed an option to purchase the land on which the expansion of the facility is proposed to occur. ``(d) Restriction on Local Government Control by Governor.--In any case in which an affected local government is considering granting an authorization to receive municipal solid waste generated outside the State, and the disposal or incineration of such waste precludes the use of solid waste management capacity that is identified under the State plan to be used for disposal or incineration of municipal solid waste generated within the region (identified under section 4006(a)) in which the local government is located, the Governor may prohibit the affected local government from granting the authorization. ``(e) Authority of Governor to Restrict Out-of-State Municipal Solid Waste.-- ``(1)(A) Except as provided in paragraph (5), if requested in writing by both an affected local government, and an affected local solid waste planning unit (if such a local solid waste planning unit exists under State law), a Governor may, with respect to landfills to which subsection (a) does not apply (as set forth in paragraphs (1) and (2) of subsection (b)), limit the amount of out-of-State municipal solid waste received for disposal at each such landfill in the State to an amount equal to the amount of out-of-State municipal solid waste received for disposal at the landfill during calendar year 1991 or any 12 consecutive months between January 1, 1991, and June 30, 1992, whichever is less, as determined by the Governor in submitting information under paragraph (4). ``(B) Prior to submitting a request under this section to limit the disposal of out-of-State municipal solid waste, the affected local government and the affected local solid waste planning unit, if any, shall-- ``(i) provide notice and opportunity for public comment concerning any such proposed request; and ``(ii) following notice and comment, take formal action upon any such proposed request at a public meeting. ``(3) In responding to requests by affected local governments under paragraph (1)(A), the Governor shall respond in a consistent manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. ``(4)(A) Any Governor who intends to exercise the authority provided in this subsection shall, within 60 days after the date of enactment of this section, submit to the Administrator information documenting the amount of out-of-State municipal solid waste received for disposal in the Governor's State during calendar year 1991 and the first six months of calendar year 1992. ``(B) Upon receipt of such information, the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 120 days after the date of enactment of this section, the Administrator shall publish a list of the amount of out-of-State municipal solid waste that was received at each landfill to which subsection (a) does not apply (as set forth in paragraphs (1) and (2) of subsection (b)) for disposal in the State during calendar year 1991 and the first six months of calendar year 1992, as determined by the Governor in submitting information under subparagraph (A). ``(5) A Governor may not exercise the authority granted under this subsection if such action would be inconsistent with State law or would result in the violation of or failure to perform any provision of-- ``(i) a written, legally binding contract, including a host agreement, that was lawfully entered into by the owner or operator of a landfill and the affected local government and which authorizes the landfill to receive municipal solid waste generated outside the jurisdiction of the affected local government; or ``(ii) a written, legally binding contract for disposal at a landfill of municipal solid waste generated outside the State in which the landfill is located that was in effect on May 31, 1992. ``(f) Continued Applicability of Section Conditioned on Certain Landfill Requirements.--Subsections (a) through (e) of this section shall not apply after January 1, 1997, in a State unless each operating municipal solid waste landfill in the State-- ``(1) meets the design and location standards that are applicable to landfills constructed on and after October 1993; or ``(2) is on an enforceable schedule-- ``(A) to stop receiving waste by January 1, 2000; and ``(B) to implement a closure plan. ``(g) Definitions.--As used in this section: ``(1) The term `affected local government', with respect to a landfill, incinerator, or other waste disposal facility, means the elected officials of the city, town, borough, county, or parish in which the facility is located. Within 90 days after enactment of this section, the Governor of each State shall designate and publish notice of which entity listed in the preceding sentence shall serve as the affected local government for purposes of actions taken under this section after the date of publication of such notice. No such designation shall affect host agreements concluded before the date of publication of such notice. If the Governor fails to make such designation, the affected local government shall be the city, town, borough, county, parish, or other public body created by or pursuant to State law with primary jurisdiction over the use of the land on which the facility is located or proposed to be located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with state law. ``(3) The term `out-of-State municipal solid waste', with respect to a State, means municipal solid waste generated outside of the State. ``(4) The term `municipal solid waste' means solid waste that is refuse (and refuse-derived fuel) generated by the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and noncombustible materials such as metal, glass, and rock. The term does not include-- ``(A) hazardous waste or waste containing polychlorinated biphenyls; ``(B) industrial waste; ``(C) medical waste; ``(D) recyclable materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal; and ``(E) materials and products returned from a dispenser or distributor to the manufacturer or its agent for credit, evaluation, and possible reuse. ``(5) The term `host agreement' means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that authorizes the landfill or incinerator to receive municipal solid waste generated outside the jurisdiction of the affected local government.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation and disposal of municipal solid waste.''.
Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government. Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1991, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste; (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment; and (3) incinerators that accepted such waste during 1991 or obtained authorization before this Act's enactment. Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur; and (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization; or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1991. Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region. Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements. Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993; or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``VOW to Hire Heroes Extension Act of 2012''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS. (a) In General.--Clause (i) of section 51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2016''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2012. SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Pre-screening of qualified veterans.-- ``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains-- ``(I) qualified veteran status documentation, ``(II) qualified proof of unemployment compensation, and ``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under clauses (I) and (II) is true. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN CIRCUMSTANCES. (a) In General.--Paragraph (2) of section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``qualified tax-exempt organizations'' in the heading and inserting ``certain employers'', and (2) by striking ``by qualified tax-exempt organizations'' and inserting ``by certain employers''. (b) Credit Allowed to Certain For-Profit Employers.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization'' in paragraph (1), (2) by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization'' in paragraph (1), (3) by inserting ``or for-profit employer'' after ``employees of the organization'' each place it appears in paragraphs (1) and (2), (4) by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account'' in subparagraph (C) of paragraph (3), (5) by inserting ``or for-profit employer'' after ``the organization'' in paragraph (4), (6) by redesignating subparagraph (B) of paragraph (5) as subparagraph (C) of such paragraph, by striking ``and'' at the end of subparagraph (A) of such paragraph, and by inserting after subparagraph (A) of such paragraph the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and'', and (7) by striking ``has meaning given such term by section 51(d)(3)'' in subparagraph (C) of paragraph (5), as so redesignated, and inserting ``means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 5. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. (a) Payments to Possessions.-- (1) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.
VOW to Hire Heroes Extension Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2016 the work opportunity tax credit for hiring veterans, (2) revise tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extend the payroll tax offset for such credit to certain for-profit employers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act''. SEC. 2. INTERIM DIRECTED SERVICE. (a) Transfer of Ownership.--Effective on the date of the enactment of this Act-- (1) title to all property of the National Railroad Passenger Corporation necessary for the operation of the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and the Autotrain shall transfer to the Secretary of Transportation; and (2) the note and mortgage described in section 24907 of title 49, United States Code, is canceled, in consideration for the transfer described in paragraph (1). (b) Interim Operations.--The Secretary of Transportation shall ensure the continuation of maintenance and dispatching of service on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and of the Autotrain, until directed service is initiated under subsection (c). The Secretary is authorized to use personnel of the National Railroad Passenger Corporation to carry out this subsection. (c) Directed Service.--Not later than 3 months after the date of the enactment of this Act, the Secretary of Transportation shall complete a competitive selection of an entity or entities to maintain and dispatch service on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and for the Autotrain, and shall take such actions as are necessary to initiate and maintain such directed service until the disposition of such operations pursuant to sections 3 and 4, and for such additional time as is necessary to ensure the orderly transition of operations under those sections. In carrying out this subsection, the Secretary and any entity or entities selected by the Secretary shall have the powers and authorities, including access rights, of the National Railroad Passenger Corporation with respect to the service involved. SEC. 3. NORTHEAST CORRIDOR. (a) Comptroller General Analysis.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall transmit to the Secretary of Transportation a report analyzing the capital requirements needed to ensure that the Northeast Corridor can be operated in a financially viable manner. (b) Determination of Appropriate Disposition.--Not later than 2 years after the date of the enactment of this Act, the Secretary, after considering the prospects of financial viability, including capital requirements as reported under subsection (a) and proposed financing options, shall determine which of the following options is most appropriate for the disposition of the operations (and all necessary supporting property) described in section 2(b) and (c) with respect to the Northeast Corridor: (1) Transfer of such operations to an interstate compact, entered into under section 410 of the Amtrak Reform and Accountability Act of 1997, consisting of the States of the Northeast Corridor. (2) Transfer of such operations to a new quasi-governmental corporation or to a private sector corporation. (3) Retention of ownership by the Secretary of Transportation, with competitive franchising, by 1 or more entities, of the management and dispatching of service. The Secretary shall transmit to the Congress a report on the determination made under this subsection. (c) Implementation.--Not later than 6 months after a determination is made under subsection (b), the Secretary shall implement the appropriate disposition as so determined. SEC. 4. AUTOTRAIN. (a) Determination of Appropriate Disposition.--Not later than 1 year after the date of the enactment of this Act, the Secretary, after considering the prospects of financial viability, including capital requirements and proposed financing options, shall determine which of the following options is most appropriate for the disposition of the operations (and all necessary supporting property) described in section 2(b) with respect to the Autotrain: (1) Transfer of such operations to a new quasi-governmental corporation or to a private sector corporation. (2) Retention of ownership by the Secretary of Transportation, with competitive franchising, by 1 or more entities, of the management and operations. The Secretary shall transmit to the Congress a report on the determination made under this subsection. (b) Implementation.--Not later than 6 months after a determination is made under subsection (a), the Secretary shall implement the appropriate disposition as so determined. SEC. 5. FUNDING. (a) Retention of Amounts.--The Secretary of Transportation shall retain all amounts appropriated by the Federal Government for fiscal year 2002 for the National Railroad Passenger Corporation that have not been provided to the National Railroad Passenger Corporation, and such amounts shall be available to the Secretary for carrying out this Act. (b) Transfer of Amounts.--The National Railroad Passenger Corporation shall transfer to the Secretary of Transportation all amounts appropriated by the Federal Government for fiscal year 2002 and provided to the National Railroad Passenger Corporation, and such amounts shall be available to the Secretary for carrying out this Act. SEC. 6. NONAPPLICABILITY OF PROVISION. A local governmental authority (as defined in section 5302(a)(6) of title 49, United States Code) shall not be subject to any obligation under any arrangement pursuant to section 5333(b) of title 49, United States Code, with respect to employees of the National Railroad Passenger Corporation providing services to such authority pursuant to a contract between the authority and the National Railroad Passenger Corporation.
Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act - Transfers title to all property of the National Railroad Passenger Corporation (Amtrak) consisting of the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and the Autotrain to the Secretary of Transportation in consideration of the cancellation of a certain note and mortgage between Amtrak and the U.S. Government for the acquisition and improvement of such property and certain other rail properties.Directs the Secretary to provide for the competitive selection of an entity or entities to maintain and dispatch service operations on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and for the Autotrain, until the Secretary makes a determination for the disposition of such operations, including: (1) transfer of such operations to an interstate compact consisting of the States of the Northeast Corridor; (2) transfer of such operations to a new quasi-governmental corporation or to a private sector corporation; or (3) retention of ownership by the Secretary, with competitive franchising, by one or more entities, of the management and dispatching of service.Requires the Secretary to retain, and Amtrak to transfer to the Secretary, all amounts appropriated by the U.S. Government for FY 2002 for Amtrak that have not been provided to it, as well as those funds that have been.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``LEO Fair Retirement Act of 2014''. (b) Findings.--Congress finds the following: (1) Federal law enforcement officers are never ``off- duty''. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's armed forces, theirs is the only occupation comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation, in the form of either Law Enforcement Availability Pay (``LEAP'') or Administratively Uncontrollable Overtime (``AUO''). (4) Under current law, LEAP by its very nature is provided to law enforcement officers to ensure that they are ``available'', that they will be ``generally and reasonably accessible by the agency'' in excess of the 40-hour workweek to perform unscheduled duty based on the agency's needs. (5) Similarly, AUO was established to provide overtime to certain law enforcement officers in positions where ``the hours of duty cannot be controlled administratively'' and that require ``substantial amounts of irregular, unscheduled overtime duty''. (6) Because both LEAP and AUO compensation are subject to the pay caps, they are payable to a Federal law enforcement officer only to the extent that the payments do not cause the aggregate of the employee's basic pay and premium pay to exceed the established caps. (7) In light of the continuing homeland and national security threats facing our Nation, and after a three-year Federal pay freeze, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by guaranteeing Federal law enforcement officers full credit in retirement for overtime hours worked but never paid. SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT AVAILABILITY PAY AND ADMINISTRATIVELY UNCONTROLLABLE OVERTIME LIMITATIONS. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by an individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. ``(2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section.''. (2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by any individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5545a or 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. ``(2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section.''. (c) Application.--The amendments made by this section shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act.
LEO Fair Retirement Act of 2014 - Provides that for purposes of computing the annuity of a federal law enforcement employee under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS), the law enforcement availability pay and administratively uncontrollable overtime pay earned by such employee in excess of limitations imposed on such pay shall be included in the average pay of such employee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Merchant Marine Utilization and Preference Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that, for national defense, it is in the interest of the United States that a clear understanding exists among the Department of Transportation and the Department of Defense, in particular, and all other Federal departments and agencies, that all Federal departments and agencies have complementary interests in the control and utilization of ocean-going merchant vessels that are registered or documented under the laws of the United States. (b) Policy.--It is the policy of the United States that-- (1) the Federal Maritime Administration and its wartime counterpart have broad powers of control over ocean-going United States-flag merchant vessels; and (2) the Secretary of Defense, operating under the national policy promulgated in section 101 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1101), ensure that military drafts of United States-flag merchant vessels (including breakbulk, roll- on-roll-off, lift-on lift-off (cellularized and containerized), multipurpose carriers, tankers, and various auxiliaries), are operated in conformity with the requirements and plans of the Department of Defense and military exigencies. SEC. 3. PURPOSE. The purpose of this Act is to-- (1) clarify the Department of Defense cargoes transported by water that are required to be transported on privately owned United States-flag vessels; (2) clarify the Department of Defense cargoes transported by water that may be transported on vessels that are owned, controlled, or chartered by the Government of the United States; and (3) reduce to a minimum the number of cargo transport vessels maintained and operated by the Military Sealift Command in order to give preference to privately owned United States- flag vessels for transportation by water of Department of Defense cargoes. SEC. 4. TRANSPORTATION BY WATER OF DEPARTMENT OF DEFENSE CARGOES. Section 2631 of title 10, United States Code, is amended to read as follows: ``Sec. 2631. Transportation by water of Department of Defense cargoes ``(a) Except as otherwise provided in this section, under conditions other than full or partial mobilization declared by the President, transportation by water for Department of Defense cargoes shall be obtained, consistent with military requirements and prudent management, in the following order of priority: ``(1) To the maximum extent practicable, use of privately owned United States-flag vessels that are-- ``(A) operating in United States liner or tramp trades, and ``(B) not chartered to the Government. ``(2)(A) Time charter or voyage charter of suitable privately owned United States-flag vessels-- ``(i) operating in liner service providing partial or total space available, or ``(ii) operating in tramp service, to the extent those vessels are voluntarily made available to the Department of Defense. ``(B) Time charters and voyage charters pursuant to this paragraph shall be kept to the minimum necessary to meet requirements which, barring reasonable foresight, cannot be met by United States-flag liner or tramp operators. ``(3)(A) In the event suitable United States-flag vessels are not available in accordance with paragraphs (1) and (2), and upon the written approval of the Secretary of Transportation, use of-- ``(i) vessels in the nucleus fleet established under section 2631a; and ``(ii) to the extent vessels in the nucleus fleet are not available, as determined by the Secretary of Defense, foreign-flag vessels to the extent necessary to meet urgent military requirements. ``(B) Any use of a foreign-flag vessel pursuant to this paragraph shall be limited to a single voyage. ``(b)(1) Except as provided in paragraph (2), any appropriate tariff that a person has filed with the Federal Maritime Commission under either the Shipping Act of 1916 or the Shipping Act of 1984 shall apply to transportation of Department of Defense cargo on any United States-flag vessel that is operated by that person. ``(2)(A) This section does not prohibit an agency that is responsible for procuring transportation of Department of Defense cargo from procuring that transportation from a person at a negotiated rate that is more favorable to the United States Government than a tariff filed by that person that is otherwise applicable under paragraph (1). ``(B) Any rate that is negotiated under this subparagraph shall be filed with the Federal Maritime Commission in the manner prescribed by the Commission. ``(c)(1) The Office of the Chief of Naval Operations shall be solely responsible in the Department of Defense for obtaining, providing, operating, and controlling Government-owned or Government- chartered vessels-- ``(A) to transport Department of Defense cargoes in areas that are not served by privately owned United States-flag merchant vessels; and ``(B) for purposes of any partial or full mobilization conducted for any reason declared by the President. ``(2)(A) The Military Sealift Command is the sole manager for ocean transportation of Department of Defense cargoes. ``(B) The purpose of any ocean transportation provided by the Department of Defense is to support and augment persons who provide transportation by water in commercial service to the extent those persons cannot provide the vessels or services required by the Department of Defense. ``(C) Except as provided in this section and section 2631a, the Department of Defense shall not engage in competition with private persons in the provision of transportation by water in commercial service.''. SEC. 5. NUCLEUS FLEET. Chapter 157 of title 10, United States Code, is amended by inserting after section 2631 the following: ``Sec. 2631a. Nucleus fleet ``(a)(1) The Secretary of Defense shall establish and maintain at all times under the exclusive custody, jurisdiction, and control of the Department of Defense, a fleet of vessels, of a size and composition appropriate to meet military requirements. Such fleet shall be known as the `nucleus fleet'. ``(2) The nucleus fleet may be comprised of-- ``(A) Government-owned vessels, operated by either-- ``(i) the Military Sealift Command or other Department of Defense agency with civil service employees, or ``(ii) companies that are citizens of the United States under section 2 of the Shipping Act, 1916, with commercial crews; or ``(B) privately owned United States-flag vessels that are chartered by the Department of Defense. ``(b)(1) Under conditions other than full mobilization, the nucleus fleet-- ``(A) shall consist of such number and types of vessels as is appropriate to respond to changes in the military situation, as determined by the Secretary of Defense; and ``(B) may include transport, cargo, tanker, roll-on roll- off, lift-on lift-off, geared, and nongeared vessels and auxiliaries in appropriate numbers-- ``(i) to carry out logistic needs of the military departments which cannot be met by private United States commercial interests; ``(ii) to provide immediate capability in an emergency; and ``(iii) to provide an adequate base for necessary expansion to meet emergency or mobilization requirements in support of approved plans for national defense, national emergency, national mobilization, or national interest. ``(2)(A) Under conditions other than full mobilization, that portion of the nucleus fleet maintained for purposes of transportation by water shall remain within close tolerance to the following numbers of vessels by types: ``(i) 10 dry cargo vessels. ``(ii) 22 tanker vessels. ``(B) The numbers set forth in subparagraph (A)(i) and (ii)-- ``(i) shall be reduced by one for each vessel deactivated under subsection (c)(2)(A) or for which a contract of charter is terminated under subsection (c)(2)(B); and ``(ii) are subject to review and redetermination by the Secretary of Defense in accordance with military operation requirements. ``(C) Any change in the composition of the nucleus fleet from the numbers and types of vessels specified in subparagraph (A)(i) and (ii) shall not be effective unless-- ``(i) a request for that change is submitted by the Secretary of the Navy to the Secretary of Defense; ``(ii) the change is approved by the Secretary of Defense; and ``(iii) the change is reported to the Congress with supporting rationale. ``(3) In addition to the numbers of vessels specified under paragraph (2), the nucleus fleet may include such miscellaneous service support vessels and naval fleet auxiliary vessels as the Military Sealift Command determines to be necessary to retain and operate for purposes of providing indirect support of other vessels of the Department of the Navy. ``(c)(1) If a vessel in the nucleus fleet is inactive for a period of 30 days, it shall be placed in reduced operating status. ``(2) If vessel in the nucleus fleet is inactive for 120 days-- ``(A) in the case of a vessel that is owned by the United States, it shall be deactivated and placed in reserve or disposed of, as considered appropriate by the Secretary of Defense; and ``(B) in the case of a privately owned vessel, the contract under which it is chartered shall be terminated on the earliest possible date. ``(d)(1) Under conditions of full mobilization, in addition to the numbers and types of vessels authorized under subsections (a), (b), and (c)-- ``(A) the nucleus fleet may be augmented by those types and numbers of vessels determined to be appropriate by the Secretary of Defense, in accordance with the priority established under section 2631(a); ``(B) the specific types of vessels to be added to the nucleus fleet, and an appropriate schedule for their transfer to or acquisition for the nucleus fleet, shall be determined only by the Chief of Naval Operations. ``(2)(A) Any vessels to be added to the nucleus fleet pursuant to paragraph (1) shall be provided by the Secretary of Transportation in accordance with mobilization procedures approved by the Secretary of Defense. ``(B) In addition to additional vessels provided under subparagraph (A) for the nucleus fleet, the Secretary of Transportation shall provide to the Secretary of Defense such additional miscellaneous service support vessels and naval fleet auxiliary vessels as the Secretary of Defense determines to be necessary for purposes of providing indirect support of other vessels of the Department of the Navy for purposes of a full mobilization. ``(3) During periods of full or partial mobilization, the Secretary of Defense shall-- ``(A) continuously review the number of merchant vessels under the control of the Department of Defense; ``(B) determine any of those vessels that are excess to the needs of the department; and ``(C) transfer to the Secretary of Transportation such excess vessels. ``(4)(A) Upon the termination of hostilities or in the event of a partial demobilization prior to the termination of hostilities, the nucleus fleet shall be reduced to the numbers and types of vessels in the fleet before full mobilization, as determined by the Secretary of Defense. ``(B) In the event of a reduction in the nucleus fleet under this paragraph, any vessels in the fleet that are retained as part of either the active or laid-up permanent operating forces of the Department of the Navy shall be released from control by the Department of Defense in the following order of priority: ``(i) Foreign-flag vessels that are under charter. ``(ii) United States-flag vessels that are under charter from private owners. ``(iii) United States Government-owned merchant vessels that are desired for sale or charter by United States citizens for United States-flag operation in commercial service. ``(C) Vessels that are sold or chartered pursuant to subparagraph (B)(iii) are deemed to be war-built vessels for purposes of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.).''. SEC. 6. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2631 and inserting the following: ``2631. Transportation by water of Department of Defense cargoes. ``2631a. Nucleus fleet.''. SEC. 7. READY RESERVE FORCE. Section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744) is amended by adding at the end the following: ``(e) Use of Vessels in Ready Reserve Force.-- ``(1) Use in peacetime.--Vessels in the Ready Reserve Force component of the National Defense Reserve Fleet may be used in peacetime for routine movements of cargo as part of military exercises only if that use does not compete with United States- flag commercial vessel operators. ``(2) Deactivation following national emergency.--A vessel in the Ready Reserve Force component of the National Defense Reserve Fleet that is activated to meet military sealift requirements associated with a national emergency shall be deactivated in an expeditious manner if those requirements no longer exist.''.
United States Merchant Marine Utilization and Preference Act of 1993 - Requires Department of Defense (DOD) cargoes to be transported by water in the following order of priority under conditions other than full or partial mobilization declared by the President: (1) use of privately owned U.S. flag vessels that operate in U.S. liner or tramp trades and not chartered by the Government; (2) time or voyage charter of privately owned U.S. flag vessels operating in liner service providing partial or total space available or in tramp service if they are voluntarily made available to DOD; (3) vessels in the nucleus fleet; and (4) foreign flag vessels. Limits the use of time and voyage charters to a minimum necessary to meet requirements which can not be met by U.S. flag liner or tramp operators. Applies the tariff filed by a person with the Federal Maritime Commission under the Shipping Act of 1916 or of 1984 to transportation of DOD cargo on any U.S. flag-vessel that is operated by that person, with exceptions. Makes the Military Sealift Command the sole manager for ocean transportation of DOD cargoes. Prohibits DOD from engaging in competition with private persons in the provision of transportation by water in commercial service except as provided under this Act. Directs the Secretary of Defense to maintain a fleet of vessels (the "nucleus fleet") to meet military requirements. Places a vessel in the nucleus fleet in reduced operating status if it is inactive for a 30-day period. Sets forth additional requirements for the deactivation of vessels. Prescribes guidelines for the inclusion of additional numbers and types of vessels in the nucleus fleet under conditions of full mobilization. Amends the Merchant Ship Sales Act of 1946 to authorize the use of Ready Reserve Force vessels of the National Defense Reserve Fleet in peacetime for routine movements of cargo as part of military exercises only if such use does not compete with U.S. flag commercial vessel operators.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research and Education Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Pulmonary hypertension is a serious and often fatal condition where the blood pressure in the lungs rises to dangerously high levels. In pulmonary hypertension patients, the walls of the arteries that take blood from the right side of the heart to the lungs thicken and constrict. As a result, the right side of the heart has to pump harder to move blood into the lungs, causing it to enlarge and ultimately fail. (2) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in pulmonary hypertension must be expanded, and collaboration among top pulmonary hypertension research centers must be increased. (3) Pulmonary hypertension remains a difficult diagnosis and is rarely picked up in a routine medical examination. Even in its later stages, the signs of the disease can be confused with other conditions affecting the heart and lungs. The use of new diagnostic standards has been positively related to the rates of diagnosis. (4) In the more advanced stages of pulmonary hypertension, the patient is able to perform only minimal activity and has symptoms even when resting, resulting in considerable disability. The disease may worsen to the point where the patient is completely bedridden. (5) In 1981, the National Heart, Lung, and Blood Institute established the first pulmonary hypertension patient registry in the world. The registry followed 194 people with pulmonary hypertension over a period of at least one year and, in some cases, more than seven years. Much of what is known about the illness today stems from this study. (6) Because the cause of pulmonary hypertension is still not fully understood and there is still not a cure for pulmonary hypertension, basic research studies are focusing on the possible involvement of immunologic and genetic factors in the cause and progression of pulmonary hypertension, looking at agents that cause narrowing of the pulmonary blood vessels, and identifying factors that cause growth of endothelial and smooth muscle cells, and formation of scar tissue in the vessel walls. (7) As research progresses, so do treatments for pulmonary hypertension. Currently, there are six FDA-approved medications for pulmonary hypertension and several more in trials. However, not all medications are effective in all patients. In addition, all pulmonary hypertension treatments have significant negative side effects that impact patients' quality of life. Lung transplantation is often considered a treatment of last resort for pulmonary hypertension. (8) The number of physicians who treat pulmonary hypertension, and the number of pulmonary hypertension patients receiving treatment, has grown exponentially over the past decade, leading to the need for increased education of medical professionals. In 2001, there were 100 identified physicians treating pulmonary hypertension, and 3,000 patients receiving treatment. In 2006, there were an estimated 3,000 such physicians and 30,000 such patients. While pulmonary hypertension treatment now includes the option of relatively easy to administer oral therapies, effective management of pulmonary hypertension remains complicated. Given the increase in the number of physicians treating pulmonary hypertension, education of medical professionals about pulmonary hypertension management is critical to ensure optimal patient care. (9) In December 2006, the National Heart, Lung, and Blood Institute hosted a landmark meeting of pulmonary hypertension researchers and clinicians throughout the world. Over 500 individuals attended, making this the largest such meeting organized by a Federal department for this disease. During the meeting, there was clear consensus that communication among researchers is key to future advancement in the fight against this devastating and expensive disease. SEC. 3. PULMONARY HYPERTENSION CLINICAL RESEARCH NETWORK; EXPANSION OF PULMONARY HYPERTENSION RESEARCH AND TRAINING. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``pulmonary hypertension ``Sec. 424C. ``(a) In General.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. ``(b) Establishment of Pulmonary Hypertension Clinical Research Network.-- ``(1) Not later than one year after the date of the enactment of this section, the Director of the Institute shall establish a Pulmonary Hypertension Clinical Research Network (in this section referred to as the `network'). The purpose of the network shall be to conduct multiple clinical trials to evaluate new treatment approaches for pulmonary hypertension and facilitate collaboration among investigators with expertise in pulmonary hypertension. The network shall consist of the following: ``(A) No fewer than 15 clinical centers designated by the Director. ``(B) An institute project scientist, as defined and appointed by the Director. ``(C) A data and coordinating center, as defined and appointed by the Director. ``(D) A data and safety monitoring board, as defined and appointed by the Director. ``(E) A steering committee comprised of the principal investigators from each clinical center described under subparagraph (A), the data and coordinating center described in subparagraph (C), and the institute project scientist described in subparagraph (B). ``(F) An independent protocol review committee, as defined and appointed by the Director. ``(2) Steering committee.--The steering committee described in paragraph (1)(E) shall determine the specific clinical trials to be performed under this section, establish standards for subject selection and characterization for such trials, develop detailed protocols for such trials, and analyze and publish the results of such trials. Possible clinical trials shall include: ``(A) Combination therapies for pulmonary hypertension. ``(B) New avenues of drug therapy based on recognized cellular defects in pulmonary hypertension that are not impacted by current treatment. ``(C) Use of endothelial progenitor cells for replacement of abnormal pulmonary vascular cells in pulmonary hypertension. ``(D) Discovery of treatment effects which are most predictive of long-term outcome. ``(3) Program management; appointments.-- ``(A) In general.--The Institute shall be responsible for organizing and providing support for the network. ``(B) Institute project scientist.--The institute project scientist appointed under paragraph (1)(B) shall-- ``(i) monitor the recruitment of subjects for the trials and the progress of the trials; ``(ii) ensure disclosure of conflicts of interest and adherence of the conduct of the clinical trials to the policies of the Institute; and ``(iii) conduct, with the institute grants management specialist described in subparagraph (C), the fiscal management of the network. ``(C) Institute management specialist.--An institute grants management specialist (as defined and appointed by the Director) shall assist the institute project scientist in conducting the fiscal management of the network under subparagraph (B)(iii). ``(D) Additional appointments.--The Director shall appoint the Chair of the steering committee described in paragraph (1)(E) and all members of the protocol review committee under paragraph (1)(F) and the data safety monitoring board under paragraph (1)(D). ``(c) Pulmonary Hypertension Preceptorship and Training Program.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of the Institute shall carry out a grant program under which the Director makes a grant to (or enters into a contract with) a national nonprofit entity with expertise in pulmonary hypertension to establish and administer a national Pulmonary Hypertension Preceptorship and Training Program (in this section referred to as the `program'). ``(2) Purpose.--The program shall facilitate the direct education and training of medical professionals (including cardiologists, pulmonologists, rheumatologists, and primary care physicians) by experienced pulmonary hypertension specialists in clinical settings. The purpose of the program is to increase the number of physicians in the United States trained to effectively diagnosis, treat, and manage pulmonary hypertension. ``(3) Regional training sites.--To carry out the purpose of the program described in paragraph (2), the entity awarded the grant (or contract) under paragraph (1) shall under the program facilitate the creation of no fewer than five regional training sites across the United States at academic health centers, hospitals, or private medical practices recognized for their expertise in pulmonary hypertension. ``(4) Regional site contacts.--Under the program-- ``(A) each regional training site shall identify a site contact; and ``(B) the Director shall specify a percentage of the grant funds required to be allocated for purposes of providing each such site contact with a stipend. ``(5) Participant recruitment and program guidelines.--The nonprofit entity awarded the grant (or contract) under paragraph (1) shall establish mechanisms for identifying and enrolling interested health professionals in the program. The nonprofit entity shall also work with the regional training sites under paragraph (3) and the Institute to establish model guidelines for the program. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012.''. SEC. 4. INCREASING PUBLIC AWARENESS OF PULMONARY HYPERTENSION. (a) Pulmonary Hypertension Education Program.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding pulmonary hypertension, including materials on-- (1) basic information on pulmonary hypertension and its symptoms; (2) the incidence and prevalence of pulmonary hypertension; (3) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (4) the importance of early diagnosis; and (5) the availability, as medically appropriate, of a range of treatment options and pulmonary hypertension. (b) Dissemination of Information.--The Secretary of Health and Human Services shall disseminate information under subsection (a) through arrangements with a national non-profit entity with expertise in pulmonary hypertension. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. SEC. 5. DISSEMINATION OF INFORMATION TO HEALTH PROFESSIONALS ON PULMONARY HYPERTENSION. (a) Dissemination of Information.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to health care providers information on pulmonary hypertension for the purpose of ensuring that providers remain informed about the disease, its presenting symptoms, and current treatment options. Such information shall include material on the warning signs of pulmonary hypertension, the importance of early diagnosis, diagnostic criteria, and therapies approved by the Food and Drug Administration for the disease. Such health care providers shall include cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners. (b) Dissemination of Information.--The Secretary of Health and Human Services shall disseminate information under subsection (a) through arrangements with a national non-profit entity with expertise in pulmonary hypertension. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. SEC. 6 STUDY BY GOVERNMENT ACCOUNTABILITY OFFICE ON MEDICARE AND MEDICAID COVERAGE STANDARDS. (a) In General.--The Comptroller General of the United States shall conduct a study on the coverage standards that, under the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act, apply to individuals with pulmonary hypertension. The study shall detail coverage standards under such programs for all therapies approved by the Food and Drug Administration for the treatment of pulmonary hypertension. The study shall take into account appropriate outpatient or home health care delivery settings for delivery of such services. (b) Report.--Not later than six months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the findings of the study under subsection (a).
Pulmonary Hypertension Research and Education Act of 2007 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the Institute's pulmonary hypertension research activities. Requires the Director to establish a Pulmonary Hypertension Clinical Research Network to conduct clinical trials to evaluate new treatment approaches for pulmonary hypertension and facilitate collaboration among investigators with expertise in pulmonary hypertension. Directs the network to include: (1) a steering committee; and (2) an Institute project scientist. Provides for the establishment of a national Pulmonary Hypertension Preceptorship and Training Program to facilitate the direct education and training of medical professionals by experienced pulmonary hypertension specialists in clinical settings. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding pulmonary hypertension. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to develop and disseminate to health care providers information on pulmonary hypertension to ensure that providers remain informed about the disease, its presenting symptoms, and current treatment options. Requires the Comptroller General to conduct a study on the coverage standards that apply to individuals with pulmonary hypertension under Medicare and Medicaid.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wire Transfer Fairness and Disclosure Act of 2002''. SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. (a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918 through 921 as sections 919 through 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. ``(a) Definitions.--In this section, the following definitions shall apply: ``(1) International money transfer.--The term `international money transfer' means any money transmitting service involving an international transaction which is provided by a financial institution or a money transmitting business. ``(2) Money transmitting service.--The term `money transmitting service' has the same meaning as in section 5330(d)(2) of title 31, United States Code. ``(3) Money transmitting business.--The term `money transmitting business' means any business which-- ``(A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, or other similar instruments; and ``(B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). ``(b) Exchange Rate and Fees Disclosures Required.-- ``(1) In general.--Any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) shall disclose, in the manner required under this section-- ``(A) the exchange rate used by the financial institution or money transmitting business in connection with such transaction; ``(B) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction, as of the close of business on the business day immediately preceding the date of the transaction (or the official exchange rate, if any, of the government or central bank of such foreign country); ``(C) all commissions and fees charged by the financial institution or money transmitting business in connection with such transaction; and ``(D) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated and printed on the receipt referred to in paragraph (3). ``(2) Prominent disclosure inside and outside the place of business where an international money transfer is initiated.-- The information required to be disclosed under subparagraphs (A), (B), and (C) of paragraph (1) shall be prominently displayed on the premises of the financial institution or money transmitting business both at the interior location to which the public is admitted for purposes of initiating an international money transfer, and on the exterior of any such premises. ``(3) Prominent disclosure in all receipts and forms used in the place of business where an international money transfer is initiated.--All information required to be disclosed under paragraph (1) shall be prominently displayed on all forms and receipts used by the financial institution or money transmitting business when initiating an international money transfer in such premises. ``(c) Advertisements in Print, Broadcast, and Electronic Media and Outdoor Advertising.--The information required to be disclosed under subparagraphs (A) and (C) of subsection (b)(1) shall be included-- ``(1) in any advertisement, announcement, or solicitation which is mailed by the financial institution or money transmitting business and pertains to international money transfers; or ``(2) in any print, broadcast, or electronic medium or outdoor advertising display not on the premises of the financial institution or money transmitting business and pertaining to international money transfers. ``(d) Disclosures in Languages Other Than English.--The disclosures required under this section shall be in English and in the same language as that principally used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at that office, if other than English.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 3 months after the date of enactment of this Act.
Wire Transfer Fairness and Disclosure Act of 2002 - Amends the Electronic Fund Transfer Act to require that the following disclosures be prominently displayed on the premises of a money transmitting business which initiates an international money transfer for a consumer: (1) the exchange rate used in connection with such transaction; (2) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction; (3) all commissions and fees charged in connection with such transaction; and (4) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated.Requires further that such disclosures be prominently revealed in advertisements and receipts used by the business, and in the same language as that principally used by the business to advertise, solicit, or negotiate, at that office, if other than English.
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SECTION 1. IDENTIFICATION OF ILLEGAL ALIENS WHO CONSUME HEALTH RESOURCES. (a) Requirement of Disclosure.-- (1) In general.--Each Federally-subsidized health care provider (as defined in subsection (d)(1)) that provides health care services described in paragraph (2) to an alien whom the provider knows, or has reason to believe, is not lawfully present in the United States shall report to an officer or employee of the Immigration and Naturalization Service specified by the Attorney General such information relating to the identity of the alien as the Attorney General specifies. The information shall be reported at or before the time of providing such services. (2) Health care services described.--The health care services described in this paragraph are health care items and services furnished in the United States-- (A) by a tax-exempt health care provider, or (B) for which payment may be made under a Federal health care program. (3) Enforcement.-- (A) Tax-exempt health care providers.--If the Attorney General determines a tax-exempt health care provider has failed to report information under paragraph (1) in a timely manner, the Attorney General shall notify the Secretary of the Treasury, who shall suspend the provider's exemption from taxes under section 501 of the Internal Revenue Code of 1986 for a period of not less than 2 years. (B) Health care providers receiving funds under federal health care programs.--If the Attorney General determines a health care provider receiving payments under a Federal health care program has failed to report information under paragraph (1) in a timely manner, the Attorney General shall notify the Secretary of Health and Human Services or other Federal official responsible for the payment of funds under the program, who shall (directly or through notice to the State or other official making payments to the provider) disqualify the provider from payments under the program for a period of not less than 2 years. (C) Notice and hearing.--The Attorney General shall not make a determination under this paragraph with respect to a health care provider except after giving the provider notice and opportunity for a hearing on the determination. (4) Priority in deportation.--The Attorney General shall give priority in enforcing deportation provisions of the Immigration and Nationality Act to the deportation of aliens who have been identified under this subsection as being provided health care services at public expense. (b) Assuring Payment by Foreign Countries.-- (1) In general.--Each Federally-subsidized health care provider that provides health care items and services in the United States to an alien who-- (A) is not lawfully present in the United States, and (B) fails to provide for payment on a timely basis for any amounts owed for such services, shall provide the Secretary of Health and Human Services with such information regarding the nationality of the alien, the items and services involved, and the payment amounts owing as the Secretary may specify in order to carry out this subsection. (2) Notice to foreign country.--In the case of an alien who is a national of a foreign country and who is identified under paragraph (1), the Secretary shall provide notice to the foreign country of the payment amounts owing and the withholding provisions of paragraph (3). (3) Withholding of assistance for amounts owed.--Of the funds made available for a foreign country under part I of the Foreign Assistance Act of 1961, an amount equivalent to 110 percent of the total amounts identified under paragraph (1) as owing under this subsection on behalf of aliens who are nationals of the foreign country shall be withheld from obligation for such country until the Secretary certifies and reports in writing to the Congress that such amounts are fully paid. (c) Override of Alien Shield Laws.-- (1) Federal law.--No Federal law shall prevent a Federally- subsidized health care provider from disclosing to employees and officers of the Immigration and Naturalization Service the identity of individuals who appear to be aliens unlawfully in the United States and who receive health care services from such a provider. (2) State law.--As a condition for the receipt of Federal funds under title XIX of the Social Security Act and under the Public Health Service Act for fiscal years beginning with the first fiscal year that begins more than 2 years after the date of the enactment of this Act, each State shall repeal or otherwise override any State law that has the effect of preventing a Federally-subsidized health care provider from making a disclosure described in paragraph (1). (d) Definitions.--Except as otherwise specifically provided, in this section: (1) Federally-subsidized health care provider.--The term ``Federally-subsidized health care provider'' means a health care provider that-- (A) is a tax-exempt health care provider, (B) receives payments under a Federal health care program (as defined in paragraph (2)). (2) Federal health care program.--The term ``Federal health care program'' includes-- (A) the medicare program under title XVIII of the Social Security Act, (B) the medicaid program under title XIX of such Act, (C) the maternal and child health program under title V of such Act, and (D) programs under the Public Health Service Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. (5) Tax-exempt health care provider.--The term ``tax-exempt health care provider'' means a health care provider described in section 501(c)(3) of the Internal Revenue Code of 1986. (e) Effective Date.-- (1) In general.--Except as provided in this subsection, the provisions of this Act shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act. (2) State laws.--In the case of a State which the Secretary determines requires State legislation in order to meet the condition described in subsection (c)(2), the State plan of medical assistance under title XIX of the Social Security Act shall not be regarded as failing to comply with such condition before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
Requires: (1) each federally-subsidized health care provider that provides health care services to an illegal alien to identify such person to the Immigration and Naturalization Service; (2) the Attorney General to give such alien deportation priority; and (3) withholding of specified U.S. assistance to such alien's home country to cover the cost of any unpaid health services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe child sexual abuse and exploitation. (2) The harms caused by child pornography begin, but do not end, with child sex assault because child pornography is a permanent record of that abuse and trafficking in those images compounds the harm to the child. (3) In Paroline v. United States (2014), the Supreme Court recognized that ``every viewing of child pornography is a repetition of the victim's abuse''. (4) The American Professional Society on the Abuse of Children has stated that for victims of child pornography, ``the sexual abuse of the child, the memorialization of that abuse which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim''. (5) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (6) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. (7) It is the intent of Congress that victims of child pornography be compensated for the harms resulting from every perpetrator who contributes to their anguish. Such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims. SEC. 3. DETERMINING RESTITUTION. (a) Determining Restitution.--Section 2259(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``The order'' and inserting ``Except as provided in paragraph (2), the order''; and (B) by striking ``as determined by the court pursuant to paragraph (2)'' after ``of the victim's losses''; (2) by striking paragraph (3); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: ``(2) Restitution for trafficking in child pornography.--If the defendant was convicted of trafficking in child pornography, the court shall order restitution under this section in an amount to be determined by the court as follows: ``(A) Determining the full amount of a victim's losses.-- The court shall determine the full amount of the victim's losses that were incurred or are reasonably projected to be incurred by the victim as a result of the trafficking in child pornography depicting the victim. ``(B) Determining a restitution amount.--After completing the determination required under subparagraph (A), the court shall order restitution in an amount that reflects the defendant's relative role in the causal process that underlies the victim's losses, but which is no less than $3,000. ``(C) Termination of payment.--A victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's demonstrated losses. After the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may require the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses.''. (b) Additional Definitions.--Section 2259(c) of title 18, United States Code, is amended-- (1) in the heading, by striking ``Definition'' and inserting ``Definitions''; (2) by striking ``For purposes'' and inserting the following: ``(4) Victim.--For purposes''; (3) by striking ``under this chapter, including, in the case'' and inserting ``under this chapter. In the case''; (4) by inserting after ``or any other person appointed as suitable by the court,'' the following: ``may assume the crime victim's rights under this section,''; and (5) by inserting before paragraph (4), as so designated, the following: ``(1) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means conduct proscribed by subsections (a) through (c) of section 2251, section 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least 1 of the violations listed in this subsection), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography (as such term is defined in section 2256). ``(2) Full amount of the victim's losses.--For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred, or that are reasonably projected to be incurred in the future, by the victim, as a proximate result of the offenses involving the victim, and in the case of trafficking in child pornography offenses, as a proximate result of all trafficking in child pornography offenses involving the same victim, including-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) reasonable attorneys' fees, as well as other costs incurred; and ``(F) any other relevant losses incurred by the victim. ``(3) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means conduct proscribed by section 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g)(in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b).''. (c) Clerical Amendment.--Section 1593(b)(3) of title 18, United States Code, is amended by striking ``section 2259(b)(3)'' and inserting ``section 2259(c)(2)''. SEC. 4. DEFINED MONETARY ASSISTANCE. Section 2259 of title 18, United States Code, is amended by adding at the end the following: ``(d) Defined Monetary Assistance.-- ``(1) Defined monetary assistance made available at victim's election.-- ``(A) Election to receive defined monetary assistance.-- Subject to paragraphs (2) and (3), when a defendant is convicted of trafficking in child pornography, any victim of that trafficking in child pornography may choose to receive defined monetary assistance from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)). ``(B) Finding.--To be eligible for defined monetary assistance under this subsection, a court shall determine whether the claimant is a victim of the defendant who was convicted of trafficking in child pornography. ``(C) Order.--If a court determines that a claimant is a victim of trafficking in child pornography under subparagraph (B) and the claimant chooses to receive defined monetary assistance, the court shall order payment in accordance with subparagraph (D) to the victim from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984. ``(D) Amount of defined monetary assistance.--The amount of defined monetary assistance payable under this subparagraph shall be equal to-- ``(i) for the first calendar year after the date of enactment of this subsection, $35,000; and ``(ii) for each calendar year after the year described in clause (i), $35,000 multiplied by the ratio (not less than one) of-- ``(I) the Consumer Price Index for all Urban Consumers (CPI-U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year; to ``(II) the CPI-U for the calendar year 2 years before the calendar year described in clause (i). ``(2) Limitations on defined monetary assistance.-- ``(A) In general.--A victim may only obtain defined monetary assistance under this subsection once. ``(B) Effect on recovery of other restitution.--A victim who obtains defined monetary assistance under this subsection shall not be barred or limited from receiving restitution against any defendant for any offenses not covered by this section. ``(C) Deduction.--If a victim who received defined monetary assistance under this subsection subsequently seeks restitution under this section, the court shall deduct the amount the victim received in defined monetary assistance when determining the full amount of the victim's losses. ``(3) Limitations on eligibility.--A victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(D) shall be ineligible to receive defined monetary assistance under this subsection. ``(4) Attorney fees.-- ``(A) In general.--An attorney representing a victim seeking defined monetary assistance under this subsection may not charge, receive, or collect, and the court may not approve, any payment of fees and costs that in the aggregate exceeds 15 percent of any payment made under this subsection. ``(B) Penalty.--An attorney who violates subparagraph (A) shall be fined under this title, imprisoned not more than 1 year, or both.''. SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. (a) Assessments in Child Pornography Cases.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259 the following: ``Sec. 2259A. Assessments in child pornography cases ``(a) In General.--In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess-- ``(1) not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5); ``(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and ``(3) not more than $50,000 on any person convicted of a child pornography production offense. ``(b) Annual Adjustment.--The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index. ``(c) Factors Considered.--In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572. ``(d) Imposition and Implementation.-- ``(1) In general.--The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant. ``(2) Effect on other penalties.--Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(A) A special assessment under section 3013. ``(B) Restitution to victims of any child pornography production or trafficking offense that the defendant committed. ``(C) An assessment under this section. ``(D) Other orders under any other section of this title. ``(E) All other fines, penalties, costs, and other payments required under the sentence.''. (b) Child Pornography Victims Reserve.--Section 1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended by adding at the end the following: ``(6)(A) The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for payments under section 2259(d) of title 18, United States Code. ``(B) Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any limitation on Fund obligations in any future Act, unless the same should expressly refer to this section, any such amounts carried over shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund.''. (c) Child Pornography Victims Reserve.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259A, as added by subsection (a), the following: ``Sec. 2259B. Child pornography victims reserve ``(a) Deposits Into the Reserve.--Notwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals. ``(b) Availability for Defined Monetary Assistance.--Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 2259(d). If at any time the Child Pornography Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest- ordered payments made first. ``(c) Administration.--The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section. ``(d) Sense of Congress.--It is the sense of Congress that individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, but who are sentenced after such date, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.''. (d) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2259 the following: ``2259A. Assessments in child pornography cases ``2259B. Child pornography victims reserve''. SEC. 6. CHILD PORNOGRAPHY VICTIM'S RIGHT TO EVIDENCE. Section 3509(m) of title 18, United States Code, is amended by adding at the end the following: ``(3) In any criminal proceeding, a victim, as defined under section 2259(c)(4), shall have reasonable access to any property or material that constitutes child pornography, as defined under section 2256(8), depicting the victim, for inspection, viewing, and examination at a Government facility or court, by the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony, but under no circumstances may such child pornography be copied, photographed, duplicated, or otherwise reproduced. Such property or material may be redacted to protect the privacy of third parties.''. SEC. 7. CLERICAL AMENDMENTS. (a) Expansion of Civil Remedies for Satisfaction of an Unpaid Fine.--Section 3613(c) of title 18, United States Code, is amended by inserting ``an assessment imposed pursuant to section 2259A of this title,'' after ``pursuant to the provisions of subchapter C of chapter 227 of this title,''. (b) Clarification of Interstate or Foreign Commerce Provision Regarding Certain Activities Pertaining to Child Pornography.--Section 2252A (a)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' and inserting ``has been''; and (B) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``child pornography''; and (2) in subparagraph (B)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' and inserting ``has been''; and (B) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``child pornography''. (c) Clarification of the Definition of ``Sexually Explicit Conduct''.--Section 2256(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)(v)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''; and (2) in subparagraph (B)(iii)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''. SEC. 8. REPORTS. Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the progress of the Department of Justice in implementing the amendments made by sections 3 through 5, and shall include an assessment of the funding levels for the Child Pornography Victims Reserve. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017 (Sec. 3) This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases. If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount which is between $3,000 and 1% of the full amount of the victim's losses. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim. (Sec. 4) If a defendant is convicted of child pornography production, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations. (Sec. 5) The bill amends the Victims of Crime Act of 1984 to establish the Child Pornography Victims Reserve within the Crime Victims Fund. Courts must impose additional assessments on persons convicted of child pornography offenses, and the additional assessments must be deposited into the Child Pornography Victims Reserve. (Sec. 6) In a criminal proceeding, a victim of a child pornography offense must have access to the pornographic material depicting the victim for inspection, viewing, and examination by the victim, his or her attorney, and potential expert witnesses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Rabbi Michoel Ber Weissmandl was born in Hungary on October 25, 1903, later moving to Slovakia to study under Rabbi Shumel Dvoid Ungar in Nitra. (2) During his time in Nitra, he quickly became a senior figure within the local Jewish community and Yeshiva. (3) Weissmandl was responsible for some of the daring efforts to save the Jewish people of Slovakia from the Holocaust, which include the establishment of a ``Working Group'', an underground organization that raised funds to negotiate ransom with German and Slovakian officials in order to delay mass deportations. (4) During the Nazi regime, Weissmandl used his contacts from England to obtain visas, becoming one of the first to actively protect people of Jewish ancestry in Europe. (5) Weissmandl also wrote telegrams to generate awareness of the Jewish people's plight and encouraged other strategic approaches to stop the Holocaust, including the bombing of railroad tunnels to prevent the transportation of persons to concentration camps. (6) Weissmandl established a Working Group--a wide variety of people from different political and ideological spectrums-- whose common goal was to save people from the ``Final Solution''. (7) The Working Group was one of the first to document in writing the accounts of Auschwitz Escapees in a document widely referred to as the ``Auschwitz Protocols''. (8) Weissmandl himself later translated the initial documentation from German to Hebrew and included a widely known addendum that pleaded for action. (9) Weissmandl wrote the first known appeal for the use of Allied air resources to disrupt the Holocaust. (10) In 1942 when Slovakia started deportation for ``resettlement'', Rabbi Weissmandl was the first to inform the Working Group that people were being murdered and not sent to work as originally claimed. (11) Rabbi Weissmandl also played an instrumental role in Solomon Schoenfeld Kindertransport rescue, helping save hundreds of lives. (12) Rabbi Weissmandl came to America and in 1945 immediately got to work to establish a home and Yeshiva for Holocaust survivors. The Yeshiva of Nitra he established in Mount Kisco, New York, was the first Yeshiva campus in America and became and example that other institutions followed. (13) Rabbi Weissmandl has significantly influenced the flourishing communities of Talmudic scholars in Brooklyn, New York, and generally across the United States. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Rabbi Michoel Ber Weissmandl in recognition of his acts of valor during World War II. (b) Participation by Weissmandl Committee.--For the purpose of the presentation referred to in subsection (a), the Speaker and President pro tempore shall ensure that the Weissmandl Committee may accept the medal on behalf of Michoel Ber Weissmandl. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (d) Transfer of Medal After Presentation.--Following the presentation of the gold medal in honor of Michoel Ber Weissmandl under subsection (a), the gold medal shall be given to Samuel Dovid Weissmandl or, should he not be present, to Rabbi Menachem Meir Weissmandl. 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 pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 5. NATIONAL MEDAL. (a) National Medal.--The gold medal struck under this Act is a national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the House of Representatives November 13, 2018. Attest: KAREN L. HAAS, Clerk.
Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Rabbi Michoel Ber Weissmandl in recognition of his acts of valor during World War II.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act''. SEC. 2. STATEMENT OF AUTHORITY. Congress hereby elects to use its authority under article I, section 8, clause 4, and article I, section 8, clause 18, of the Constitution-- (1) to establish a uniform law on bankruptcy that applies to entities that have received extraordinary financial assistance from the United States on or after September 1, 2008, and (2) to authorize the Attorney General of the United States (hereinafter in this Act referred to as the Attorney General), after consultation with the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary)-- (A) to seek recovery of previous excessive payments of compensation made by such entities after receiving such assistance, and (B) to limit excessive payments of compensation to be made by such entities. SEC. 3. RECOVERY OF EXCESSIVE COMPENSATION. (a) Review of Contracts and Payments.--The Attorney General, after consultation with the Secretary, on behalf of the Government may review any employment contract made by a recipient entity, and any payment made on or after September 1, 2008, by a recipient entity to an employee. (b) Civil Action for Fraudulent Transfer.--The Attorney General may commence a civil action in an appropriate district court of the United States to avoid any payment made by a recipient entity to an employee (including a payment under an employment contract) that was made on or after September 1, 2008, if such entity received less than a reasonably equivalent value in exchange for such payment and such entity-- (1) was insolvent on the date that such payment was made, not taking into account any-- (A) line of credit, (B) loan, or (C) payment in exchange for stock of such entity, received by such entity from the United States on or after September 1, 2008, or (2) was engaged in business or a transaction, or was about to engage in business or a transaction, for which property remaining in the recipient entity was an unreasonably small capital. For purposes of this subsection, the Attorney General may avoid any transfer of an interest of a recipient entity in property, or any obligation incurred by such entity, that is avoidable under applicable law by a creditor holding an unsecured claim against such entity. (c) Civil Action To Avoid Contractual Obligations To Pay Excessive Compensation.--The Attorney General may commence a civil action in an appropriate district court of the United States to limit the amount of the compensation paid or payable on or after the date of the enactment of this Act by a recipient entity under an employment contract if such compensation is greater than an amount equal to 10 times the amount of the mean amount of compensation paid or payable to nonmanagement employees of such entity for any purpose during the calendar year in which compensation was paid or payable by such entity. SEC. 4. SUBPOENA AUTHORITY. The Attorney General is authorized to issue a subpoena requiring the attendance and testimony of witnesses and the production of documentary evidence relating to any matter relevant to the implementation of this Act, including the circumstances surrounding any employment contract or payment of compensation, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate district court of the United States. SEC. 5. RULE OF CONSTRUCTION. Other than limiting compensation paid or payable under employment contracts or providing for the recovery of previously paid compensation, nothing in this Act shall be construed to have any impact on a recipient entity, its financial status, or the financial status of its creditors. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``employment contract'' means an employment contract that provides for the payment of compensation (including performance or incentive compensation, a bonus of any kind, or any other financial return designed to replace or enhance incentive, stock, or other compensation), and (2) the term ``recipient entity'' means a person (including any subsidiary of such person) that receives, during any period beginning on or after September 1, 2008, from the United States-- (A) a line of credit or a loan, (B) a payment in exchange for stock of such person (or such subsidiary), or (C) any combination of credit, loans, or payments, that exceeds $10,000,000,000 in the aggregate.
End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act - (Sec. 2) Declares that Congress elects to use its constitutional authority to: (1) establish a uniform law on bankruptcy that applies to entities that have received extraordinary financial assistance from the United States on or after September 1, 2008; and (2) authorize the Attorney General, after consultation with the Secretary of the Treasury, to seek recovery of previous excessive payments of compensation made by the entities after receiving such assistance, and limit excessive payments of compensation to be made by them. (Sec. 3) Authorizes the Attorney General, after consultation with the Secretary of the Treasury, to review: (1) any employment contract made by an entity that received over $10 billion in specified federal financial assistance on or after September 1, 2008; and (2) any payment the entity made to an employee on or after such date. Authorizes the Attorney General to commence a civil action for fraudulent transfer in U.S. district court to avoid (and recover) any such payment (including a payment under an employment contract), if the entity received less than a reasonably equivalent value in exchange for the payment and it: (1) was insolvent on the payment date, not taking into account the federal assistance it received; or (2) was engaged (or was about to engage) in business or a transaction for which property remaining in the recipient entity was an unreasonably small capital. Authorizes the Attorney General to avoid any transfer of an interest of a recipient entity in property, or any obligation incurred by such entity, that is avoidable under applicable law by a creditor holding an unsecured claim against such entity. Authorizes the Attorney General to commence a civil action also to limit the amount of compensation paid or payable on or after enactment of this Act by a recipient entity under an employment contract, if such compensation is greater than 10 times the mean amount of compensation paid or payable to the entity's nonmanagement employees during the calendar year. (Sec. 4) Grants the Attorney General subpoena authority to compel: (1) attendance and testimony of witnesses; and (2) production of documentary evidence pertinent to implementation of this Act, including the circumstances surrounding any employment contract or payment of compensation. Makes such a subpoena enforceable by court order in the case of contumacy or refusal to obey. (Sec. 5) States that this Act shall not be construed to have any impact on a recipient entity, its financial status, or the financial status of its creditors other than: (1) limiting compensation paid or payable under employment contracts; or (2) providing for the recovery of previously paid compensation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Income Tax Assistance Permanence Act of 2017''. SEC. 2. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7526 the following new section: ``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. ``(a) Establishment of Volunteer Income Tax Assistance Matching Grant Program.--The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program under which the Secretary may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations. ``(b) Use of Funds.-- ``(1) In general.--Qualified return preparation programs may use grants received under this section for-- ``(A) ordinary and necessary costs associated with program operation in accordance with cost principles under the applicable Office of Management and Budget circular, including-- ``(i) wages or salaries of persons coordinating the activities of the program, ``(ii) developing training materials, conducting training, and performing quality reviews of the returns prepared under the program, ``(iii) equipment purchases, and ``(iv) vehicle-related expenses associated with remote or rural tax preparation services, ``(B) outreach and educational activities described in subsection (c)(2)(B), and ``(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation. ``(2) Use of grants for overhead expenses prohibited.--No grant received under this section may be used for overhead expenses that are not directly related to a qualified return preparation program. ``(c) Application.-- ``(1) In general.--Each applicant for a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Priority.--In awarding grants under this section, the Secretary shall give priority to applications which demonstrate-- ``(A) assistance to low-income taxpayers, with emphasis on outreach to, and services for, such taxpayers, ``(B) taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, including the earned income tax credit, and ``(C) specific outreach and focus on one or more underserved populations. ``(3) Amounts taken into account.--In determining matching grants under this section, the Secretary shall only take into account amounts provided by the qualified return preparation program for expenses described in subsection (b). ``(d) Accuracy Reviews.-- ``(1) In general.--The Secretary shall establish procedures for, and shall conduct, periodic site visits of qualified return preparation programs operating under a grant under this section-- ``(A) to ensure such programs are carrying out the purposes of this section, and ``(B) to determine the return preparation accuracy rate of the program. ``(2) Additional requirements for grant recipients not meeting minimum standards.--In the case of any qualified return preparation program which-- ``(A) is awarded a grant under this section, and ``(B) is subsequently determined-- ``(i) to have a less than 90 percent average accuracy rate for preparation of tax returns, or ``(ii) not to be otherwise carrying out the purposes of this section, such program shall not be eligible for any additional grants under this section unless such program provides sufficient documentation of corrective measures established to address any such deficiencies determined. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified return preparation program.--The term `qualified return preparation program' means any program-- ``(A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns, ``(B) which is administered by a qualified entity, ``(C) in which all volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and ``(D) which uses a quality review process which reviews 100 percent of all returns. ``(2) Qualified entity.-- ``(A) In general.--The term `qualified entity' means any entity which-- ``(i) is an eligible organization, ``(ii) is in compliance with Federal tax filing and payment requirements, ``(iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and ``(iv) agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this section. ``(B) Eligible organization.--The term `eligible organization' means-- ``(i) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1002), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act, ``(ii) an organization described in section 501(c) and exempt from tax under section 501(a), ``(iii) a local government agency, including-- ``(I) a county or municipal government agency, and ``(II) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103(13)), including any tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned tribal entity, ``(iv) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the applicant organization), or ``(v) in the case of a targeted population or community with respect to which no organizations described in the preceding clauses are available-- ``(I) a State government agency, or ``(II) an office providing Cooperative Extension services (as established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914). ``(3) Low-income taxpayers.--The term `low-income taxpayer' means a taxpayer whose income for the taxable year does not exceed an amount equal to the completed phaseout amount under section 32(b) for a married couple filing a joint return with 3 or more qualifying children, as determined in a revenue procedure or other published guidance. ``(4) Underserved population.--The term `underserved population' includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, members of the Armed Forces and their spouses, and the elderly. ``(f) Special Rules and Limitations.-- ``(1) Duration of grants.--Upon application of a qualified return preparation program, the Secretary is authorized to award a multi-year grant not to exceed 3 years. ``(2) Aggregate limitation.--Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $30,000,000 per fiscal year (exclusive of costs of administering the program) to grants under this section. ``(g) Promotion and Referral.-- ``(1) Promotion.--The Secretary shall promote tax preparation through qualified return preparation programs through the use of mass communications, referrals, and other means. ``(2) Internal revenue service referrals.--The Secretary may refer taxpayers to qualified return preparation programs receiving grants under this section. ``(3) VITA grantee referral.--Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Taxpayer Clinics individuals who are eligible for such clinics.''. (b) Clerical Amendment.--The table of sections for chapter 77 is amended by inserting after the item relating to section 7526 the following new item: ``7526A. Return preparation programs for low-income taxpayers.''.
Volunteer Income Tax Assistance Permanence Act of 2017 This bill directs the Internal Revenue Service (IRS) to establish a Community Volunteer Income Tax Assistance Matching Grant Program to provide matching funds for the development, expansion, or continuation of tax preparation programs to assist low-income taxpayers and members of underserved populations. Unless otherwise provided by a specific appropriation, the IRS may not allocate more than $30 million per fiscal year (exclusive of costs of administering the program) for the program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Monitoring Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Covered state.--The term ``covered State'' means a State that receives funding under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (3) Dispenser.--The term ``dispenser''-- (A) means a person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP.--The term ``PDMP'' means a prescription drug monitoring program. (5) Practitioner.--The term ``practitioner'' means a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or dispense controlled substances. (6) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS. (a) In General.--Beginning 2 years after the date of enactment of this Act, each covered State shall require-- (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), and every 3 months thereafter as long as the treatment continues; (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services; and (5) that the data contained in the PDMP of the covered State is made available to other States. (b) Noncompliance.--If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services, as appropriate, may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (c) Data-Sharing Single Technology Solution.-- (1) In general.--For the purpose of assisting States in complying with subsection (a)(5), the Attorney General, in coordination with the Secretary of Health and Human Services, acting through the Comprehensive Opioid Abuse Grant Program established under section 3021 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797ff), shall award, on a competitive basis, a grant to an eligible entity to establish and maintain an inter-State data-sharing single hub to facilitate the sharing of PDMP data among States and the accessing of such data by practitioners. (2) Requirements.--The data-sharing single hub established under paragraph (1)-- (A) shall-- (i) allow States to retain ownership of the data submitted by the States; (ii) provide a source of de-identified data that can be used for statistical, research, or educational purposes; (iii) allow State authorized users to access data from a PDMP of a covered State without requiring a user fee; and (iv) conform with the standards of the Prescription Monitoring Information Exchange; and (B) may not-- (i) distribute, in whole or in part, any PDMP data without the express written consent of the PDMP State authority; and (ii) limit, in whole or in part, distribution of PDMP data as approved by the PDMP State authority.
Prescription Drug Monitoring Act of 2017 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements, including a requirement to share its PDMP data with other states. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. To facilitate data sharing among states, the bill directs DOJ to award a grant under the Comprehensive Opioid Abuse Grant Program to establish and maintain a data-sharing hub.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Fiscal Responsibility Act of 1996''. SEC. 2. NON-MONETARY POLICY SPENDING SUBJECT TO CONGRESSIONAL APPROPRIATIONS. (a) Determination by Comptroller General.-- (1) In general.--The Comptroller General of the United States, in consultation with the Board, shall specifically identify the functions and activities of the Board and of each Federal reserve bank that are related to the establishment and conduct of the monetary policy of the United States. (2) Report.--Not later than April 30, 1997, the Comptroller General of the United States shall submit a report to the Congress containing the information referred to in paragraph (1). (b) Certain Spending Subject to Appropriations.--After September 30, 1997, all expenditures by the Board or any Federal reserve bank shall be made only as provided in advance in an appropriations Act, except that funds to pay expenditures related to the establishment and conduct of monetary policy, as identified under subsection (a), shall not be subject to appropriations in advance. (c) Annual Report.--The Comptroller General of the United States shall submit an annual report to the Congress on the compliance of the Federal Reserve System with the requirements of this section. SEC. 3. TREATMENT OF SURPLUS ACCOUNT. (a) Termination of Surplus Account Authorization.-- (1) Amendments to the federal reserve act.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289) is amended-- (A) in the subsection heading, by striking ``and Surplus Funds''; (B) by striking paragraphs (2) and (3); (C) in paragraph (1)-- (i) by striking ``(1) Stockholder dividends.--''; and (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving the margins 2 ems to the left; and (D) in paragraph (2), as redesignated, by striking ``subparagraph (A)'' and inserting ``paragraph (1)''. (2) Return of funds.--Not later than 30 days after the date of enactment of this Act, each Federal reserve bank shall transfer to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, all funds held on the date of enactment of this Act by that Federal reserve bank in a surplus account established under section 7(a) of the Federal Reserve Act (as that section existed on the day before the date of enactment of this Act). (b) Determination by Comptroller General.-- (1) In general.--The Comptroller General of the United States shall determine what percentage, if any, of the net earnings of the Federal reserve banks should be transferred on an annual basis to the Secretary of the Treasury for deposit in the general fund of the Treasury. (2) Report.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall report its determination under paragraph (1) to the Congress, together with any recommendations for necessary legislative action. SEC. 4. ANNUAL INDEPENDENT AUDITS. (a) Audit Required.--Each Federal reserve bank shall annually obtain an audit from an independent auditor using generally accepted auditing standards. (b) Auditor's Qualifications.--The independent auditor referred to in subsection (a) shall-- (1) be a certified public accountant who is independent of the Federal reserve bank; and (2) meet any other qualifications that the Board may establish. (c) Certification Required.--In each audit required under subsection (a), the auditor shall certify, under penalty of perjury-- (1) that the auditor is a certified public accountant and is independent of the Federal Reserve System; and (2) that the auditor conducted the audit using generally accepted auditing standards. (d) Certification by Federal Reserve Bank.--Not later than 30 days after the completion of each audit required under subsection (a), the Federal reserve bank shall provide to the Comptroller General of the United States-- (1) a certification, under penalty of perjury, that-- (A) the Federal reserve bank has obtained the audit required under subsection (c); (B) the Federal reserve bank has received the certifications of the auditor required under paragraph (1); and (C) the audit fully complies with subsection (a); and (2) proof that the Federal reserve bank and the Board have each received a copy of the audit report. (e) Report to Board.--Each Federal reserve bank shall submit a copy of the audit conducted under this section to the Board, or an independent auditor designated by the Board. (f) Audit of Federal Reserve System.--The Board, in consultation with the Comptroller General of the United States, shall annually obtain an audit of the combined financial statements of all Federal reserve banks from an independent auditor, using generally accepted accounting standards, based on reports of audits submitted to the Board under subsection (d). SEC. 5. APPLICABILITY OF FEDERAL PROCUREMENT PROCEDURES. (a) Applicability.--The following provisions of law apply to the Board and to each Federal reserve bank as if the Board and such banks were executive agencies for the purposes of such provisions of law: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). (3) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (4) The Information Technology Management Reform Act of 1996 (division E of Public Law 104-106; 40 U.S.C. 1401 et seq.). (b) Effective Date.--This section shall become effective on October 1, 1996. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Board of Governors of the Federal Reserve System; and (2) the term ``Federal reserve bank'' has the same meaning as in the third undesignated paragraph of section 1 of the Federal Reserve Act.
Federal Reserve Fiscal Responsibility Act of 1996 - Instructs the Comptroller General to specifically identify, and report to the Congress on, the functions and activities of the Board of Governors of the Federal Reserve System (the Board) and of each Federal reserve bank related to the establishment and conduct of Federal monetary policy. Sets a deadline by which all expenditures by the Board or any Federal reserve bank (except those related to monetary policy) shall be made only as provided in advance in an appropriations Act. Directs the Comptroller General to report annually to the Congress on Board compliance. Amends the Federal Reserve Act to terminate the surplus account authorization. Sets a deadline by which each Federal reserve bank must transfer all funds held in its surplus account to the Board for deposit into the general fund of the Treasury. Requires the Comptroller General to determine and report to the Congress on the percentage of Federal reserve banks' net earnings that should be transferred annually for deposit into the general fund of the Treasury. Requires each Federal reserve bank to: (1) obtain an annual audit from an independent auditor using generally accepted auditing standards; and (2) submit a copy of such audit to the Board. Directs the Board annually to obtain from an independent auditor an audit of the combined financial statements of all Federal reserve banks using generally accepted accounting standards. Applies specified Federal property, procurement, and information technology management law to the Board and each Federal reserve bank as if they were executive agencies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Injury, Illness, and Fatality Reporting Act of 2009''. SEC. 2. REGULATIONS AND REPORTING. (a) Regulations.--Not later than 12 months after the date of the enactment of this Act, pursuant to section 8(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(c)), the Secretary of Labor shall prescribe regulations requiring large employers, for each establishment of each such employer, to maintain accurate records of, and to make periodic and certified reports, not less than annually, to the Secretary of Labor on-- (1) the numbers and rates of work-related deaths, injuries, and illnesses (as such terms are defined in section 1904 of title 29 Code of Federal Regulations (as in effect on the date of the enactment of this Act)); and (2) compliance data, including-- (A) the inspection number of each inspection conducted by the Secretary under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or a State pursuant to a State plan approved under section 18(c) of such Act (29 U.S.C. 667(c)); (B) the opening date of such inspection; and (C) the total number of violations and any citations issued as a result of such violations under such Act by the Secretary or State following such inspection. (b) Identification of Each Establishment.--The regulations described in subsection (a) shall require each large employer to identify on all records and reports-- (1) each establishment of such large employer; and (2) whether an establishment has been acquired, sold, or transferred since the last report filed under subsection (a) by the large employer of such establishment. (c) Reporting.--Not later than 6 months after the deadline of the submission of the reports described in subsection (a), pursuant to section 8(g)(1), the Secretary of Labor shall post all such reports on the Department of Labor website. SEC. 3. ENFORCEMENT. Notwithstanding the provisions of section 18(e) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(e)), the Secretary shall issue citations pursuant to section 9 of such Act (29 U.S.C. 658) to any large employer, including such large employers with establishments in States with an approved State plan under section 18(c) of such Act (29 U.S.C. 667(c)), for violations of any of the reporting requirements described in section 2. SEC. 4. DEFINITIONS. In this Act: (1) Construction industry.--The term ``construction industry'' means the industry identified by the 2007 North American Industry Classification System Code as industry code 23 (as published by the Bureau of the Census). (2) Employee.--The term ``employee'' has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651). (3) Employer.--The term ``employer'' has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651), except that such term does not include an employer in the construction industry. (4) Establishment.--The term ``establishment''-- (A) has the meaning given such term in section 1904.46 of title 29 Code of Federal Regulations (as in effect on the date of the enactment of this Act), except that such term does not include an establishment with fewer than 10 employees or that is in the construction industry; or (B) means a subsidiary corporation, except that such term does not include a subsidiary corporation in the construction industry, and each of its establishments (as defined in subparagraph A) and subsidiary corporations that are not in the construction industry. (5) Inspection number.--The term ``inspection number'' means the number the Secretary or other authorized individual assigns to an inspection conducted under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or section 18 of such Act (29 U.S.C. 667). (6) Large employer.--The term ``large employer'' means an employer that-- (A) employs not fewer than 500 employees; and (B) owns and controls more than 1 establishment. (7) Opening date.--The term ``opening date'' means the first date of an inspection conducted under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or section 18 of such Act (29 U.S.C. 667). (8) Subsidiary corporation.--The term ``subsidiary corporation'' means a corporation where another corporation (such as a large employer) owns all, or more than 50 percent, of the stock of such corporation.
Corporate Injury, Illness, and Fatality Reporting Act of 2009 - Requires the Secretary of Labor to prescribe regulations requiring large employers, for each of their establishments, to maintain accurate records of, and make periodic and certified reports at least annually on: (1) the numbers and rates of work-related deaths, injuries, and illnesses; and (2) compliance data, including inspection numbers and dates and the total number of violations and citations issued following inspections. Requires each large employer to identify on all records and reports each establishment and whether one has been acquired, sold, or transferred since the last report required under this Act. Requires the Secretary to issue citations under the Occupational Safety and Health Act of 1970 to any large employer, including those with establishments in states with an approved state plan for development and enforcement of standards, for violations of any of this Act's reporting requirements. Excludes from the meaning of "establishment" a place where business is conducted that has fewer than 10 employees or that is in the construction industry.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Reliable Options for Patients and Educational Resources Act of 2018'' or the ``PROPER Act of 2018''. SEC. 2. REQUIRING MEDICARE ADVANTAGE PLANS AND PART D PRESCRIPTION DRUG PLANS TO INCLUDE INFORMATION ON RISKS ASSOCIATED WITH OPIOIDS AND COVERAGE OF NONPHARMACOLOGICAL THERAPIES AND NONOPIOID MEDICATIONS OR DEVICES USED TO TREAT PAIN. Section 1860D-4(a)(1) of the Social Security Act (42 U.S.C. 1395w- 104(a)(1)) is amended-- (1) in subparagraph (A), by inserting ``, subject to subparagraph (C),'' before ``including''; (2) in subparagraph (B), by adding at the end the following new clause: ``(vi) For plan year 2021 and each subsequent plan year, subject to subparagraph (C), with respect to the treatment of pain-- ``(I) the risks associated with prolonged opioid use; and ``(II) coverage of nonpharmacological therapies, devices, and nonopioid medications-- ``(aa) in the case of an MA-PD plan under part C, under such plan; and ``(bb) in the case of a prescription drug plan, under such plan and under parts A and B.''; and (3) by adding at the end the following new subparagraph: ``(C) Targeted provision of information.--A PDP sponsor of a prescription drug plan may, in lieu of disclosing the information described in subparagraph (B)(vi) to each enrollee under the plan, disclose such information through mail or electronic communications to a subset of enrollees under the plan, such as enrollees who have been prescribed an opioid in the previous 2-year period.''. SEC. 3. REQUIRING MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS TO PROVIDE INFORMATION ON THE SAFE DISPOSAL OF PRESCRIPTION DRUGS. (a) Medicare Advantage.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(n) Provision of Information Relating to the Safe Disposal of Certain Prescription Drugs.-- ``(1) In general.--In the case of an individual enrolled under an MA or MA-PD plan who is furnished an in-home health risk assessment on or after January 1, 2021, such plan shall ensure that such assessment includes information on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under paragraph (2). Such information shall include information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal. ``(2) Criteria.--The Secretary shall, through rulemaking, establish criteria the Secretary determines appropriate with respect to information provided to an individual to ensure that such information sufficiently educates such individual on the safe disposal of prescription drugs that are controlled substances.''. (b) Prescription Drug Plans.--Section 1860D-4(c)(2)(B) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(B)) is amended-- (1) by striking ``may include elements that promote''; (2) by redesignating clauses (i) through (iii) as subclauses (I) through (III) and adjusting the margins accordingly; (3) by inserting before subclause (I), as so redesignated, the following new clause: ``(i) may include elements that promote-- ''; (4) in subclause (III), as so redesignated, by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new clause: ``(ii) with respect to plan years beginning on or after January 1, 2021, shall provide for-- ``(I) the provision of information to the enrollee on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under section 1852(n)(2), including information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal; and ``(II) cost-effective means by which an enrollee may so safely dispose of such drugs.''. SEC. 4. REVISING MEASURES USED UNDER THE HOSPITAL CONSUMER ASSESSMENT OF HEALTHCARE PROVIDERS AND SYSTEMS SURVEY RELATING TO PAIN MANAGEMENT. (a) Restriction on the Use of Pain Questions in HCAHPS.--Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended by adding at the end the following new subclause: ``(XII)(aa) With respect to a Hospital Consumer Assessment of Healthcare Providers and Systems survey (or a successor survey) conducted on or after January 1, 2019, such survey may not include questions about communication by hospital staff with an individual about such individual's pain unless such questions take into account, as applicable, whether an individual experiencing pain was informed about risks associated with the use of opioids and about non-opioid alternatives for the treatment of pain. ``(bb) The Secretary shall not include on the Hospital Compare Internet website any measures based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about communication by hospital staff with an individual about such individual's pain.''. (b) Restriction on Use of 2018 Pain Questions in the Hospital Value-based Purchasing Program.--Section 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the end the following new clause: ``(iii) HCAHPS pain questions.--The Secretary may not include under subparagraph (A) a measure that is based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about communication by hospital staff with an individual about the individual's pain.''. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.
Providing Reliable Options for Patients and Educational Resources Act of 2018 or the PROPER Act of 2018 (Sec. 2) This bill requires Medicare and Medicare Advantage (MA) prescription drug plan (PDP) sponsors to annually disclose information to enrollees about: (1) the risks of prolonged opioid use; and (2) the plan's coverage of nonpharmacological therapies, devices, and non-opioid medications. PDP sponsors may limit disclosure to a subset of enrollees (such as those who were prescribed an opioid in the previous two-year period). (Sec. 3) The bill also requires Medicare medication therapy management programs and MA in-home health risk assessments to include information about the safe disposal of prescription drugs. (Sec. 4) The bill prohibits inclusion of pain management questions in certain health care system surveys, unless the questions address the risks of opioid use and the availability of non-opioid alternatives.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Malpractice Relief Act of 2004''. SEC. 2. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL MALPRACTICE INSURANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business tax credits) is amended by adding at the end the following: ``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL MALPRACTICE INSURANCE. ``(a) General Rule.--For purposes of section 38, in the case of an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a taxable year is the amount equal to the applicable percentage of qualified medical malpractice insurance expenditures. ``(b) Limitation.-- ``(1) In general.--The amount of qualified medical malpractice insurance expenditures taken into account under subsection (a) for a taxable year with respect to an eligible person shall not exceed the amount equal to twice the average of costs of qualified medical malpractice insurance for similarly situated eligible persons. ``(2) Average costs.--For purposes of paragraph (1), the Secretary of Health and Human Services, after consultation with State boards of medical licensure and State boards (or agencies) regulating insurance, shall-- ``(A) determine average costs (rounded to the nearest whole dollar) of providing or furnishing general medical malpractice liability insurance to eligible persons, and ``(B) certify the amount of such costs to the Secretary on or before the 15th day of November of each year. ``(c) Definitions and Special Rule.--For purposes of this section-- ``(1) Qualified medical malpractice insurance expenditure.-- ``(A) In general.--The term `qualified medical malpractice insurance expenditure' means so much of any professional insurance premium, surcharge, payment, or other cost or expense which is paid or incurred in the taxable year by an eligible person for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person. ``(2) Eligible person.--The term `eligible person' means-- ``(A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, ``(B) any physician (as so defined) who practices in general medicine, allergy, dermatology, pathology, or any other specialty not otherwise described in this section, and ``(C) any hospital, clinic, or long-term care provider, which meets applicable legal requirements to provide the health care services involved. ``(3) Applicable percentage.--The applicable percentage is-- ``(A) 20 percent in the case of a person described in paragraph (2)(A), ``(B) 10 percent in the case of a person described in paragraph (2)(B), and ``(C) 15 percent in the case of a person described in paragraph (2)(C). ``(4) Similarly situated.--The determination of whether persons are similarly situated shall be made on the basis of medical practices primarily located within a statistical area (as defined in section 142(k)(2)) and shall differentiate between specialty and subspecialty medical practices. ``(d) Election not to Claim Credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(e) Termination.--This section shall not apply to taxable years beginning after December 31, 2005.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the medical malpractice insurance expenditure tax credit determined under section 45G(a).''. (c) Limitation on Carryback.--Section 39(d) of such Code (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of medical malpractice insurance expenditure tax credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year beginning before January 1, 2004.''. (d) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Credit for Medical Malpractice Liability Insurance Premiums.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified medical malpractice insurance expenditures otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45G (determined without regard to section 38(c)). ``(2) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).''. (e) Grants to Non-Profit Hospitals, Clinics, and Long-Term Care Providers.-- (1) In general.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible non-profit hospitals, clinics, and long-term care providers to assist such hospitals, clinics, and long-term care providers in defraying qualified medical malpractice insurance expenditures. (2) Eligible non-profit hospital, clinic, or long-term care provider.--To be eligible to receive a grant under paragraph (1) an entity shall-- (A) be a non-profit hospital, clinic, or long-term care provider; (B) be an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the year for which an application is submitted under subparagraph (C); and (C) prepare and submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (3) Amount of grant.--The amount of a grant to a non-profit hospital, clinic, or long-term care provider under paragraph (1) shall equal 15 percent of the amount of the qualified medical malpractice insurance expenditures of the hospital, clinic, or long-term care provider for the year involved. (4) Qualified medical malpractice insurance expenditure.-- In this subsection, the term ``qualified medical malpractice insurance expenditure'' means so much of any professional insurance premium, surcharge, payment or other cost or expense which is incurred by a non-profit hospital, clinic, or long- term care provider in a year for the sole purpose of providing or furnishing general medical malpractice liability insurance for such hospital, clinic, or long-term care provider as does not exceed twice the average of such costs for similarly situated hospitals, clinics, or long-term care provider homes. (5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2005 and 2006. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Credit for expenditures for medical professional malpractice insurance.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
Medical Malpractice Relief Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for taxable years beginning in 2004 or 2005 for expenditures for medical professional malpractice insurance. Allows a credit for: (1) 20 percent of the malpractice insurance expenditures of a physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, or anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of such expenditures of a physician who practices in general medicine, allergy, dermatology, pathology, or other specialty; and (3) 15 percent of such expenditures of any hospital, clinic, or long-term care provider. Limits the amount of expenditures that may be taken into account to twice the average of costs of medical malpractice insurance for similarly situated health care providers, as determined by the Secretary of Health and Human Services. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to make grants to certain non-profit hospitals, clinics, and long-term care providers to assist such entities in defraying their medical malpractice insurance expenditures. Limits the amount of such grants to 15 percent of the medical malpractice insurance expenditures incurred by such entities in any year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There are more vacant nursing positions in the United States than there are qualified registered nurses and nursing school candidates to fill those positions. (2) According to the Department of Labor, the current national nursing shortage exceeds 126,000. (3) States in the West and Southwest have a disproportionate number of nursing vacancies because of rapid population growth, which exacerbates a widening gap in the number of facilities and staff compared to patients that need care. (4) Foreign countries such as the Philippines, India, and China have an oversupply of nurses. (5) Major hospital systems in the United States spend hundreds of millions of dollars every year recruiting foreign nurses under our current immigration system. (6) Current law, with certain limited exceptions, requires health care providers to sponsor desired nurses for permanent resident status while the nurses remain outside of the United States, which can take as much as 3 years. (7) This cost is passed on to consumers and adds to the rising cost of health care. (8) Health care providers cannot efficiently and effectively recruit qualified foreign nurses through the existing immigration process. (9) Our health care system requires an immediate modification of Federal laws relating to recruitment of qualified foreign nurses in order to operate at an efficient and effective level. (b) Purpose.--The purpose of this Act is to create a new nonimmigrant visa category for registered nurses and establish admission requirements for such nonimmigrants. SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES. (a) Establishment of a New Nonimmigrant Category.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) by striking ``or'' at the end of subparagraph (U), (2) by striking the period at the end of subparagraph (V) and inserting ``; or''; and (3) by adding at the end the following: ``(W) an alien who is coming temporarily to the United States to perform services as a professional nurse, as described in section 212(v)(1)(A), who meets the qualifications described in section 212(v)(1)(B), and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(v)(2), and the alien spouse and children of any such principal alien, if accompanying or following to join the principal alien.''. (b) Requiring Petition of Importing Employer.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:. ``(15)(A) The question of importing any alien as a nonimmigrant under section 101(a)(15)(W) in any specific case or specific cases shall be determined by the consular officer, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall prescribe by regulation. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. ``(B) The following petitions shall be determined by the Secretary of Homeland Security, after consultation with appropriate agencies of the Government: ``(i) A petition for an alien lawfully present in the United States to be initially granted nonimmigrant status described in section 101(a)(15)(W). ``(ii) A petition for an alien having such status to obtain an extension of stay. ``(iii) A petition to obtain authorization for an alien having such status to change employers.''. (c) Shifting Burden of Proof for Nonimmigrant Status.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''. (d) Allowing Petition for Permanent Residence While in Nonimmigrant Status.--Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting ``(L), (V), or (W)''. (e) Other Admission Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end the following: ``(v)(1)(A) For purposes of section 101(a)(15)(W) and this subsection-- ``(i) the term `professional nurse' means a person who applies the art and science of professional nursing in a manner that reflects comprehension of principles derived from the physical, biological, and behavioral sciences; and ``(ii) the term `professional nursing' includes-- ``(I) making clinical judgments involving the observation, care, and counsel of persons requiring nursing care; ``(II) administering of medicines and treatments prescribed by the physician or dentist; and ``(III) participation in the activities for the promotion of health and prevention of illness in others. ``(B) The qualifications referred to in section 101(a)(15)(W) are that the alien is qualified, under the laws (including such temporary or interim licensing provisions or nurse licensure compact provisions which authorize the nurse to be employed) governing the place of intended employment, to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed, except that if the alien has completed all licensing requirements except for submission of a social security account number, the alien may provide a letter from the State Board of Nursing of the State of intended employment which confirms that the alien is eligible for license issuance upon presentation of such number. ``(2)(A) The attestation referred to in section 101(a)(15)(W) is an attestation by the employer to the following: ``(i) The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(W) wages that are at least-- ``(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or ``(II) the prevailing wage level for the occupational classification in the area of employment; whichever is greater, based on the best information available as of the time of the attestation. ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed at the worksite. ``(iii) The alien will be paid the wage rate for registered nurses similarly employed at the worksite. ``(iv) There is not a strike or lockout in the course of a labor dispute in the registered nurse classification at the worksite. ``(v) The employer has provided notice of the filing of the attestation to the bargaining representative of the registered nurses at the worksite or, if there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the worksite through physical posting in a conspicuous location at the worksites. ``(vi) The number of workers sought, the work locations, and the wage rate and conditions under which they will be employed. ``(B) The employer shall make a copy of the attestation available for public examination, within 10 working days after the date on which the attestation is filed, at the employer's principal place of business or worksite (along with such accompanying documents as are necessary). ``(C) The Secretary of Labor shall review the attestation only for completeness and obvious inaccuracies. Unless such Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(W) within 7 days of the date of the filing of the attestation. ``(D) An attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the 3-year period beginning on the date on which it is filed; or ``(II) the end of the period of admission under section 101(a)(15)(W) of the last alien with respect to whose admission it applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions described in section 214(c)(15) filed during the 3-year period beginning on the date on which it is filed if the employer states in each such petition that it continues to comply with the conditions in the attestation. ``(E) An employer may meet the requirements of this paragraph with respect to more than one professional nurse in a single attestation. ``(F) An employer may meet the requirements of this paragraph with respect to more than one work location in a single attestation. ``(3)(A) The Secretary of Labor shall compile, and make available for public examination in a timely manner, a list identifying employers that have filed attestations under paragraph (2)(A). Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, and period of intended employment. ``(B) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an employer's failure to meet a condition specified in an attestation submitted under paragraph (2)(A) or a misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). The Secretary shall conduct an investigation under this subparagraph if there is reasonable cause to believe that an employer willfully failed to meet a condition or willfully misrepresented a material fact. No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. ``(C) Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in subparagraph (B). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this clause on such complaints. ``(D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has willfully failed to meet a condition specified in an attestation or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Secretary of Homeland Security shall not approve petitions described in section 214(c)(15) by the employer during a period of at least 1 year for nurses to be employed by the employer. ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W) is authorized to accept new employment upon the filing by the prospective employer of a petition described in section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment authorization shall continue for such alien until such petition is adjudicated. If such petition is denied, such authorization shall cease. ``(B) A nonimmigrant alien described in this subparagraph is a nonimmigrant alien-- ``(i) who has been lawfully admitted into the United States; ``(ii) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and ``(iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition. ``(5)(A) The initial period of authorized admission for a nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and may be extended, except that the total period of authorized admission as such a nonimmigrant may not exceed 6 years. ``(B)(i) Subparagraph (A) shall not apply to any nonimmigrant on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for adjustment of status under section 245 to accord the alien status under section 203(b), has been filed, if 365 days or more have elapsed since the filing of such petition or application. ``(ii) The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under clause (i) in 1-year increments until such time as a final decision is made on the alien's lawful permanent residence. ``(iii) Notwithstanding subparagraph (A) and clause (ii), any alien who is the beneficiary of an approved petition filed under section 204(b) for a status under paragraph (1), (2), or (3) of section 203(b), and who is eligible to be granted that status but for application of the per-country limitations on immigrants under such paragraph, may apply for, and the Secretary of Homeland Security may grant, one or more extensions of nonimmigrant status under section 101(a)(15)(W) until such time as an immigrant visa is immediately available to the alien and a decision on the alien's application for adjustment of status is made. ``(6) In the case of an alien spouse, who is accompanying or following to join a principal alien admitted under section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and shall provide the spouse with an `employment authorized' endorsement or other appropriate work permit. ``(7)(A)(i) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(W) during any fiscal year is 50,000. ``(ii) If the numerical limitation in clause (i)-- ``(I) is reached during a fiscal year, the numerical limitation applicable to the subsequent fiscal year shall be 120 percent of the preceding numerical limitation; or ``(II) is not reached during a fiscal year, the numerical limitation shall remain the same during the subsequent fiscal year. ``(B) Notwithstanding subparagraph (A), aliens may be issued visas or otherwise provided nonimmigrant status under such section without regard to numerical limitation if they are only working in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals. ``(C) The numerical limitations in subparagraph (A) shall only apply to principal aliens and not to the spouse or children of such aliens.''. SEC. 4. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 90 days after the date of the enactment of this Act, the following shall promulgate regulations to carry out the amendments made by section 3: (1) The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security. (2) The Secretary of Homeland Security, in consultation with the Secretary of State. (b) Effective Date.--Notwithstanding subsection (a), the amendments made by section 3 shall take effect 90 days after the date of the enactment of this Act, regardless of whether the regulations promulgated under subsection (a) are in effect on such date. SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW. This Act is enacted pursuant to the power granted to Congress under article I, section 8, clause 4, to establish a uniform rule naturalization, and under article I, section 8, clause 18, of the United States Constitution.
Nursing Relief Act of 2006 - Amends the Immigration and Nationality Act to establish a nonimmigrant visa category (W-visa) for an alien coming to the United States to work as a professional nurse. Sets forth employer petition provisions.
{"src": "billsum_train", "title": "To create a new nonimmigrant visa category for registered nurses, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost of Production Safety Net Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Loan commodity.--The term ``loan commodity'' means wheat, corn, oats, rye, barley, and grain sorghums. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS. (a) In General.-- (1) Loans.--For each of the 1998 and subsequent crops of a loan commodity, the Secretary shall make available to producers on a farm described in paragraph (2) nonrecourse fair return commodity loans at such rate as the Secretary determines will provide a fair return to the producers in relation to the cost of production of the loan commodity. (2) Eligibility.--To be eligible to obtain a loan for a loan commodity under paragraph (1), the producers on a farm must agree to forgo obtaining a marketing assistance loan under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) with respect to the loan commodity. (b) Loan Rates.-- (1) Wheat and corn.-- (A) In general.--The loan rate for wheat and corn, respectively, determined under subsection (a) shall not be less than 75 percent of the simple average of the annual economic costs of production of wheat and corn, respectively, in the United States during the most recent 5 crop years for which data are available. (B) Calculation.--The costs of production under subparagraph (A) shall be based on the yield for each planted acre, as determined by the Secretary using the economic costs of production data series of the Economic Research Service. (2) Other feed grains.--The loan rate for grain sorghum, barley, and oats, respectively, determined under subsection (a) shall be established at such level as the Secretary determines is fair and reasonable in relation to the rate that loans are made available for corn, taking into consideration the feeding value of the commodity in relation to the feeding value of corn. (c) Term of Loans.-- (1) In general.--Subject to paragraph (2), a fair return commodity loan made under this section shall have a term of 12 months beginning on the first day of the first month after the month in which the loan is made. (2) Extension.--The Secretary may extend the term of a fair return commodity loan made to producers on a farm for any loan commodity for 1 6-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity. (d) Repayment Rates.--The Secretary shall permit the producers on a farm to repay a fair return commodity loan under this section for a loan commodity at a rate that is the lesser of-- (1) the loan rate established for the loan commodity under subsection (b), plus interest (as determined by the Secretary); or (2) a rate that the Secretary determines will-- (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the loan commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the loan commodity; and (D) allow the loan commodity produced in the United States to be marketed freely and competitively, domestically and internationally. SEC. 4. LIMITATIONS. (a) Maximum Quantity of Loan Commodities.--The maximum quantity of a loan commodity that producers on a farm are eligible to place under loan to receive a fair return commodity loan under this Act during any crop year shall be-- (1) in the case of wheat, 20,000 bushels; (2) in the case of corn, 30,000 bushels; and (3) in the case of grain sorghum, barley, and oats, a quantity that the Secretary determines is equivalent to 30,000 bushels of corn. (b) Maximum Amount of Loans and Payments.-- (1) In general.--The total amount of fair return commodity loans that a person shall be entitled to receive under this Act for 1 or more loan commodities during any crop year shall not exceed $100,000. (2) Regulation.-- (A) In general.--The Secretary shall promulgate a regulation-- (i) defining the term ``person'' for purposes of this subsection; and (ii) prescribing such rules as the Secretary determines are necessary to ensure a fair and reasonable application of the limitation established under this subsection. (B) Related provisions.--Except as provided in subsection (g), the regulation shall be consistent with paragraphs (5) through (7) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (c) Eligibility for Loans and Payments.--To be eligible for a fair return commodity loan for a loan commodity under this Act, the producers on a farm shall-- (1) be individuals who own the loan commodity, directly or indirectly; (2) provide resident, day-to-day labor for and management of the farm; and (3) provide capital investment in-- (A) the operation of the farm; and (B) the leasing or ownership of the farm. SEC. 5. ADMINISTRATION. (a) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to carry out this Act. (b) Related Provisions.--Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return commodity loans made under this Act. SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extension.--The Secretary may extend the term of a marketing assistance loan made to producers on a farm for any loan commodity for 1 9-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity.''.
Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small, Safe Schools Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research related to school size indicates that elementary and middle schools with 300-400 students, and secondary schools with 400-800 students, are more effective than schools with larger student populations. (2) Smaller school size promotes learning and improves students' grades and test scores, especially for ethnic minority and low income students. Smaller school size has been found to be the second most important factor, after high socioeconomic status, in creating positive educational outcomes. (3) Students who attend smaller schools have more positive personal and academic self-concepts. Students and staff at smaller schools have a stronger sense of personal efficacy, and the students take more of the responsibility for their own learning, which includes more individualized and experimental learning relevant to the world outside of school. (4) Studies on school dropout rates show a decrease in the rates as schools get smaller. (5) Creating smaller schools and smaller learning communities within larger schools promotes school safety. Behavioral problems, including truancy, classroom disruption, vandalism, aggressive behavior, theft, substance abuse, and gang participation are greater in larger schools. Teachers in smaller schools learn of disagreements between students and can resolve problems before problems become severe. (6) School size plays a very important role in shaping the kinds of social relationships that form within schools. Smaller schools and learning communities reduce the isolation that causes violence. Smaller schools allow students to form closer relationships with their teachers and create a sense of ownership and belonging to their school. Young people who feel more connected to their school are less likely to be involved in violence. Smaller schools and learning communities are especially effective in reducing the types of violence parents fear most, particularly gang activity and serious violent incidents. (7) Students in smaller schools are less likely to have problems with drugs or alcohol. (8) Based on studies of secondary school violence, researchers have concluded that the first step in ending school violence must be to break through the impersonal atmosphere of larger secondary schools by creating smaller communities of learning within larger structures, where students and teachers can come to know each other well. (9) Research demonstrates that students attending smaller schools are more likely to participate in extracurricular activities. The students are also involved in a greater variety of activities, while students in larger schools tend to be polarized into a group that participates and a group that does not participate in any extracurricular activities. Because everyone in smaller schools is needed to populate teams, offices, and clubs, even shy and less able students are encouraged to participate and given a sense of belonging. (10) Larger schools contribute to negative teacher attitudes and low staff morale. (11) Smaller schools can be established cost effectively. Larger schools can be more expensive because the sheer size of the larger schools requires more administrative support. More importantly, additional bureaucracy translates into less flexibility and innovation. SEC. 3. SMALL SCHOOLS AND SMALLER LEARNING COMMUNITIES. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``Part L--Small Schools and Smaller Learning Communities ``SEC. 10995. DEFINITIONS. ``In this part: ``(1) Eligible applicant.--The term `eligible applicant' means a local educational agency, an elementary school, a secondary school, or a Bureau funded school (as defined in section 1146(3) of this Act (25 U.S.C. 2026(3))) that is working independently or in partnership with other public agencies or private non-profit organizations. ``(2) Small school.--The term `small school' means a school-- ``(A) that has few enough students and teachers so that all teachers are able to know all students, and has a maximum student population of-- ``(i) 350 students in the case of an elementary school; and ``(ii) 400 to 800 students in the case of a secondary school; ``(B) in which teachers coordinate and cooperate in developing and implementing curricula; ``(C) in which a sense of shared leadership and ownership among teachers, administrators, and staff exists; and ``(D) in which parents are considered a valued part of the educational team. ``(3) Smaller learning community.--The term `smaller learning community' means a cohesive unit that-- ``(A) exists within a larger school; and ``(B) meets the requirements of subparagraphs (B) through (D) of paragraph (2). ``SEC. 10996. SMALLER LEARNING COMMUNITIES. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible applicants to enable eligible applicants to carry out the authorized activities described in subsection (c). ``(b) Applications.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall describe-- ``(1) strategies and methods the eligible applicant will use to create the smaller learning community; ``(2) curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment; ``(3) the extent of involvement of teachers and other school personnel in investigating, designing, implementing, and sustaining the smaller learning community; ``(4) the process to be used for involving students, parents, and other stakeholders in the development and implementation of the smaller learning community; ``(5) any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create the smaller learning community; ``(6) the training and professional development activities that will be offered to teachers and others involved in the activities assisted under this section; ``(7) the goals and objectives of the activities assisted under this section, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards; ``(8) the methods by which the eligible applicant will assess progress in meeting such goals and objectives; ``(9) if the smaller learning community exists as a school- within-a-school, the relationship, including governance and administration, of the smaller learning community to the rest of the school; ``(10) a description of the administrative and managerial relationship between the eligible applicant and the smaller learning community, including how such eligible applicant will demonstrate a commitment to the continuity of the smaller learning community, including the continuity of student and teacher assignment to a particular learning community; ``(11) how the eligible applicant will coordinate or use funds provided under this section with other funds provided under this Act or other Federal laws; ``(12) grade levels or ages of students who will participate in the smaller learning community; and ``(13) the method of placing students in the smaller learning community, such that students are not placed according to ability, performance, or any other measure, so that students are placed at random or by their own choice, not pursuant to testing or other judgments. ``(c) Authorized Activities.--Funds under this section may be used-- ``(1) to study the feasibility of creating the smaller learning community as well as effective and innovative organizational and instructional strategies that will be used in the smaller learning community; ``(2) to research, develop, and implement strategies for creating the smaller learning community, as well as effective and innovative changes in curriculum and instruction, geared to high State content standards and State student performance standards; ``(3) to provide professional development for school staff in innovative teaching methods that challenge and engage students and will be used in the smaller learning community; and ``(4) to develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community members in the smaller learning communities as facilitators of activities that enable teachers-- ``(A) to participate in professional development activities; and ``(B) to provide links between students and their community. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 3 succeeding fiscal years. ``SEC. 10997. TECHNICAL ASSISTANCE. ``(a) Technical Assistance.--The Secretary is authorized to provide technical assistance to eligible applicants seeking to create smaller learning communities in the elementary schools or secondary schools served by the eligible applicants. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,500,000 for fiscal year 2001 and such sums as may be necessary for each of the 3 succeeding fiscal years. ``SEC. 10998. SCHOOL CONSTRUCTION AND RENOVATION. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible applicants to enable the eligible applicants to carry out construction described in paragraph (c), or renovation described in paragraph (d), of elementary schools or secondary schools. ``(b) Applications.-- ``(1) In general.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Increasing the number of small schools and smaller learning environments.--Each such application shall describe how the construction or renovation assisted under this section will enable more students to be educated in a small school or smaller learning environment than would otherwise be possible without funds made available under this section. ``(3) Priority.--The Secretary shall give priority to an application submitted under this subsection that demonstrates-- ``(A) that the eligible applicant is located in an area densely populated with school-aged children; or ``(B) that more students will be educated in the small school or smaller learning environment than would otherwise be possible without funds made available under this section. ``(c) Construction.--The Secretary shall only award grants under subsection (a) for construction of elementary schools or secondary schools that have the following maximum student capacities: ``(1) 350 students in the case of an elementary school. ``(2) 400 students in the case of a middle school. ``(3) 800 students in the case of a secondary school. ``(d) Renovation.--The Secretary shall only award a grant under subsection (a) for renovation of an elementary school or a secondary school, that has the maximum student capacity described in subsection (b), related to the creation of small schools, or smaller learning environments, within a larger school. ``(e) Report.--Each recipient of funds under this section shall provide the Secretary with an annual report that contains a capital budget for the construction or renovation to be assisted under this section. Such report shall include a description of-- ``(1) the proposed uses for grant funds authorized under this section; and ``(2) the actual uses of grant funds received under this section in a preceding year. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.
Authorizes the Secretary of Education to award to local educational agencies, elementary or secondary schools, and schools funded by the Bureau of Indian Affairs: (1) grants for certain activities relating to smaller learning communities; (2) technical assistance in creating smaller learning communities in schools; and (3) grants for construction or renovation of elementary, middle, and secondary schools with specified maximum student capacities. Authorizes appropriations.
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SECTION 1. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) The death gratuity authorized under sections 1475 to 1480 of title 10, United States Code, was intended, when originally enacted to provide an immediate cash payment to assist survivors of deceased members of the Armed Forces to meet their financial needs during the period immediately following a member's death and before other survivor benefits become available. (2) The death gratuity, when first implemented in 1908, amounted to six months of a service member's pay and, until 1991, could not exceed $3,000. (3) However, following the attacks of September 11, 2001, and the initiation of Operation Enduring Freedom and Operation Iraqi Freedom, Congress determined that the death benefits available to survivors of members of the Armed Forces should be substantially increased. (4) The National Defense Authorization Act for Fiscal Year 2006, which was enacted on January 6, 2006, as Public Law 109- 163, increased the amount of the death gratuity to $100,000, effective retroactively to October 7, 2001. (5) Under section 1477 of title 10, United States Code, the law authorizing the death gratuity, those living relatives of deceased members of the Armed Forces who shall receive the death gratuity are specifically designated. Service members are not provided with the opportunity to make an election choosing a beneficiary other than those set forth in section 1477 of title 10, United States Code. (6) The increased death gratuity, in combination with benefits available under the Servicemembers' Group Life Insurance program, the Survivor Benefit Plan, and Dependency and Indemnity Compensation provide significant support and compensation to the next of kin of deceased members of the Armed Forces. Individual members are best qualified to determine who the beneficiaries for death benefits should be and should be afforded the opportunity to make these selections at appropriate times throughout military service and particularly prior to mobilization or deployment to a combat zone. (7) Under the current system, many members of the Armed Forces have designated individuals as beneficiaries for the death gratuity in a manner not provided for by law. In these cases, the wishes of these members regarding the disposition of the death gratuity has in many cases not been implemented, to the detriment of their children and other loved ones. (b) Sense of Congress.--It is the sense of Congress that all members of the Armed Forces should be given the opportunity to affirmatively select who shall receive the death gratuity and that the Secretary of Defense and the Secretaries of the military departments should take prompt action to afford members the opportunity to make an election in writing about the disposition of the death gratuity proceeds and to provide appropriate and timely counseling about the manner in which the proceeds of the death gratuity and other forms of insurance will be administered. (c) Modification.-- (1) In general.--Subsection (a) of section 1477 of title 10, United States Code, is amended by striking all that follows ``on the following list:'' and inserting the following: ``(1) To any individual designated by the person in writing. ``(2) If there is no person so designated, to the surviving spouse of the person. ``(3) If there is none of the above, to the children (as prescribed by subsection (b)) of the person and the descendants of any deceased children by representation. ``(4) If there is none of the above, to the parents (as prescribed by subsection (c)) of the person or the survivor of them. ``(5) If there is none of the above, to the duly appointed executor or administrator of the estate of the person. ``(6) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person's death.''. (2) Conforming amendments.--Such section is further amended-- (A) in subsection (b), by striking ``Subsection (a)(2)'' in the matter preceding paragraph (1) and inserting ``Subsection (a)(3)''; (B) by striking (c) and inserting the following new subsection (c): ``(c) For purposes of subsection (a)(4), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.''; and (C) by striking subsection (d). (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (4) Applicability.--Notwithstanding paragraph (3), the provisions of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to each member of the Armed Forces covered by such section until the earlier of the following-- (A) the date on which such member makes the designation contemplated by paragraph (1) of section 1477(a) of such title (as amended by paragraph (1) of this subsection); or (B) January 1, 2008. (d) Regulations.-- (1) In general.--Not later than April 1, 2007, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (c). (2) Elements.--The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by paragraph (1) of section 1477(a) of title 10, United States Code (as amended by subsection (c)), and instructions for members of the Armed Forces in the filling out of such forms.
Expresses the sense of Congress that all members of the Armed Forces should be permitted to select who shall receive the death gratuity (awarded for members who die while on active duty or inactive duty training), and that the Secretaries of Defense and the military departments should take appropriate action to afford members such opportunity, along with appropriate counseling. Revises the current statutory priority list of designated death gratuity beneficiaries to place first in such list any individual designated by the person (member) in writing.
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SECTION 1. INCREASE IN DEPOSIT INSURANCE COVERAGE. (a) In General.--Section 11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Net amount of insured deposit.--The net amount due to any depositor at an insured depository institution shall not exceed the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E), and (F) and paragraph (3).''; and (2) by adding at the end the following new subparagraphs: ``(E) Standard maximum deposit insurance amount defined.--For purposes of this Act-- ``(i) the term `standard maximum deposit insurance amount' means-- ``(I) until the effective date of final regulations prescribed pursuant to section 9(a)(2) of the Federal Deposit Insurance Reform Act of 2005, $100,000; and ``(II) on and after such effective date, $100,000 or $500,000, at the option of the insured depository institution, and $250,000 or $500,000 for eligible retirement accounts, at the option of the insured depository institution, adjusted as provided under subparagraph (F); and ``(ii) the term `eligible retirement plan' has the same meaning as in section 402(c)(8)(B) of the Internal Revenue Code of 1986. ``(F) Inflation adjustment.-- ``(i) In general.--By April 1 of 2009, and the 1st day of each subsequent 5-year period, the Board of Directors and the National Credit Union Administration Board shall jointly consider the factors set forth under clause (v), and, upon determining that an inflation adjustment is appropriate, shall jointly prescribe the amount by which the standard maximum deposit insurance amount and the standard maximum share insurance amount (as defined in 207(k) of the Federal Credit Union Act) applicable to any depositor at an insured depository institution shall be increased by calculating the product of-- ``(I) $100,000 or $500,000, at the option of the insured depository institution, and $250,000 or $500,000 for eligible retirement accounts, at the option of the insured depository institution; and ``(II) the ratio of the published annual value of the Personal Consumption Expenditures Chain-Type Price Index (or any successor index thereto), published by the Department of Commerce, for the calendar year preceding the year in which the adjustment is calculated under this clause, to the published annual value of such index as of the date this subparagraph takes effect. The values used in the calculation under subclause (II) shall be, as of the date of the calculation, the values most recently published by the Department of Commerce. ``(ii) Rounding.--If the amount determined under clause (ii) for any period is not a multiple of $10,000, the amount so determined shall be rounded down to the nearest $10,000. ``(iii) Publication and report to the congress.--Not later than April 5 of any calendar year in which an adjustment is required to be calculated under clause (i) to the standard maximum deposit insurance amount and the standard maximum share insurance amount under such clause, the Board of Directors and the National Credit Union Administration Board shall-- ``(I) publish in the Federal Register the standard maximum deposit insurance amount, the standard maximum share insurance amount, and the amount of coverage under paragraph (3)(A) and section 207(k)(3) of the Federal Credit Union Act, as so calculated; and ``(II) jointly submit a report to the Congress containing the amounts described in subclause (I). ``(iv) 6-month implementation period.-- Unless an Act of Congress enacted before July 1 of the calendar year in which an adjustment is required to be calculated under clause (i) provides otherwise, the increase in the standard maximum deposit insurance amount and the standard maximum share insurance amount shall take effect on January 1 of the year immediately succeeding such calendar year.''.
Amends the Federal Deposit Insurance Act to increase the standard maximum amount of deposit insurance from $100,000 to: (1) $500,000, at the option of the insured depository institution; and (2) $250,000 or $500,000 for eligible retirement accounts, at the institution's option. Requires an annual inflation adjustment. Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) Board to report to Congress and publish in the Federal Register any such inflation adjustments to the standard maximum deposit insurance amount and to the standard maximum share insurance amount.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Net Extension Act''. TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION SEC. 101. PROGRAM EXTENSION. Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (26 U.S.C. 3304 note) is amended-- (1) in subsection (a), by striking ``June 1'' and inserting ``November 30''; and (2) in subsection (b)-- (A) by striking ``May 31'' each place it appears and inserting ``November 29''; and (B) in paragraph (3), by striking ``August 30, 2003'' and inserting ``February 28, 2004''. SEC. 102. ADDITIONAL WEEKS OF BENEFITS. (a) In General.--Section 203 of the Temporary Extended Unemployment Compensation Act of 2002 is amended by adding at the end the following: ``(d) Additional Weeks of Benefits.--Notwithstanding any other provision of this section, upon the exhaustion of all amounts that may be credited to an individual's account under the preceding provisions of this section, such account shall be increased by an amount equal to 8 times the individual's average weekly benefit amount for the benefit year (as determined under subsection (b)(2)).''.st (b) Effective Date and Applicability.--The amendment made by subsection (a)-- (1) shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002, and shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act, but (2) shall not apply in the case of any individual whose eligibility for additional weeks of benefits would be based on an exhaustion of amounts (as required under such amendment) occurring on or after the date of the enactment of this Act. TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS SEC. 201. EXTENDED BENEFITS TRIGGER. (a) In General.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B) of paragraph (1), by striking ``5 per centum'' and inserting ``4 per centum'', and (2) in the first flush sentence following paragraph (2), by striking ``5'' and inserting ``4''. (b) Effective Date.--The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. SEC. 202. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS. (a) In General.--Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following new subsection: ``Increase and Decrease in Amount of Earnings Allocated to State Accounts When States Meet or Fail to Meet Funding Goals ``(h)(1) If the average daily balance in a State account in the Unemployment Trust Fund for any calendar quarter exceeds the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be increased by the interest premium on such excess. If the average daily balance in such a State account for any calendar quarter is less than the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be decreased by the interest penalty. ``(2) Paragraph (1) shall not apply with respect to any interest premium or interest penalty to the extent that such application would result in an increase or decrease of more than $2,500,000 in the amount creditable to any State account for any calendar quarter. ``(3) For purposes of this subsection, the term `interest premium' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, one-half of one percent of the amount of such excess, and ``(B) with respect to each other State, the product of-- ``(i) the amount of the excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of such excess, bears to ``(II) the percentage value of the excess of the State referred to in subparagraph (A). The Secretary shall make appropriate adjustments in the interest premium for any calendar quarter if the aggregate interest premiums payable for such quarter exceed the aggregate interest penalties for such quarter. ``(4) For purposes of this subsection, the term `interest penalty' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the funding goal of such State over the average daily balance in the State account in the Unemployment Trust Fund, one-half of one percent of the amount otherwise creditable to such account under subsection (e), and ``(B) with respect to each other State, the product of-- ``(i) the amount otherwise creditable to such account under subsection (e), and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of the excess of the funding goal of the State over such average daily balance of such State, bears to ``(II) the percentage value of such excess of the State referred to in subparagraph (A). ``(5) For purposes of this subsection, the term `funding goal' means, for any State for any calendar quarter, the average of the unemployment insurance benefits paid by such State during each of the 3 years, in the 20-year period ending with the calendar year containing such calendar quarter, during which the State paid the greatest amount of unemployment benefits. ``(6) For purposes of this subsection, the term `percentage value' means-- ``(A) with respect to any excess of the average daily balance in a State account in the Unemployment Trust Fund over the funding goal of such State, the percentage which such excess bears to such funding goal, and ``(B) with respect to any excess of such funding goal over such average daily balance, the percentage which such excess bears to such funding goal.''. (b) Conforming Amendments.-- (1) Amounts credited to state accounts.--Subsection (e) of section 904 of the Social Security Act (42 U.S.C. 1104(e)) is amended in the first sentence by inserting ``(as modified by subsection (h))'' after ``a proportionate part''. (2) Interest rate on repayment of advances determined without regard to interest premiums or penalties on amounts credited to state accounts.--Subparagraph (A) of section 1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by inserting ``(determined without regard to section 904(h))'' after ``preceding calendar year''. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report recommending sources of funding for the crediting of interest premiums under subsection (h) of section 904 of the Social Security Act (42 U.S.C. 1104), as added by this section, in the event that the imposition of interest penalties under such subsection is insufficient to fund such premiums. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2006. SEC. 203. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS. (a) In General.--Subparagraph (C) of section 1202(b)(2) of the Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as follows: ``(C) the average daily balance in the account of such State in the Unemployment Trust Fund for each of 4 of the 5 calendar quarters preceding the calendar quarter in which such advances were made exceeds the funding goal of such State (as defined in section 904(h)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to calendar years beginning after the date of the enactment of this Act. TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(c) Moratorium.--This section shall not apply to taxable years beginning in 2003 or 2004.''. (b) Effective Date.--The amendment made by this section shall take apply to taxable years beginning after December 31, 2002. SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (relating to Federal Unemployment Tax Act) is amended by redesignating section 3311 as section 3312 and by inserting after section 3310 the following new section: ``SEC. 3311. STATE COLLECTION OF TAX. ``(a) In General.--At the election of any State which is certified as provided in section 3304, each employer who pays contributions, with respect to any wages, into an unemployment fund maintained under the unemployment compensation law of such State shall submit the tax imposed by this chapter with respect to such wages to such State rather than to the Secretary. ``(b) Coordination With Depositary Requirements.--Payment under subsection (a) of the tax imposed by this chapter with respect to any wages shall be treated as timely paid for purposes of this title if paid by the employer to the State at the same time as a timely paid payment, with respect to such wages, of contributions into an unemployment fund maintained under the unemployment compensation law of such State. ``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall not apply to any payment of the tax imposed by this chapter which is not paid by an employer on or before the last date on which such payment would be treated as timely paid under subsection (b). ``(d) Federal Tax Transferred to Secretary.--Each State making an election under subsection (a) shall transmit to the Secretary, at the time and in the manner prescribed by the Secretary, the amount of the tax imposed by this chapter which is submitted to such State under subsection (a) and a copy of the State tax return of each employer making such a submission. The Secretary may, after consultation with such organizations or other entities as the Secretary considers appropriate, prescribe regulations requiring that additional information be submitted by such State with respect to the amount of such tax payable by such employer.'' (b) Clerical Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting the following new items: ``Sec. 3311. State collection of tax. ``Sec. 3312. Short title.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by adding at the end the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2003, except that section 3304(a)(20) of such Code, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2004, if the legislature of such State does not meet in a regular session which closes during the calendar year 2003. TITLE IV--TRADE ADJUSTMENT ASSISTANCE PROVISIONS SEC. 401. AUTHORIZATION OF APPROPRIATIONS. (a) Adjustment Assistance for Workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``September 30, 2007'' and inserting ``September 30, 2009''. (b) Adjustment Assistance for Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``2007'' and inserting ``2009''. (c) Adjustment Assistance for Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking ``2007'' and inserting ``2009''. SEC. 402. DELEGATION OF FUNCTIONS, POWERS, AND DUTIES TO CARRY OUT THE ADJUSTMENT ASSISTANCE FOR FIRMS PROGRAM. (a) Delegation.--Section 256 of the Trade Act of 1974 (19 U.S.C. 2346) is amended-- (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as redesignated) the following: ``(a) Except as provided in subsection (b), the Secretary shall delegate all functions, powers, and duties of the Secretary under this chapter to the International Trade Administration.''; and (3) in the heading, by striking ``to small business administration''. (b) Conforming Amendment.--The table of contents of the Trade Act of 1974 is amended in the item relating to section 256 to read as follows: ``Sec. 256. Delegation of functions; authorization of appropriations.''. (c) Effective Date.--The amendments made by this section shall take effect beginning 60 days after the date of the enactment of this Act.
Safety Net Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUCA program through November 30, 2003, with a phaseout period through February 28, 2004; and (2) provide eight additional weeks of TEUC benefits to those who have exhausted theirs before enactment of this Act. Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the formula for the extended benefits trigger. Amends the Social Security Act to require: (1) increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals; and (2) interest-free advances to State accounts in the Unemployment Trust Fund to be restricted to States which meet funding goals. Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2003 and 2004; (2) allow certified States to elect to collect Federal unemployment taxes, under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. Amends the Trade Act of 1974 to: (1) extend the authorizations of appropriations for adjustment assistance for workers, for firms, and for farmers; and (2) require delegation to the International Trade Administration of all functions, powers, and duties to carry out the program of adjustment assistance for firms (with the exception of such program for small firms, which continues to be delegated to the Small Business Administration).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Training Centers Reform and Improvement Act of 2015''. SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. (a) Establishment.--Section 884 of the Homeland Security Act of 2002 (6 U.S.C. 464) is amended to read as follows: ``SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. ``(a) Establishment.--The Secretary shall maintain in the Department the Federal Law Enforcement Training Centers (FLETC), headed by a Director, who shall report to the Secretary. ``(b) Position.--The Director shall occupy a career-reserved position within the Senior Executive Service. ``(c) Functions of the Director.--The Director shall-- ``(1) develop training goals and establish strategic and tactical organizational program plan and priorities; ``(2) provide direction and management for FLETC's training facilities, programs, and support activities while ensuring that organizational program goals and priorities are executed in an effective and efficient manner; ``(3) develop homeland security and law enforcement training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, for Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; ``(4) monitor progress toward strategic and tactical FLETC plans regarding training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, and facilities; ``(5) ensure the timely dissemination of homeland security information as necessary to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and the private sector to achieve the training goals for such entities, in accordance with paragraph (1); ``(6) carry out delegated acquisition responsibilities in a manner that-- ``(A) fully complies with-- ``(i) Federal law; ``(ii) the Federal Acquisition Regulation, including requirements regarding agency obligations to contract only with responsible prospective contractors; and ``(iii) Department acquisition management directives; and ``(B) maximizes opportunities for small business participation; ``(7) coordinate and share information with the heads of relevant components and offices on digital learning and training resources, as appropriate; ``(8) advise the Secretary on matters relating to executive level policy and program administration of Federal, State, local, tribal, territorial, and international law enforcement and security training activities and private sector security agency training activities, including training activities related to domestic preparedness and response to threats or acts of terrorism; ``(9) collaborate with the Secretary and relevant officials at other Federal departments and agencies, as appropriate, to improve international instructional development, training, and technical assistance provided by the Federal Government to foreign law enforcement; and ``(10) carry out such other functions as the Secretary determines are appropriate. ``(d) Training Responsibilities.-- ``(1) In general.--The Director is authorized to provide training to employees of Federal agencies who are engaged, directly or indirectly, in homeland security operations or Federal law enforcement activities, including such operations or activities related to domestic preparedness and response to threats or acts of terrorism. In carrying out such training, the Director shall-- ``(A) evaluate best practices of law enforcement training methods and curriculum content to maintain state-of-the-art expertise in adult learning methodology; ``(B) provide expertise and technical assistance, including on domestic preparedness and response to threats or acts of terrorism, to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; and ``(C) maintain a performance evaluation process for students. ``(2) Relationship with law enforcement agencies.--The Director shall consult with relevant law enforcement and security agencies in the development and delivery of FLETC's training programs. ``(3) Training delivery locations.--The training required under paragraph (1) may be conducted at FLETC facilities, at appropriate off-site locations, or by distributed learning. ``(4) Strategic partnerships.-- ``(A) In general.--The Director may-- ``(i) execute strategic partnerships with State and local law enforcement to provide such law enforcement with specific training, including maritime law enforcement training; and ``(ii) coordinate with the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department and with private sector stakeholders, including critical infrastructure owners and operators, to provide training pertinent to improving coordination, security, and resiliency of critical infrastructure. ``(B) Provision of information.--The Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, upon request, information on activities undertaken in the previous year pursuant to subparagraph (A). ``(5) FLETC details to dhs.--The Director may detail employees of FLETC to positions throughout the Department in furtherance of improving the effectiveness and quality of training provided by the Department and, as appropriate, the development of critical departmental programs and initiatives. ``(6) Detail of instructors to fletc.--Partner organizations that wish to participate in FLETC training programs shall assign non-reimbursable detailed instructors to FLETC for designated time periods to support all training programs at FLETC, as appropriate. The Director shall determine the number of detailed instructors that is proportional to the number of training hours requested by each partner organization scheduled by FLETC for each fiscal year. If a partner organization is unable to provide a proportional number of detailed instructors, such partner organization shall reimburse FLETC for the salary equivalent for such detailed instructors, as appropriate. ``(7) Partner organization expenses requirements.-- ``(A) In general.--Partner organizations shall be responsible for the following expenses: ``(i) Salaries, travel expenses, lodging expenses, and miscellaneous per diem allowances of their personnel attending training courses at FLETC. ``(ii) Salaries and travel expenses of instructors and support personnel involved in conducting advanced training at FLETC for partner organization personnel and the cost of expendable supplies and special equipment for such training, unless such supplies and equipment are common to FLETC-conducted training and have been included in FLETC's budget for the applicable fiscal year. ``(B) Excess basic and advanced federal training.--All hours of advanced training and hours of basic training provided in excess of the training for which appropriations were made available shall be paid by the partner organizations and provided to FLETC on a reimbursable basis in accordance with section 4104 of title 5, United States Code. ``(8) Provision of non-federal training.-- ``(A) In general.--The Director is authorized to charge and retain fees that would pay for its actual costs of the training for the following: ``(i) State, local, tribal, and territorial law enforcement personnel. ``(ii) Foreign law enforcement officials, including provision of such training at the International Law Enforcement Academies wherever established. ``(iii) Private sector security officers, participants in the Federal Flight Deck Officer program under section 44921 of title 49, United States Code, and other appropriate private sector individuals. ``(B) Waiver.--The Director may waive the requirement for reimbursement of any cost under this section and shall maintain records regarding the reasons for any requirements so waived. ``(9) Reimbursement.--The Director is authorized to reimburse travel or other expenses for non-Federal personnel who attend activities related to training sponsored by FLETC, at travel and per diem rates established by the General Services Administration. ``(10) Student support.--In furtherance of its training mission, the Director is authorized to provide the following support to students: ``(A) Athletic and related activities. ``(B) Short-term medical services. ``(C) Chaplain services. ``(11) Authority to hire federal annuitants.-- ``(A) In general.--Notwithstanding any other provision of law, the Director is authorized to appoint and maintain, as necessary, Federal annuitants who have expert knowledge and experience to meet the training responsibilities under this subsection. ``(B) No reduction in retirement pay.--A Federal annuitant employed pursuant to this paragraph shall not be subject to any reduction in pay for annuity allocable to the period of actual employment under the provisions of section 8344 or 8468 of title 5, United States Code, or similar provision of any other retirement system for employees. ``(C) Re-employed annuitants.--A Federal annuitant employed pursuant to this paragraph shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in subparagraph (B)) as may apply. ``(D) Counting.--Federal annuitants shall be counted on a full time equivalent basis. ``(E) Limitation.--No appointment under this paragraph may be made which would result in the displacement of any employee. ``(12) Travel for intermittent employees.--The Director is authorized to reimburse intermittent Federal employees traveling from outside a commuting distance (to be predetermined by the Director) for travel expenses. ``(e) On-FLETC Housing.--Notwithstanding any other provision of law, individuals attending training at any FLETC facility shall, to the extent practicable and in accordance with FLETC policy, reside in on- FLETC or FLETC-provided housing. ``(f) Additional Fiscal Authorities.--In order to further the goals and objectives of FLETC, the Director is authorized to-- ``(1) expend funds for public awareness and to enhance community support of law enforcement training, including the advertisement of available law enforcement training programs; ``(2) accept and use gifts of property, both real and personal, and to accept gifts of services, for purposes that promote the functions of the Director pursuant to subsection (c) and the training responsibilities of the Director under subsection (d); ``(3) accept reimbursement from other Federal agencies for the construction or renovation of training and support facilities and the use of equipment and technology on government owned-property; ``(4) obligate funds in anticipation of reimbursements from agencies receiving training at FLETC, except that total obligations at the end of a fiscal year may not exceed total budgetary resources available at the end of such fiscal year; ``(5) in accordance with the purchasing authority provided under section 505 of the Department of Homeland Security Appropriations Act, 2004 (Public Law 108-90; 6 U.S.C. 453a)-- ``(A) purchase employee and student uniforms; and ``(B) purchase and lease passenger motor vehicles, including vehicles for police-type use; ``(6) provide room and board for student interns; and ``(7) expend funds each fiscal year to honor and memorialize FLETC graduates who have died in the line of duty. ``(g) Definitions.--In this section: ``(1) Basic training.--The term `basic training' means the entry-level training required to instill in new Federal law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, constitutional rights, search and seizure, and related issues. ``(2) Detailed instructors.--The term `detailed instructors' means personnel who are assigned to the Federal Law Enforcement Training Centers for a period of time to serve as instructors for the purpose of conducting basic and advanced training. ``(3) Director.--The term `Director' means the Director of the Federal Law Enforcement Training Centers. ``(4) Distributed learning.--The term `distributed learning' means education in which students take academic courses by accessing information and communicating with the instructor, from various locations, on an individual basis, over a computer network or via other technologies. ``(5) Employee.--The term `employee' has the meaning given such term in section 2105 of title 5, United States Code. ``(6) Federal agency.--The term `Federal agency' means-- ``(A) an Executive Department as defined in section 101 of title 5, United States Code; ``(B) an independent establishment as defined in section 104 of title 5, United States Code; ``(C) a Government corporation as defined in section 9101 of title 31, United States Code; ``(D) the Government Printing Office; ``(E) the United States Capitol Police; ``(F) the United States Supreme Court Police; and ``(G) Government agencies with law enforcement related duties. ``(7) Law enforcement personnel.--The term `law enforcement personnel' means an individual, including criminal investigators (commonly known as `agents') and uniformed police (commonly known as `officers'), who has statutory authority to search, seize, make arrests, or to carry firearms. ``(8) Local.--The term `local' means-- ``(A) of or pertaining to any county, parish, municipality, city, town, township, rural community, unincorporated town or village, local public authority, educational institution, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, any agency or instrumentality of a local government, or any other political subdivision of a State; and ``(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation. ``(9) Partner organization.--The term `partner organization' means any Federal agency participating in FLETC's training programs under a formal memorandum of understanding. ``(10) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. ``(11) Student intern.--The term `student intern' means any eligible baccalaureate or graduate degree student participating in FLETC's College Intern Program. ``(h) Prohibition on New Funding.--No funds are authorized to carry out this section. This section shall be carried out using amounts otherwise appropriated or made available for such purpose.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 884 to read as follows: ``Sec. 884. Federal Law Enforcement Training Centers.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the Senate on December 10, 2016. Federal Law Enforcement Training Centers Reform and Improvement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to codify the establishment of the Federal Law Enforcement Training Center (FLETC) within the Department of Homeland Security (DHS). The FLETC must be headed by a director who reports to the DHS Secretary. The bill sets forth functions of the director, including to: establish and execute organizational plans and priorities; direct and manage training facilities, programs, and activities; develop training goals and curricula; disseminate homeland security information to law enforcement and security agencies and private sector stakeholders; conduct acquisition in compliance with federal law and regulations; coordinate and share digital resources with federal agencies; and collaborate to improve international instructional development, training, and technical assistance to foreign law enforcement. Additionally, the bill sets forth training responsibilities of the FLETC and partner organizations (i.e., federal agencies that participate in FLETC training programs under a formal memorandum of understanding). It authorizes the FLETC to: (1) train federal employees engaged in homeland security operations or law enforcement activities, and (2) execute strategic partnerships with state and local law enforcement agencies and coordinate with private sector stakeholders to provide training. The FLETC must consult with relevant law enforcement and security agencies to develop and deliver training programs. A partner organization must pay for and assign non-reimbursable detailed instructors to support training programs. The FLETC may conduct federal employee trainings at FLETC facilities, at off-site locations, or by distributed learning (e.g., online); detail its employees throughout DHS; charge fees for non-federal trainings; provide certain student support services; hire retired federal employees with training experience; and reimburse travel expenses of non-federal and intermittent federal employees. Individuals who attend FLETC training must reside in FLETC housing, to the extent practicable. Finally, the bill codifies existing authorities of the FLETC to spend funds to promote awareness of and support for law enforcement training, accept and use gifts for authorized purposes, accept reimbursement for the construction or renovation of training facilities, obligate funds in anticipation of reimbursements, purchase uniforms and passenger vehicles, and provide room and board for student interns. It also authorizes the FLETC to spend funds to honor and memorialize FLETC graduates who have died in the line of duty.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities and Exchange Commission Fee Reduction Act of 1996''. SEC. 2. REDUCING REGISTRATION FEES. Section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) is amended to read as follows: ``(b) Registration Fee.-- ``(1) Fee payment required.-- ``(A) In general.--At the time of filing a registration statement, the applicant shall pay to the Commission a fee that shall be equal to the sum of the amounts (if any) determined under the rates established by paragraph (3). ``(B) Publication of fees.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this subsection for each fiscal year. ``(C) Amounts of fees.--In no case shall a minimum fee required by this subsection be greater than $100. ``(2) General revenue fees.-- ``(A) Rate.--The rate determined under this paragraph is a rate equal to-- ``(i) during each fiscal year before fiscal year 2002, $200 for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered; and ``(ii) during fiscal year 2002 and each succeeding fiscal year, $182 for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered. ``(B) Revenues of treasury.--Fees collected during any fiscal year pursuant to this paragraph shall be deposited and credited as general revenues of the Treasury. ``(3) Offsetting collection fees.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered, the rate determined under this paragraph is a rate equal to-- ``(i) $103 during fiscal year 1997; ``(ii) $70 during fiscal year 1998; ``(iii) $38 during fiscal year 1999; ``(iv) $17 during fiscal year 2000; and ``(v) $0 during fiscal year 2001 or any succeeding fiscal year. ``(B) Limitation; deposit.--Except as provided in subparagraph (C), no amounts shall be collected pursuant to this paragraph for any fiscal year except to the extent provided in advance in appropriations Acts. Fees collected during any fiscal year pursuant to this paragraph shall be deposited and credited as offsetting collections in accordance with appropriations Acts. ``(C) Lapse of appropriations.--If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this paragraph at the rate in effect during the preceding fiscal year, until such a regular appropriation is enacted.''. SEC. 3. TRANSACTION FEES. (a) Amendment.--Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is amended to read as follows: ``SEC. 31. TRANSACTION FEES. ``(a) Exchange-Traded Securities.-- ``(1) Rate.--Each national securities exchange shall pay to the Commission a fee at a rate equal to-- ``(A) $33 for each $1,000,000 of the aggregate dollar amount of sales of securities (other than bonds, debentures, and other evidences of indebtedness) transacted on such national securities exchange during the period to which the fee relates under subsection (d); and ``(B) for fiscal year 2002 and each succeeding fiscal year, $25 for each $1,000,000 of such aggregate dollar amount of sales during the period to which the fee relates under subsection (d). ``(2) Revenues of treasury.--Fees collected pursuant to this subsection shall be deposited and collected as general revenue of the Treasury. ``(b) Off-Exchange-Trades of Exchange-Registered Securities.-- ``(1) Rates.--Each national securities association shall pay to the Commission a fee at a rate equal to-- ``(A) $33 for each $1,000,000 of the aggregate dollar amount of sales transacted during the period to which the fee relates under subsection (d) by or through any member of such association otherwise than on a national securities exchange of securities registered on such an exchange (other than bonds, debentures, and other evidences of indebtedness); and ``(B) for fiscal year 2002 and each succeeding fiscal year, $25 for each $1,000,000 of the aggregate dollar amount of sales referral to in subparagraph (A) during the period to which the fee relates under subsection (d). ``(2) Revenues of treasury.--Fees collected pursuant to this subsection shall be deposited and collected as general revenue of the Treasury. ``(c) Off-Exchange-Trades of Last-Sale-Reported Securities.-- ``(1) Covered transactions.--Each national securities association shall pay to the Commission a fee at a rate equal to the dollar amount determined under paragraph (2) for each $1,000,000 of the aggregate dollar amount of sales transacted during the period to which the fee relates under subsection (d) by or through any member of such association otherwise than on a national securities exchange of securities (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting pursuant to the rules of the Commission or a registered national securities association, excluding any sales for which a fee is paid under subsection (b). ``(2) Fee rates.--Except as provided in paragraph (4), the dollar amount determined under this paragraph is-- ``(A) $12 for fiscal year 1997; ``(B) $14 for fiscal year 1998; ``(C) $17 for fiscal year 1999; ``(D) $18 for fiscal year 2000; ``(E) $20 for fiscal year 2001; and ``(F) $25 for fiscal year 2002 or for any succeeding fiscal year. ``(3) Limitation; deposit of fees.--Except as provided in paragraph (4), no amounts shall be collected pursuant to this subsection for any fiscal year beginning before October 1, 2001, except to the extent provided in advance in appropriations Acts. Fees collected during any such fiscal year pursuant to this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission, except that any amounts in excess of the following amounts (and any amount collected for fiscal years beginning on or after October 1, 2001) shall be deposited and credited as general revenues of the Treasury: ``(A) $20,000,000 for fiscal year 1997. ``(B) $26,000,000 for fiscal year 1998. ``(C) $32,000,000 for fiscal year 1999. ``(D) $32,000,000 for fiscal year 2000. ``(E) $32,000,000 for fiscal year 2001. ``(F) $0 for fiscal year 2002 and any succeeding fiscal year. ``(4) Lapse of appropriations.--If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until such a regular appropriation is enacted. ``(d) Dates for Payment of Fees.--The fees required by subsections (a), (b), and (c) shall be paid-- ``(1) on or before March 15, with respect to transactions and sales occurring during the period beginning on the preceding September 1 and ending at the close of the preceding December 31; and ``(2) on or before September 30, with respect to transactions and sales occurring during the period beginning on the preceding January 1 and ending at the close of the preceding August 31. ``(e) Exemptions.-- ``(1) Commission authority.--The Commission may, by rule, exempt any sale of securities or any class of sales of securities from any fee imposed by this section, if the Commission finds that such exemption is consistent with the public interest, the equal regulation of markets and brokers and dealers, and the development of a national market system. ``(2) Low-volume transactions.--No fee shall be assessed under this section for transactions involving portfolios of equity securities taking place at times of day characterized by low volume and during nontraditional trading hours, as determined by the Commission. ``(f) Publication.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this section for each fiscal year.''. (b) Effective Date; Transition.-- (1) Effective date.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply with respect to transactions in securities that occur on or after October 1, 1996. (2) Off-exchange trades of last sale reported transactions.--The amendment made by subsection (a) shall apply with respect to transactions described in section 31(d)(1) of the Securities Exchange Act of 1934 (as amended by subsection (a) of this section) that occur on or after October 1, 1996. (3) Rule of construction.--Nothing in this subsection shall be construed to affect the obligation of national securities exchanges and registered brokers and dealers under section 31 of the Securities Exchange Act of 1934, as in effect on the day before the effective date of the amendment made by subsection (a), to make the payments required by such section on March 15, 1997. SEC. 4. TIME FOR PAYMENT. Section 4(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(e)) is amended by inserting before the period at the end the following: ``, and the Commission may also specify the time that such fee shall be determined and paid relative to the filing of any statement or document with the Commission''. SEC. 5. ELIMINATION OF UNNECESSARY FEES. The fees authorized by the amendments made by this Act are in lieu of, and not in addition to, any fees that the Securities and Exchange Commission is authorized to impose or collect pursuant to section 9701 of title 31, United States Code.
Securities and Exchange Commission Fee Reduction Act of 1996 - Amends the Securities Act of 1933 to: (1) prohibit the minimum required registration fee from exceeding $100 (current law prohibits the minimum fee from being less than $100); and (2) set forth a schedule for general revenue fees and offsetting collection fees in diminishing amounts through FY 2001. (Sec. 3) Amends the Securities Exchange Act of 1934 to revise the transaction fee schedule for: (1) exchange-traded securities; (2) off-exchange trades of exchange-registered securities; (3) off-exchange trades of last-sale-reported securities. Declares that such fees are in lieu of, and not in addition to, any fees that the Securities and Exchange Commission is authorized to impose or collect.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telemedicine Development Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to support the development of telemedicine projects that are designed to improve the delivery, accessability and affordability of health care services to Americans living in rural areas. This Act is intended to-- (1) assist rural hospitals and other rural health care providers in dealing with personnel shortages and shared staffing arrangements by providing such providers with the telecommunications technology necessary to maintain contact with itinerant staff and remote specialists; (2) reduce the cost of care for rural patients and strengthen rural health care providers by using telecommunications technologies to permit such patients to stay in their local hospitals and to receive other health services locally whenever possible and appropriate, by reducing paperwork costs and by improving coordination and efficiency in the delivery of health care; (3) provide rural health care providers with access, via telecommunications systems, to equipment, specialists, and continuing education programs that are otherwise generally not available in rural areas; and (4) demonstrate the effectiveness of fiber optics telecommunication systems in improving the quality and access of health care services in rural areas. SEC. 3. ESTABLISHMENT OF GRANT PROGRAMS. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended-- (1) in the title heading by striking out ``AND HEALTH PROMOTION'' and inserting in lieu thereof ``, HEALTH PROMOTION AND TELEMEDICINE DEVELOPMENT''; (2) by inserting after the title heading the following: ``Part A--Health Information and Health Promotion''; and (3) by adding at the end thereof the following new part: ``Part B--Telemedicine Development ``SEC. 1711. GRANT PROGRAM FOR PROMOTING THE INITIAL DEVELOPMENT OF RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to eligible entities described in section 1714(a) for the purpose of encouraging the initial development of rural telemedicine networks. Grants shall be awarded under this section to encourage the formation of rural health care networks that could benefit from the use of telecommunications technology in providing health services to rural areas. ``(b) Application.--To be eligible to receive a grant under this section an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Preference in Awarding Grants.--The Secretary shall, in awarding grant under subsection (a), give preference to applicants that-- ``(1) are participants in rural health care networks or that propose to form such networks; ``(2) can demonstrate broad geographic coverage in the rural areas of the State, or States in which the applicant is located; and ``(3) propose to use Federal funds to develop plans for, or to establish, pilot telecommunications systems that will link rural hospitals and other rural health care providers to other hospitals, and health care providers. ``SEC. 1712. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to rural health networks for the purpose of linking such networks together using advanced telemedicine systems. Grants shall be awarded under this section to further develop telemedicine projects initiated by these rural health care networks. ``(b) Application.--To be eligible to receive a grant under this section an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Minimum Qualifications.--The Secretary may not award a grant to an applicant under subsection (a) unless-- ``(1) the applicant is determined by the Secretary to include one or more rural health network; and ``(2) the applicant can demonstrate broad geographical coverage in the rural areas of the State or States in which it is located. ``(d) Preferences in Awarding Grants.--The Secretary shall, in awarding grants under subsection (a), give preference to qualified applicants that-- ``(1) can demonstrate that a majority of the hospitals and other providers participating in the applicant group have functioned as networks for at least 1 year prior to applying for funding under this section; and ``(2) will use amounts provided under the grant to provide a range of telecommunications applications such as teleradiology, telepathology, interactive video consultation and remote educational services and to promote areawide health planning and greater efficiency in administrative activities. ``SEC. 1713. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED FIBER OPTIC BASED RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to rural health networks for the purpose of linking these networks to existing fiber optic telecommunications systems. ``(b) Application.--To be eligible to receive a grant under this section an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Minimum Qualifications.--The Secretary may not award a grant to an applicant under subsection (a) unless-- ``(1) the applicant is determined by the Secretary to include one or more rural health network; ``(2) the applicant group can demonstrate broad geographical coverage in the rural areas of the State or States in which it is located; and ``(3) the applicant group will participate in an existing fiber optic telecommunications system. ``(d) Preferences in Awarding Grants.--The Secretary shall, in awarding grants under subsection (a), give preference to qualified applicants that-- ``(1) will use grant funds to provide a range of telecommunications applications including teleradiology, telepathology, interactive video consultation and remote educational services and to promote areawide health planning and greater efficiency in administrative activities; ``(2) demonstrate that the majority of the hospitals and other providers participating in the applicant group have functioned as networks for at least 1 year prior to applying for funding under this section; and ``(3) will participate in an existing Statewide fiber optics cable system. ``SEC. 1714. USE OF FUNDS FOR INITIAL DEVELOPMENT GRANT PROGRAMS. ``(a) Eligible Entities.--Entities eligible to receive a grant under section 1711 shall include hospitals, hospital networks, and other health care providers. ``(b) Use of Amounts.--Amounts received under a grant awarded under section 1711 shall be utilized for the initial development of rural telemedicine networks, including the establishment of pilot telemedicine projects involving two or more providers. Such amounts may be used to cover the costs associated with the development of telemedicine networks and the acquisition or construction of telecommunications facilities and equipment including-- ``(1) the development and acquisition through lease or purchase of computer hardware and software, audio and visual equipment, computer network equipment, telecommunications transmission facilities, telecommunications terminal equipment, interactive video equipment, data terminal equipment, and other facilities and equipment that would further the purposes authorized by this part; ``(2) the provision of technical assistance and instruction for the development and use of such programming, equipment, or facilities; ``(3) the development and acquisition of instructional programming; or ``(4) such other uses that are consistent with achieving the purposes of this part as approved by the Secretary. ``SEC. 1715. USE OF FUNDS FOR ADVANCED TELEMEDICINE GRANT PROGRAMS. ``Grants under sections 1712 and 1713 shall be available to health care networks for the development of telemedicine networks and the acquisition or construction of telecommunications facilities and equipment including-- ``(1) the development and acquisition through lease or purchase of computer hardware and software, audio and visual equipment, computer network equipment, telecommunications transmission facilities, telecommunications terminal equipment, interactive video equipment, data terminal equipment, and other facilities and equipment that would further the purposes authorized by this part; ``(2) the provision of technical assistance and instruction for the development and use of such programming, equipment, or facilities; ``(3) the development and acquisition of instructional programming; or ``(4) such other uses that are consistent with achieving the purposes of this part as approved by the Secretary. ``SEC. 1716. DEFINITIONS. ``For the purposes of this part: ``(1) Computer networks.--The term `computer networks' means computer hardware and software, terminals, signal conversion equipment including both modulators and demodulators, or related devices, used to communicate with other computers to process and exchange data through a telecommunication network in which signals are generated, modified, or prepared for transmission, or received, via telecommunications terminal equipment and telecommunications transmission facilities. ``(2) Data terminal equipment.--The term `data terminal equipment' means equipment that converts user information into data signals for transmission, or reconverts the received data signals into user information, and is normally found on the terminal of a circuit and on the premises of the end user. ``(3) Fiber optic cable.--The term `fiber optic cable' means a bundle of optical transmission elements or waveguides usually consisting of a fiber core and fiber cladding that can guide a lightwave and that are incorporated into an assembly of materials that provide tensile strength and external protection. ``(4) Interactive video equipment.--The term `interactive video equipment' means equipment used to produce and prepare for transmission audio and visual signals from at least two distant locations in order that individuals at such locations can verbally and visually communicate with each other, and such equipment includes monitors, other display devices, cameras or other recording devices, audio pickup devices, and other related equipment. ``(5) Health care network.--The term `rural health care network' means a group of rural hospitals or other rural health care providers (including clinics, physicians and non-physician primary care providers) that have entered into a formal relationship with each other or with nonrural hospitals and health care providers for the purpose of strengthening the delivery of health care services in rural areas or specifically to improve their patients' access to telemedicine services. At least 75 percent of hospitals and other health care providers participating in the network shall be located in rural areas. ``(6) Statewide fiber optic cable system.--The term `Statewide fiber optic cable system' means a telecommunications system that will carry voice, data, and full motion video traffic through fiber optic cable to a point of presence in every county in the State in which it is located. ``(7) Telecommunications terminal equipment.--The term `telecommunications terminal equipment' means the assembly of telecommunications equipment at the end of a circuit, normally located on the premises of the end user, that interfaces with telecommunications transmission facilities, and that is used to modify, convert, encode, or otherwise prepare signals to be transmitted via such telecommunications facilities, or that is used to modify, reconvert or carry signals received from such facilities, the purpose of which is to accomplish the goal for which the circuit was established. ``(8) Telecommunications transmission facilities.--The term `telecommunications transmission facilities' means those facilities that transmit, receive, or carry data between the telecommunications terminal equipment at each end of a telecommunications circuit or path. Such facilities include microwave antennae, relay stations and towers, other telecommunications antennae, fiber-optic cables and repeaters, coaxial cables, communication satellite ground station complexes, copper cable electronic equipment associated with telecommunications transmissions, and similar items as defined by the Secretary. ``SEC. 1717. AUTHORIZATION OF APPROPRIATIONS. ``For the purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1997.''.
Rural Telemedicine Development Act of 1993 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants: (1) to hospitals, hospital networks, and other health care providers to encourage the initial development of rural telemedicine networks to use telecommunications technology in providing health services to rural areas; and (2) for linking such networks together using advanced telemedicine systems and for linking such networks to existing fiber optic telecommunications systems. Sets forth provisions regarding: (1) application requirements; (2) preferences in awarding grants; and (3) use of funds for initial development and advanced telemedicine grant programs. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Senior Citizens Pet Ownership Protection Act''. SEC. 2. PET OWNERSHIP. Section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) is amended-- (1) by striking the section heading and inserting the following new section heading: ``pet ownership by elderly and disabled families in federally assisted rental housing''; (2) by striking subsection (d); (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following new subsection: ``(c) Pet Ownership by Elderly Families in Other Federally Assisted Housing.-- ``(1) Rights of tenants.--No owner or manager of any other federally assisted rental housing may-- ``(A) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing who is an elderly family from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; ``(B) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing who, during such tenancy, was an elderly family who owned or had a common household pet living in the dwelling accommodations of such tenant in such housing from continuing to own or have the pet in the accommodations after the tenant no longer qualifies as an elderly family; or ``(C) restrict or discriminate against any elderly family in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. ``(2) Regulations.-- ``(A) Requirement.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure-- ``(i) compliance with the provisions of paragraph (1) with respect to any program of assistance referred to in subsection (e)(3) that is administered by such Secretary; and ``(ii) attaining the goal of providing decent, safe, and sanitary housing for elderly families. ``(B) Management guidelines.--Such regulations shall establish guidelines under which the owner or manager of any other federally assisted rental housing (i) may prescribe reasonable rules for the keeping of pets in such housing by tenants pursuant to paragraph (1), and (ii) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care.''; (5) in subsection (d) (as so redesignated by paragraph (3))-- (A) by inserting ``Authority to Remove Pets.--'' after ``(d)''; and (B) by inserting after ``handicapped'' the following: ``or of other federally assisted rental housing''; and (6) by adding at the end the following new subsection: ``(f) Definitions.--For purposes of this section: ``(1) Elderly and disabled families.--The terms `elderly families' and `disabled families' shall have the meanings given such terms in section 3(b)(3) of the United States Housing Act of 1937. ``(2) Federally assisted rental housing for the elderly or disabled.--The term `federally assisted rental housing for the elderly or disabled' means any rental housing project that is assisted under-- ``(A) section 202 of the Housing Act of 1959; ``(B) section 811 of the Cranston-Gonzalez National Affordable Housing Act; or ``(C) the United States Housing Act of 1937, the National Housing Act, or title V of the Housing Act of 1949, and is designated for occupancy by elderly or disabled families or by elderly or handicapped families. ``(3) Other federally assisted rental housing.--The term `other federally assisted rental housing' means any-- ``(A) public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937); ``(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937; ``(C) housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act; ``(D) housing insured, assisted, or held by the Secretary of Housing and Urban Development or a State or State agency under section 236 of the National Housing Act; ``(E) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and ``(F) rental housing project assisted under title V of the Housing Act of 1949.''. SEC. 3. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue any regulations necessary to carry out section 227 of the Housing and Urban-Rural Recovery Act of 1983, as amended by section 2 of this Act. (b) Effective Date.--Section 227 of the Housing and Urban-Rural Recovery Act of 1983, as amended by section 2 of this Act, shall take effect upon the earlier of-- (1) the effective date of the regulations issued under subsection (a); or (2) the expiration of the 18-month period beginning on the date of the enactment of this Act. After the enactment of this Act and before the effective date under the preceding sentence, the provisions of such section 227 shall continue to apply as if the amendments made section 2 of this Act had not been enacted.
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Homeownership and Equity Protection Act''. SEC. 2. ELIGIBILITY FOR RELIEF. Section 109 of title 11, United States Code, is amended-- (1) by adding at the end of subsection (e) the following: ``For purposes of this subsection, the computation of debts shall not include the secured or unsecured portions of-- ``(1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or ``(2) debts secured or formerly secured by real property that was the debtor's principal residence that was sold in foreclosure or that the debtor surrendered to the creditor if the current value of such real property is less than the secured debt limit.''; and (2) by adding at the end of subsection (h) the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322(b) of title 11, United States Code, is amended-- (1) by redesignating paragraph (11) as paragraph (12), (2) in paragraph (10) by striking ``and'' at the end, and (3) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a loan made before the date of the enactment of the Emergency Homeownership and Equity Protection Act secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced, modify the rights of the holder of such claim-- ``(A) by providing for payment of the amount of the allowed secured claim as determined under section 506(a)(1); ``(B) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; ``(C) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is no longer than the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at an annual percentage rate calculated at a fixed annual percentage rate, in an amount equal to the then most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and ``(D) by providing for payments of such modified loan directly to the holder of the claim; and''. SEC. 4. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court (annually or, in order to permit filing consistent with clause (ii), at such more frequent periodicity as the court determines necessary) notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 5. CONFIRMATION OF PLAN. Section 1325(a) of title 11, the United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), the plan provides that the holder of a claim whose rights are modified pursuant to section 1322(b)(11) retain the lien until the later of-- ``(A) the payment of such holder's allowed secured claim; or ``(B) discharge under section 1328; and ``(11) the plan modifies a claim in accordance with section 1322(b)(11), and the court finds that such modification is in good faith.''. SEC. 6. DISCHARGE. Section 1328 of title 11, the United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11)'' after ``paid'' the 1st place it appears, and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.
Emergency Homeownership and Equity Protection Act - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit. Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence. Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period. Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith. Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.
{"src": "billsum_train", "title": "To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Investment and Savings Equity Act of 1999''. SEC. 2. INDIVIDUALS MAY MAKE CONTRIBUTIONS FOR PERIODS OF MATERNITY OR PATERNITY LEAVE. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(v) Right To Make Contributions With Respect to Periods of Maternity and Paternity Leave.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting the requirements of section 408 (k) or (p), unless such plan or arrangement permits participants who were on eligible maternity or paternity leave to make additional elective deferrals under the plan or arrangement with respect to periods of such leave. ``(2) Treatment of contributions.-- ``(A) In general.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, ``(ii) such contribution shall be subject to the limitations referred to in clause (i) with respect to the year to which the contribution relates (in accordance with rules prescribed by the Secretary), and ``(iii) except as provided in subparagraph (B)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(B) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1), but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the plan had the elective deferral actually been made during the period of eligible maternity and paternity leave. ``(3) Amount and timing of elective deferrals.--A plan shall not be treated as meeting the requirements of paragraph (1) unless the plan provides the following: ``(A) Amount.--The amount of any elective deferral under paragraph (1) which any employee is permitted to make with respect to any period of eligible maternity and paternity leave shall not exceed the maximum amount of the elective deferrals that the employee would have been permitted to make during such period in accordance with the limitation referred to in paragraph (2)(A)(i) if the individual-- ``(i) had not been on eligible maternity and paternity leave during such period, and ``(ii) had received compensation in an amount determined under rules similar to the rules under subsection (u)(7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during such period. ``(B) Timing.--An employee may make an elective deferral to which paragraph (1) applies at any time during the 3-year period beginning on the date on which the eligible maternity or paternity leave ends. Any matching contribution with respect to any such elective deferral shall be made not later than the due date (including extensions) for the filing of the employer's return for the taxable year in which such elective deferral is made. ``(4) Eligible maternity and paternity leave.--For purposes of this subsection-- ``(A) In general.--The term `eligible maternity or paternity leave' means any absence of an individual from work for any period-- ``(i) by reason of the pregnancy of the individual, ``(ii) by reason of the birth of a child of the individual, ``(iii) by reason of the placement of a child with the individual in connection with the adoption of the child by the individual, or ``(iv) for purposes of caring for such child for a period beginning immediately following such birth or placement. ``(B) Limitation.--Such period may not exceed 12 months with respect to any child. ``(5) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include any after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply. ``(D) Loan repayment suspensions permitted.--In the case of any plan or arrangement to which paragraph (1) applies, the rules of subsection (u)(4) shall apply to any loan repayment suspension during any period of eligible maternity and paternity leave.'' (b) Effective Date.--The amendment made by this section shall apply to periods of eligible maternity and paternity leave beginning after December 31, 1999. SEC. 3. CATCHUP CONTRIBUTIONS FOR FAMILIES WITH CHILDREN NOT COVERED BY A PENSION PLAN. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules), as amended by section 2, is amended by adding at the end the following: ``(w) Catchup Contributions for Families With Children Not Covered by a Pension Plan.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting requirements of section 408 (k) or (p), unless such plan or arrangement permits eligible participants to make additional elective deferrals under the plan or arrangement in accordance with paragraph (2). ``(2) Catchup contributions.-- ``(A) In general.--A plan shall permit an eligible participant to make the additional elective deferrals under paragraph (1) in any year which is certified as a catchup year by the participant under subparagraph (E). ``(B) Limitation on amount of additional deferrals.--A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-- ``(i) the amount of the elective deferrals the participant may otherwise make under the plan for such year (determined without regard to this subsection, subsection (u), or any limitation described in subparagraph (C)(i)), or ``(ii) the excess (if any) of-- ``(I) 120 percent of the dollar limitation in effect under section 402(g), 408(p), or 457(b)(2)(A), whichever is applicable, for taxable years beginning in the calendar year in which the plan year begins, over ``(II) any other elective deferrals of the participant for such year which are made without regard to this subsection. ``(C) Treatment of contributions.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, and ``(ii) except as provided in subparagraph (D)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(D) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1) for any year, but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the terms of the plan in effect for elective deferrals made for such year without regard to this subsection. ``(E) Certification of catchup years.-- ``(i) In general.--A participant making additional elective deferrals under paragraph (1) for any year shall certify to the plan administrator that-- ``(I) the participant is an eligible participant, and ``(II) the year is a catchup year. ``(ii) Catchup year.--An eligible participant may certify 1 or more years as catchup years, except that the total number of years which may be certified shall not exceed the excess (if any) of-- ``(I) the number of years (not in excess of 18) described in paragraph (3) occurring before the year in question, over ``(II) the number of years previously certified by the participant under this subsection. ``(iii) Plans not responsible for certification failures.--A plan shall not be treated as failing to meet the requirements of this subsection by reason of reliance on an incorrect certification under this subparagraph unless the plan administrator knew, or reasonably should have known, that the certification was incorrect. ``(3) Eligible participant.--For purposes of this subsection, the term `eligible participant' means, with respect to any year, a participant in a plan who, for any calendar year before the calendar year in which the year begins-- ``(A) was not an active participant (within the meaning of section 219(g)(5)) for any plan year beginning in the calendar year, and ``(B) had a child or stepchild who had not attained age 18 with respect to whom a deduction was allowed under section 151 to the participant (or the participant's spouse) for a taxable year beginning in the calendar year. ``(4) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply.'' (b) Effective Date.--The amendment made by this section shall apply to contributions in taxable years beginning after December 31, 1999.
Women's Investment and Savings Equity Act of 1999 - Amends the Internal Revenue Code to permit retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
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SECTION 1. ALTERNATIVE CONDITIONS AND FISHWAYS. (a) Alternative Mandatory Conditions.--Section 4 of the Federal Power Act (16 U.S.C. 797) is amended by adding at the end the following: ``(h)(1) Whenever any person applies for a license for any project works within any reservation of the United States, and the Secretary of the department under whose supervision such reservation falls (referred to in this subsection as `the Secretary`) deems a condition to such license to be necessary under the first proviso of subsection (e), the license applicant may propose an alternative condition. The license applicant shall be entitled to a determination on the record after opportunity for an agency trial-type hearing of any disputed issues of material fact. ``(2) Notwithstanding the first proviso of subsection (e), the Secretary shall accept the proposed alternative condition referred to in paragraph (1), and the Commission shall include in the license such alternative condition, if the Secretary determines, based on substantial evidence provided by the license applicant that such alternative condition-- ``(A) provides for the adequate protection and utilization for the reservation; and ``(B) will either-- ``(i) cost less to implement, or ``(ii) result in improved operation of the project works for electricity production, as compared to the condition initially deemed necessary by the Secretary. ``(3) The Secretary shall submit into the public record of the Commission proceeding with any condition under subsection (e) or alternative condition it accepts under this subsection a written statement explaining the basis for such condition, and reason for not accepting any alternative condition under this subsection. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use, flood control, navigation, drinking, irrigation, and recreational water supply, and air quality, in addition to the preservation of other aspects of environmental quality, based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary's decision. ``(4) Nothing in this subsection shall prohibit other interested parties from proposing alternative conditions. ``(5) If the Secretary does not accept an applicant's alternative condition under this subsection, and the Commission finds that the Secretary's condition would be inconsistent with the purposes and requirements of this Part, or other applicable law, the Commission may refer the dispute to the Commission's Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not adequately protect the reservation. The Secretary shall submit the advisory and the Secretary's final written determination into the record of the Commission proceeding.''. (b) Alternative Fishways.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended as follows: (1) By inserting ``(a)'' before the first sentence. (2) By adding at the end the following: ``(b)(1) Whenever the Secretary of the Interior or the Secretary of Commerce prescribes a fishway under this section, the license applicant or the licensee may propose an alternative to such prescription to construct, maintain, oroperate a fishway. The license applicant shall be entitled to a determination on the record after opportunity for an agency trial-type hearing of any disputed issues of material fact. ``(2) Notwithstanding subsection (a), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative referred to in paragraph (1) if the Secretary of the appropriate department determines, based on substantial evidence provided by the licensee, that the alternative-- ``(A) will be no less protective of the fish resources than the fishway initially prescribed by the Secretary; and ``(B) will either-- ``(i) cost less to implement, or ``(ii) result in improved operation of the project works for electricity production, as compared to the fishway initially prescribed by the Secretary. ``(3) The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under subsection (a) or alternative prescription it accepts under this subsection a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this subsection. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the prescription adopted or alternative not accepted on energy supply, distribution, cost, and use, flood control, navigation, drinking, irrigation, and recreational water supply, and air quality, in addition to the preservation of other aspects of environmental quality, based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary's decision. ``(4) Nothing in this subsection shall prohibit other interested parties from proposing alternative prescriptions. ``(5) If the Secretary does not accept an applicant's alternative prescription under this subsection, and the Commission finds that the Secretary's prescription would be inconsistent with the purposes and requirements of this Part, or other applicable law, the Commission may refer the dispute to the Commission's Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not adequately protect the fish resources. The Secretary shall submit the advisory and the Secretary's final written determination into the record of the Commission proceeding.''.
Amends the Federal Power Act to prescribe guidelines for hydroelectric licensing applicants to propose alternative conditions or alternative fishways for project works within a Federal reservation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arbitration Fairness Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of United States Supreme Court decisions have changed the meaning of the Act so that it now extends to disputes between parties of greatly disparate economic power, such as consumer disputes and employment disputes. As a result, a large and rapidly growing number of corporations are forcing millions of consumers and employees to give up their right to have disputes resolved by a judge or jury, and instead submit their claims to binding arbitration. (3) Most consumers and employees have little or no meaningful option whether to submit their claims to arbitration. Few people realize or understand the importance of the deliberately fine print that strips them of rights, and because entire industries are adopting these clauses, people increasingly have no choice but to accept them. They must often give up their rights as a condition of having a job, getting necessary medical care, buying a car, opening a bank account, getting a credit card, and the like. Often times, they are not even aware that they have given up their rights. (4) Private arbitration companies are sometimes under great pressure to devise systems that favor the corporate repeat players who decide whether those companies will receive their lucrative business. (5) Mandatory arbitration undermines the development of public law for civil rights and consumer rights because there is no meaningful judicial review of arbitrators' decisions. With the knowledge that their rulings will not be seriously examined by a court applying current law, arbitrators enjoy near complete freedom to ignore the law and even their own rules. (6) Mandatory arbitration is a poor system for protecting civil rights and consumer rights because it is not transparent. While the American civil justice system features publicly accountable decision makers who generally issue public, written decisions, arbitration often offers none of these features. (7) Many corporations add to arbitration clauses unfair provisions that deliberately tilt the systems against individuals, including provisions that strip individuals of substantive statutory rights, ban class actions, and force people to arbitrate their claims hundreds of miles from their homes. While some courts have been protective of individuals, too many courts have erroneously upheld even egregiously unfair mandatory arbitration clauses in deference to a supposed Federal policy favoring arbitration over the constitutional rights of individuals. SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL RIGHTS DISPUTES. (a) In General.--Title 9 of the United States Code is amended by adding at the end the following: ``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL RIGHTS DISPUTES ``Sec. ``401. Definitions. ``402. Validity and enforceability. ``Sec. 401. Definitions ``In this chapter-- ``(1) the term `civil rights dispute' means a dispute-- ``(A) arising under-- ``(i) the Constitution of the United States or the constitution of a State; or ``(ii) a Federal or State statute that prohibits discrimination on the basis of race, sex, disability, religion, national origin, or any invidious basis in education, employment, credit, housing, public accommodations and facilities, voting, or program funded or conducted by the Federal Government or State government, including any statute enforced by the Civil Rights Division of the Department of Justice and any statute enumerated in section 62(e) of the Internal Revenue Code of 1986 (relating to unlawful discrimination); and ``(B) in which at least 1 party alleging a violation of the Constitution of the United States, a State constitution, or a statute prohibiting discrimination is an individual; ``(2) the term `consumer dispute' means a dispute between a person other than an organization who seeks or acquires real or personal property, services (including services relating to securities and other investments), money, or credit for personal, family, or household purposes and the seller or provider of such property, services, money, or credit; ``(3) the term `employment dispute' means a dispute between an employer and employee arising out of the relationship of employer and employee as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); ``(4) the term `franchise dispute' means a dispute between a franchisee with a principal place of business in the United States and a franchisor arising out of or relating to contract or agreement by which-- ``(A) a franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; ``(B) the operation of the franchisee's business pursuant to such plan or system is substantially associated with the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and ``(C) the franchisee is required to pay, directly or indirectly, a franchise fee; and ``(5) the term `predispute arbitration agreement' means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. ``Sec. 402. Validity and enforceability ``(a) In General.--Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, franchise, or civil rights dispute. ``(b) Applicability.-- ``(1) In general.--An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by the court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(2) Collective bargaining agreements.--Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom.''. (b) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 1, by striking ``of seamen,'' and all that follows through ``interstate commerce''; (B) in section 2, by inserting ``or as otherwise provided in chapter 4'' before the period at the end; (C) in section 208-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''; and (D) in section 307-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''. (2) Table of sections.-- (A) Chapter 2.--The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: ``208. Application.''. (B) Chapter 3.--The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: ``307. Application.''. (3) Table of chapters.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``4. Arbitration of employment, consumer, franchise, and 401''. civil rights disputes. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.
Arbitration Fairness Act of 2009 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or franchise, or civil rights dispute. Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the Constitution of the United States, a state constitution, or a federal or state statute, or public policy arising therefrom.
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SECTION 1. SHORT TITLE; STATEMENT OF PURPOSE. (a) Short Title.--This Act may be cited as the ``Industrial Innovation Act of 1993''. (b) Statement of Purpose.--The purposes of this Act are to help small and medium-sized businesses to utilize the best practices in quality processes, productivity, and marketing programs and to utilize such practices in human resource management. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Small and medium-sized manufacturer.--The term ``small and medium-sized manufacturers'' shall have such meaning as the Secretary, by regulation, shall prescribe. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) State.--The term ``State'' means each of the several States, the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for fiscal years 1994, 1995, and 1996 not more than $300,000,000 to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization provided by subsection (a) shall remain available until expended. SEC. 4. APPLICATION. (a) Grants.--The Secretary is authorized to make grants to the States to enable the States to provide technical and financial assistance to small and medium-sized manufacturers in accordance with this Act. (b) In General.--To receive a grant under this Act, a State shall submit to the Secretary an application at such time and in such form and containing such information as the Secretary may require, including, but not limited to-- (1) the certifications required under subsection (c); (2) identification of the impact of industrial job loss on the State, regions within the State, and particular communities; (3) the need for services among manufacturing firms; (4) existing State and local efforts to address such needs; (5) assurances satisfactory to the Secretary that the State will use amounts from a grant only for the eligible activities under section 5; (6) identification, through a strategic plan, of how a grant will leverage coordination of existing private and public business services, financial assistance, job training and educational programs in support of objectives of the grant; (7) assurances satisfactory to the Secretary that the State will not provide technical and financial assistance under this Act to any small or medium-sized manufacturer who does not have a committee, comprised of management and employees other than management, advising on planning and new technology, and making recommendations concerning training needs and health and safety issues; and (8) assurances satisfactory to the Secretary that assistance provided in accordance with this Act are coordinated with other Federal and State efforts to meet the needs of small and medium-sized manufacturers and their employees. (c) Certifications.--The State shall certify to the satisfaction of the Secretary that-- (1) the State will provide funds from its revenues in an amount equal to $1 for every $10 of Federal funds from such grant for the purpose of providing technical and financial assistance to small and medium-sized manufacturers; (2) the State will maintain its aggregate expenditures from all other sources for programs which provide technical and financial assistance to small and medium-sized manufacturers at or above the average level of such expenditures in the 2 fiscal years preceding the date of the enactment of this Act; (3) the State will require each small and medium-sized manufacturer receiving financial assistance under section 5 to provide funds in an amount equal to and not less than $1 for every $1 of funds provided to the manufacturer in those cases where the State provides direct financial assistance under such section for the purpose of supplementing such funds; (4) the State will evaluate any subgrantee in accordance with objective measures of success for State programs established by the Secretary, including growth in employment, productivity, market share and sales. The State will submit annually to the Secretary a report containing such information as the Secretary shall determine appropriate, including evaluations of any State subgrantee; and SEC. 5. ELIGIBLE ACTIVITIES. (a) In General.--A State shall use amounts from a grant under this Act only to provide technical and financial assistance to small and medium-sized manufacturers doing business in such State in accordance with the allocation requirements under subsection (b). (b) State Allocation.--The State will allocate amounts received from a grant under this Act in accordance with the following requirements: (1) 50 percent of amounts received from the grant will be reserved by the State to provide technical and financial assistance to small and medium- sized manufacturers to make quality and productivity improvements and expand markets through various activities, including-- (A) developing and carrying out strategic planning for innovation and industrial modernization; (B) developing and carrying out advanced manufacturing processes, practices and techniques, and best commercial practices; (C) transferring advanced manufacturing technologies and best commercial practices; (D) assessing export potential and undertaking export marketing programs; (E) supporting manufacturing extension services; (F) fostering supplier networks and other forms of collaboration among businesses to improve competitiveness; (G) assistance in developing new products and technologies; (H) market expansion assistance, including support for export trade, and procurement assistance centers that are recognized by the Small Business Administration; (I) strategic financing assistance for export, new product development and the commercialization of new technologies; (J) planning development and design of projects for new commercial uses in critical technology areas such as high speed transportation technology, digital communications, and optical electronics; and (K) assessing employee training needs and arranging for appropriate training resources; and (2) 50 percent of amounts received from the grant will be reserved by the State to provide technical and financial assistance to small and medium- sized manufacturers to undertake human resource development initiatives essential for industrial modernization and the fulfillment of improved competitiveness strategies, including-- (A) developing and carrying out high performance workplace systems and employee involvement and Labor- Management Committees to-- (i) reduce overspecialization; (ii) foster flexible work organization; (iii) increase teamwork among workers across functional work units; and (iv) expand employees' roles as partners with management in planning and managing change; (B) developing and carrying out company and industry-specific training for workers required for the introduction of advanced manufacturing technologies and other industrial modernization initiatives; (C) developing and carrying out work force literacy programs for industrial modernization; and (D) developing and carrying out programs to encourage employee ownership. (c) Coordination.--The Secretary of Commerce shall coordinate as necessary with the Secretary of Labor and States' employment services and Service Delivery Areas (as described in section 101 of the Job Training Partnership Act) and other pertinent State agencies to carry out the provisions of this Act. SEC. 6. REPORT. Not later than January 1, 1996, the Secretary shall submit to the Congress a report containing-- (1) a compilation of the information contained in the State reports received by the Secretary pursuant to section 4(c)(4); and (2) an evaluation of the effectiveness of the grant program. SEC. 7. EVALUATION. The Secretary shall establish objective measures of success for State programs, including growth in employment, productivity, market share and sales. The Secretary shall annually evaluate the success of each State program receiving a grant pursuant to this Act. No State shall be eligible for future grants that has not successfully used a grant as determined by the Secretary.
Industrial Innovation Act of 1993 - Authorizes the Secretary of Commerce to make grants to States for technical and financial assistance to small and medium-sized manufacturers. Sets forth requirements relating to State grant applications, certifications, and allocation of grant amounts. Requires the Secretary to: (1) report to the Congress on the grant program's effectiveness; and (2) annually evaluate the success of each State program receiving a grant. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Stability Act of 2015''. SEC. 2. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE OF STATION. (a) Period of Relocation.-- (1) In general.--Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784a the following new section: ``Sec. 1784b. Relocation of spouses and dependents in connection with the permanent change of station of certain members ``(a) Election of Timing of Relocation of Spouses in Connection With PCS.-- ``(1) In general.--Subject to paragraph (2), a member of the armed forces undergoing a permanent change of station and the member's spouse may jointly elect that the spouse may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as the member and spouse jointly select. ``(2) Members and spouses eligible to make elections.--A member and spouse may make an election pursuant to paragraph (1) as follows: ``(A) If the spouse either-- ``(i) is gainfully employed at the beginning of the covered relocation period concerned; or ``(ii) is enrolled in a degree, certificate, or license granting program at the beginning of the covered relocation period. ``(B) If the member and spouse have one or more dependents at the beginning of the covered relocation period concerned, either-- ``(i) at least one dependent is a child in elementary or secondary school at the beginning of the covered relocation period; ``(ii) the spouse or at least one such dependent are covered by the Exceptional Family Member Program at the beginning of the covered relocation period; or ``(iii) the member and spouse are caring at the beginning of the covered relocation period for an immediate family member with a chronic or long-term illness, as determined pursuant to the regulations applicable to the members' armed force pursuant to subsection (g). ``(C) If the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement specified in the regulations applicable to the member's armed force pursuant to subsection (g). ``(D) If the member, spouse, or both, meet such other qualification or qualifications as are specified in the regulations applicable to the member's armed force pursuant to subsection (g). ``(E) In the case of a member and spouse who do not otherwise meet any qualification in subparagraphs (A) through (D), if the commander of the member at the beginning of the covered relocation period determines that eligibility to make the election is in the interests of the member and spouse for family stability during the covered relocation period and in the interests of the armed force concerned. Any such determination shall be made on a case-by-case basis. ``(b) Election of Timing of Relocation of Certain Dependents of Unmarried Members in Connection With PCS.-- ``(1) In general.--A member of the armed forces undergoing a permanent change of station who has one or more dependents described in paragraph (2) and is no longer married to the individual who is or was the parent (including parent by adoption) of such dependents at the beginning of the covered period of relocation may elect that such dependents may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as elected as follows: ``(A) By the member alone if such individual is dead or has no custodial rights in such dependents at the beginning of such period. ``(B) By the member and such individual jointly in all other circumstances. ``(2) Dependents.--The dependents described in this paragraph are as follows: ``(A) Dependents over the age of 19 years for whom the member has power of attorney regarding residence. ``(B) Dependents under the age of 20 years who will reside with a caregiver according to the Family Care Plan of the member during the covered period of relocation until relocated pursuant to an election under this subsection. ``(c) Housing.--(1) If the spouse of a member relocates before the member in accordance with an election pursuant to subsection (a), the member shall be assigned to quarters or other housing facilities of the United States as a bachelor, if such quarters are available, until the date of the member's permanent change of station. ``(2) If a spouse and any dependents of a member covered by an election under this section reside in housing of the United States at the beginning of the covered period of relocation, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation, regardless of the date of the member's permanent change of station. ``(3) If a spouse and any dependents of a member covered by an election under this section are eligible to reside in housing of the United States following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period, regardless of the date of the member's permanent change of station. ``(d) Basic Allowance for Housing; Stipend.--(1)(A) In the case of a member undergoing a permanent change of station who is paid basic allowance for housing at the with dependents' rate at the beginning of the covered relocation period, the member shall be paid basic allowance for housing at the with dependents' rate for months beginning during the covered relocation period regardless of the date on which the member's spouse and any dependents relocate pursuant to an election under this section or the assignment of the member to quarters or facilities on a bachelor basis pursuant to subsection (c)(1). ``(B) In determining the portion of basic allowance for housing payable to a member under this paragraph that is payable with respect to the member's dependents, the geographic location of the dependents shall govern rather than the geographic location of the member. ``(2) If quarters are not available for the assignment of a member as described in subsection (c)(1), the member shall be paid an amount (determined in accordance with the regulations applicable to the member's armed force pursuant to subsection (g)) appropriate to compensate the member for cost of the housing in which the member resides in lieu of such quarters until the date on which the member and the member's spouse reside in the same geographic area after the member's permanent change of station. Any amount payable to a member pursuant to this paragraph is in addition to amounts payable to the member under paragraph (1). ``(e) Transportation of Personal Property.--(1) Any transportation allowances authorized for the transportation of the personal property of a member and spouse making an election under subsection (a) may be allocated among the personal property of the member and spouse in such manner as the member and spouse shall select. ``(2) In this subsection, the terms `transportation allowances' and `personal property' have the meaning given such terms in section 451(b) of title 37. ``(f) Approval.--(1) The Secretary of Defense shall establish a single approval process for applications for coverage under this section. The process shall apply uniformly among the armed forces. ``(2) Applications for approval for coverage under this section shall consist of such elements (including documentary evidence) as the Secretary shall prescribe for purposes of the approval process required by this subsection. ``(3) The approval process required by this subsection shall ensure that the processing of applications for coverage under this section is completed in a timely manner that permits a spouse and any dependents to relocate whenever during the covered relocation period selected in the election concerned. In meeting that requirement, the approval process shall provide for the processing of applications at the lowest level in the chain of command of members as it appropriate to ensure proper administration of this section. ``(g) Regulations.--Each Secretary concerned shall prescribe regulations for the administration of this section with respect to the armed force or forces under the jurisdiction of such Secretary. ``(h) Covered Relocation Period Defined.--In this section, the term `covered relocation period', in connection with the permanent change of station of a member, means the period that-- ``(1) begins 180 days before the date of the permanent change of station; and ``(2) ends 180 days after the date of the permanent change of station.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1784a the following new item: ``1784b. Relocation of spouses and dependents in connection with the permanent change of station of certain members.''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to permanent changes of station of members of the Armed Forces that occur on or after the date that is 180 days after such effective date. (b) Comptroller General of the United States Report.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on potential actions of the Department of Defense to enhance the stability of military families undergoing a permanent change of station. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A comparison of the current percentage of spouses in military families who work with the percentage of spouses in military families who worked in the recent past, and an assessment of the impact of the change in such percentage on military families. (B) An assessment of the effects of relocation of military families undergoing a permanent change of station on the employment, education, and licensure of spouses of military families. (C) An assessment of the effects of relocation of military families undergoing a permanent change of station on military children, including effect on their mental health. (D) An identification of potential actions of the Department to enhance the stability of military families undergoing a permanent change of station and to generate cost savings in connection with such changes of station. (E) Such other matters as the Comptroller General considers appropriate.
Military Family Stability Act of 2015 This bill allows a member of the Armed Forces undergoing a permanent change of station and the member's spouse to jointly elect that the spouse may relocate to the new location at the time during the covered relocation period as the member and spouse jointly select. The following families are eligible: the spouse is employed, or enrolled in a degree, certificate or license-granting program, at the beginning of the covered relocation period; the member and spouse have one or more children in school; the spouse or children are covered under the Exceptional Family Member Program; the member and spouse are caring for an immediate family member with a chronic or long-term illness; or the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement. Families with other needs may receive exceptions granted by military commanders on a case-by-case basis. A member undergoing a permanent change of station who has one or more specified dependents and is no longer married to the individual who is or was the parent of such dependents at the beginning of the covered period of relocation may elect that such dependents relocate to the new location as follows: by the member alone if the former spouse is dead or has no custodial rights, or by the member and the former spouse jointly in all other circumstances. Housing provisions are as follows: if a member's spouse relocates first the member shall be assigned to quarters or other U.S. housing facilities as a bachelor until the date of the member's permanent change of station; if a member's spouse and dependents reside in U.S. housing at the beginning of the covered relocation period, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation regardless of the date of the member's permanent change of station; and if a member's spouse and dependents are eligible to reside in U.S. housing following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period regardless of the date of the member's permanent change of station. In the case of a member undergoing a permanent change of station who is paid basic housing allowance at the "with dependents" rate at the beginning of the covered relocation period, the member shall be paid at such rate for months beginning during the covered relocation period regardless of the date on which the member's spouse and dependents relocate or the member is assigned to bachelor's quarters or facilities. The geographic location of the dependents shall govern in determining the portion of basic housing allowance payable to a member with respect to the member's dependents. A member shall be provided with housing reimbursement if quarters are not available for the member's assignment until the date on which the member and the member's spouse reside in the same geographic area after the permanent change of station. Transportation allowances authorized for personal property of a member and spouse may be allocated as the member and spouse select. The Department of Defense shall establish a single application approval process for coverage under this Act which shall apply uniformly among the Armed Forces.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Camp Safety Act of 2005''. SEC. 2. REQUIREMENT FOR ORGANIZED CAMPS TO CONTINUE MINIMUM-WAGE-EXEMPT STATUS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended-- (1) in paragraph (3), by inserting ``(subject to paragraph (18))'' after ``organized camp''; (2) in paragraph (17), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(18) an organized camp under paragraph (3), if such camp-- ``(A) provides personal health, first aid and medical services, health supervision, and maintenance of camp-related health records for campers; ``(B) adheres to standards for food preparation safety that are as protective or more protective than such standards recommended by the Food and Drug Administration; ``(C) adheres to applicable State and local standards regarding-- ``(i) fire and building safety relating to the buildings and the occupants of buildings used by such camp; and ``(ii) sanitation relating to camp personnel, buildings, and grounds; ``(D) reports annually to the Secretary, on a date prescribed by the Secretary, all incidents resulting in death, injury, or illness, other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of activity or motion, or premature termination of a camper's term at the camp; ``(E) provides access to the Secretary for inspection or investigation of such camp under section 3 of the Camp Safety Act of 2005; ``(F)(i) conducts criminal background checks of all camp employees for convictions under Federal and State laws; ``(ii) maintains a record of such checks for at least 6 months after the date of termination of such an employee's employment; and ``(iii) makes such records available to the Secretary upon the request of the Secretary; and ``(G) maintains a ratio of at least 1 lifeguard for every 30 camper swimmers.''. SEC. 3. ENFORCEMENT BY SECRETARY OF LABOR. (a) In General.--The Secretary of Labor shall monitor and enforce compliance of organized camps subject to section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)). In monitoring and enforcing such compliance, the Secretary shall-- (1) implement a system for the routine reporting of fatalities and serious injuries or illnesses; (2) implement procedures for conducting inspection and verifying information provided to the Secretary by such camps; (3) investigate complaints received regarding such camps; (4) require appropriate training, including knowledge of outdoor camping, for camp inspectors; and (5) compile statistics based on the information in the reports required to be submitted by such camps under section 13(a)(18)(C) of such Act (29 U.S.C. 213(a)(18)(C)); and (6) based at least in part on the statistics compiled under subparagraph (C), determine the areas in which additional safety standards are necessary and prescribe appropriate regulations. (b) Investigative Authority.--In monitoring and enforcing compliance under subsection (a), the Secretary of Labor may-- (1) enter and inspect such a camp and its records, question the employees of such camp, and investigate facts, conditions, practices, or other matters, to the extent the Secretary deems necessary or appropriate; and (2) administer oaths and examine witnesses under oath, issue subpoenas, and compel the attendance of witnesses and other relevant records. SEC. 4. EFFECT ON STATE LAW. (a) Equal or Greater Protection Under State Law.--Section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) preempts a State's laws regarding camp safety, unless the Secretary of Labor determines that such State's laws provide substantially the same, or greater, protection for campers as such section, but such State's laws are only preempted to the extent that the Secretary determines that they provide lesser protection for campers than such section. (b) Judicial Review of Determination by Secretary.--A State aggrieved by a determination under subsection (a) may bring an action in an appropriate United States district court for review of such determination. (c) Effect of Compliance With Equivalent State Law.--A person that complies with a State law which the Secretary of Labor has determined under subsection (a) provides substantially the same, or greater, protection for campers as section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) shall be deemed to have complied with the requirements of such section.
Camp Safety Act of 2005 - Amends the Fair Labor Standards Act of 1938 to require organized camps to comply with specified health and safety standards as a condition for their exemption from minimum wage requirements. Directs the Secretary of Labor to monitor and enforce such compliance. Preempts State laws only to the extent that they provide lesser protection for campers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Technology Deployment in Developing Countries Act of 2005''. SEC. 2. CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES. Title VII of the Global Environmental Protection Assistance Act of 1989 (Public Law 101-240; 103 Stat. 2521) is amending by adding at the end the following: ``PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES ``SEC. 731. DEFINITIONS. ``In this part: ``(1) Carbon sequestration.--The term `carbon sequestration' means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere. ``(2) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. ``(3) Greenhouse gas intensity.--The term `greenhouse gas intensity' means the ratio of greenhouse gas emissions to economic output. ``SEC. 732. REDUCTION OF GREENHOUSE GAS INTENSITY. ``(a) Lead Agency.-- ``(1) In general.--The Department of State shall act as the lead agency for integrating into United States foreign policy the goal of reducing greenhouse gas intensity in developing countries. ``(2) Reports.-- ``(A) In general.--Not later than 180 days after the date of enactment of this part and each year thereafter, the Secretary of State shall submit to the appropriate authorizing and appropriating committees of Congress a report on the 25 developing countries that are the top energy users, including for each country a description of-- ``(i) the quantity and types of energy used; ``(ii) the greenhouse gas intensity of the energy, manufacturing, agricultural, and transportation sectors; ``(iii) the progress of any projects undertaken to reduce greenhouse gas intensity; ``(iv) the potential for further projects to reduce greenhouse gas intensity; and ``(v) obstacles to the further reduction of greenhouse gas intensity. ``(B) Use.-- ``(i) Initial report.--The Secretary of State shall use the initial report submitted under subparagraph (A) to establish baselines for the developing countries with respect to the information provided under clauses (i) and (ii) of that subparagraph. ``(ii) Annual reports.--The Secretary of State shall use the annual reports submitted under subparagraph (A) to track the progress of the developing countries with respect to reducing greenhouse gas intensity. ``(b) Projects.--The Secretary of State, in coordination with Administrator of the United States Agency for International Development, shall (directly or through agreements with the World Bank, the International Monetary Fund, the Overseas Private Investment Corporation, and other development institutions) provide assistance to developing countries specifically for projects to reduce greenhouse gas intensity, including projects to-- ``(1) leverage, through bilateral agreements, funds for reduction of greenhouse gas intensity; ``(2) increase private investment in projects and activities to reduce greenhouse gas intensity; and ``(3) expedite the deployment of technology to reduce greenhouse gas intensity. ``(c) Focus.--In carrying out the projects, the Secretary of State shall focus on-- ``(1) promoting the rule of law, property rights, contract protection, and economic freedom; and ``(2) increasing capacity, infrastructure, and training. ``(d) Priority.--In carrying out the projects, the Secretary of State shall give priority to projects in the 25 developing countries identified in the report submitted under subsection (a)(2)(A). ``SEC. 733. TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES. ``(a) In General.--The Secretary of State, in coordination with the Secretary of Energy, shall conduct an inventory of greenhouse gas intensity reducing technologies that are developed, or under development, to identify technologies that are suitable for transfer to, deployment in, and commercialization in the developing countries identified in the report submitted under section 732(a)(2)(A). ``(b) Report.--Not later than 180 days after the completion of the inventory under subsection (a), the Secretary of State and the Secretary of Energy shall jointly submit to Congress a report that-- ``(1) includes the results of the completed inventory; and ``(2) identifies obstacles to the deployment of the technologies studied. ``SEC. 734. TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGIES. ``Not later than 180 days after the date of enactment of this part, the United States Trade Representative shall-- ``(1) identify trade-related barriers maintained by foreign countries to the export of greenhouse gas intensity reducing technologies and practices from the United States; and ``(2) negotiate with the foreign countries for the removal of those barriers. ``SEC. 735. GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT INITIATIVE. ``(a) In General.--There is established an interagency working group to carry out a Greenhouse Gas Intensity Reducing Technology Export Initiative to-- ``(1) promote the export of greenhouse gas intensity reducing technologies and practices from the United States; ``(2) identify developing countries that should be designated as priority countries for the purpose of exporting greenhouse gas intensity reducing technologies and practices, based on the report submitted under section 732(a)(2)(A); ``(3) identify potential barriers to adoption of exported greenhouse gas intensity reducing technologies and practices; and ``(4) identify previous efforts to export energy technologies to learn best practices. ``(b) Composition.--The working group shall be composed of-- ``(1) the Secretary of State, who shall act as the head of the working group; ``(2) the Administrator of the United States Agency for International Development; ``(3) the United States Trade Representative; ``(4) a designee of the Secretary of Energy; and ``(5) a designee of the Secretary of Commerce. ``(c) Performance Reviews and Reports.--Not later than 180 days after the date of enactment of this part and each year thereafter, the interagency working group shall-- ``(1) conduct a performance review of actions taken and results achieved by the Federal Government (including each of the agencies represented on the interagency working group) to promote the export of greenhouse gas intensity reducing technologies and practices from the United States; and ``(2) submit to the appropriate authorizing and appropriating committees of Congress a report that describes the results of the performance reviews and evaluates progress in promoting the export of greenhouse gas intensity reducing technologies and practices from the United States, including any recommendations for increasing the export of the technologies and practices. ``SEC. 736. TECHNOLOGY STRATEGIC PLAN AND DEMONSTRATION PROJECTS. ``(a) In General.--The Secretary of State, in coordination with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall develop a technology strategic plan, and carry out demonstration projects, to promote the adoption of technologies and practices that reduce greenhouse gas intensity in developing countries. ``(b) Demonstration Projects.-- ``(1) In general.--The Secretaries and the Administrator shall plan, coordinate, and carry out demonstration projects under this section in at least 10 eligible countries, as determined by the Secretaries and the Administrator. ``(2) Eligibility.--A country shall be eligible for assistance under this subsection if the Secretaries and the Administrator determine that the country has demonstrated a commitment to-- ``(A) just and democratic governance, including-- ``(i) promoting political pluralism, equality, and the rule of law; ``(ii) respecting human and civil rights; ``(iii) protecting private property rights; ``(iv) encouraging transparency and accountability of government; and ``(v) combating corruption; and ``(B) economic freedom, including economic policies that-- ``(i) encourage citizens and firms to participate in global trade and international capital markets; ``(ii) promote private sector growth and the sustainable management of natural resources; ``(iii) strengthen market forces in the economy; and ``(iv) respect worker rights. ``(3) Selection.--In determining which eligible countries to provide funding to under paragraph (1), the Secretaries and the Administrator shall consider-- ``(A) the extent to which the country meets or exceeds the eligibility criteria; ``(B) the opportunity to reduce greenhouse gas intensity in the eligible country; and ``(C) the opportunity to generate economic growth in the eligible country. ``(4) Types of projects.--Demonstration projects under this section may include-- ``(A) coal gasification, coal liquefaction, and clean coal projects; ``(B) carbon sequestration projects; ``(C) cogeneration technology initiatives; ``(D) renewable projects; and ``(E) lower emission transportation. ``SEC. 737. FELLOWSHIP AND EXCHANGE PROGRAMS. ``The Secretary of State, in coordination with the Secretary of Energy, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall carry out fellowship and exchange programs under which officials from developing countries visit the United States to acquire expertise and knowledge of best practices to reduce greenhouse gas intensity in their countries. ``SEC. 738. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this part (other than section 736). ``SEC. 739. EFFECTIVE DATE. ``Except as otherwise provided in this part, this part takes effect on October 1, 2005. ``SEC. 740. TERMINATION OF AUTHORITY. ``The authority provided by this part terminates effective December 31, 2010.''.
Climate Change Technology Deployment in Developing Countries Act of 2005 - Amends the Global Environmental Protection Assistance Act of 1989 to consider the Department of State as the lead agency for integrating into U.S. foreign policy the goal of reducing greenhouse gas intensity in developing countries. Directs the Secretary of State to: (1) provide assistance to developing countries to reduce greenhouse gas intensity; (2) inventory greenhouse gas intensity reducing technologies and identify appropriate technologies for developing countries; (3) develop a technology strategic plan and carry out demonstration projects in at least ten countries; and (4) carry out fellowship and exchange programs for officials from developing countries to acquire U.S. expertise in greenhouse gas intensity reduction practices. Directs the U.S. Trade Representative to seek to eliminate foreign trade barriers to the export of U.S. greenhouse gas intensity reducing technologies and practices. Establishes an interagency working group to carry out a greenhouse gas intensity reducing technology export initiative. Terminates programs under this Act as of December 31, 2010.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deferred Benefits Adjustment Act of 2013''. SEC. 2. INDEXATION OF DEFERRED ANNUITIES. (a) Amendments to Subchapter III of Chapter 83.--Section 8338 of title 5, United States Code, is amended-- (1) in subsection (d) by striking ``(d) An'' and inserting ``(d) Subject to subsection (e), an''; and (2) by adding at the end the following: ``(e)(1) The average pay used in the computation of an annuity authorized by this section shall be equal to the average pay described in section 8331(4), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to an annuity authorized by this section but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (b) Amendment to Chapter 84.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(n)(1) The average pay used in the computation of a deferred annuity under section 8413 shall be equal to the average pay described in section 8401(3), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to a deferred annuity referred to in paragraph (1) but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (c) Amendments Relating to Individuals Becoming Subject to FERS by Election.-- (1) Computation of a deferred annuity.--Paragraph (6) of section 302(a) of the Federal Employees' Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended by adding at the end the following: ``(C) In determining average pay under this paragraph for purposes of computing a deferred annuity under section 8413 of such title-- ``(i) the provisions of section 8338(e)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) the provisions of section 8415(n)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (5).''. (2) Computation of a survivor annuity.--Paragraph (9) of such section 302(a) is amended by striking ``(9)'' and inserting ``(9)(A)'', and by adding at the end the following: ``(B) In computing an annuity under paragraph (3) for purposes of determining the amount of a survivor annuity under subchapter IV of chapter 84 of title 5, United States Code, to which the survivor is entitled based on the service of a former employee or Member who dies in the circumstances described in section 8415(n)(2) of such title-- ``(i) paragraph (6)(C)(i) shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) paragraph (6)(C)(ii) shall apply, to the extent that such annuity is computed under paragraph (5).''. (d) Conforming Amendments.--(1) Section 8331(10) of title 5, United States Code, is amended by inserting ``former employee or Member,'' before ``or annuitant''. (2) Section 8341(h)(1) of title 5, United States Code, is amended by striking ``or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title'' and inserting ``or former employee or Member who died after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity,''. (3) Clause (iii) of section 8341(h)(2)(B) of title 5, United States Code, is amended by striking ``a Member'' and inserting ``an employee or Member''. SEC. 3. AMENDMENT TO PROVIDE THAT THE WIDOW OR WIDOWER OF A DEFERRED ANNUITANT WHO DIES BEFORE ESTABLISHING A VALID CLAIM FOR ANNUITY UNDER CSRS SHALL BE ELIGIBLE FOR A SURVIVOR ANNUITY IN THE SAME WAY AS APPLIES CURRENTLY UNDER FERS. Subsection (f) of section 8341 of title 5, United States Code, is amended to read as follows: ``(f) If an employee or Member dies after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower-- ``(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the employee or Member commencing on the day after the employee or Member dies and terminating on the last day of the month before the widow or widower dies or remarries before age 55; or ``(2) may elect to receive the lump-sum credit instead of annuity if the widow or widower is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity. Notwithstanding the preceding sentence, an annuity payable under this subsection to the widow or widower of a former employee or Member may not exceed the difference between-- ``(A) the annuity which would otherwise be payable to such widow or widower under this subsection; and ``(B) the amount of the survivor annuity payable to any former spouse of such former employee or Member under subsection (h).''. SEC. 4. EFFECTIVE DATES. (a) Amendments Made by Section 2.-- (1) In general.--The amendments made by section 2 shall apply to any annuity or survivor annuity commencing before, on, or after the date of the enactment of this Act, subject to paragraph (2). (2) Recomputations.--In the case of any individual who is entitled to an annuity or survivor annuity based on a separation from service which occurred before the date of the enactment of this Act-- (A) such annuity or survivor annuity shall be recomputed to take into account the amendments made by section 2 only if application therefor is made within 12 months after the effective date of regulations prescribed by the Office of Personnel Management to carry out such amendments; and (B) any change in an annuity or survivor annuity resulting from a recomputation under subparagraph (A) shall be effective only with respect to amounts accruing for months beginning on or after the date of the enactment of this Act. (b) Amendment Made by Section 3.--The amendment made by section 3 shall take effect as of the date of the enactment of this Act. Upon timely application to the Office of Personnel Management, such amendment shall also apply to the widow or widower of a former employee or Member who died before such date of enactment, except that no amount shall be payable-- (1) for any period beginning before such date of enactment; or (2) in any case in which all annuity rights under subchapter III of chapter 83 of title 5, United States Code, have been voided due to the lump-sum credit having been taken. (c) Savings Provision.--Nothing in section 3 shall affect the right of an individual to a survivor annuity, based on a death occurring on or after the date of the enactment of this Act, if such individual would (upon filing claim therefor) have been entitled to such annuity had section 3 not been enacted. (d) Definitions.--For purposes of this section-- (1) the terms ``widow'' and ``widower'' have the respective meanings given them by section 8341 of title 5, United States Code; and (2) the term ``lump-sum credit'' has the meaning given such term by section 8331(8) of such title.
Deferred Benefits Adjustment Act of 2013 - Amends federal civil service law to provide for the indexation of deferred annuities, including survivor annuities, under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) and for individuals becoming subject to FERS by election.Terminates the entitlement of a survivor who remarries before age 55 (currently, who remarries at any age) to an annuity based on the service of a deferred annuitant who dies before establishing a valid claim for a CSRS annuity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat data and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, and the Commercial Space Act of 1998 all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) remote sensing and other geospatial information can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; (10) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (11) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sector through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; and (3) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2006, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. COST SENSITIVITY STUDY. The Administrator shall conduct a study of the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. The study shall identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. Not later than 2 years after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of the study conducted under this section. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2003 through 2007 to carry out this Act. Passed the House of Representatives October 1, 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 2426 _______________________________________________________________________ AN ACT To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes.
Remote Sensing Applications Act of 2002 - Directs the Administrator of the National Aeronautics and Space Administration to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator to give preference to projects that: (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible.Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management.Limits the provision of assistance for such projects under this Act to three years.Requires each grant recipient to transmit a report to the Administrator on the results of the project and to conduct at least one workshop for potential users to disseminate the lessons learned from the project as widely as feasible.Directs the Administrator to: (1) establish an advisory committee to monitor the program; (2) transmit to Congress an independent evaluation of program effectiveness; (3) ensure that project results are retrievable through an Internet-accessible database; (4) establish an educational outreach program to increase awareness at institutions of higher education and State, local, and tribal agencies of the potential applications of remote sensing and other geospatial information; and (5) study and report to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications.Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seed Availability and Competition Act of 2004''. SEC. 2. RETAINING PATENTED SEED. (a) Registration.--Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person-- (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees.--The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds.--The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions.--The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Patented Seed Fund'', consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration.--The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of Contracts and Patent Fees.--A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition.--In this section, the term ``patented seed'' means seed for which a person holds a valid patent. SEC. 3. TARIFF ON CERTAIN IMPORTED PRODUCTS. (a) Tariff.--In any case in which-- (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of Duties.--There shall be deposited in the Patented Seed Fund established by section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definition.--In this section-- (1) the term ``genetically modified seed'' means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term ``genetically modified material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.
Seed Availability and Competition Act of 2004 - Requires persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay related fees. Establishes in the Treasury the Patented Seed Fund. Imposes a tariff equal to the difference in fees in any case in which: (1) genetically modified seed on which royalties or licensing or other fees are charged by the patent owner to U.S. purchasers is exported, and (2) no such fees, or lesser fee amounts, are charged to foreign purchasers of the exported seed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Organ Policy Equity Act''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Standards of Quality for the Acquisition and Transportation of Donated Organs.-- (1) Organ procurement and transplantation network.--Section 372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is amended-- (A) in paragraph (2)(E), by striking ``, including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome''; and (B) by adding at the end the following: ``(3) Clarification.--In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (in this paragraph referred to as `HIV'), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who-- ``(A) are infected with HIV before receiving such organ; and ``(B)(i) are participating in clinical research approved by an institutional review board under the criteria, standards, and regulations described in subsections (a) and (b) of section 377E; or ``(ii) if the Secretary has determined under section 377E(c) that participation in such clinical research, as a requirement for such transplants, is no longer warranted, are receiving a transplant under the standards and regulations under section 377E(c).''. (2) Conforming amendment.--Section 371(b)(3)(C) of the Public Health Service Act (42 U.S.C. 273(b)(3)(C); relating to organ procurement organizations) is amended by striking ``including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome'' and inserting ``including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV)''. (3) Technical amendments.--Section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended by-- (A) striking subparagraph (E); (B) redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (C) striking ``(H) has a director'' and inserting ``(G) has a director''; and (D) in subparagraph (H)-- (i) in clause (i) (V), by striking ``paragraph (2)(G)'' and inserting ``paragraph (3)(G)''; and (ii) in clause (ii), by striking ``paragraph (2)'' and inserting ``paragraph (3)''. (b) Publication of Research Guidelines.--Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 377D the following: ``SEC. 377E. CRITERIA, STANDARDS, AND REGULATIONS WITH RESPECT TO ORGANS INFECTED WITH HIV. ``(a) In General.--Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as `HIV') into individuals who are infected with HIV before receiving such organ. ``(b) Corresponding Changes to Standards and Regulations Applicable to Research.--Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the criteria developed under subsection (a)-- ``(1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under section 372(b)(2)(E); and ``(2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations). ``(c) Revision of Standards and Regulations Generally.--Not later than 4 years after the date of the enactment of the HIV Organ Policy Equity Act, and annually thereafter, the Secretary, shall-- ``(1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to the safety of transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV; ``(2) if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and ``(3) in conjunction with any revision of such standards under paragraph (2), revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).''. SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE. Section 1122(a) of title 18, United States Code, is amended by inserting ``or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act'' after ``research or testing''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the Senate on June 17, 2013. HIV Organ Policy Equity Act - Amends the Public Health Service Act to repeal the requirement that the Organ Procurement and Transplantation Network adopt and use standards of quality for the acquisition and transportation of donated organs that include standards for preventing the acquisition of organs infected with the etiologic agent for acquired immune deficiency syndrome (AIDS). Replaces this requirement with authorization for the Network to adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who are: (1) infected with such virus before receiving such an organ; and (2) participating in clinical research approved by an institutional review board under the criteria, standards, and regulations regarding organs infected with HIV developed under this Act or, if participation in such research is no longer warranted, receiving a transplant under such standards and regulations. Revises similarly the requirement that organ procurement organizations arrange for testing to prevent the acquisition of organs infected with the AIDS etiologic agent to require that they arrange for testing to identify organs infected with HIV. Directs the Secretary of Health and Human Services (HHS) to develop and publish guidelines for the conduct of research relating to transplantation of organs from HIV-infected donors. Requires the Network to revise its standards of quality regarding HIV-infected organs and the Secretary to revise related regulations. Requires the Secretary to: (1) review annually the results of scientific research in conjunction with the Network to determine whether they warrant revision of quality standards relating to donated HIV-infected organs and to the safety of transplantation of organs with a particular strain of HIV into a recipient with a different strain; and (2) direct the Network, if the review so warrants, to revise its standards in a way that ensures the changes will not reduce the safety of organ transplantation. Amends the federal criminal code to declare that an organ donation does not violate the prohibition against a knowing organ donation by an HIV-infected individual if the donation is made in accordance with this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Gateways Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2013 Census Bureau study, women's representation in STEM occupations has increased since the 1970s, but women remain significantly underrepresented in engineering and computing occupations that make up more than 80 percent of all STEM employment. Women's representation in computer occupations has declined since the 1990s. In 2011, 26 percent of STEM workers were women. According to the National Action Council for Minorities in Engineering, Inc., the number of engineering degrees awarded to African-American women has steadily declined since the late 1990s. (2) According to the Brookings Institution 2013 report, ``The Hidden STEM Economy'', half of all STEM jobs are available to workers without a 4-year college degree, and these jobs pay $53,000 per year on average. This sector of the STEM economy offers job opportunities for many workers with qualified certificates or associate degrees, drawing from high schools, workforce training programs, career and technical education schools, and community colleges. Despite these opportunities, only \1/5\ of the $4,300,000,000 spent annually by the Federal Government on STEM education and training goes towards supporting training below the baccalaureate degree level. (3) According to a 2011 report by the Department of Commerce, underrepresented minorities account for only 3 out of 10 professionals in STEM fields. (4) STEM workers in all demographic groups earn more than their non-STEM counterparts. (5) According to the Afterschool Alliance 2014 report, ``America After 3pm'', children from African-American, Hispanic, and Native American populations participate in afterschool programs at higher rates than the national average participation rate. Girls also participate in equal numbers to boys in such programs. Afterschool learning thus represents an intervention point to engage with populations currently underrepresented in STEM fields and careers. SEC. 3. GRANT PROGRAM AUTHORIZED. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out programs described in subsection (d) to achieve, with respect to women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas), 1 or more of the following goals: (1) Encourage interest in the STEM fields at the elementary school or secondary school levels. (2) Motivate engagement in STEM fields by providing relevant hands-on learning opportunities at the elementary school and secondary school levels. (3) Support classroom success in STEM disciplines at the elementary school or secondary school levels. (4) Support workforce training and career preparation in STEM fields at the secondary school level. (5) Improve access to career and continuing education opportunities in STEM fields at the secondary school level. (b) Limitation.--The Secretary may award grants under this section for not longer than a 5-year period. (c) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--An application submitted under paragraph (1) shall contain-- (A) in the case of an eligible entity that plans to use the grant funds at the elementary school level-- (i) a description of the programs the eligible entity will carry out to achieve 1 or more of the goals described in paragraphs (1) through (3) of subsection (a) at the elementary school level, including the content of the programs and research and models used to design the programs; and (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education, such as-- (I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) to participate in the programs; (II) supporting educators who will lead the programs, and participants in the programs; (III) encouraging partnerships between in-school and out-of-school educators, such as afterschool providers, science centers, and museums; (IV) identifying public and private partners that are able to support the programs; and (V) planning for sustaining the programs financially beyond the grant period; and (B) in the case of an eligible entity that plans to use the grant funds at the secondary school level-- (i) a description of the programs the eligible entity will carry out to achieve 1 or more of the goals described in paragraphs (1) through (5) of subsection (a) at the secondary school level, including the content of the programs and research and models used to design the programs; (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education and workforce training that prepares such individuals to take advantage of employment opportunities in STEM fields, such as-- (I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) to participate in the programs; (II) supporting educators who will lead such programs, and participants in the programs; (III) identifying public and private partners that are able to support the programs; (IV) partnering with institutions of higher education or institutions providing informal science education, such as afterschool programs and science centers and museums; (V) partnering with institutions of higher education; and (VI) planning for sustaining the programs financially beyond the grant period; (iii) a review of the industry and business workforce needs, including the demand for workers with knowledge or training in a STEM field; and (iv) an analysis of job openings that require knowledge or training in a STEM field. (d) Use of Funds.-- (1) Required use of funds.--An eligible entity that receives a grant under this section shall use such grant funds to carry out programs to achieve 1 or more of the goals described in subsection (a) at the elementary school or secondary school levels, with respect to women and girls, underrepresented minorities, and students from all economic backgrounds (including economically disadvantaged individuals and students living in economically distressed areas). (2) Authorized use of funds.--The programs described in paragraph (1) may include any of the following activities, with respect to the individuals described in paragraph (1): (A) Carrying out the activities described in subparagraph (A)(ii) or (B)(ii) of subsection (c)(2), as appropriate. (B) Providing professional development for teachers, afterschool providers, and other school personnel in elementary schools or secondary schools, including professional development to encourage, through academic instruction and support, such individuals to pursue advanced classes and careers in STEM fields. (C) Providing tutoring and mentoring programs in STEM fields. (D) Establishing partnerships with institutions of higher education, potential employers, and other industry stakeholders that expose such individuals to professionals in STEM fields, or providing opportunities for postsecondary academic credits or credentials. (E) Providing after-school activities and other informal learning opportunities designed to encourage interest and develop skills in STEM fields. (F) Providing summer programs to extend learning time and to deepen the skills and interest in STEM fields of such individuals. (G) Purchasing and utilizing-- (i) educational or instructional materials that are designed to improve educational outcomes in STEM fields, and will serve to deepen the skills and interest in STEM fields of such individuals; or (ii) equipment, instrumentation, or hardware used to teach and encourage interest in STEM fields. (H) Internships or opportunities for experiential learning in STEM fields. (e) Report.-- (1) Eligible entities.--Each eligible entity receiving a grant under this Act shall, on an annual basis, submit a report to the Secretary on the use of funds and the number of students who participated in the programs carried out with the grant funds. (2) Secretary.--The Secretary shall, on an annual basis, and using the reports received under paragraph (1), report to Congress on the overall impact and effectiveness of the grant program under this Act. SEC. 4. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``educational service agency'', ``elementary school'', ``local educational agency'', ``institution of higher education'', ``secondary school'', ``Secretary'', and ``State'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). (3) Economically disadvantaged individual.--The term ``economically disadvantaged individual'' has the meaning given the term in section 400.4 of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of this Act. (4) Economically distressed area.--The term ``economically distressed area'' means a county or equivalent division of local government of a State in which, according to the most recently available data from the Bureau of the Census, 40 percent or more of the residents have an annual income that is at or below the poverty level. (5) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; (B) an educational service agency serving more than 1 local educational agency; (C) a consortium of local educational agencies; (D) a nonprofit organization that-- (i) works with elementary schools, secondary schools, or institutions of higher education; and (ii) has demonstrated a commitment to achieving the goals described in paragraphs (1) through (4) of section 3(a); or (E) a community college working in partnership with secondary schools to create opportunities for dual enrollment, credit transfer, or accelerated postsecondary credentialing. (6) Partners.--The term ``partners'' means organizations that employ workers in STEM-related careers or organizations with demonstrated expertise in identifying, scaling, and implementing successful practices in STEM education and workforce development. (7) STEM.--The term ``STEM'' means-- (A) science, technology, engineering, and mathematics; and (B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science. (8) Underrepresented minority.--The term ``underrepresented minority'' has the meaning given the term ``minority'' in section 637.4(b) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of this Act.
STEM Gateways Act This bill directs the Department of Education to award competitive grants for science, technology, engineering, and mathematics (STEM) elementary and secondary school programs that: encourage interest in the STEM fields; motivate engagement in the STEM fields by providing relevant hands-on learning opportunities; support classroom success in the STEM disciplines; support STEM workforce training and career preparation for secondary school students; or improve the access of secondary school students to STEM career and continuing education opportunities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Bay Detainee Transfer Suspension Act of 2014''. SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO TRANSFER OR RELEASE INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (a) In General.--Except as provided in subsection (b), no funds may be obligated or expended to transfer or release any covered detainee at Guantanamo to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of-- (1) the date that is 90 days after the date of submittal to Congress of the report required by subsection (d); or (2) the date that is 180 days after the date of the enactment of this Act. (b) Exception.-- (1) In general.--Subsection (a) shall not apply to the obligation or expenditure of funds to transfer any covered detainee at Guantanamo to effectuate an order affecting the disposition of such individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. (2) Notice to congress.--The Secretary of Defense shall promptly notify the appropriate committees of Congress of the issuance of any order described in paragraph (1). (3) Delay in discharge.--An order described in paragraph (1) may not be carried out until the date that is 5 days after the date on which the appropriate committees of Congress are notified of the order pursuant to paragraph (2). (c) Enforcement.-- (1) In general.--An officer or employee of the United States shall be liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee at Guantanamo transferred or released in violation of subsection (a) pursuant to an action or order of the officer or employee of the United States. (2) No representation by united states.--Notwithstanding section 50.15 or 50.16 of title 28, Code of Federal Regulations, or any other provision of law, the United States Government may not provide representation to, or retain or reimburse private counsel for the representation of, an officer or employee in an action under paragraph (1). (3) Qui tam action.-- (A) In general.--A person may bring a civil action for a violation of subsection (a) for the person and for the United States Government, seeking a civil penalty under paragraph (1). The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (B) Complaint.--A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4 of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 30 days after it receives both the complaint and the material evidence and information. (C) Determination by government.--Before the expiration of the 30-day period under subparagraph (B), the Government shall-- (i) proceed with the action, in which case the action shall be conducted by the Government; or (ii) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (D) Individual conducting action.--If the Government elects not to proceed with the action, and upon request and at the Government's expense, the Government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. (E) Award to qui tam plaintiff.--A person bringing an action under subparagraph (A) shall receive 50 percent of the amount of the civil penalty imposed on the officer or employee of the United States and the court shall award the person reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs, to be paid by the defendant. (F) Expedited appeal of dismissal.--It shall be the duty of the courts of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any appeal by a person bringing a civil action under subparagraph (A) of the dismissal of the civil action with the consent of the Attorney General. (d) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and the Director of National Intelligence, submit to the appropriate committees of Congress a report setting forth the following: (A) A detailed description of the previous assessments by Joint Task Force Guantanamo regarding the risk that the 5 detainees transferred from United States Naval Station, Guantanamo Bay, Cuba, to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. (B) A detailed description of any changes between the assessments described in subparagraph (A) and the assessments as of May 31, 2014, of the risk that the detainees described in that subparagraph would reengage in terrorist activity after transfer as described in that subparagraph, including the reasons for such changes. (C) A detailed description of the prior instances, if any, in which Qatar did not fully honor its commitments to monitor, detain, or control the travel of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (D) A detailed assessment of the likelihood that the 5 detainees described in subparagraph (A) will return to Afghanistan or reengage in terrorism. (E) A detailed assessment of whether the transfer of the 5 detainees as described in subparagraph (A) will increase the likelihood that the Taliban and terrorist groups around the world will try to capture United States individuals or personnel in order to obtain concessions from the United States. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions.--In this section: (1) The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives. (2) The term ``covered detainee at Guantanamo'' means each individual who-- (A) is not a United States citizen or a member of the Armed Forces of the United States; and (B) is or was held on January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (3) The term ``officer or employee of the United States''-- (A) includes-- (i) the President; (ii) the head and any officer or employee of any Executive agency or military department (as those terms are defined in chapter 1 of title 5, United States Code); and (iii) any other officer or employee of the United States; and (B) does not include-- (i) a member of the Armed Forces; or (ii) an officer or employee of an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DETAINEES AT UNITED STATES NAVAL STATION GUANTANAMO BAY, CUBA, WITHOUT EXPRESS WRITTEN AUTHORIZATION OF THE PRESIDENT. (a) Prohibition.--No detainee described in subsection (b) may be transferred or released from United States Naval Station Guantanamo Bay, Cuba, to a foreign country without the express written authorization of the President. (b) Covered Detainees.--A detainee described in this subsection is Khalid Sheikh Mohammed or any other detainee who-- (1) is not a United States citizen or a member of the Armed Forces of the United States; (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and (3) is held as of the date of the enactment of this Act at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to modify, limit, or supersede the requirements under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 801 note) relating to the transfer or release of an individual detained at Guantanamo (as defined in subsection (e)(2) of such section).
Guantanamo Bay Detainee Transfer Suspension Act of 2014 - Prohibits the obligation or expenditure of funds to transfer or release any covered detainee at the U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of 90 days after the submittal to Congress of a report required by this Act or 180 days after this Act's enactment, except pursuant to an order issued by a court or competent tribunal of the United States having lawful jurisdiction. Makes a U.S. officer or employee liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee transferred or released in violation of such prohibition. Prohibits the U.S. government from providing representation to, or retaining or reimbursing private counsel for the representation of, such officer or employee. Authorizes a person to bring a civil action for a violation of such prohibition in the name of the government, subject to specified requirements. Requires the Secretary to submit a report regarding the risk that the five detainees transferred from Guantanamo to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. Prohibits the transfer or release of a covered detainee from Guantanamo to a foreign country without the President's express written authorization. Defines a "covered detainee" as Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or a member of the U.S. Armed Forces; (2) is or was held on January 20, 2009, at Guantanamo by the Department of Defense (DOD); and (3) is held as of the date of enactment of this Act at Guantanamo Bay, Cuba, by DOD.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Space Station Authorization Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the development, assembly, and operation of the International Space Station is in the national interest of the United States; (2) the National Aeronautics and Space Administration has restructured and redesigned the International Space Station, consolidated contract responsibility, and achieved program management, control, and stability; (3) the significant involvement by private ventures in marketing and using, competitively servicing, and commercially augmenting the operational capabilities of the International Space Station during its assembly and operational phases will lower costs and increase benefits to the international partners; (4) further rescoping or redesigns of the International Space Station will lead to costly delays, increase costs to its international partners, discourage commercial involvement, and weaken the international space partnership necessary for future space projects; (5) total program costs for development, assembly, and initial operations have been identified and capped to ensure financial discipline and maintain program schedule milestones; (6) in order to contain costs, mission planning and engineering functions of the National Space Transportation System (Space Shuttle) program should be coordinated with the Space Station Program Office; (7) complete program authorizations for large development programs promote program stability, reduce the potential for cost growth, and provide necessary assurance to international partners and commercial participants; and (8) the International Space Station represents an important component of an adequately funded civil space program which balances human space flight with science, aeronautics, and technology. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; and (2) the term ``cost threat'' means a potential change to the program baseline documented as a potential cost by the Space Station Program Office. SEC. 4. SPACE STATION COMPLETE PROGRAM AUTHORIZATION. (a) Authorization of Appropriations.--Except as provided in subsection (b), there are authorized to be appropriated to the National Aeronautics and Space Administration for the period encompassing fiscal year 1996 and all subsequent fiscal years not to exceed $13,141,000,000, to remain available until expended, for complete development and assembly of, and to provide for initial operations, through fiscal year 2002, of, the International Space Station. Not more than $2,121,000,000 may be appropriated for any one fiscal year. (b) Certification and Report.--None of the funds authorized under subsection (a) may be appropriated for any fiscal year unless, within 60 days after the submission of the President's budget request for that fiscal year, the Administrator-- (1) certifies to the Congress that-- (A) the program reserves available for such fiscal year exceed the total of all cost threats known at the time of certification; (B) the Administrator does not foresee delays in the International Space Station's development or assembly, including any delays relating to agreements between the United States and its international partners; and (C) the International Space Station can be fully developed and assembled without requiring further authorization of appropriations beyond amounts authorized under subsection (a); or (2) submits to the Congress a report which describes-- (A) the circumstances which prevent a certification under paragraph (1); (B) remedial actions undertaken or to be undertaken with respect to such circumstances; (C) the effects of such circumstances on the development and assembly of the International Space Station; and (D) the justification for proceeding with the program, if appropriate. If the Administrator submits a report under paragraph (2), such report shall include any comments relating thereto submitted to the Administrator by any involved party. (c) Neutral Buoyancy Laboratory.--The Administrator is authorized to exercise an option to purchase, for not more than $35,000,000, the Clear Lake Development Facility, containing the Sonny Carter Training Facility and the approximately 13.7 acre parcel of land on which it is located, using funds authorized by this Act. SEC. 5. COORDINATION WITH SPACE SHUTTLE. The Administrator shall-- (1) coordinate the engineering functions of the Space Shuttle program with the Space Station Program Office to minimize overlapping activities; and (2) in the interest of safety and the successful integration of human spacecraft development with human spaceflight operations, maintain at one lead center the complementary capabilities of human spacecraft engineering and astronaut training. SEC. 6. COMMERCIALIZATION OF SPACE STATION. (a) Policy.--The Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. The Congress further declares that the use of free market principles in operating, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government's share of the United States burden to fund operations. (b) Report.--The Administrator shall deliver to the Congress, within 60 days after the submission of the President's budget request for fiscal year 1997, a market study that examines the role of commercial ventures which could supply, use, service, or augment the International Space Station, the specific policies and initiatives the Administrator is advancing to encourage these commercial opportunities, the cost savings to be realized by the international partnership from applying commercial approaches to cost-shared operations, and the cost reimbursements to the United States Federal Government from commercial users of the Space Station. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that the ``cost incentive fee'' single prime contract negotiated by the National Aeronautics and Space Administration for the International Space Station, and the consolidation of programmatic and financial accountability into a single Space Station Program Office, are two examples of reforms for the reinvention of all National Aeronautics and Space Administration programs that should be applied as widely and as quickly as possible throughout the Nation's civil space program. SEC. 8. SPACE STATION ACCOUNTING REPORT. Within one year after the date of enactment of this Act, and annually thereafter, the Administrator shall transmit to the Congress a report with a complete annual accounting of all costs of the space station, including cash and other payments to Russia. Passed the House of Representatives September 28, 1995. Attest: ROBIN H. CARLE, Clerk.
International Space Station Authorization Act of 1995 - Authorizes appropriations through FY 2002 to the National Aeronautics and Space Administration (NASA) for complete development and initial operations of the International Space Station. Caps appropriations for any one fiscal year. Makes appropriations contingent upon the Administrator of NASA certifying that Space Station budgetary, schedule, and technical commitments will be met. Requires a report to the Congress if such certification cannot be made. Authorizes the Administrator to purchase the Clear Lake Development Facility, containing the Sonny Carter Training Facility, Texas. Provides for coordination of the Space Shuttle program with the Space Station Program Office. States that a priority goal of building the International Space Station is the economic development of Earth orbital space. Requires a related commercialization market study. Expresses the sense of the Congress that the "cost incentive fee" single prime contract for the International Space Station and the consolidation of program management and financial accountability into a single Space Station Program Office should be applied throughout the civil space program. Requires the Administrator to submit to the Congress an annual Space Station report, including accounting of all payments to Russia.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Center Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) can also typically affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most people with MS are diagnosed between the ages of 20 and 50 years of age. MS is a leading cause of disability in young adults. Persons living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by unpaid caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The four primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. Other symptoms may include cognitive changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. It is estimated that nearly 500,000 to 1,500,000 people live with Parkinson's and of those 5 to 10 percent are diagnosed younger than 60 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,700,000 TBIs occur annually, resulting in disabilities affecting up to 90,000 people among a broad range of age groups. Traumatic brain injury is also a serious issue that affects military servicemembers. Estimates in prior military conflicts indicate that TBI was present in 14-20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $470,000,000,000 in ``free'' services annually. The supply of family caregivers is unlikely to keep pace with future demand. The caregiver support ratio of potential caregivers aged 45 to 64 for each person aged 80 and older, for instance, is 7 to 1 in 2010, 4 to 1 in 2030, and 3 to 1 in 2050. (6) The majority of family caregivers (or 53 percent) are caring for someone ages 18 to 74. Forty-seven percent of family caregivers are caring for someone 75 or older. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, people with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward people living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions provide an important response to the needs of people living with these conditions and their family caregivers. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) Adult day programs have been shown to provide a range of documented benefits including improvements in functional status, social support, and reductions in fatigue, depression and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are currently few adult day programs focused on younger adult populations in the United States. Although young people living with neurological diseases or conditions may be able to access existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals including young adults living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or any similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) identify which adult day programs are serving young adults living with neurological diseases or conditions; (C) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided to individuals with neurological diseases or conditions including young adults (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (D) evaluate the extent to which the Administration for Community Living supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration for Community Living a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs serving younger people with neurological diseases or conditions. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of younger people living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including their functional abilities and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of younger individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to their family caregivers and that may assist participants in ways that-- (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such diseases or conditions. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2017. (2) $3,000,000 for fiscal year 2018. (3) $6,000,000 for fiscal year 2019. (4) $8,000,000 for fiscal year 2020. (5) $10,000,000 for fiscal year 2021.
Adult Day Center Enhancement Act This bill requires the Administration on Aging (AOA) to initiate a comprehensive survey of current adult day programs that provide care and support to individuals with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. The AOA must identify ongoing successful adult day programs and which of these serve young adults with neurological conditions and develop best practices to guide the establishment of additional successful adult day programs. The AOA must award grants for adult day programs that serve younger people with neurological conditions. An "adult day program" is defined as a program that provides comprehensive care and support services to individuals with neurological conditions and to their family caregivers and that may assist participants in ways that: maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; prevent the onset of complications associated with severe forms of the condition; promote alternatives to placement in nursing homes; reduce the strain on family caregivers of individuals with neurological conditions; focus on supporting the emotional, social, and intellectual needs of a younger adult population; or address the needs of veterans with neurological conditions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Talent Act of 2001''. SEC. 2. FINDINGS; DEFINITIONS. (a) Findings.--Congress makes the following findings with respect to the value of the technically trained workforce to the United States: (1) Studies show that about half of all United States post- World War II economic growth is a direct result of technological innovation, and science, engineering, and technology play a central role in the creation of new goods and services, new jobs, and new capital. (2) The growth in the number of jobs requiring technical skills is projected to be more than 50 percent over the next decade. (3) A workforce that is highly trained in science, mathematics, engineering, and technology is crucial to generating the innovation that drives economic growth. (4) Outside of the biomedical sciences, the number of undergraduate degrees awarded in the science, mathematics, engineering, and technology disciplines has been flat or declining since 1987, despite rapid population growth and a significant increase in undergraduate enrollment over the same period. (5) The demand for H-1B visas has increased over the past several years, suggesting that the United States is not training a sufficient number of scientists and engineers. (6) In international comparisons of 24-year olds, there have been shown to be fewer holders of natural science and engineering degrees in the United States than in Japan, South Korea, Taiwan, the United Kingdom, and Canada. (7) Technological and scientific advancements hold significant potential for elevating the quality of life and the standard of living in the United States. The quality and quantity of such advancements are dependent on a technically trained workforce. (8) Arresting the trends in reduced numbers of science and engineering graduates is not only imperative to maintaining our Nation's prosperity, it is also important for our national security. (b) Definitions.--In this Act: (1) Community college.--The term ``community college'' means an institution of higher education that provides not less than a 2-year program that is acceptable for full credit toward a bachelor's degree, including institutions receiving assistance under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801 et seq.). (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED. (a) In General.--The Director is authorized to award grants, on a competitive basis to institutions of higher education with science, mathematics, engineering, or technology programs to enable the institutions to increase the number of students studying and receiving associates or bachelor's degrees in established or emerging fields within science, mathematics, engineering, and technology. (b) Requirements.-- (1) Number.--The Director shall award not fewer than 10 grants under this Act each year contingent upon available funds. (2) Duration.--Grants under this Act shall be awarded for a period of 3 years, with the final year of funding contingent upon the Director's determination that satisfactory progress has been made by the institution or community college during the first 2 years of the grant period. (3) Principal Investigator.--At least 1 principal investigator must be in a position of administrative leadership at the institution of higher education. Multiple principal investigators shall be permitted. (4) Subsequent grants.--Institutions of higher education that have received grants under this Act shall be eligible to compete for subsequent grants to enable the institutions to continue making progress toward program goals after the initial grant period ends. In reviewing the grant application from such an institution, the Director is encouraged to consider-- (A) the progress the institution has made, using grant funds received under this Act, toward achieving program goals; and (B) whether the successive grant application of the institution includes a novel strategy for achieving subsequent goals. (5) Increases.-- (A) Institutions of higher education with bachelor's degree programs.--An institution of higher education that awards bachelor's degrees and desires to receive a grant under this Act shall propose specific increases in the number of students who are United States citizens or permanent resident aliens, obtaining bachelor's degrees at the institution in established or emerging fields within science, mathematics, engineering, or technology. (B) Community colleges.--A community college that desires to receive a grant under this Act shall propose specific increases in the number of students who are United States citizens or permanent resident aliens, obtaining associate degrees in established or emerging fields within science, mathematics, engineering, or technology, and are encouraged to facilitate the enrollment of such students in bachelor's degree programs. (6) Peer review of applications.--The Director shall review grant applications under this Act on the basis of a peer review process. (7) Priority.--The Director is encouraged to give priority in awarding grants to institutions of higher education that enable such institutions to carry out programs-- (A) that increase the number of students studying and receiving associates and bachelor's degrees in established or emerging fields within science, mathematics, engineering, or technology where there is a specific industry need or where the number of graduates has been flat or declining in recent years; and (B) that draw on previous and existing efforts with demonstrated success in improving undergraduate learning and teaching, including those efforts funded by Federal grants from the National Science Foundation or other agencies. (8) National science foundation science and engineering talent expansion center.--An institution of higher education that is awarded a grant under this Act shall be known as a ``National Science Foundation Science and Engineering Talent Expansion Center''. SEC. 4. POLICY ELEMENTS. In soliciting and evaluating grant applications from institutions of higher education under this Act, the Director shall consider supporting-- (1) programs that specifically aim to increase the number of traditionally underrepresented students (low-income, ethnic minorities, and women) in science, mathematics, engineering, or technology, such as mentoring programs; (2) programs that expand the capacity of institutions of higher education to incorporate current advances in science and technology into the undergraduate learning environment; (3) bridge programs that enable additional preparation for students otherwise not fully prepared to succeed in the study and practice of science, mathematics, engineering, and technology, including programs targeted at traditionally underrepresented groups in such disciplines; (4) programs including interdisciplinary approaches to undergraduate science, mathematics, engineering, and technology education; (5) programs that focus directly on the quality of student learning, including those that encourage-- (A) high-caliber teaching, including enabling faculty to spend additional time teaching participating students in smaller class settings, particularly in the laboratory environment, by, for example, providing summer salary or other additional salary for faculty members or stipends for students; (B) opportunities to develop new pedagogical approaches including the development of web-based course strategies, distributed and collaborative digital teaching tools, or interactive course modules; and (C) screening and training of teaching assistants; (6) programs that-- (A) facilitate student exposure to potential careers, including cooperative programs with industry or government that place students in internships as early as the summer following their first year of study; (B) provide part-time employment in industry during the school year; or (C) provide opportunities for undergraduates to participate in industry or government sponsored research; (7) programs that assist institutions of higher education in States that participate in the Experimental Program to Stimulate Competitive Research (EPSCoR) to broaden the science, engineering, mathematics, and technology student base or increase retention in these fields; (8) programs to encourage undergraduate research on- or off-campus; (9) programs that provide financial incentives to students entering and persisting in the study of science, mathematics, engineering, or technology; (10) programs that leverage the Federal investment by providing matching funds from industry, from State or local government sources, or from private sources; and (11) other innovative approaches to achieving program goals. SEC. 5. EVALUATION AND DISSEMINATION OF INFORMATION. (a) Evaluation.--The Director, in consultation with the advisory committee established under section 7-- (1) shall evaluate, at least once each year, the progress of institutions of higher education that are assisted under this Act in achieving the goal of increasing the number of students obtaining degrees in science, mathematics, engineering, or technology; and (2) shall award at least 1 grant or contract to an independent evaluative organization to develop metrics and evaluate the program approaches assisted under this Act that are most effective, including those most cost-effective, in increasing the number of students obtaining degrees in such disciplines. (b) Dissemination of Information.--The Director, at least once each year, shall disseminate information on the activities and the results of the program assisted under this Act to participating institutions of higher education and other interested institutions of higher education. SEC. 6. REPORTS. (a) List.--Not later than 90 days after the date of enactment of this Act, the Director shall develop, and disseminate to institutions of higher education, a list of examples of existing institutional and government efforts relevant to the program assisted under this Act. (b) Interim Progress Report.--At the end of the second year of the program assisted under this Act, the Director shall submit to Congress an interim progress report that includes an evaluation of programmatic features assisted under this Act that are most effective in increasing the number of students studying science, mathematics, engineering, or technology. (c) Final Report.--The Director shall submit to Congress a final report in 2007 regarding activities assisted under this Act, including-- (1) an evaluation of the features described in subsection (b); (2) the number of degrees granted to students under this Act; and (3) information on the number of graduates assisted under this Act who elected to pursue graduate degrees, and other career paths taken by individuals assisted under this Act. SEC. 7. ADVISORY COMMITTEE. The Director shall establish an advisory committee, that includes significant representation from industry and academic leaders, for the grant program assisted under this Act. The advisory committee shall-- (1) assist the Director in securing active industry, and State and local government, participation in the program assisted under this Act; (2) recommend to the Director new innovative approaches to furthering the mission of the program; and (3) critique and advise the Director regarding program metrics, implementation and performance of the program, and program progress reports. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; FUNDING (a) Authorization of Appropriations.--There is authorized to be appropriated to the National Science Foundation to carry out this Act-- (1) $25,000,000 for fiscal year 2002; and (2) such sums as may be necessary for each subsequent fiscal year. (b) Funding.--In addition to any other purposes for which such funds are available, any funds made available to the Director under section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) shall be available to carry out this Act.
Technology Talent Act of 2001 - Authorizes the Director of the National Science Foundation to award competitive grants to institutions of higher education to increase the number of students studying and receiving associate's or bachelor's degrees in established or emerging fields within science, mathematics, engineering, and technology. Provides that an institution receiving such a grant shall be known as a National Science Foundation Science and Engineering Talent Expansion Center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing and Reinvesting in Early Education Act of 2012'' or ``PRE ED Act of 2012''. SEC. 2. EXPANDING FFEL LOAN FORGIVENESS PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078- 10) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998, and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall repay not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with direct loan program.--No borrower may receive a reduction of loan obligations under both this section and section 460.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 3. EXPANDING FEDERAL DIRECT LOAN CANCELLATION PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998 and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall cancel not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with ffel program.--No borrower may receive a reduction of loan obligations under both this section and section 428J.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 4. AMENDMENT TO LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED PROGRAM. Section 428K(g)(3)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-11(g)(3)(C)) is amended by inserting ``an associate degree in early childhood education or'' before ``a baccalaureate''.
Preparing and Reinvesting in Early Education Act of 2012 or PRE ED Act of 2012 - Amends the Higher Education Act of 1965 to include early childhood educators in the Federal Family Education Loan (FFEL) and Direct Loan (DL) forgiveness programs for teachers. Makes early childhood educators eligible for FFEL or DL forgiveness if they are not in default on the loan being forgiven and have: (1) been employed as a full-time early childhood educator for five consecutive complete school years or a comparable period, as determined by the Secretary of Education; and (2) obtained an associate or baccalaureate degree in early childhood education prior to that period of service. Caps at $25,000 the amount of an early childhood educator's FFEL or DL that may be forgiven. Includes early childhood educators with associate degrees in early childhood development, early child education, or a related field in the program providing FFEL forgiveness for service in areas of national need. (Currently, early childhood educators are required to have completed a baccalaureate or advanced degree in such a field to qualify for participation in that program.)
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancement in Pediatric Autism Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Infantile autism and autism spectrum disorders are biologically-based neurodevelopmental diseases that cause severe impairments in language and communication and generally manifest in young children sometime during the first two years of life. (2) Best estimates indicate that 1 in 500 children born today will be diagnosed with an autism spectrum disorder and that 400,000 Americans have autism or an autism spectrum disorder. (3) Three quarters of those with infantile autism spend their adult lives in institutions or group homes, and usually enter institutions by the age of 13. (4) The cost of caring for individuals with autism and autism spectrum disorder is great, and is estimated to be $13.3 billion per year solely for direct costs. (5) The rapid advancements in biomedical science suggest that effective treatments and a cure for autism are attainable if-- (A) there is appropriate coordination of the efforts of the various agencies of the Federal Government involved in biomedical research on autism and autism spectrum disorders; (B) there is an increased understanding of autism and autism spectrum disorders by the scientific and medical communities involved in autism research and treatment; and (C) sufficient funds are allocated to research. (6) Specifically, more knowledge is needed concerning-- (A) the underlying causes of autism and autism spectrum disorders, how to treat the underlying abnormality or abnormalities causing the severe symptoms of autism, and how to prevent these abnormalities from occurring in the future; (B) the epidemiology of, and the identification of risk factors for, infantile autism and autism spectrum disorders; (C) the development of methods for early medical diagnosis and functional assessment of individuals with autism and autism spectrum disorders, including identification and assessment of the subtypes within the autism spectrum disorders, for the purpose of monitoring the course of the disease and developing medically sound strategies for improving the outcomes of such individuals; (D) existing biomedical and diagnostic data that are relevant to autism and autism spectrum disorders for dissemination to medical personnel, particularly pediatricians, to aid in the early diagnosis and treatment of this disease; and (E) the costs incurred in educating and caring for individuals with autism and autism spectrum disorders. (7) In 1998, the National Institutes of Health announced a program of research on autism and autism spectrum disorders. A sufficient level of funding should be made available for carrying out the program. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON AUTISM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following section: ``autism ``Sec. 409C. (a) In General.-- ``(1) Expansion of activities.--The Director of NIH (in this section referred to as the `Director') shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on autism. ``(2) Administration of program; collaboration among agencies.--The Director shall carry out this section acting through the Director of the National Institute of Mental Health and in collaboration with the Director of the National Institute of Child Health and Human Development, the Director of the National Institute of Neurological Disorders and Stroke, and the Director of the National Institute on Deafness and Other Communication Disorders. ``(3) Autism coordinating committee.--The Director shall ensure that-- ``(A) there is in operation at the National Institutes of Health a committee to coordinate, with respect to research on autism, the activities of the national research institutes specified in paragraph (2); and ``(B) the coordinating committee is composed of the directors of such national research institutes and such other officials of the National Institutes of Health as the Director determines to be appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--The Director shall under subsection (a)(1) make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on autism. ``(2) Research, training, and information and education.-- Each center under paragraph (1) shall conduct-- ``(A) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of autism, including research in the fields of developmental neurobiology, genetics, and psychopharmacology; ``(B) training programs for physicians, scientists, and other health and allied health professionals; and ``(C) information and continuing education programs for physicians and other health and allied health professionals who provide care for patients with autism. ``(3) Services for patients.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. The program may provide fees to such subjects. The program may, in accordance with such criteria as the Director may establish, provide to such subjects health care, referrals for health and other services, and such incidental services as will facilitate the participation of individuals as such subjects. ``(4) Stipends for training of health professionals.--A center under paragraph (1) may expend amounts provided under such paragraph to provide stipends for health professionals enrolled in training programs under paragraph (2)(B). ``(5) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director and the coordinating committee under subsection (a)(3). ``(6) Organization of centers.--Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(7) Number of centers; duration of support.--The Director shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of not less than five centers under paragraph (1). Support of such a center may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Information and Education.--The Director shall under subsection (a)(1) carry out a program to provide information and education on autism to health professionals and the general public, including information and education on advances in the diagnosis and treatment of autism. ``(d) Facilitation of Research.--The Director shall under subsection (a)(1) provide by contract for a program under which samples of tissues and genetic materials that are of use in research on autism are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples. ``(e) Public Input.--The Director shall under subsection (a)(1) provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to autism and through which the Director can receive comments from the public regarding such programs and activities. ``(f) Autism Spectrum Disorders.--For purposes of this section, the term `autism' includes autism spectrum disorders to the extent determined by the Director to be appropriate. ``(g) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2003. Such authorizations of appropriations are in addition to any other authorization of appropriations that is available for such purpose. ``(2) Allocations.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Director shall make available not less than 75 percent for carrying out subsection (b), not less than 6 percent for carrying out subsection (c), and not less than 4 percent for carrying out subsection (d).''.
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
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SECTION 1. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER SERVING INSTITUTIONS. (a) Amendment.--Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Asian American and Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Pacific Islanders. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Asian American' has the meaning given the term Asian in the Office of Management and Budget's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789); ``(2) the term `Pacific Islander' has the meaning given the term `Native Hawaiian' or `Other Pacific Islander' in such Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity; ``(3) the term `Asian American and Pacific Islander-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); and ``(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Pacific Islander students; and ``(4) the term `low-income individual' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Asian American and Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Asian Americans and Pacific Islanders. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; ``(H) academic tutoring and counseling programs and student support services; ``(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue post-secondary education; ``(J) establishing or improving an endowment fund; ``(K) academic instruction in disciplines in which Asian Americans and Pacific Islanders are under- represented; ``(L) conducting research and data collection for Asian American and Pacific Islander populations and sub-populations; and ``(M) establishing partnerships with community based organizations serving Asian Americans and Pacific Islanders. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Asian American and Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Pacific Islander- serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be an Asian American and Pacific Islander- serving institution may submit an application for assistance under this section to the Secretary. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Asian American and Pacific Islander- serving institution to Asian American and Pacific Islander students; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Asian American and Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall-- ``(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and ``(ii) give priority consideration to institutions that serve a significant percentage of Asian American and Pacific Islander students who are low-income individuals.''. (b) Authorization of Appropriations.--Section 399(a)(1) of such Act (20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $30,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.
Amends the Higher Education Act of 1965 title III part A (Strengthening Institutions) to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education for activities to improve their capacity to serve students who are Asian Americans and Pacific Islanders. Gives priority to eligible institutions with a significant percentage of enrollment made up of such students who are low-income individuals.
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SECTION 1. SAFE HARBORS TO ANTIKICKBACK CIVIL PENALTIES AND CRIMINAL PENALTIES FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND TRAINING SERVICES. (a) For Civil Penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) For purposes of this subsection, inducements to reduce or limit services described in paragraph (1) shall not include the practical or other advantages resulting from health information technology or related installation, maintenance, support, or training services.''; and (2) in subsection (i), by adding at the end the following new paragraph: ``(8) The term `health information technology' means hardware, software, license, right, intellectual property, equipment, or other information technology (including new versions, upgrades, and connectivity) designed or provided primarily for the electronic creation, maintenance, or exchange of health information to better coordinate care or improve health care quality, efficiency, or research.''. (b) For Criminal Penalties.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (b)(3)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in the subparagraph (H) added by section 237(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2213)-- (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a semicolon; (C) in the subparagraph (H) added by section 431(a) of such Act (117 Stat. 2287)-- (i) by redesignating such subparagraph as subparagraph (I); (ii) by moving such subparagraph 2 ems to the left; and (iii) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(J) any nonmonetary remuneration (in the form of health information technology, as defined in section 1128A(i)(8), or related installation, maintenance, support, or training services) made to a person by a specified entity (as defined in subsection (g)) if-- ``(i) the provision of such remuneration is without an agreement between the parties or legal condition that-- ``(I) limits or restricts the use of the health information technology to services provided by the physician to individuals receiving services at the specified entity; ``(II) limits or restricts the use of the health information technology in conjunction with other health information technology; or ``(III) conditions the provision of such remuneration on the referral of patients or business to the specified entity; ``(ii) such remuneration is arranged for in a written agreement that is signed by the parties involved (or their representatives) and that specifies the remuneration solicited or received (or offered or paid) and states that the provision of such remuneration is made for the primary purpose of better coordination of care or improvement of health quality, efficiency, or research; and ``(iii) the specified entity providing the remuneration (or a representative of such entity) has not taken any action to disable any basic feature of any hardware or software component of such remuneration that would permit interoperability.''; and (2) by adding at the end the following new subsection: ``(g) Specified Entity Defined.--For purposes of subsection (b)(3)(J), the term `specified entity' means an entity that is a hospital, group practice, prescription drug plan sponsor, a Medicare Advantage organization, or any other such entity specified by the Secretary, considering the goals and objectives of this section, as well as the goals to better coordinate the delivery of health care and to promote the adoption and use of health information technology.''. (c) Effective Date and Effect on State Laws.-- (1) Effective date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 120 days after the date of the enactment of this Act. (2) Preemption of state laws.--No State (as defined in section 1101(a) of the Social Security Act (42 U.S.C. 1301(a)) for purposes of title XI of such Act) shall have in effect a State law that imposes a criminal or civil penalty for a transaction described in section 1128A(b)(4) or section 1128B(b)(3)(J) of such Act, as added by subsections (a)(1) and (b), respectively, if the conditions described in the respective provision, with respect to such transaction, are met. (d) Study and Report To Assess Effect of Safe Harbors on Health System.-- (1) In general.--The Secretary of Health and Human Services shall conduct a study to determine the impact of each of the safe harbors described in paragraph (3). In particular, the study shall examine the following: (A) The effectiveness of each safe harbor in increasing the adoption of health information technology. (B) The types of health information technology provided under each safe harbor. (C) The extent to which the financial or other business relationships between providers under each safe harbor have changed as a result of the safe harbor in a way that adversely affects or benefits the health care system or choices available to consumers. (D) The impact of the adoption of health information technology on health care quality, cost, and access under each safe harbor. (2) Report.--Not later than three years after the effective date described in subsection (c)(1), the Secretary of Health and Human Services shall submit to Congress a report on the study under paragraph (1). (3) Safe harbors described.--For purposes of paragraphs (1) and (2), the safe harbors described in this paragraph are-- (A) the safe harbor under section 1128A(b)(4) of such Act (42 U.S.C. 1320a-7a(b)(4)), as added by subsection (a)(1); and (B) the safe harbor under section 1128B(b)(3)(J) of such Act (42 U.S.C. 1320a-7b(b)(3)(J)), as added by subsection (b). SEC. 2. EXCEPTION TO LIMITATION ON CERTAIN PHYSICIAN REFERRALS (UNDER STARK) FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND TRAINING SERVICES TO HEALTH CARE PROFESSIONALS. (a) In General.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended by adding at the end the following new paragraph: ``(6) Information technology and training services.-- ``(A) In general.--Any nonmonetary remuneration (in the form of health information technology or related installation, maintenance, support or training services) made by a specified entity to a physician if-- ``(i) the provision of such remuneration is without an agreement between the parties or legal condition that-- ``(I) limits or restricts the use of the health information technology to services provided by the physician to individuals receiving services at the specified entity; ``(II) limits or restricts the use of the health information technology in conjunction with other health information technology; or ``(III) conditions the provision of such remuneration on the referral of patients or business to the specified entity; ``(ii) such remuneration is arranged for in a written agreement that is signed by the parties involved (or their representatives) and that specifies the remuneration made and states that the provision of such remuneration is made for the primary purpose of better coordination of care or improvement of health quality, efficiency, or research; and ``(iii) the specified entity (or a representative of such entity) has not taken any action to disable any basic feature of any hardware or software component of such remuneration that would permit interoperability. ``(B) Health information technology defined.--For purposes of this paragraph, the term `health information technology' means hardware, software, license, right, intellectual property, equipment, or other information technology (including new versions, upgrades, and connectivity) designed or provided primarily for the electronic creation, maintenance, or exchange of health information to better coordinate care or improve health care quality, efficiency, or research. ``(C) Specified entity defined.--For purposes of this paragraph, the term `specified entity' means an entity that is a hospital, group practice, prescription drug plan sponsor, a Medicare Advantage organization, or any other such entity specified by the Secretary, considering the goals and objectives of this section, as well as the goals to better coordinate the delivery of health care and to promote the adoption and use of health information technology.''. (b) Effective Date; Effect on State Laws.-- (1) Effective date.--The amendment made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act. (2) Preemption of state laws.--No State (as defined in section 1101(a) of the Social Security Act (42 U.S.C. 1301(a)) for purposes of title XI of such Act) shall have in effect a State law that imposes a criminal or civil penalty for a transaction described in section 1877(b)(6) of such Act, as added by subsection (a), if the conditions described in such section, with respect to such transaction, are met. (c) Study and Report To Assess Effect of Exception on Health System.-- (1) In general.--The Secretary of Health and Human Services shall conduct a study to determine the impact of the exception under section 1877(b)(6) of such Act (42 U.S.C. 1395nn(b)(6)), as added by subsection (a). In particular, the study shall examine the following: (A) The effectiveness of the exception in increasing the adoption of health information technology. (B) The types of health information technology provided under the exception. (C) The extent to which the financial or other business relationships between providers under the exception have changed as a result of the exception in a way that adversely affects or benefits the health care system or choices available to consumers. (D) The impact of the adoption of health information technology on health care quality, cost, and access under the exception. (2) Report.--Not later than three years after the effective date described in subsection (b)(1), the Secretary of Health and Human Services shall submit to Congress a report on the study under paragraph (1). SEC. 3. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA. (a) Application to Safe Harbor From Criminal Penalties.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended by adding after and below subparagraph (J), as added by section 1(b)(1), the following: ``For purposes of subparagraph (J), nothing in such subparagraph shall be construed as preventing a specified entity, consistent with the specific requirements of such subparagraph, from forming a consortium composed of health care providers, payers, employers, and other interested entities to collectively purchase and donate health information technology, or from offering health care providers a choice of health information technology products in order to take into account the varying needs of such providers receiving such products.''. (b) Application to Stark Exception.--Paragraph (6) of section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)), as added by section 2(a), is amended by adding at the end the following new subparagraph: ``(D) Rule of construction.--For purposes of subparagraph (A), nothing in such subparagraph shall be construed as preventing a specified entity, consistent with the specific requirements of such subparagraph, from-- ``(i) forming a consortium composed of health care providers, payers, employers, and other interested entities to collectively purchase and donate health information technology; or ``(ii) offering health care providers a choice of health information technology products in order to take into account the varying needs of such providers receiving such products.''.
Amends title XI of the Social Security Act to exclude (provide safe harbors for) the practical or other advantages resulting from health information technology or related installation, maintenance, support, or training services from the ban on hospital payments to physicians (kickbacks) to induce reduction or limitation of services, which are subject to antikickback civil penalties. Exempts related nonmonetary remunerations meeting specified requirements from criminal penalties. Requires the Secretary of Health and Human Services (HHS) to assess and report to Congress on the effect of these safe harbors on the health system, especially the adoption of health information technology. Amends SSA title XVIII (Medicare) to except from the limitation on certain physician referrals the provision of health information technology and training services to health care professionals. Requires the Secretary to assess and report to Congress similarly on the impact of this exception on the health system, especially the adoption of health information technology.
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SECTION 1. FINDINGS. The Congress finds that-- (1) preleasing, leasing, exploration, and development and production of oil and gas from the outer Continental Shelf without adequate scientific and environmental information does not provide the level of protection needed for the conservation of the natural resources of the Nation's coastal areas; (2) the Secretary of the Interior, assigned the primary responsibility for the proper stewardship of the Nation's public lands and outer Continental Shelf, is required to provide adequate environmental analysis under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other Federal laws, before such lands are leased to develop oil and gas resources; and (3) to protect the marine, coastal, and human environments of coastal States, the citizens of such States are entitled to have an adequate body of scientific and environmental information, with a minimal level of uncertainty, before such leasing and development are carried out. SEC. 2. AREAS COVERED. The areas to which this Act applies are-- (1) that part of the Eastern Gulf of Mexico Planning Area that is east of the lateral seaward boundary between the States of Florida and Alabama; (2) the Straits of Florida Planning Area; and (3) that part of the South Atlantic Planning Area that is south of the lateral seaward boundary between the States of Florida and Georgia. SEC. 3. RESTRICTIONS AND REQUIREMENTS. (a) General Rule.--The Secretary shall not conduct any preleasing activities, hold any lease sale, or approve or permit any exploration, production, or drilling activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in any area described in section 2 unless-- (1) all assessments, studies, and research required for such area under section 4 have been completed; (2) all such assessments, studies, and research have been peer reviewed, by qualified scientists not employed by the Federal Government, as provided for and supervised by the Joint Task Force; and (3) the Secretary has transmitted to the Congress and to the Governor of Florida a report, which has been reviewed by the Joint Task Force, certifying that the available physical oceanographic, ecological, and socioeconomic information, and other environmental, endangered and threatened species, and marine mammal information, is adequate to enable the Secretary to carry out his responsibilities in such area under the Outer Continental Shelf Lands Act and other Federal laws, with a minimal level of uncertainty, with respect to all preleasing activities, leasing, and exploration, production, and drilling activities. (b) Specific Prohibition.--Notwithstanding subsection (a), the Secretary shall not conduct any preleasing activity, hold any lease sale, or approve or permit any exploration, production, or drilling activities under the Outer Continental Shelf Lands Act in that part of the Eastern Gulf of Mexico Planning Area that is south of 26 degrees north latitude and east of 86 degrees west longitude. (c) Additional Prohibition.--Notwithstanding subsection (a), the Secretary shall not conduct any preleasing activity or hold any lease sale in any area described in section 2 until after the expiration of the period covered by the next oil and gas leasing program issued under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) after the leasing program in effect under such section as of the date of enactment of this Act. SEC. 4. ASSESSMENTS, STUDIES, AND RESEARCH. The assessments, studies, and research referred to in section 3(a)(1) and (2) are as follows: (1) Eastern gulf of mexico planning area.--With respect to the area described in section 2(1): (A) The Assessment of the Historical, Social, and Economic Impacts of Outer Continental Shelf Development on Gulf Coast Communities, to be conducted by the Minerals Management Service. (B) The Northeastern Gulf of Mexico Marine Ecosystem Study, to be conducted by the National Biological Survey. (C) Any additional physical oceanographic studies identified and recommended by the Northeast Gulf of Mexico Physical Oceanography Workshop conducted by the Minerals Management Service in conjunction with Florida State University. (D) Any additional studies or research in such area needed to acquire information where one of the National Research Council's reports found available information inadequate. (E) Any additional physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida, including any such request for the expansion of assessments, studies, or research described in subparagraphs (A) through (D). (2) Straits of florida planning area.--With respect to the area described in section 2(2): (A) The Assessment of the Historical, Social, and Economic Impacts of Outer Continental Shelf Development on Gulf Coast Communities, to be conducted by the Minerals Management Service. (B) Any additional physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida. (3) South atlantic planning area.--With respect to the area described in section 2(3), any physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida. SEC. 5. JOINT TASK FORCE. (a) Establishment.--There shall be established a Joint Federal- State Outer Continental Shelf Task Force for the purpose of carrying out the responsibilities assigned such Joint Task Force under this Act. (b) Membership.--The Joint Task Force established under subsection (a) shall consist of-- (1) one representative each from the Environmental Protection Agency, the Minerals Management Service, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service; (2) four representatives from the State of Florida appointed from a list provided by the Governor of such State; and (3) three members appointed by the Secretary of Commerce from a list of individuals nominated by the National Academy of Sciences who are professional scientists in the fields of physical oceanography, marine ecology, and social science. (c) Compensation.--(1) Members of the Joint Task Force appointed under subsection (b)(3), while performing official duties under this Act shall receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (2) Members of the Joint Task Force appointed under subsection (b)(3) may be compensated at a rate to be fixed by the Secretary of Commerce, but not in excess of the maximum rate of pay for grade GS-18 provided in the General Schedule under section 5332 of title 5, United States Code, for each day such member spends performing the duties of the Joint Task Force. SEC. 6. ENVIRONMENTAL IMPACT STATEMENTS. Approval of the first exploration plan submitted after the date of enactment of this Act under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) in each of the 3 areas described in section 2 (1), (2), and (3) shall be subject to the requirement of a detailed statement submitted under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). SEC. 7. EFFECT ON OTHER LAWS. Nothing in this Act shall affect any prohibition in any other law against any activities on the outer Continental Shelf. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $3,000,000 for each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 for carrying out this Act. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) terms defined in the Outer Continental Shelf Lands Act have the meaning given such terms in that Act; (2) references to specific outer Continental Shelf planning areas shall be to areas so designated in the Department of the Interior Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program 1992-1997 Proposed Final, dated April 1992; (3) the term ``adequate'' means sufficiently complete to enable necessary decisions to be made under the Outer Continental Shelf Lands Act, and of sufficient scientific quality to be repeatable, reliable, and valid in measurements and analysis with appropriate methods and subject; (4) the term ``Joint Task Force'' means the Joint Federal- State Outer Continental Shelf Task Force established under section 5; (5) the term ``National Research Council's reports'' means-- (A) the report entitled ``The Adequacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California'' issued in 1989 by the Council's Committee to Review the Outer Continental Shelf Environmental Studies Program and supported by the President's Outer Continental Shelf Leasing and Development Task Force through Department of the Interior Contract No. 1435000130495; and (B) parts I, II, and III of the ``Assessment of the U. S. Outer Continental Shelf Environmental Studies Program'' issued in 1990 and 1992 by the committee referred to in subparagraph (A), with support from Department of the Interior Contract No. 14-12-001- 30342; and (6) the term ``preleasing activities'' means activities conducted before a lease sale is held, and includes the scheduling of a lease, requests for industry interest, calls for information and nominations, area identifications, publication of draft or final environmental impact statements, notices of sale, and any form of rotary drilling; but such term does not include environmental, geologic, geophysical, economic, engineering, or other scientific analyses, studies, and evaluations.
Precludes the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement his or her Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in the three above-mentioned Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Genomic Science and Technology Innovation Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Genomic science promises a revolution in the development of new and effective genomic technologies and other innovations, and it is in the national interest to speed the development and deployment of these new technologies through policies that promote innovation in the field of genomic science and technology. (2) While Federal innovation policies can help stimulate innovation by attracting capital investment to the development of commercial products, such policies can also inhibit basic research and hinder sharing of information that is the basis of scientific progress, thereby slowing the innovation process. (3) Intellectual property policies for genomic science and technology products are being implemented without an adequate understanding and consideration of the net impact of such policies on the innovation process. (4) Decisions about intellectual property policy being made now are likely to have significant impacts on basic research and the development of genomic technology for decades to come. (5) The Office of Science and Technology Policy is uniquely positioned to lead the development of a coordinated, interagency policy to promote innovation in genomic science and technology. A definitive study coordinated by the Office of Science and Technology Policy that identifies the impacts of Federal innovation policy on the innovation pipeline for genomic technology and includes recommendations for policies, including any statutory changes needed to optimize the genomic technology innovation pipeline, would contribute significantly to the development of the policy. SEC. 3. STUDY. (a) Requirement.--The Director of the Office of Science and Technology Policy shall conduct, or may contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. (b) Consultation.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with the National Science and Technology Council, the National Science Foundation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, and other agencies or divisions of agencies the Director considers appropriate. (c) Advisory Committee.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with an advisory committee, organized as a subcommittee of the President's Committee of Advisors on Science and Technology, that shall include balanced membership from research universities and other nonprofit research institutions, industry, economists, legal experts, bioethicists, clinicians and clinical scientists, genetic practitioners, and advocacy groups. (d) Contents.--The study shall-- (1) identify and quantify, to extent possible, the actual and reasonably expected effects of innovation policy on genomic science and technology innovation; (2) explicitly consider various alternative levels of intellectual property protection genomic materials may receive and the likely impact of the various levels of protection on each element of the innovation pipeline, including-- (A) fundamental genomic research carried out at universities and other nonprofit research institutions; (B) commercial genomic research at universities, nonprofit research institutions, and for-profit institutions, including the expected effects on intracompany investment and external private capital; (C) development of commercial genomic technologies, including the expected effects on investment capital; and (D) access to genomic technologies and processes; and (3) include an assessment of the net impact of Federal innovation policies on innovation for genomic technologies, including an assessment of-- (A) researchers' access to genomic materials; (B) the rate of innovation; (C) the quality of innovation; (D) the cost of new genomic technologies brought to market; (E) the impact of restricted access to genomic diagnostics on evaluation, improvement, and clinical utilization; (F) the cost and availability of innovative technology; (G) whether Federal innovation policies create barriers to research through denial of use of a research tool, increased costs of licensing, legal and litigation costs, transaction costs, or the perception of increased legal liability, or hinder the access of researchers to genomic materials and to databases of genomic sequence information; (H) whether Federal innovation policies affect the choice of area of research conducted by researchers or institutions or provide positive benefits to such research, including additional funding from private sector partners; and (I) the range of incentives providing motivation for genetics research and technology development other than intellectual property protection. SEC. 4. REPORT. The Director of the Office of Science and Technology Policy shall, within 270 days after the date of the enactment of this Act, transmit a report to Congress that-- (1) contains the findings of the study conducted under section 3; and (2) makes recommendations for policies, including legislative changes, needed to optimize the genomic technology innovation pipeline. SEC. 5. COORDINATED POLICY. After the report is transmitted to Congress under section 4, the Director of the Office of Science and Technology Policy shall incorporate the policy recommendations into a coordinated interagency policy to promote innovation in genomic science and technology, including the sound use of intellectual property policy. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the term ``genomic materials'' means any material containing a human or human pathogen polynucleotide sequence other than genetic probes and markers and transgenic organisms; (2) the term ``genomic technology'' means any genetic diagnostic methods or kits, tools, probes, or markers, and any pharmaceutical or therapy that uses or incorporates genomic materials; and (3) the term ``innovation policy'' includes intellectual property protection and policies.
Genomic Science and Technology Innovation Act of 2002 - Requires the Director of the Office of Science and Technology Policy to conduct, or contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies.Requires such study to: (1) identify and quantify the effects of innovation policy on genomic science and technology innovation; (2) consider alternative levels of intellectual property protection genomic materials may receive and the likely impact on each element of the innovation pipeline; and (3) assess the net impact of Federal innovative policies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Network Defense and Accountability Act of 2008''. SEC. 2. AUTHORITY OF CHIEF INFORMATION OFFICER; QUALIFICATIONS FOR APPOINTMENT. Section 703(a) of the Homeland Security Act of 2002 (6 U.S.C. 343(a)) is amended-- (1) by inserting before the first sentence the following: ``(1) Authorities and duties.--The Secretary shall delegate to the Chief Information Officer such authority necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, funding, and systems of the Department relating to the management of information and information infrastructure for the Department, including the management of all related mission applications, information resources, and personnel. ``(2) Line authority.--''; and (2) by adding at the end the following new paragraphs: ``(3) Qualifications for appointment.--An individual may not be appointed as Chief Information Officer unless the individual has-- ``(A) demonstrated ability in and knowledge of information technology and information security; and ``(B) not less than 5 years of executive leadership and management experience in information technology and information security in the public or private sector. ``(4) Functions.--The Chief Information Officer shall-- ``(A) establish and maintain an incident response team that provides a continuous, real-time capability within the Department of Homeland Security to-- ``(i) detect, respond to, contain, investigate, attribute, and mitigate any computer incident, as defined by the National Institute of Standards and Technology, that could violate or pose an imminent threat of violation of computer security policies, acceptable use policies, or standard security practices of the Department; and ``(ii) deliver timely notice of any incident to individuals responsible for information infrastructure of the Department, and to the United States Computer Emergency Readiness Team; ``(B) establish, maintain, and update a network architecture, including a diagram detailing how security controls are positioned throughout the information infrastructure of the Department to maintain the confidentiality, integrity, availability, accountability, and assurance of electronic information; and ``(C) ensure that vulnerability assessments are conducted on a regular basis for any Department information infrastructure connected to the Internet or another external network, and that vulnerabilities are mitigated in a timely fashion.''. SEC. 3. ATTACK-BASED TESTING PROTOCOLS. Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended by adding at the end the following new subsection: ``(c) Attack-Based Testing Protocols.--The Chief Information Officer, in consultation with the Inspector General, the Assistant Secretary for Cybersecurity, and the heads of other appropriate Federal agencies, shall-- ``(1) establish security control testing protocols that ensure that the Department's information infrastructure is effectively protected against known attacks against and exploitations of Federal and contractor information infrastructure; ``(2) oversee the deployment of such protocols throughout the information infrastructure of the Department; and ``(3) update such protocols on a regular basis.''. SEC. 4. INSPECTOR GENERAL REVIEWS OF INFORMATION INFRASTRUCTURE. Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is further amended by adding at the end the following new subsection: ``(d) Inspector General Reviews.-- ``(1) In general.--The Inspector General of the Department shall use authority under the Inspector General Act of 1978 (5 App. U.S.C.) to conduct announced and unannounced performance reviews and programmatic reviews of the information infrastructure of the Department to determine the effectiveness of security policies and controls of the Department. ``(2) Performance reviews.--Performance reviews under this subsection shall test and validate a system's security controls using the protocols created under subsection (c), beginning not later than 270 days after the date of enactment of the Homeland Security Network Defense and Accountability Act of 2008. ``(3) Programmatic reviews.--Programmatic reviews under this subsection shall-- ``(A) determine whether an agency of the Department is complying with policies, processes, and procedures established by the Chief Information Officer; and ``(B) focus on risk assessment, risk management, and risk mitigation, with primary regard to the implementation of best practices such as authentication, access control (including remote access), intrusion detection and prevention, data protection and integrity, and any other controls that the Inspector General considers necessary. ``(4) Information security report.--The Inspector General shall submit a security report containing the results of each review under this subsection and prioritized recommendations for improving security controls based on that review, including recommendations regarding funding changes and personnel management, to-- ``(A) the Secretary; ``(B) the Chief Information Officer; and ``(C) the head of the Department component that was the subject of the review, and other appropriate individuals responsible for the information infrastructure of such agency. ``(5) Corrective action report.-- ``(A) In general.--Within 60 days after receiving a security report under paragraph (4), the head of the Department component that was the subject of the review and the Chief Information Officer shall jointly submit a corrective action report to the Secretary and the Inspector General. ``(B) Contents.--The corrective action report-- ``(i) shall contain a plan for addressing recommendations and mitigating vulnerabilities contained in the security report, including a timeline and budget for implementing such plan; and ``(ii) shall note any matters in disagreement between the head of the Department component and the Chief Information Officer. ``(6) Reports to congress.-- ``(A) Annual reports.--In conjunction with the reporting requirements of section 3545 of title 44, United States Code, the Inspector General shall submit an annual report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) summarizing the performance and programmatic reviews performed during the preceding fiscal year, the results of those reviews, and any actions that remain to be taken under plans included in corrective action reports under paragraph (5); and ``(ii) describing the effectiveness of the testing protocols developed under subsection (c) in reducing successful exploitations of the Department's information infrastructure. ``(B) Security reports and corrective action reports.--The Inspector General shall make all security reports and corrective action reports available to any member of the Committee on Homeland Security of the House of Representatives, any member of the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States, upon request.''. SEC. 5. INFORMATION INFRASTRUCTURE DEFINED. Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is further amended by adding at the end the following: ``(e) Information Infrastructure Defined.--In this section, the term `information infrastructure' means systems and assets used in processing, transmitting, receiving, or storing information electronically.''. SEC. 6. NETWORK SERVICE PROVIDERS. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. REQUIREMENTS FOR NETWORK SERVICE PROVIDERS. ``(a) Compatibility Determination.--Before entering into or renewing a covered contract, the Secretary, acting through the Chief Information Officer, must determine that the contractor has an internal information systems security policy that complies with the Department's information security requirements for risk assessment, risk management, and risk mitigation, with primary regard to the implementation of best practices such as authentication, access control (including remote access), intrusion detection and prevention, data protection and integrity, and any other policies that the Secretary considers necessary to ensure the security of the Department's information infrastructure. ``(b) Contract Requirements Regarding Security.--The Secretary shall include in each covered contract provisions requiring the contractor to-- ``(1) implement and regularly update the internal information systems security policy required under subsection (a); ``(2) maintain the capability to provide contracted services on a continuing and ongoing basis to the Department in the event of unplanned or disruptive event; and ``(3) deliver timely notice of any internal computer incident, as defined by the National Institute of Standards and Technology, that could violate or pose an imminent threat of violation of computer security policies, acceptable use policies, or standard security practices at the Department, to the United States Computer Emergency Readiness Team and the incident response team established under section 703(a)(4). ``(c) Contract Requirements Regarding Subcontracting.--The Secretary shall include in each covered contract-- ``(1) a requirement that the contractor develop and implement a plan for the award of subcontracts, as appropriate, to small business concerns and disadvantaged business concerns in accordance with other applicable requirements, including the terms of such plan, as appropriate; and ``(2) a requirement that the contractor submit to the Secretary, during performance of the contract, periodic reports describing the extent to which the contractor has complied with such plan, including specification (by total dollar amount and by percentage of the total dollar value of the contract) of the value of subcontracts awarded at all tiers of subcontracting to small business concerns, including socially and economically disadvantaged small businesses concerns, small business concerns owned and controlled by service-disabled veterans, HUBZone small business concerns, small business concerns eligible to be awarded contracts pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)), and Historically Black Colleges and Universities and Hispanic-serving institutions, tribal colleges and universities, and other minority institutions. ``(d) Existing Contracts.--The Secretary shall, to the extent practicable under the terms of existing contracts, require each contractor who provides covered information services under a contract in effect on the date of the enactment of the Homeland Security Network Defense and Accountability Act of 2008 to comply with the requirements described in subsection (b). ``(e) Definitions.--For purposes of this section: ``(1) Socially and economically disadvantaged small businesses concern, small business concern owned and controlled by service-disabled veterans, and hubzone small business concern.--The terms `socially and economically disadvantaged small businesses concern', `small business concern owned and controlled by service-disabled veterans', and `HUBZone small business concern' have the meanings given such terms under the Small Business Act (15 U.S.C. 631 et seq.). ``(2) Contractor.--The term `contractor' includes each subcontractor of a contractor. ``(3) Covered contract.--The term `covered contract' means a contract entered into or renewed after the date of the enactment of the Homeland Security Network Defense and Accountability Act of 2008 for the provision of covered information services. ``(4) Covered information services.--The term `covered information services' means creation, management, maintenance, control, or operation of information networks or Internet Web sites for the Department. ``(5) Historically black colleges and universities.--The term `Historically Black Colleges and Universities' means part B institutions under title III of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(6) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given such term under title V of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)). ``(7) Information infrastructure.--The term `information infrastructure' has the meaning that term has under section 703. ``(8) Tribal colleges and universities.--The term `tribal colleges and universities' has the meaning given such term under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Requirements for network service providers.''. (c) Report.--Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate a report describing-- (1) the progress in implementing requirements issued by the Office of Management and Budget for encryption, authentication, Internet Protocol version 6, and Trusted Internet Connections, including a timeline for completion; (2) a plan, including an estimated budget and a timeline, to investigate breaches against the Department of Homeland Security's information infrastructure for purposes of counterintelligence assessment, attribution, and response; (3) a proposal to increase threat information sharing with cleared and uncleared contractors and provide specialized damage assessment training to private sector information security professionals; and (4) a process to coordinate the Department of Homeland Security's information infrastructure protection activities. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as affecting in any manner the application of the Federal Information Management Security Act of 2002 (44 U.S.C. 3541 et seq.), to the Department of Homeland Security, including all requirements and deadlines in that Act. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.
Homeland Security Network Defense and Accountability Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to delegate to the Department's Chief Information Officer (CIO) authority for the development, approval, implementation, integration, and oversight of DHS policies, procedures, activities, funding, and systems relating to information management and information infrastructure. Lists CIO qualifications (including at least five years of executive leadership and management experience in information technology and information security) and functions (including establishing an incident response team). (Sec. 3) Directs the CIO to establish, oversee the deployment of, and regularly update security control testing protocols that ensure that DHS's information infrastructure is effectively protected against known attacks and exploitations of federal and contractor information infrastructure. (Sec. 4) Requires the Inspector General to conduct performance and programmatic reviews of DHS's information infrastructure to determine the effectiveness of its security policies and controls. Requires programmatic reviews to: (1) determine whether a DHS component is complying with policies, processes, and procedures established by the CIO; and (2) focus on risk assessment, management, and mitigation, with primary regard to the implementation of best practices such as authentication, access control (including remote access), intrusion detection and prevention, and data protection and integrity. Directs the Inspector General to submit a security report on each review that includes prioritized recommendations for improving security controls, including recommendations regarding funding changes and personnel management, to the Secretary, CIO, and head of the DHS component. Requires: (1) the DHS component head and the CIO to jointly submit a corrective action report to the Secretary and the Inspector General; and (2) the Inspector General to submit an annual report to the House and Senate homeland security committees. (Sec. 5) Defines "information infrastructure" under such Act as systems and assets used in processing, transmitting, receiving, or storing information electronically. (Sec. 6) Requires the Secretary, before entering into or renewing a covered contract and acting through the CIO, to determine that the contractor has an internal information systems security policy that complies with DHS information security requirements. Sets forth contract requirements regarding security and subcontracting, including requiring the contractor to: (1) provide contracted services on a continuing basis to DHS in the event of an unplanned or disruptive event; (2) deliver timely notice of any internal computer incident that could violate or threaten computer security policies, acceptable use policies, or standard security practices at DHS to the U.S. Computer Emergency Readiness Team and the incident response team; and (3) develop and implement a plan for the award of subcontracts to small business and disadvantaged business concerns. Directs the Secretary to report to the House Homeland Security Committee and the Senate Homeland Security and Governmental Affairs Committee on: (1) progress in implementing requirements issued by the Office of Management and Budget (OMB) for encryption, authentication, Internet Protocol version 6, and Trusted Internet Connections; (2) a plan to investigate breaches against DHS's information infrastructure for purposes of counterintelligence assessment, attribution, and response; (3) a proposal to increase threat information sharing with contractors and provide specialized damage assessment training to private sector information security professionals; and (4) a process to coordinate DHS's information infrastructure protection activities. (Sec. 7) Provides that nothing in this Act shall affect the application of the Federal Information Management Security Act of 2002 to DHS.
{"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance the information security of the Department of Homeland Security, and for other purposes."}
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SECTION 1. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. (a) In General.--Chapter 903 of title 10, United States Code, is amended by inserting after section 9359 the following new section: ``Sec. 9359a. Air Force Academy Athletic Association: authorization, purpose, and governance ``(a) Establishment Authorized.--The Secretary of the Air Force may establish a nonprofit corporation, to be known as the `Air Force Academy Athletic Association', to support the athletic program of the Air Force Academy. ``(b) Organization and Duties.--(1) The Air Force Academy Athletic Association (in this section referred to as the `Association') shall be organized and operated as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986 and under the powers and authorities set forth in this section and the provisions of the laws of the State of incorporation. The Association shall operate on a nonpartisan basis exclusively for charitable, educational, and civic purposes consistent with the authorities referred to in this subsection to support the athletic program of the Academy. ``(2) Subject to the approval of the Secretary of the Air Force, the Association may-- ``(A) operate and manage athletic and revenue generating facilities on Academy property; ``(B) use Government facilities, utilities, and services on the Academy, without charge, in support of its mission; ``(C) sell products to the general public on or off Government property; ``(D) charge market-based fees for admission to Association events and other athletic or athletic-related events at the Academy and for use of Academy athletic facilities and property; and ``(E) engage in other activities, consistent with the Academy athletic mission as determined by the Board of Directors. ``(c) Board of Directors.--(1) The Association shall be governed by a Board of Directors made up of at least nine members. The members, other than the member referred to in paragraph (2), shall serve without compensation, except for reasonable travel and other related expenses for attendance at required meetings. ``(2) The Director of Athletics at the Academy shall be a standing member of the Board as part of the Director's duties as the Director of Athletics. ``(3) Subject to the prior approval of all nominees for appointment by the Secretary of the Air Force, the Superintendent shall appoint the remaining members of the Board. ``(4) The Secretary of the Air Force shall select one of the members of the Board appointed under paragraph (3) to serve as chairperson of the Board. ``(d) Bylaws.--Not later than July 1, 2010, the Association shall propose its by-laws. The Association shall submit the by-laws, and all future changes to the by-laws, to the Secretary of the Air Force for review and approval. The by-laws shall be made available to Congress for review. ``(e) Transition From Nonappropriated Fund Operation.--(1) Until September 30, 2011, the Secretary of the Air Force may provide for parallel operations of the Association and the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic program of the Academy. Not later than that date, the Secretary shall dissolve the nonappropriated fund instrumentality and transfer its assets and liabilities to the Association. ``(2) The Secretary may transfer title and ownership to all the assets and liabilities of the nonappropriated fund instrumentality referred to in paragraph (1), including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property without cost or obligation to the Association. ``(f) Contracting Authorities.--(1) The Superintendent may procure goods, services, human resources, and other support, on a noncompetitive basis and at fair and reasonable prices, from the Association in support of this section. Any such procurement shall be exempt from Federal procurement and Federal procurement-preference laws, rules, regulations, processes and procedures. ``(2) The Superintendent may accept from the Association funds, goods, and services for use by cadets and Academy personnel during participation in, or in support of, Academy or Association contests, events, and programs. ``(g) Use of Air Force Personnel.--Air Force personnel may participate in-- ``(1) the management, operation, and oversight of the Association; ``(2) events and athletic contests sponsored by the Association; and ``(3) management and sport committees for the National Collegiate Athletic Association and other athletic conferences and associations. ``(h) Funding Authority.--The authorization of appropriations for the operation and maintenance of the Academy includes Association operations in support of the Academy athletic program, as approved by the Secretary of the Air Force. ``(i) Federal Tort Claims Act.--The Association is deemed to be a Federal entity for purposes of chapter 171 of title 28, relating to tort claims. Members of the Board of Directors, Association employees, and Air Force personnel participating in the management, operation, and oversight of the Association are entitled to the protections of such chapter and are entitled to qualified immunity from liability for actions taken in the scope of their participation as members of the Board of Directors or participation or employment as members of the Air Force and Association.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9359 the following new item: ``9359a. Air Force Academy Athletic Association: authorization, purpose, and governance.''.
Authorizes the Secretary of the Air Force to establish (as a nonprofit corporation) the Air Force Academy Athletic Association, to support the athletic program of the Air Force Academy.
{"src": "billsum_train", "title": "To amend title 10, United States Code, to authorize the establishment of a nonprofit corporation to support the athletic program of the Air Force Academy."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Recreational Land Exchange Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the land located in Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps as-- (A) ``BLM Subsurface only Proposed for Transfer to State Trust Lands''; (B) ``BLM Surface only Proposed for Transfer to State Trust Lands''; and (C) ``BLM Lands Proposed for Transfer to State Trust Lands''. (2) Grand county map.--The term ``Grand County Map'' means the map prepared by the Bureau of Land Management entitled ``Utah Recreational Land Exchange Act Grand County'', dated November 13, 2008, and relating to the exchange of Federal land and non-Federal land in Grand and San Juan Counties, Utah. (3) Maps.--The term ``maps'' means the Grand County Map and the Uintah County Map. (4) Non-federal land.--The term ``non-Federal land'' means the land in Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps as-- (A) ``State Trust Land Proposed for Transfer to BLM''; and (B) ``State Trust Minerals Proposed for Transfer to BLM''. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Utah, as trustee under the Utah State School and Institutional Trust Lands Management Act (Utah Code Ann. 53C-1-101 et seq.). (7) Uintah county map.--The term ``Uintah County Map'' means the map prepared by the Bureau of Land Management entitled ``Utah Recreational Land Exchange Act Uintah County'', dated November 13, 2008, and relating to the exchange of Federal land and non-Federal land in Uintah County, Utah. SEC. 3. EXCHANGE OF LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest of the State in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Conditions.--The exchange authorized under subsection (a) shall be subject to-- (1) valid existing rights; (2) except as otherwise provided by this section-- (A) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and (B) any other applicable laws; and (3) any additional terms and conditions that the Secretary and the State mutually determine to be appropriate. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land shall be determined by appraisals conducted by 1 or more independent appraisers selected jointly by the Secretary and the State. (2) Applicable law.--The appraisals conducted under paragraph (1) shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (4) Adjustment.-- (A) In general.--If value is attributed to any parcel of Federal land because of the presence of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the value of the parcel (as otherwise established under this subsection) shall be reduced by the percentage of the Federal revenue sharing with a State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (B) Limitation.--An adjustment under subparagraph (A) shall not be considered as a property right of the State. (5) Availability of appraisals.-- (A) In general.--All final appraisals, appraisal reviews, and determinations of value for land to be exchanged under this section shall be available for public review at the Utah State Office of the Bureau of Land Management at least 30 days before the conveyance of the applicable parcels. (B) Publication.--The Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals are available for public inspection. (e) Conveyance of Parcels in Phases.-- (1) In general.--Notwithstanding that appraisals for all of the parcels of Federal land and non-Federal land may not have been approved under subsection (d)(3), parcels of the Federal land and non-Federal land may be exchanged under subsection (a) in 3 phases beginning on the date on which the appraised values of the parcels included in the applicable phase are approved under this subsection. (2) Phases.--The 3 phases referred to in paragraph (1) are-- (A) phase 1, consisting of the non-Federal land identified as ``phase one'' land on the Grand County Map; (B) phase 2, consisting of the non-Federal land identified as ``phase two'' land on the Grand County Map and the Uintah County Map; and (C) phase 3, consisting of any remaining non- Federal land that is not identified as ``phase one'' land or ``phase two'' land on the Grand County Map or the Uintah County Map. (3) No agreement on exchange.--If agreement has not been reached with respect to the exchange of an individual parcel of Federal land or non-Federal land, the Secretary and the State may agree to set aside the individual parcel to allow the exchange of the other parcels of Federal land and non-Federal land to proceed. (4) Timing.--It is the intent of Congress that at least the first phase of the exchange of land authorized by subsection (a) be completed not later than 360 days after the date on which the State makes the Secretary an offer to convey the non- Federal land under that subsection. (f) Reservation of Interest in Oil Shale.-- (1) In general.--With respect to Federal land that contains oil shale resources, the Secretary shall reserve an interest in the portion of the mineral estate that contains the oil shale resources. (2) Extent of interest.--The interest reserved by the United States under paragraph (1) shall consist of-- (A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop oil shale resources; (B) the amount that would have been received by the Federal Government under the applicable royalty rate if the oil shale resources had been retained in Federal ownership; and (C) 50 percent of any other payment received by the State pursuant to any lease or authorization to develop the oil shale resources. (3) Payment.--Any amounts due under paragraph (2) shall be paid by the State to the United States not less than quarterly. (4) No obligation to lease.--The State shall not be obligated to lease or otherwise develop oil shale resources in which the United States retains an interest under this subsection. (5) Valuation.--Federal land in which the Secretary reserves an interest under this subsection shall be appraised-- (A) without regard to the presence of oil shale; and (B) in accordance with subsection (d). (g) Withdrawal of Federal Land Prior to Exchange.--Subject to valid existing rights, during the period beginning on the date of enactment of this Act and ending on the earlier of the date that the Federal land is removed from the exchange or the date on which the Federal land is conveyed under this Act, the Federal land is withdrawn from-- (1) disposition (other than disposition under section 4) under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of-- (A) the mineral leasing laws; (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and (C) the first section of the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601). (h) Appurtenant Water Rights.--Any conveyance of a parcel of Federal land or non-Federal land under this Act shall include the conveyance of water rights appurtenant to the parcel conveyed. (i) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this Act-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (3) Notice and public inspection.-- (A) In general.--If the Secretary and the State determine to add or remove land from the exchange, the Secretary or the State shall-- (i) publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that identifies when and where a revised exchange map will be available for public inspection; and (ii) transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the revised exchange map. (B) Limitation.--The Secretary and the State shall not add or remove land from the exchange until at least 30 days after the date on which the notice is published under subparagraph (A)(i) and the map is transmitted under subparagraph (A)(ii). SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE. (a) Administration of Non-Federal Land.-- (1) In general.--Subject to paragraph (2) and in accordance with section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), the non-Federal land acquired by the United States under this Act shall become part of, and be managed as part of, the Federal administrative unit or area in which the land is located. (2) Mineral leasing and occupancy.-- (A) In general.--Subject to valid existing rights, the non-Federal land acquired by the United States under this Act shall be withdrawn from the operation of the mineral leasing laws until the later of-- (i) the date that is 2 years after the date of enactment of this Act; or (ii) the date on which the Record of Decision authorizing the implementation of the applicable resource management plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is signed. (B) Exception.--Any land identified on the maps as ``Withdrawal Parcels'' is withdrawn from the operation of the mineral leasing and mineral material disposal laws. (3) Receipts.-- (A) In general.--Any mineral receipts derived from the non-Federal land acquired under this Act shall be paid into the general fund of the Treasury. (B) Applicable law.--Mineral receipts from the non- Federal land acquired under this Act shall not be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191). (b) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (2) Renewal.--To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract. (3) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes by the Secretary or the State. (B) Limitation.--Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary or the State shall not cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has been leased for mineral development. (4) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (c) Hazardous Materials.-- (1) In general.--The Secretary and, as a condition of the exchange, the State shall make available for review and inspection any record relating to hazardous materials on the land to be exchanged under this Act. (2) Costs.--The costs of remedial actions relating to hazardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law. (d) Easement.--The conveyance of Federal land in sec. 33, T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian, shall be subject to a 1,000 foot wide scenic easement and a 200 foot wide road right-of-way previously granted to the National Park Service for the Dinosaur National Monument, as described in Land Withdrawal No. U-0141143, pursuant to the Act of September 8, 1960 (74 Stat. 857,861). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Utah Recreational Land Exchange Act of 2009 - Directs the Secretary of the Interior to convey specified federal land in Grand, San Juan, and Uintah Counties, Utah, to the state of Utah in exchange for specified non-federal land in such counties. Requires the conveyance to be in three phases. Sets forth provisions regarding: (1) land valuation, appraisal, and equalization; and (2) land administration, including water rights, hazardous materials, oil shale resources, mineral leasing, and revenues. Requires the conveyance of certain federal land to be subject to a 1,000-foot wide scenic easement and a 200-foot wide road of right-of-way previously granted to the National Park Service (NPS) for the Dinosaur National Monument.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Canadian Trash Act''. SEC. 2. CUSTOMS USER FEES FOR COMMERCIAL TRUCKS TRANSPORTING FOREIGN MUNICIPAL SOLID WASTE. (a) In General.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (1) in subsection (a)(2), by inserting ``or $500 if such truck is transporting foreign municipal solid waste'' before the end period; (2) in subsection (b)(2), by striking ``No fee'' and inserting ``Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee''; and (3) in subsection (b)(7), by striking ``No fee'' and inserting ``Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee''. (b) Definitions.--Subsection (c) of such section is amended by adding at the end the following: ``(6) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the customs territory of the United States. ``(7) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means-- ``(i) all waste materials, collected or handled by any means, discarded for disposal by households, including single and multifamily residences, hotels, and motels; and ``(ii) all waste materials, collected or handled by any means, discarded for disposal that were generated by commercial, institutional, municipal, or industrial sources, including-- ``(I) rubbish; ``(II) food; ``(III) yard waste; ``(IV) paper; ``(V) clothing; ``(VI) appliances; ``(VII) consumer product packaging; ``(VIII) disposable diapers; ``(IX) office supplies; ``(X) cosmetics; ``(XI) glass and metal food containers; ``(XII) household hazardous waste; ``(XIII) debris resulting from construction; and ``(XIV) remodeling, repair, or demolition of structures. ``(B) Exception.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921), except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from a response to a release or threatened release of a hazardous substance which, had such response occurred within the United States, would constitute-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 and 9606); or ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Any waste being used solely as feedstock for the purpose of alternative energy production. ``(v) Any medical waste that is segregated from or not mixed with solid waste. ``(vi) Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.''. SEC. 3. INFORMATION TO BE PROVIDED TO CUSTOMS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations requiring each importer of foreign municipal solid waste (as defined section 13031(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, with respect to each truck carrying foreign municipal solid waste that enters the customs territory of the United States, the following information: (1) The cubic feet of the foreign municipal solid waste in the truck. (2) The specific type and content of such waste. (3) Any other information the Secretary of Homeland Security deems appropriate. (b) Penalties.--Any person who fails to provide, or falsifies, the information required by this section, or any regulation issued under this section, shall, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, under title 42, United States Code, or under any other provision of law, be assessed a civil penalty by the Secretary of Homeland Security of not more than $10,000 for each such failure or falsification.
Stop Canadian Trash Act - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require the Secretary of the Treasury to charge and collect a $500 fee for the provision of customs services for the arrival of a truck that is transporting foreign municipal solid waste. Defines "municipal solid waste" to mean waste materials discarded for disposal by households or that were generated by commercial, institutional, municipal, or industrial sources, excluding certain hazardous waste, separated recyclable materials, waste being used solely as feedstock for alternative energy production, segregated medical waste, and solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation. Directs the Secretary of Homeland Security (DHS) to require each importer of foreign municipal solid waste to provide, with respect to each truck carrying such waste into U.S. customs territory, the cubic feet, specific type, and content of such waste. Establishes a civil penalty for each failure to provide or falsification of information required by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Houma Nation Recognition and Land Claims Settlement Act of 1996''. SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress declares and finds the following: (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims through settlements mutually agreed to by Indian and non-Indian parties. (2) The United Houma Nation have used, occupied, and possessed vast tracts of lands within the State of Louisiana and adjacent States, and by this use, occupancy, and possession have laid claim to these lands. (3) The significant historical events which have led to the present state of affairs include (but are not limited to) the following: (A) The United Houma Nation have an unbroken tribal existence from time immemorial and before recorded history. (B) The United Houma Nation enters recorded history in 1682, when the explorer Robert Cavalier, Sieur de La Salle encountered this tribe at the intersection of the Mississippi and Red Rivers. (C) By 1706, the United Houma Nation reacted to the rivalry between the French and English by migrating south, in order to be closer to their French allies. (D) During the early 1700's, the United Houma Nation fought with other Indian tribes, and the French, over lands. (E) The United States assumed sovereignty over these lands with the purchase of the Louisiana Territory in 1803 and promised all Indian tribes inhabiting the newly acquired territory that their land ownership and possession would be protected and honored as such ownership was protected and honored by the former sovereigns of Spain and France. (F) In order to protect themselves from threats presented by non-Indian peoples, portions of the United Houma Nation sought refuge and safety in the then remote wetlands and bayous of southern Louisiana where they continued their social life and existence as a tribal entity. (G) Members of the United Houma Nation have always been accorded the status of Indians as evidenced by-- (i) receiving educational support from the Federal Government; and (ii) recognition of the United Houma Nation as an Indian tribe by the State of Louisiana. (H) The United Houma Nation reorganized their government under a corporate form in the 1970's, which culminated in the creation of a corporate entity known as the ``United Houma Nation'' in 1979. (4) The assertion of the land claims of the United Houma Nation through litigation will lead to substantial economic and social hardship for a large number of landowners, citizens, and communities in the State of Louisiana, including the United Houma Nation itself. Congress recognizes that if these claims are not resolved-- (A) litigation against thousands of landowners would be likely; (B) any final resolution of these disputes through a process of litigation would-- (i) take many years and entail great expenses to all parties; (ii) continue economically and socially damaging controversies; (iii) prolong uncertainty as to the ownership of property; and (iv) seriously impair long-term economic planning and development for all parties. (5) The settlement of these land claims and the avoidance of costly, protracted, and uncertain litigation-- (A) will advance the goals of the Federal policy of Indian self-determination; and (B) in recognition of the obligation of the United States as a guardian and trustee, will be in furtherance of the Federal policy of settling historical Indian claims through legislation rather than confrontation. (b) Purposes.--The purposes of this Act are-- (1) to recognize the United Houma Nation, the historical descendant of the group known in history as the Houma Tribe, as a federally recognized tribe on a sovereign-to-sovereign basis, with all rights, benefits, and responsibilities thereto; (2) to authorize and direct the Secretary of the Interior to implement the terms and provisions of this Act; (3) to remove the cloud on titles in the State of Louisiana resulting from any land claims which have been asserted, are being asserted, or may be asserted, by the United Houma Nation; and (4) to confirm and recognize the trust relationship between the United Houma Nation and the United States. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) The term ``Tribe'' means the United Houma Nation, as described in the ``Constitution of the United Houma Nation, Inc.'', and the ``United Houma Nation By-Laws'', dated 1979 and 1983, respectively, and the successor in interest to the former ``Houma Tribe, Inc.'', the former ``The Houma Alliance, Inc.'', and the historic Houma Tribe. (2) The term ``claim'' means any claim which was asserted, is being asserted presently, or could be asserted, by the Tribe, or by individuals as a tribal claim, or any other claim, of any species or origin whatsoever, of a right, title, or interest in or to real property (and improvements thereon), to trespass or damages to real property (and improvements thereon), to mesne profits, or of seasonal subsistence hunting, fishing, or other rights to natural resources, if such claim is based or premised upon-- (A) original aboriginal title; or (B) aboriginal title based upon-- (i) use, occupancy, or possession for a number of years, or (ii) title confirmed or guaranteed by Articles III and VI of the Treaty of Purchase between the United States of America and France, dated April 30, 1803. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``State'' means the State of Louisiana. SEC. 4. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. All laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Benefits and Services.-- (1) In general.--The Tribe and its members shall be eligible for all Federal benefits and services furnished to federally recognized Indian tribes and their members because of their status as Indians. (2) Service area.--In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. For the purposes of this paragraph, the term ``service area'' means the area comprised by the civil parishes of Terrebonne, Lafourche, Jefferson, St. Mary, Plaquemines, Orleans, and St. Bernard, in the State of Louisiana. (c) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (d) Effect on Property Rights and Other Obligations.--Except as otherwise specifically provided in this Act, this Act shall not affect any property right or obligation, or any contractual right or obligation in existence before the date of the enactment of this Act, or for any obligation for taxes assessed before that date. SEC. 5. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL TITLE, RIGHTS AND CLAIMS. (a) Ratification of Transfers.--Any transfer before the date of enactment of this Act of real property (and improvements thereon) or natural resources located anywhere within the United States-- (1) from, by, or on behalf of the Tribe, any one or more of its members, or anyone purporting to be a member, including (but not limited to) any transfer pursuant to any treaty, compact, or statute of any State, and (2) from, by, or on behalf of the United States to the State of Louisiana, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, and Congress hereby approves and ratifies any such transfer effective as of the date of such transfer. (b) Aboriginal Title.--Aboriginal title to real property or natural resources described in subsection (a) of the Tribe, any of its members, or anyone purporting to be a member, or any other Indian, Indian Nation, or Tribe or band of Indians is hereby extinguished as of the date of such transfer or conveyance. (c) Extinguishment of Claims.--By virtue of the approval and ratification of any transfer or conveyance of real property (and improvements thereon) or natural resources effected by this section, and the extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Tribe, any of its members, or anyone purporting to be a member, or any Indian Nation, or tribe or band of Indians, arising at the time of or subsequent to the transfer or conveyance, and based on any interest in or right involving such real property or natural resources shall be extinguished as of the date of the transfer. (d) Extinguishment of Title.-- (1) In general.--All claims and all right, title and interest that-- (A) the Tribe or any person or group of persons purporting to be the Houma Indians, or (B) any person or group of persons purporting to be any other Indian, Indian Nation, Tribe, or band of Indians who are descendants from any of the progenitors analyzed in Section VIII of the Benealogical Report (including Appendices A and B thereto)--Proposed Finding--United Houma Nation, December 13, 1994, United States Department of the Interior, Bureau of Indian Affairs, Branch of Acknowledgment and Research, may have to aboriginal title, recognized title, or title by grant, patent, or treaty, to the lands or interests in real property (and improvements thereon) located anywhere in the United States, are hereby extinguished. (2) Exception.--Paragraph (1) shall not apply to any right, title, or interest in or to property in the possession of any such person or group on the date of enactment of this Act. (e) Bar to Future Claims.--The United States is hereby barred from asserting by or on behalf of the Tribe any claim arising before the date of enactment of this Act, from the transfer or conveyance of any real property (and improvements thereon) or natural resources by deed, act of sale, or other grant, or by treaty, compact, or act of law, on the grounds that such transfer or conveyance was not made in accordance with the laws of the State of Louisiana or laws of the United States. (f) Personal Claims Not Affected.--Nothing in this section shall be deemed to affect, diminish, or eliminate the personal claim of any individual member of the Tribe, or Indian, which is pursued under any law of general applicability (other than Federal common law fraud) that protects non-Indians as well as Indians. SEC. 6. BASE MEMBERSHIP ROLL. (a) In General.--Within one year after the date of enactment of this section, the Tribe shall submit to the Secretary its base membership roll. The base membership roll shall be developed and based upon the criteria set out in Article III, Section 1 of the ``Constitution of the United Houma Nation, Inc.'' (b) Future Membership.--The Tribe shall have the right to determine future membership in the Tribe; however, in no event may an individual be enrolled as a member of the Tribe unless the individual is a lineal descendant of a person on the base membership roll, and has continued to maintain political relations with the tribe. (c) Member.--For the purposes of this section, the term ``member'' means an enrolled member of the Tribe, as of the date of the enactment of this Act, or an individual who has been placed on the membership rolls of the Tribe in accordance with this section. SEC. 7. TRIBAL CONSTITUTION AND GOVERNANCE. (a) Indian Reorganization Act.--If the Tribe so elects, it may organize a tribal government under the Act of June 18, 1934 (25 U.S.C. 461 et seq.), commonly referred to as the ``Indian Reorganization Act''. Pursuant to any such election, the Tribe shall adopt any new constitution or other organic law in accordance with such Act. (b) Scope of Constitution.--Whether or not the tribe elects under subsection (a) to organize under such Act, the Tribe may exercise such authority as is consistent with this Act and its constitution.
United Houma Nation Recognition and Land Claims Settlement Act of 1996 - Grants Federal recognition to the United Houma Nation and establishes a trust relationship with the Tribe. Ratifies prior transfers of real property (and improvements thereon) or natural resources located anywhere within the United States from, by, or on behalf of the Tribe. Extinguishes aboriginal title, rights, interest, and claims by the Tribe and other Indians. Bars the United States from asserting any future claim arising by or on behalf of the Tribe from the transfer or conveyance of any real property (and improvements thereon) or natural resources before the enactment of this Act. Requires the Tribe to submit to the Secretary of the Interior its base membership roll. Allows the Tribe to elect to organize a tribal government under the Indian Reorganization Act and adopt any new constitution or other organic law in accordance with such Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Space Flight Independent Investigation Commission Act of 2003''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``incident'' means either an accident or a deliberate act; (2) the term ``NASA'' means the National Aeronautics and Space Administration; (3) the term ``NASA Administrator'' means the Administrator of NASA; and (4) the term ``NTSB'' means the National Transportation Safety Board. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to investigate any incident that results in the loss of-- (1) a Space Shuttle; (2) the International Space Station or its operational viability; (3) any other United States space vehicle carrying humans; (4) any space vehicle carrying United States citizens; or (5) a crew member or passenger of any space vehicle described in this subsection. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 7 days after an incident specified in subsection (a). SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--A Commission established pursuant to this Act shall consist of 15 members. (b) Selection.--The members of a Commission established pursuant to this Act shall be chosen in the following manner: (1) The Chairman of the NTSB shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Four of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 4 lists for membership on the Commission. (4) With the exception of the Chairman of the NTSB, no officer or employee of the Federal Government shall serve as a member of the Commission. (5) No member of the Commission shall have, or have pending, a contractual relationship with NASA. The President shall not appoint any individual as a member of a Commission under this section who has a current or former relationship with the NASA Administrator that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to the human carrying spacecraft being investigated, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 30 days after the incident. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. A Commission established pursuant to this Act shall, to the extent possible, undertake the following tasks: (1) Investigate the incident. (2) Determine the cause of the incident. (3) Identify all contributing factors to the cause of the incident. (4) Make recommendations for corrective actions. (5) Provide any additional findings or recommendations deemed by the Commission to be important, whether or not they are related to the specific incident under investigation. (6) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--A Commission established pursuant to this Act or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--A Commission established pursuant to this Act may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--A Commission established pursuant to this Act is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to a Commission established pursuant to this Act on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Postal Services.--A Commission established pursuant to this Act may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--A Commission established pursuant to this Act shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of a Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by a Commission established pursuant to this Act, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, 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 such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of NASA shall not be appointed to the staff of a Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of a Commission established pursuant to this Act who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of a Commission established pursuant to this Act. (b) Detailees.--Any Federal Government employee, except for an employee of NASA, may be detailed to a Commission established pursuant to this Act without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--A Commission established pursuant to this Act is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection shall disclose any contract or association it has with NASA or any NASA contractor. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of a Commission established pursuant to this Act may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with a Commission established pursuant to this Act in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--A Commission established pursuant to this Act may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--A Commission established pursuant to this Act shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--A Commission established pursuant to this Act, and all the authorities of this Act with respect to that Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--A Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. ROLE OF NTSB. The NTSB shall assume responsibility for the investigation of any incident described in section 3(a) immediately upon the occurrence of that incident. The NTSB shall transfer responsibility for the investigation to a Commission established pursuant to this Act as soon as the Commission holds its initial meeting under section 4(d). SEC. 13. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission for which they are appropriated.
Human Space Flight Independent Investigation Commission Act of 2003 - Directs the President to establish an independent, nonpartisan commission within the executive branch to investigate and report to the President, Congress, and the public on any accident or deliberate act that results in the loss of: (1) a space shuttle; (2) the International Space Station or its operational viability; (3) any other U.S. space vehicle carrying humans; (4) any space vehicle carrying U.S. citizens; or (5) a crew member or passenger of any such space vehicle. Requires the President to issue an executive order establishing such a commission within seven days after such an incident. Requires the National Transportation Safety Board to: (1) assume responsibility for investigation of such an incident immediately after its occurrence; and (2) transfer investigative responsibility to such a commission as soon as the commission holds its first meeting.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Taxpayer Abuse and Harassment Prevention Act of 2007''. (b) Findings.--The Congress finds the following: (1) The integrity of the Federal tax system is integral to the efficient and ongoing functioning of representative democracy. (2) A pillar of exemplary citizenship is compliance with the Federal tax code as it pertains to individual income taxes. (3) Individual taxpayers voluntarily disclose sensitive personal information to the Federal Government with the expectation that such information will be utilized and retained only by qualified, trained, and accountable personnel of the Internal Revenue Service (IRS). (4) Although the IRS has stated that there will be tight restrictions on what information will be released to private collection agencies, the statute places no restrictions on what information may be released to private collection agencies. (5) More than 26 million Americans have, since 1990, been victims of some form of ``identity theft'' through misappropriation and misuse of their personal information. (6) Disclosure of taxpayer information to nongovernmental, third party vendors will increase the risk of wrongful disclosure of taxpayer information that results in higher incidences of ``identity theft''. (7) The IRS has already demonstrated its inability to protect taxpayer data from unauthorized disclosure under existing vendor contracts as documented in an internal report by the Department of Treasury Inspector General for Tax Administration. (8) The IRS Restructuring and Reform Act of 1998 specifically prevents employees or supervisors at the IRS from being evaluated or compensated based on how much they collect in order to prevent incentives for overly aggressive and abusive tactics. (9) The compensation scheme for private tax collection agencies is a recovery fee of up to 25 percent of funds collected that will lead to overzealous and abusive collection tactics against taxpayers. (10) The Congress has previously rejected the use of private tax collection agencies by canceling a pilot program in 1996 due to violations by private collection agencies of the Fair Debt Collection Practices Act, inadequate protection of sensitive taxpayer information, and a loss of approximately $17 million during the pilot program. (11) A 2002 report by the IRS Commissioner to the IRS Oversight Board identified an additional $30 billion in taxes owed that could be collected annually by increased funding for IRS personnel. A $9 billion annual increase in revenue could be achieved by earmarking approximately $300 million to specific IRS collection functions, for a return of $30 for every $1 spent. (12) Due to the vagaries of the budget scoring process, additional funds collected by IRS personnel do not ``score'' as increased revenues. (13) The use of private collection agencies was deemed a ``new tool'' to the IRS Commissioner that resulted in increased revenue being ``scored'' to the Federal Government when such activity would actually result in increased cost to taxpayers. (14) Members of the House of Representatives were not afforded the opportunity to specifically vote on this significant policy change during consideration of H.R. 4520, the American Jobs Creation Act of 2004, in the 108th Congress. SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION CONTRACTS. (a) In General.--Subchapter A of chapter 64 of the Internal Revenue Code of 1986 (relating to collection) is amended by striking section 6306. (b) Conforming Amendments.-- (1) Subchapter B of chapter 64 of such Code is amended by striking section 7433A. (2) Section 7809(a) of such Code is amended by striking ``6306,''. (3) Section 7811 of such Code is amended by striking subsection (g). (4) Section 1203 of the Internal Revenue Service Restructuring Act of 1998 is amended by striking subsection (e). (5) The table of sections of subchapter A of chapter 64 of such Code is amended by striking the item relating to section 6306. (6) The table of sections of subchapter B of chapter 64 of such Code is amended by striking the item relating to section 7433A. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Termination of Reporting Requirement.--The reporting requirement of section 881(e) of the American Jobs Creation Act of 2004 shall not apply after the date of the enactment of this Act.
Taxpayer Abuse and Harassment Prevention Act of 2007 - Amends the Internal Revenue Code to repeal the authority of the Secretary of the Treasury to enter into contracts with private collection agencies to collect unpaid taxes.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts."}
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SECTION 1. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION TAX CREDIT. (a) Extension of Credit.--Each of the following provisions of section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``January 1, 2009'' and inserting ``January 1, 2019'': (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (5). (6) Paragraph (6). (7) Paragraph (7). (8) Paragraph (8). (9) Subparagraphs (A) and (B) of paragraph (9). (b) Production Credit for Electricity Produced From Marine Renewables.-- (1) In general.--Paragraph (1) of section 45(c) of such Code (relating to resources) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.''. (2) Marine renewables.--Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(10) Marine and hydrokinetic renewable energy.-- ``(A) In general.--The term `marine and hydrokinetic renewable energy' means energy derived from-- ``(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ``(ii) free flowing water in rivers, lakes, and streams, ``(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, or ``(iv) differentials in ocean temperature (ocean thermal energy conversion). ``(B) Exceptions.--Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.''. (3) Definition of facility.--Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(11) Marine and hydrokinetic renewable energy facilities.--In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term `qualified facility' means any facility owned by the taxpayer-- ``(A) which has a nameplate capacity rating of at least 150 kilowatts, and ``(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2010.''. (4) Credit rate.--Subparagraph (A) of section 45(b)(4) of such Code is amended by striking ``or (9)'' and inserting ``(9), or (11)''. (5) Coordination with small irrigation power.--Paragraph (5) of section 45(d) of such Code, as amended by subsection (a), is amended by striking ``January 1, 2019'' and inserting ``the date of the enactment of paragraph (11)''. (c) Sales of Electricity to Regulated Public Utilities Treated as Sales to Unrelated Persons.--Section 45(e)(4) of such Code (relating to related persons) is amended by adding at the end the following new sentence: ``A taxpayer shall be treated as selling electricity to an unrelated person if such electricity is sold to a regulated public utility (as defined in section 7701(a)(33).''. (d) Trash Facility Clarification.--Paragraph (7) of section 45(d) of such Code is amended-- (1) by striking ``facility which burns'' and inserting ``facility (other than a facility described in paragraph (6)) which uses'', and (2) by striking ``combustion''. (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to property originally placed in service after December 31, 2008. (2) Modifications.--The amendments made by subsections (b) and (c) shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. (3) Trash facility clarification.--The amendments made by subsection (d) shall apply to electricity produced and sold before, on, or after December 31, 2007. SEC. 2. EXTENSION AND MODIFICATION OF SOLAR ENERGY AND FUEL CELL INVESTMENT TAX CREDIT. (a) Extension of Credit.-- (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ``January 1, 2009'' and inserting ``January 1, 2019''. (2) Fuel cell property.--Subparagraph (E) of section 48(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (3) Qualified microturbine property.--Subparagraph (E) of section 48(c)(2) of such Code (relating to qualified microturbine property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Allowance of Energy Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48.''. (c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell Property.-- (1) In general.--Section 48(c)(1) of such Code (relating to qualified fuel cell), as amended by subsection (a)(2), is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (2) Conforming amendment.--Section 48(a)(1) of such Code is amended by striking ``paragraphs (1)(B) and (2)(B) of subsection (c)'' and inserting ``subsection (c)(2)(B)''. (d) Public Electric Utility Property Taken Into Account.-- (1) In general.--Paragraph (3) of section 48(a) of such Code is amended by striking the second sentence thereof. (2) Conforming amendments.-- (A) Paragraph (1) of section 48(c) of such Code, as amended by this section, is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (B) Paragraph (2) of section 48(c) of such Code, as amended by subsection (a)(3), is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Allowance against alternative minimum tax.--The amendments made by subsection (b) shall apply to credits determined under section 46 of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act and to carrybacks of such credits. (3) Fuel cell property and public electric utility property.--The amendments made by subsections (c) and (d) shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. EXTENSION AND MODIFICATION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) No Dollar Limitation for Credit for Solar Electric Property.-- (1) In general.--Section 25D(b)(1) of such Code (relating to maximum credit) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (2) Conforming amendments.--Section 25D(e)(4) of such Code is amended-- (A) by striking clause (i) in subparagraph (A), (B) by redesignating clauses (ii) and (iii) in subparagraph (A) as clauses (i) and (ii), respectively, and (C) by striking ``, (2),'' in subparagraph (C). (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) Rule for years in which all personal credits allowed against regular and alternative minimum tax.-- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(B) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (2) Conforming amendments.-- (A) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (B) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (C) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Application of egtrra sunset.--The amendments made by subparagraphs (A) and (B) of subsection (c)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.
Amends the Internal Revenue Code to: (1) extend through 2018 the tax credit for producing electricity from certain renewable resources, including wind, biomass, geothermal energy, landfill gas, refined coal, and hydropower; (2) include marine and hydrokinetic renewable energy as a renewable resource for purposes of such tax credit; (3) extend through 2018 the energy tax credit for solar, fuel cell, and microturbine property; (4) repeal the dollar per kilowatt limitation for fuel cell property for purposes of the energy tax credit; (5) extend the energy tax credit to public electric utilities; and (6) expand and extend through 2018 the tax credit for residential energy efficient property.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify and extend certain energy-related tax credits."}
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SECTION 1. ESTABLISHMENT OF NATIONAL MILITARY MUSEUM FOUNDATION. (a) In General.--(1) Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1519 the following new chapter: ``CHAPTER 1520--NATIONAL MILITARY MUSEUM FOUNDATION ``Sec. ``151951. Establishment. ``151952. Purposes. ``151953. Membership. ``151954. Governing body. ``151955. Organizational matters. ``151956. Officers and employees. ``151957. Powers. ``151958. Duty to maintain tax-exempt status. ``151959. Additional annual reports. ``Sec. 151951. Establishment ``There is established a nonprofit corporation to be known as the National Military Museum Foundation (in this chapter referred to as the `Foundation'). The Foundation is not an agency or instrumentality of the United States. ``Sec. 151952. Purposes ``The Foundation shall have the following purposes: ``(1) To encourage and facilitate the preservation of military artifacts having historical or technological significance. ``(2) To promote innovative solutions to the problems associated with the preservation of such artifacts. ``(3) To facilitate research on and educational activities relating to military history. ``(4) To promote voluntary partnerships between the Federal Government and the private sector for the preservation of such artifacts and of military history. ``(5) To facilitate the display of such artifacts for the education and benefit of the public. ``(6) To develop publications and other interpretive materials pertinent to the historical collections of the Armed Forces of the United States that will supplement similar publications and materials available from public, private, and corporate sources. ``(7) To provide financial support for educational, interpretive, and conservation programs of the Armed Forces relating to such artifacts. ``(8) To broaden public understanding of the role of the military in United States history. ``(9) To recognize and honor the individuals who have served in the Armed Forces. ``Sec. 151953. Membership ``Eligibility for membership in the Foundation and the rights, privileges, and designation of classes of members of the Foundation shall be as provided in the constitution and bylaws of the Foundation. ``Sec. 151954. Governing body ``(a) Board of Directors.--(1) The Foundation shall have a Board of Directors (in this chapter referred to as the `Board') composed of nine individuals appointed by the Secretary of Defense from among individuals who are United States citizens. ``(2) Of the individuals appointed under paragraph (1)-- ``(A) at least one shall have an expertise in historic preservation; ``(B) at least one shall have an expertise in military history; ``(C) at least one shall have an expertise in the administration of museums; and ``(D) at least one shall have an expertise in military technology and materiel. ``(b) Chairperson.--(1) The Secretary shall designate one of the individuals first appointed to the Board under subsection (a) as the chairperson of the Board. The individual so designated shall serve as chairperson for a term of 2 years. ``(2) Upon the expiration of the term of chairperson of the individual designated as chairperson under paragraph (1), or of the term of a chairperson elected under this paragraph, the members of the Board shall elect a chairperson of the Board from among its members. ``(c) Term.--(1) Subject to paragraph (2), members appointed to the Board shall serve on the Board for a term of 4 years. ``(2) If a member of the Board misses three consecutive meetings of the Board, the Board may remove the member from the Board for that reason. ``(d) Vacancy.--Any vacancy in the Board shall not affect its powers but shall be filled, not later than 60 days after the vacancy, in the same manner in which the original appointment was made. ``(e) Quorum.--A majority of the members of the Board shall constitute a quorum. ``(f) Meetings.--The Board shall meet at the call of the chairperson of the Board. The Board shall meet at least once a year. ``Sec. 151955. Organizational matters ``The members of the Board first appointed under section 151954(a) of this title shall-- ``(1) adopt a constitution and bylaws for the Foundation; ``(2) serve as incorporators of the Foundation; and ``(3) take whatever other actions the Board determines appropriate in order to establish the Foundation as a nonprofit corporation. ``Sec. 151956. Officers and employees ``(a) Executive Director.--The Foundation shall have an executive director appointed by the Board and such other officers as the Board may appoint. The executive director and the other officers of the Foundation shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board. ``(b) Employees.--Subject to the approval of the Board, the Foundation may employ such individuals, and at such rates of compensation, as the executive director determines appropriate. ``(c) Volunteers.--Subject to the approval of the Board, the Foundation may accept the services of volunteers in the performance of the functions of the Foundation. ``(d) Service of Federal Employees.--A person who is a full-time or part-time employee of the Federal Government may not serve as a full- time or part-time employee of the Foundation and shall not be considered for any purpose an employee of the Foundation. ``Sec. 151957. Powers ``In order to carry out the purposes of this chapter, the Foundation may-- ``(1) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; ``(2) enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Foundation; and ``(3) enter into such other contracts, leases, cooperative agreements, and other transactions as the executive director of the Foundation considers appropriate to carry out the activities of the Foundation. ``Sec. 151958. Duty to maintain tax-exempt status ``The Foundation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 151959. Additional annual reports ``In addition to the annual report required by section 10101(b) of this title, the Foundation shall submit to the Secretary of Defense on an annual basis a report on the activities of the Foundation during the preceding fiscal year, including a full and complete statement of the receipts, expenditures, investment activities, and other financial activities of the Foundation during such fiscal year.''. (2) The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1519 the following new item: ``1520. National Military Museum Foundation................. 151951''. (b) Initial Support.--(1) There is authorized to be appropriated for the Department of Defense for fiscal year 2000, $250,000 for the purpose of making a grant to the National Military Museum Foundation established by chapter 1520 of title 36, United States Code (as added by subsection (a)), in order to assist the Foundation in defraying the costs of its activities. Such amount shall be available for such purpose until expended. (2) In each of fiscal years 2000 through 2002, the Secretary of Defense may provide, without reimbursement, personnel, facilities, and other administrative services of the Department to the Foundation.
Establishes as a nonprofit corporation the National Military Museum Foundation to: (1) preserve military artifacts having historical or technological significance; (2) facilitate research on military history; (3) promote partnerships between the Federal Government and the private sector for the preservation of such artifacts; (4) engage in related military history documentation and preservation activities; and (5) recognize and honor the individuals who have served in the armed forces. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Army Rangers Veterans of World War II Congressional Gold Medal Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Secretary'' means the Secretary of the Treasury; and (2) the term ``United States Army Rangers Veteran of World War II'' means any individual who-- (A) served in the Armed Forces-- (i) honorably; (ii) in an active duty status; and (iii) at any time during the period beginning on June 19, 1942, and ending on September 2, 1945; and (B) was assigned to a Ranger Battalion of the Army at any time during the period described in subparagraph (A)(iii). SEC. 3. FINDINGS. Congress finds the following: (1) In World War II, the Army formed 6 Ranger Battalions and 1 provisional battalion. All members of the Ranger Battalions were volunteers. The initial concept of Ranger units drew from the British method of using highly trained ``commando'' units and the military tradition of the United States of utilizing light infantry for scouting and raiding operations. (2) The Ranger Battalions of World War II consisted of-- (A) the 1st Ranger Infantry Battalion, which was activated on June 19, 1942, in Northern Ireland; (B) the 2d Ranger Infantry Battalion, which was activated on April 1, 1943, at Camp Forrest, Tennessee; (C) the 3d Ranger Infantry Battalion, which was-- (i) activated as provisional on May 21, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (D) the 4th Ranger Infantry Battalion, which was-- (i) activated as provisional on May 29, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (E) the 5th Ranger Infantry Battalion, which was activated on September 1, 1943, at Camp Forrest, Tennessee; (F) the 6th Ranger Infantry Battalion, which was-- (i) originally activated on January 20, 1941, at Fort Lewis, Washington, as the 98th Field Artillery Battalion; and (ii) converted and redesignated on September 26, 1944, as the 6th Ranger Infantry Battalion; and (G) the 29th Ranger Infantry Battalion, a provisional Army National Guard unit that was-- (i) activated on December 20, 1942, at Tidworth Barracks, England; and (ii) disbanded on October 18, 1943. (3) The first combat operations of Army Rangers occurred on August 19, 1942, when 50 Rangers took part in the British- Canadian raid on the French coastal town of Dieppe. (4) The 1st Ranger Battalion, under the leadership of Major William O. Darby, was used in full strength during the landings at Arsew, Algeria, during the North African campaign. Due to the success of the Rangers in several difficult battles, particularly at El Guettar in March and April of 1943, 2 additional Ranger Battalions were organized in North Africa. (5) During the North African campaign, the 1st Ranger Battalion was awarded battle honors for its actions in Tunisia. On March 18, 1943, the Battalion penetrated enemy lines and captured the position Djebel el Auk in a nighttime attack, taking more than 200 prisoners. Two days later, the battalion was attacked by the 10th Panzer division of the German Afrika Korps and, despite heavy losses, continued to defend its position. The following day, the 1st Battalion counterattacked to clear high ground overlooking the positions held by the Armed Forces. These actions demonstrated the ability of the Rangers to fight in difficult terrain and the courage to endure despite being outnumbered and exposed to heavy enemy fire. (6) The 29th provisional Ranger Battalion was formed from volunteers drawn from the 29th Infantry Division stationed in England in the fall of 1942. The Battalion was activated on December 20, 1942, and accompanied British commandos on 2 small-scale raids in Norway. Nineteen members of the 29th Ranger Battalion conducted a raid on a German radar site in France on the night of September 3, 1943. After that raid, the 29th Ranger Battalion was disbanded because new Ranger units, the 2d and 5th Battalions, were being formed. (7) During the summer and fall of 1943, the 1st, 3d, and 4th Ranger Battalions were heavily involved in the campaign in Sicily and the landings in Italy. The 1st and 4th Ranger Battalions conducted a night amphibious landing in Sicily and secured the landing beaches for the main force. The 3d Battalion landed separately at Licata, Sicily and was able to silence gun positions on an 82-foot cliff overlooking the invasion beaches. (8) During the invasion of Italy, the 1st and 4th Ranger Battalions landed at Maori with the mission of seizing the high ground and protecting the flank of the remainder of the main landing by the United States. Enemy forces in the area were estimated to outnumber the Rangers by approximately 8 to 1. Despite these odds, the Rangers took the position and held off 7 enemy counterattacks. (9) After the invasion of Italy, Rangers continued to be used, often in night attacks to seize key terrain ahead of the advancing Allied forces. At the Anzio beachhead, the majority of the 1st, 3d, and 4th Ranger Battalions sustained heavy casualties after being cut off behind German lines. The Rangers had planned to infiltrate German positions under the cover of darkness and make a dawn attack on a critical road junction but were pinned down by enemy tanks and an elite German paratrooper unit. After 12 hours of desperate fighting and a failed relief attempt, the majority of the Ranger force was killed, wounded, or captured. Only 6 Rangers from the 1st and 3d Battalions, out of more than 767 men, returned to friendly lines. The 4th Battalion, which had been in reserve, also suffered 60 killed and 120 wounded out of 550 men. These 3 battalions were inactivated and the survivors were transferred to other units. (10) In the United States, and later in Scotland, the 2d and 5th Ranger Battalions were formed to undertake operations in Western Europe. Those Battalions were engaged on D-Day, assaulting German positions at the Pointe du Hoc coastal battery, and remained in combat through September of 1944. Specifically, Rangers in the 2d Battalion, under the command of Lieutenant Colonel James E. Rudder-- (A) overcame underwater mines, machine gun fire, and enemy artillery while scaling the 100-foot high cliffs at Pointe du Hoc; (B) held against intense German efforts to retake the position; and (C) after reaching the top of the cliffs, moved inland roughly 1 mile and sustained heavy casualties while searching for, and ultimately destroying, a German heavy artillery battery. (11) During June, July, and August of 1944, the 2d and 5th Ranger Battalions were engaged in the campaign in Brest, which included close-range fighting in hedgerows and numerous villages. Later, in operations in Western Germany, the Battalions were frequently used to attack in darkness and gain vital positions to pave the way for the main Army attacks. (12) During the final drive into Germany in late February and early March 1945, the 5th Ranger Battalion was cited for battle honors for outstanding performance. Under the cover of darkness, the unit drove into German lines and seized high ground blocking the main German supply route in the sector. The Germans attacked the position of the Rangers from both sides, resulting in heavy Ranger casualties during 5 days of fighting. As a result of the actions of the Rangers, the main Army attack was able to overcome German defenses more easily, occupy the vital city of Trier, and reach the Rhine River. (13) The 6th Ranger Battalion operated in the Pacific. In the most notable exploit of the 6th Ranger Battalion, in January and February of 1945, the Battalion formed the nucleus of a rescue force that liberated more than 500 Allied prisoners, including prisoners from the United States, from the Cabanatuan prisoner of war camp in the Philippines. With the help of local Filipino guerillas, the Rangers, led by Lieutenant Colonel Henry A. Mucci, demonstrated extraordinary heroism by infiltrating Japanese-held territory to reach the prisoners of war and prevent them from being killed by the Japanese. After a 25-mile march at night through the jungle, the unit killed all Japanese sentries with no loss of life of the prisoners of war. The unit successfully returned to American lines having lost only 2 soldiers killed and having another 2 wounded. (14) The 1st Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Algeria-French Morocco (with arrowhead); (ii) Tunisia; (iii) Sicily (with arrowhead); (iv) Naples-Foggia (with arrowhead); (v) Anzio (with arrowhead); and (vi) Rome-Arno; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``EL GUETTAR''; and (ii) the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (15) The 2d Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``POINTE DU HOE''; and (ii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with ``POINTE DU HOE''. (16) The 3d Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (17) The 4th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (18) The 5th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``NORMANDY BEACHHEAD''; (ii) the Presidential Unit Citation (Army) and streamer embroidered with ``SAAR RIVER AREA''; and (iii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with ``NORMANDY''. (19) The 6th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) New Guinea; (ii) Leyte (with arrowhead); and (iii) Luzon; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``CABU, LUZON''; and (ii) the Philippine Presidential Unit Citation and streamer embroidered with ``17 OCTOBER 1944 TO 4 JULY 1945''. (20) The United States will be forever indebted to the United States Army Rangers Veterans of World War II, whose bravery and sacrifice in combat contributed greatly to the military success of the United States and the allies of the United States. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States Army Rangers Veterans of World War II, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award described in subsection (a), the Secretary shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institute.-- (1) In general.--Following the award of the gold medal in honor of the United States Army Rangers Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where the medal shall be-- (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with-- (A) the United States Army Rangers Veterans of World II; or (B) World War II. (d) Duplicate Medals.--Under regulations that the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this section, at a price sufficient to cover the cost of the medals, including the cost of labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDAL. (a) National Medal.--The gold medal struck under section 4 shall be a national medal for the purposes of chapter 51 of title 31, Unites States Code. (b) Numismatic Items.--For the purposes of section 5134 of title 31, United States Code, all medals struck under section 4 shall be considered to be numismatic items.
United States Army Rangers Veterans of World War II Congressional Gold Medal Act This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a single gold medal to the U.S. Army Ranger veterans of World War II in recognition of their dedicated wartime service. Following its award, the gold medal shall be given to the Smithsonian Institution where it shall be available for display and research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--The Secretary shall carry out a pilot program under which the Secretary shall provide commodities to eligible institutions to carry out projects to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) In general.--For each of fiscal years 2011 through 2015, the Secretary shall use such sums as are necessary, but not less than $10,000,000 of funds appropriated under section 3, to purchase commodities to carry out this subsection. ``(B) Availability of funds.--Funds made available under subparagraph (A) shall remain available-- ``(i) until expended; or ``(ii) if the Secretary determines that unspent funds cannot be fully used for approved pilot projects, until September 30, 2015. ``(C) Funding.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''.
Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to implement a five-year pilot program providing commodities to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, and emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection and Volunteers for Children Improvement Act of 2002''. SEC. 2. DEFINITIONS. Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c) is amended-- (1) in paragraph (10), by striking ``and'' at the end; and (2) by inserting after paragraph (10) the following: ``(10A) the term `qualified State program' means the policies and procedures referred to in section 3(a)(1) of a State that are in place in order to implement this Act, including policies and procedures that require-- ``(A) requests for national criminal history background checks to be routinely returned to a qualified entity not later than 20 business days after the date on which the request was made; ``(B) authorized agencies to charge not more than $18 for State background checks; ``(C) the designation of the authorized agencies that may receive national criminal history background check requests from qualified entities; and ``(D) the designation of the qualified entities that shall submit background check requests to an authorized agency; ``(10B) the term `routinely' means-- ``(A) instances where 85 percent or more of nationwide background check requests are returned to qualified entities within 20 business days; or ``(B) instances where 90 percent or more of nationwide background check requests are returned to qualified entities within 30 business days; and''. SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT AND THE VOLUNTEERS FOR CHILDREN ACT. Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``A State may'' and inserting the following: ``Request.--A State may''; (ii) by inserting after ``procedures'' the following: ``meeting the guidelines set forth in subsection (b)''; (iii) by inserting after ``regulation)'' the following: ``or a qualified State program''; and (iv) by striking ``convicted of'' and all that follows through the period and inserting ``convicted of, or is under pending arrest or indictment for, a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities.''; (B) in paragraph (2)-- (i) by striking ``The authorized agency'' and inserting the following: ``Response.--The authorized agency''; (ii) by striking ``make reasonable efforts to''; (iii) by striking ``15'' and inserting ``20''; and (iv) by adding at the end the following: ``The Attorney General shall respond to the inquiry of the State authorized agency within 15 business days of the request. A State is not in violation of this section if the Attorney General fails to respond to the inquiry within 15 business days of the request.''; and (C) by striking paragraph (3), and inserting the following: ``(3) Absence of qualified state program.-- ``(A) Request.--Not later than 12 months after the date of enactment of the National Child Protection and Volunteers for Children Improvement Act of 2002, a qualified entity doing business in a State that does not have a qualified State program may request a national criminal background check from the Attorney General for the purpose of determining whether a provider has been convicted of, or is under pending arrest or indictment for, a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities. ``(B) Review and response.--The Attorney General shall respond to the request of a qualified entity made under subparagraph (A) not later than 20 business days after the request is made.''; and (2) in subsection (b)-- (A) in paragraph (4), by striking ``shall make'' and inserting ``may make''; and (B) in paragraph (5)-- (i) by inserting after ``qualified entity'' the following: ``or by a State authorized agency that disseminates criminal history records information directly to qualified entities''; and (ii) by striking ``pursuant to subsection (a)(3)''. SEC. 4. DISSEMINATION OF INFORMATION. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended by adding at the end the following: ``SEC. 6. DISSEMINATION OF INFORMATION. ``Notwithstanding any other provision of law, the Attorney General and authorized agencies of States may disseminate criminal history background check record information to a qualified entity. ``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING. ``(a) In General.--The Attorney General shall establish an Office for Volunteer and Provider Screening (referred to in this Act as the `Office') which shall serve as a point of contact for qualified entities to request a national criminal background check pursuant to section 3(a)(3). ``(b) Model Guidelines.--The Office shall provide model guidelines concerning standards to guide qualified entities in making fitness determinations regarding care providers based upon the criminal history record information of those providers.''. SEC. 5. FEES. Section 3(e) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(e)) is amended-- (1) by striking ``In the case'' and inserting the following: ``(1) In general.--In the case''; and (2) by adding at the end the following: ``(2) Volunteer with qualified entity.--In the case of a national criminal fingerprint background check conducted pursuant to section 3(a)(3) on a person who volunteers with a qualified entity, the fee collected by the Federal Bureau of Investigation shall not exceed $5. ``(3) Provider.--In the case of a national criminal fingerprint background check on a provider who is employed by or applies for a position with a qualified entity, the fee collected by the Federal Bureau of Investigation shall not exceed $18.''. SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY. (a) Establishment of Model Program in each State to Strengthen Criminal Data Repositories and Fingerprint Technology.--The Attorney General shall establish a model program in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State funds to either-- (1) purchase Live-Scan fingerprint technology and a State- vehicle to make such technology mobile and these mobile units shall be used to travel within the State to assist in the processing of fingerprint background checks; or (2) purchase electric fingerprint imaging machines for use throughout the State to send fingerprint images to the Attorney General to conduct background checks. (b) Additional Funds.--In addition to funds provided in subsection (a), funds shall be provided to each State and the District of Columbia to hire personnel to provide information and training to each county law enforcement agency within the State regarding all requirements for input of criminal and disposition data into the national criminal history background check system under the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.). (c) Funding Eligibility.--States with a qualified State program shall be eligible for not more than $2,000,000 under this section. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section sums sufficient to improve fingerprint technology units and hire data entry improvement personnel in each of the 50 States and the District of Columbia for each of fiscal years 2004 through 2008. (2) Availability.--Sums appropriated in accordance with this section shall remain available until expended. SEC. 7. PRIVACY PROTECTIONS. (a) Information.--Information derived as a result of a national criminal fingerprint background check request under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be adjusted, deleted, or altered in any way except as required by law for national security purposes. (b) Designated Representative.-- (1) In general.--Each qualified entity (as defined in section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c)) shall assign a representative in their respective organization to receive and process information requested under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a). (2) Deletion of information.--Each representative assigned under paragraph (1) shall review the requested information and delete all information that is not needed by the requesting entity in making an employment decision. (c) Criminal Penalties.--Any person who knowingly releases information derived as a result of a national criminal fingerprint background check to any person other than the hiring authority or organizational leadership with the qualified entity shall be-- (1) fined $50,000 for each violation; or (2) imprisoned not more than 1 year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act-- (1) $100,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of fiscal years 2005 through 2008. (b) Availability of Funds.--Sums appropriated in accordance with this section shall remain available until expended. Passed the Senate October 17, 2002. Attest: JERI THOMSON, Secretary.
National Child Protection and Volunteers for Children Improvement Act of 2002 - (Sec. 3) Amends the National Child Protection Act of 1993 regarding national criminal background checks to: (1) authorize States to establish procedures to determine whether a provider is under either pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities; (2) direct the Attorney General to respond to such a State inquiry within 15 business days; and (3) permit a qualified entity to request a background check from the Attorney General if a State does not have a qualified program for making such requests.Exempts a State authorized agency from compliance with specified statutory procedures when it disseminates criminal history records information directly to qualified entities.(Sec. 4) Directs the Attorney General to establish an Office for Volunteer and Provider Screening to serve as a point of contact for qualified entities requesting a national criminal background check. Requires the Office to provide model standards to guide qualified entities in making fitness determinations based on criminal background information.(Sec. 5) Limits Federal Bureau of Investigation fees for a national criminal fingerprint background check to: (1) $5 for a check on a person who volunteers with a qualified entity; and (2) $18 for a check on a provider employed by or applying for a position with a qualified entity.(Sec. 6) Instructs the Attorney General to establish a model program in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State funds to purchase either: (1) Live-Scan fingerprint technology and a State-vehicle to make such technology mobile in units traveling within the State to assist in the processing of fingerprint background checks; or (2) electric fingerprint imaging machines for use throughout the State to send fingerprint images to the Attorney General to conduct background checks.Mandates provision of funds to each State and the District of Columbia to hire personnel to provide information and training to each county law enforcement agency within the State regarding all requirements for input of criminal and disposition data into the national criminal history background check system.Authorizes appropriations for FY 2004 through 2008.(Sec. 7) Sets forth privacy protections governing the dissemination of national criminal fingerprint background check information. Imposes criminal penalties for a violation of such protections.(Sec. 8) Authorizes appropriations for FY 2004 through 2008.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deployed Service Members Financial Security and Education Act of 2003''. SEC. 2. ADDITIONAL ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND FREQUENT MOBILIZATIONS. (a) Allowance Payable.--(1) Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 437. Additional allowance for lengthy or numerous deployments and frequent mobilizations ``(a) Monthly Allowance.--The Secretary of the military department concerned shall pay a monthly allowance to a member of the armed forces under the Secretary's jurisdiction for each month of deployment of the member described in paragraph (1) of subsection (b) and each month of active duty service of the member described in paragraph (2) of such subsection. ``(b) Service Covered.--Subsection (a) applies to a member for the following months: ``(1) A month that includes a day on which the member is deployed and has, as of that day, been deployed for-- ``(A) 191 consecutive days; or ``(B) 401 days or more out of the preceding 730 days. ``(2) A month that includes a day on which the member serves on active duty to which the member, as a member of a reserve component of an armed force, has been called or ordered pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10 for a period that begins within one year after the date on which the member was released from active duty served for a previous period under a call or order pursuant to such a provision of law. ``(c) Amount.--The amount of the monthly allowance payable to a member under this section is $1,000. ``(d) Payment of Claims.--A claim of a member for payment of the monthly allowance under this section that is not fully substantiated by the recordkeeping system applicable to the member under section 991(c) of title 10 shall be paid if the member furnishes the Secretary concerned with other evidence determined by the Secretary as being sufficient to substantiate the claim. ``(e) Relationship to Other Allowances.--A monthly allowance payable to a member under this section is in addition to the per diem allowance payable under section 436 of this title and to any other pay or allowance payable to the member under any other provision of law. ``(f) Definition of Deployed.--In this section, the terms `deployed' and `deployment', with respect to a member, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10 (including any definition of `deployment' prescribed under paragraph (4) of that section).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 436 the following new item: ``437. Additional allowance for lengthy or numerous deployments and frequent mobilizations.''. (b) Effective Date.--Section 437 of title 37, United States Code (as added by subsection (a)), shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of deployment or active duty that begin before, on, or after such date, except that no allowance may be paid under such section for months that begin before the month in which this Act is enacted. SEC. 3. RELIEF ON EDUCATIONAL MATTERS FOR PERSONS IN THE MILITARY SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940. (a) Applicability of Interest Rate Limitation to Student Loans.-- Section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 526) is amended-- (1) by inserting ``(a)'' before ``No obligation''; (2) by designating the second sentence as subsection (c) and indenting the left margin of such subsection, as so designated, two ems; and (3) by inserting after subsection (a), as designated by paragraph (1) of this subsection, the following new subsection (b): ``(b) Subsection (a) shall apply with respect to student loans, including student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), student loans under any other Federal student loan program, or any other student loans.''. (b) Preservation of Educational Status and Tuition.--Article VII. of such Act (50 U.S.C. App. 590 et seq.) is amended by adding at the end the following new section: ``Sec. 704. (a) A person in the military service who is enrolled as a student at an institution of higher education at the time of entry into the military service shall be granted a leave of absence from the institution during the period of military service and for one year after the conclusion of the military service. ``(b)(1) A person on a leave of absence from an institution of higher education under subsection (a) shall be entitled, upon completion of the leave of absence, to be restored to the educational status such person had attained before entering into the military service as described in that subsection without loss of academic credits earned, scholarships or grants awarded, or, subject to paragraph (2), tuition and other fees paid before the entry of the person into the military service. ``(2)(A) An institution of higher education shall refund tuition or fees paid or credit the tuition and fees to the next period of enrollment after the person returns from the leave of absence, at the option of the person. Notwithstanding the 180-day limitation referred to in subsection (a)(2)(B) of section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b), a person on a leave of absence under this section shall not be treated as having withdrawn for purposes of such section 484B unless the person fails to return upon the completion of the leave of absence. ``(B) If a person requests a refund for a period of enrollment, the percentage of the tuition and fees that shall be refunded shall be equal to 100 percent minus-- ``(i) the percentage of the period of enrollment (for which the tuition and fees were paid) that was completed (as determined in accordance with subsection (d) of such section 484B) as of the day the person withdrew, provided that such date occurs on or before the completion of 60 percent of the period of enrollment; or ``(ii) 100 percent, if the day the person withdrew occurs after the person has completed 60 percent of the period of enrollment.''.
Deployed Service Members Financial Security and Education Act of 2003 - Directs the Secretary of the military department concerned to pay a monthly $1,000 allowance to a member of the armed forces for each month of deployment in the case of a member who is deployed for: (1) 191 consecutive days; or (2) 401 or more of the preceding 730 days.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to apply a provision limiting the rate of interest on student loans during a period of military service to all student loans, including loans under Title IV of the Higher Education Act of 1965.Requires a person in the military service who is enrolled in an institution of higher education at the time of entry into service to be granted a leave of absence from the institution during the period of service and for one year thereafter. Requires such person, after such leave of absence, to be restored to the same educational status (including academic credits, scholarships or grants, and amount of tuition) attained before entry into service. Requires the institution to refund, or provide a credit for, tuition or fees paid for the period covering the leave of absence.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to clarify and codify the preparedness and response authority of the National Urban Search and Rescue Response System for Federal response to structural collapses resulting from acts of terrorism and other incidents as determined by the Secretary. SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 522. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) In General.--There is in the Department an emergency response system to be known as the `National Urban Search and Rescue Response System' (referred to in this section as the `System'). Through the System, the Secretary shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to structural collapses resulting from acts of terrorism and other incidents that the Secretary determines are appropriate. ``(b) Administration of System.--The Secretary shall administer the System as follows: ``(1) The Secretary shall select and designate task forces to participate in the System. The Secretary shall determine the criteria for such participation. ``(2) The Secretary shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System. ``(3) A task force may include States, local governments, private non-profit organizations, and for-profit entities as participating agencies, at the discretion of the sponsoring agency of the task force. The sponsoring agency may also, in its discretion, allow the task force to include individuals not otherwise associated with the sponsoring agency or a participating agency in the task force. ``(4) The Secretary shall maintain such management and other technical teams as the Secretary determines are necessary to administer the System. ``(c) Preparedness Cooperative Agreements.--Subject to the availability of appropriations for such purpose, the Secretary shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(1) Training and exercises with other Federal, State, and local government response entities. ``(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(3) Medical monitoring required for responder safety, security, and health. ``(d) Response Cooperative Agreements.--The Secretary shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Secretary agrees to reimburse the sponsoring agency for costs incurred in responding to an incident described in subsection (a). ``(e) Appointment Into Federal Service.-- ``(1) In general.--In addition to the exercise of any other authorities under this section, the Secretary may appoint a System member for exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Agency without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(2) Employment status.--Regardless of any other employment status, a System member who is appointed into Federal service pursuant to this subsection is deemed an employee of a Federal agency for all purposes except-- ``(A) subchapter III of chapter 83 of title 5, United States Code, pertaining to labor grievances, appeal and review, or any applicable retirement system; ``(B) chapter 87 of title 5, United States Code, pertaining to life insurance; and ``(C) chapter 89 of title 5, United States Code, pertaining to health insurance, or other applicable health benefits system unless the System member's appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. ``(3) Compensation.--During a period of appointment into Federal service pursuant to this subsection-- ``(A) the Secretary shall reimburse, through the sponsoring agency, the System member's pay and the employer contribution to any State or local government retirement, life insurance, or health benefit plans on behalf of the System member. A System member shall not be entitled to pay directly from the Agency; and ``(B) the Secretary shall reimburse, through the sponsoring agency, the pay and employer contribution to any State or local government retirement, life insurance, or health benefit plans of an employee who fills the position normally filled by a System member appointed into Federal service pursuant to this subsection to the extent that those costs are in excess of the costs that would have been incurred had the System member not been appointed into Federal service. ``(4) Personal injury, illness, disability, or death.-- ``(A) In general.--A System member who is appointed into Federal service pursuant to this subsection and who suffers personal injury, illness, disability, or death as a result of personal injury sustained while in the performance of the member's duty during the appointment into Federal service shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of such title) who had sustained the injury in the performance of duty. ``(B) Election of benefits.--When a System member (or, in the case of the death of the System member, the System member's dependent) is entitled by reason of injury, illness, disability, or death to benefits under subchapter I of chapter 81 of title 5, United States Code, and is also entitled to benefits from a State or local government for the same injury, illness, disability, or death, the System member (or such dependent) shall elect which benefits the System member will receive. The election shall be made not later than 1 year after the injury, illness, disability or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. ``(C) Reimbursement for state or local benefits.-- In the event that a System member elects benefits from a State or local government under subparagraph (B), the Secretary may reimburse that State or local government for the value of those benefits. ``(5) Liability.--A System member appointed into Federal service pursuant to this subsection is deemed an employee of the Agency for the purposes of the Federal Tort Claims Act and any other Federal third party liability statute. ``(6) Employment and reemployment rights.--The following apply with respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency during periods of appointment to Federal service pursuant to this subsection: ``(A) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in chapter 43 of title 38, United States Code. ``(B) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Secretary. ``(C) Subject to the availability of appropriations, the Secretary may recognize employer support of the deployment of National Urban Search and Rescue Response System members, and their cooperation to allow System members to receive authorized training. ``(f) Licenses and Permits.--If a System member who is appointed into Federal service under this subsection holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, that System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance. ``(g) Advisory Subcommittee.-- ``(1) In general.--The Secretary shall establish and maintain an advisory subcommittee of the National Advisory Council established under section 508 to provide expert recommendations to the Secretary in order to assist the Secretary in administering the System. ``(2) Composition.--The advisory subcommittee shall be composed of members from geographically diverse areas, and shall include-- ``(A) the chief officer or senior executive from at least three sponsoring agencies; ``(B) the senior emergency manager from at least two States that have sponsoring agencies; and ``(C) at least one representative recommended by the leaders of the task forces. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2008 through 2012, $52,000,000 for the National Urban Search and Rescue Response System. Of any amount made available pursuant to this subsection, not less than 80 percent of such amount shall be provided equally to each of the task forces to be used for preparedness activities. ``(i) Definitions.--In this section: ``(1) The term `participating agency' means a State or local government, non-profit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(2) The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Secretary to participate in the System. ``(3) The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team. ``(4) The term `task force' means an urban search and rescue team designated by the Secretary to participate in the System.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by inserting ``; and'' after the semicolon; and (C) by adding at the end the following new subparagraph: ``(F) an individual who is a System member of the National Urban Search and Rescue Response System, when appointed into Federal service pursuant to section 522(f) of the Homeland Security Act of 2002.''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13), by adding at the end the following: ``Such service also includes any authorized exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Department of Homeland Security and carried out by the National Urban Search and Rescue Response System under section 522 of the Homeland Security Act of 2002.''. (B) in paragraph (16), by inserting after ``Public Health Service,'' the following: ``, System members of the National Urban Search and Rescue Response System when engaged in any authorized exercise, pre-incident staging, activation, or major disaster, emergency response, or training event sponsored or sanctioned by the Federal Emergency Management Agency,''.
National Urban Search and Rescue Response System Act of 2007 - Amends the Homeland Security Act of 2002 to codify provisions establishing in the Department of Homeland Security (DHS) the National Urban Search and Rescue Response System, under which the Secretary of Homeland Security shall provide for a national network of standardized search and rescue resources to assist state and local governments in responding to structural collapses resulting from terrorist acts and other incidents. Directs the Secretary to: (1) select and designate task forces to participate in the System and determine criteria for participation; (2) enter into an agreement with the sponsoring agency of each task force regarding participation; and (3) maintain such management and technical teams as the Secretary deems necessary. Authorizes a task force to include states, local governments, private nonprofit organizations, and for-profit entities. Directs the Secretary (subject to specified limitations) to enter into, with each sponsoring agency: (1) an annual preparedness cooperative agreement; and (2) a response cooperative agreement, under which the Secretary agrees to reimburse agency costs incurred in responding to incidents. Authorizes the Secretary to appoint a System member for sponsored or sanctioned exercises, pre-incident staging, or major disaster, emergency response, or training events. Sets forth provisions regarding: (1) appointment into federal service, including employment status, compensation, treatment as an employee in the event of personal injury, illness, disability, or death, liability, and employment and re-employment rights; and (2) licenses and permits. Directs the Secretary to establish and maintain an advisory subcommittee of the National Advisory Council.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``James Guelff and Chris McCurley Body Armor Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime; (5) of the approximately 1,200 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest; (6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor; (7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and (8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. SEC. 3. DEFINITIONS. In this Act: (1) Body armor.--The term ``body armor'' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agency.--The term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18, United States Code) or drug trafficking crime (as defined in section 924(c) of title 18, United States Code) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor. (b) Sense of Congress.--It is the sense of Congress that any sentencing enhancement under this section should be at least 2 levels. SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. (a) Definition of Body Armor.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.''. (b) Prohibition.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Prohibition on purchase, ownership, or possession of body armor by violent felons ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is-- ``(1) a crime of violence (as defined in section 16); or ``(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. ``(b) Affirmative Defense.-- ``(1) In general.--It shall be an affirmative defense under this section that-- ``(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and ``(B) the use and possession by the defendant were limited to the course of such performance. ``(2) Employer.--In this subsection, the term `employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.''. (2) Clerical amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Prohibition on purchase, ownership, or possession of body armor by violent felons.''. (c) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.''. SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Definitions.--In this section, the terms ``Federal agency'' and ``surplus property'' have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (b) Donation of Body Armor.--Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor-- (1) is in serviceable condition; (2) is surplus property; and (3) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on the date of enactment of this Act). (c) Notice to Administrator.--The head of a Federal agency who donates body armor under this section shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. (d) Donation by Certain Officers.-- (1) Department of justice.--In the administration of this section with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency: (A) The Administrator of the Drug Enforcement Administration. (B) The Director of the Federal Bureau of Investigation. (C) The Commissioner of the Immigration and Naturalization Service. (D) The Director of the United States Marshals Service. (2) Department of the treasury.--In the administration of this section with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency: (A) The Director of the Bureau of Alcohol, Tobacco, and Firearms. (B) The Commissioner of Customs. (C) The Director of the United States Secret Service. (e) No Liability.--Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section. Passed the Senate May 14, 2001. Attest: GARY SISCO, Secretary.
James Guelff and Chris McCurley Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels.Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations.Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawsuit Abuse Reduction Act of 2005''. SEC. 2. ATTORNEY ACCOUNTABILITY. Rule 11(c) of the Federal Rules of Civil Procedure is amended-- (1) by amending the first sentence to read as follows: ``If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee.''; (2) in paragraph (1)(A)-- (A) by striking ``Rule 5'' and all that follows through ``corrected.'' and inserting ``Rule 5.''; and (B) by striking ``the court may award'' and inserting ``the court shall award''; and (3) in paragraph (2), by striking ``shall be limited to what is sufficient'' and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting ``shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''. SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE COMMERCE. In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action substantially affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action substantially affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action. SEC. 4. PREVENTION OF FORUM-SHOPPING. (a) In General.--Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located) or Federal district in which-- (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent-- (A) resides at the time of filing; or (B) resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; (3) the defendant's principal place of business is located, if the defendant is a corporation; or (4) the defendant resides, if the defendant is an individual. (b) Determination of Most Appropriate Forum.--If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions.--In this section: (1) The term ``personal injury claim''-- (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; (B) does not include a claim brought as a class action; and (C) does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code. (2) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability.--This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act. SEC. 5. RULE OF CONSTRUCTION. Nothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law. SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is 3 or more, the Federal district court-- (1) shall suspend that attorney from the practice of law in that Federal district court for 1 year; and (2) may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 7. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING SAME ISSUE. Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on 3 consecutive occasions, and the claim or defense involves the same plaintiff and the same defendant, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure. SEC. 8. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING FEDERAL COURT PROCEEDINGS. Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding-- (1) shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and (2) shall be held in contempt of court and, if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings. SEC. 9. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. (a) In General.--In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record. (b) Applicability.--This section applies to any record formally filed with the court, but shall not include any records subject to-- (1) the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or (2) applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse. Passed the House of Representatives October 27, 2005. Attest: JEFF TRANDAHL, Clerk.
Lawsuit Abuse Reduction Act of 2005 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; and (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits. (Sec. 3) Makes Rule 11 applicable to state civil actions where the state court determines, upon motion, that an action substantially affects interstate commerce. (Sec. 4) Requires personal injury claims (defined to exclude class actions and personal injury claims brought against a debtor in bankruptcy proceedings) filed in state or federal court to be filed in the county or federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the Claim occurred; (3) the defendant's principal place of business is located; or (4) the defendant resides, if the defendant is an individual. Directs the trial court to determine which county or federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district. (Sec. 6) Requires a federal district court to suspend from the practice of law for one year (or for an additional period at the court's discretion) an attorney who is found to have violated Rule 11 three or more times. Grants such attorney a right to appeal a suspension and permits reinstatement after suspension under procedures and conditions prescribed by the court. (Sec. 7) Establishes a rebuttable presumption that an attempt to litigate, in any forum, a claim or defense involving the same plaintiff and defendant that has been litigated and lost on three consecutive prior occasions is a Rule 11 violation. (Sec. 8) Imposes additional sanctions for the willful and intentional destruction of documents sought pursuant to the rules of, and highly relevant to, a federal court proceeding. (Sec. 9) Requires public disclosure of the record of a Rule 11 proceeding unless the presiding judge determines that the interest justifying nondisclosure of the record outweighs any public health and safety interests served by disclosure. Exempts from disclosure records subject to the attorney-client or other recognized privilege, or state or federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.
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SECTION 1. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) 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: ``(uu) The failure to comply with-- ``(1) the notification requirement under section 568(a); ``(2) an order issued under paragraph (1) of section 568(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 568(c); or ``(4) an emergency order issued under section 568(d).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 568. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act.''. (c) Effective Date.--The amendments made by this section shall take effect one year period after the date of the enactment of this Act.
Amends the Federal Food, Drug, and Cosmetic Act to require any registered producer of a drug or device to notify the Secretary of Health and Human Services (HHS), as soon as practicable, of the identity and location of a drug, if such person has reason to believe: (1) that such drug is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals. Authorizes the Secretary to: (1) request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of the FFDCA voluntarily recall such drug; (2) issue an order requiring any person who distributes a drug that may cause serious adverse health consequences or death to humans or animals to immediately cease distribution of such drug; (3) amend the order to cease distribution to include a recall of the drug after an opportunity for an informal hearing; and (4) issue an order requiring an immediate recall of a drug if the Secretary has credible evidence or information that a drug subject to a cease distribution or recall order presents an imminent threat of serious adverse health consequences or death to humans or animals. Provides for notice to affected persons. Prohibits the failure to comply with the notification requirements of, or orders issued pursuant to, this Act. Requires the Secretary to provide notice of a recall order to consumers to whom the drug was, or may have been, distributed and to appropriate state and local health officials, as necessary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Technology Utilization Extension Assistance Act''. SEC. 2. PURPOSE. It is the purpose of this Act to improve the utilization of educational technologies in elementary and secondary education by creating an educational technology extension service based at undergraduate institutions of higher education. SEC. 3. FINDINGS. The Congress finds the following: (1) Extension services such as the Manufacturing Extension Partnership and the Agricultural Extension Service have proven to be effective public/private partnerships to integrate new technologies and to improve utilization of existing technologies by small to medium sized manufacturers and the United States agricultural community. (2) Undergraduate institutions of higher education working with non-profit organizations, State, and Federal agencies can tailor educational technology extension programs to meet specific local and regional requirements. (3) Undergraduate institutions of higher education, often with the assistance of the National Science Foundation, have for the past 20 years been integrating educational technologies into their curricula, and as such they can draw upon their own experiences to advise elementary and secondary school educators on ways to integrate a variety of educational technologies into the educational process. (4) Many elementary and secondary school systems, particularly in rural and traditionally under served areas, lack general information on the most effective methods to integrate their existing technology infrastructure, as well as new educational technology, into the educational process and curriculum. (5) Most Federal and State educational technology programs have focused on acquiring educational technologies with less emphasis on the utilization of those technologies in the classroom and the training and infrastructural requirements needed to efficiently support those types of technologies. As a result, in many instances, the full potential of educational technology has not been realized. (6) Our global economy is increasingly reliant on a workforce not only comfortable with technology, but also able to integrate rapid technological changes into the production process. As such, in order to remain competitive in a global economy, it is imperative that we maintain a work-ready labor force. (7) According to ``Teacher Quality: A Report on the Preparation and Qualifications of Public School Teacher'', prepared by the Department of Education, only 1 in 5 teachers felt they were well prepared to work in a modern classroom. (8) The most common form of professional development for teachers continue to be workshops that typically last no more than one day and have little relevance to teachers' work in the classroom. (9) A 1998 national survey completed by the Department of Education found that only 19 percent of teachers had been formally mentored by another teacher, and that 70 percent of these teachers felt that this collaboration was very helpful to their teaching. SEC. 4. PROGRAM AUTHORIZED. (a) General Authority.--The Director of the National Science Foundation, in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall provide assistance for the creation and support of regional centers for the utilization of educational technologies (hereinafter in this Act referred to as ``ETU Centers''). (b) Functions of Centers.-- (1) Establishment.--ETU Centers may be established at any institution of higher education, but such centers may include the participation of non-profit entities, organizations, or groups thereof. (2) Objectives of centers.--The objective of the ETU Centers is to enhance the utilization of educational technologies in elementary and secondary education through-- (A) advising of elementary and secondary school administrators, school boards, and teachers on the adoption and utilization of new educational technologies and the utility of local schools' existing educational technology assets and infrastructure; (B) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (C) active dissemination of technical and management information about the use of educational technologies; and (D) utilization, where appropriate, of the expertise and capabilities that exists in Federal laboratories and Federal agencies. (3) Activities of centers.--The activities of the ETU Centers shall include the following: (A) The active transfer and dissemination of research findings and ETU Center expertise to local school authorities, including but not limited to school administrators, school boards, and teachers. (B) The training of teachers in the integration of local schools existing educational technology infrastructure into their instructional design. (C) The training and advising of teachers, administrators, and school board members in the acquisition, utilization, and support of educational technologies. (D) Support services to teachers, administrators, and school board members as agreed upon by ETU Center representatives and local school authorities. (E) The advising of teachers, administrators, and school board members on current skill set standards employed by private industry. (c) Program Administration.-- (1) Proposed rules.--The Director of the National Science Foundation, after consultation with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall publish in the Federal Register, within 90 days after the date of the enactment of this Act, a proposed rules for the program for establishing ETU Centers, including-- (A) a description of the program; (B) the procedure to be followed by applicant; (C) the criteria for determining qualified applicants; and (D) the criteria, including those listed in the following sections, for choosing recipients of financial assistance under this section from among qualified applicants. (2) Final rules.--The Director of the National Science Foundation shall publish final rules for the program under this Act after the expiration of a 30-day comment period on such proposed rules. (d) Eligibility and Selection.-- (1) Applications required.--Any undergraduate institution of higher education, consortia of such institutions, non-profit organizations, or groups thereof may submit an application for financial support under this section in accordance with the procedures established under subsection (c). In order to receive assistance under this Act, an applicant shall provide adequate assurances that will contribute 50 percent or more of the proposed Center's capital and annual operating and maintenance costs. (2) Selection.--The Director of the National Science Foundation, in conjunction with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall subject each application to competitive, merit review. In making a decision whether to approve such application and provide financial support under this section, the Director of the National Science Foundation shall consider at a minimum-- (A) the merits of the application, particularly those portions of the application regarding the adaption of training and educational technologies to the needs of particular regions; (B) the quality of service to be provided; (C) the geographical diversity and extent of service area, with particular emphasis on rural and traditionally underdeveloped areas; and (D) the percentage of funding and amount of in-kind commitment from other sources. (3) Evaluation.--Each ETU Center which receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Director of the National Science Foundation. Each evaluation panel shall measure the involved Center's performance against the objectives specified in this section. Funding for an ETU Center shall not be renewed unless the evaluation is positive. SEC. 6. DEFINITION. As used in this Act, the term ``institution of higher education'' has the meaning given that term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Educational Technology Utilization Extension Assistance Act - Requires the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies (ETU Centers). Allows ETU Centers to be established at any institution of higher education, and to include the participation of non-profit entities and organizations. Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advising school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure; (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (3) active dissemination of technical and management information about the use of educational technologies; and (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies. Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities; (2) training teachers in integrating schools' existing educational technology infrastructure into their instructional design; (3) training and advising teachers, administrators, and school board members in acquiring, using, and supporting educational technologies; (4) support services to teachers, administrators, and school board members; and (5) advising teachers, administrators, and school board members on current skill set standards employed by private industry. Sets forth requirements for program administration and application and selection procedures. Allows any undergraduate institution of higher education, consortia of such institutions and non-profit organizations to apply for financial support in accordance with the procedures. Requires each applicant to provide adequate assurances that it will contribute 50 percent or more of the proposed ETU Center's capital and annual operating and maintenance costs. Requires the NSF Director, in conjunction with the Secretary of Education and the NIST Director, to subject each application to competitive merit review, including specified considerations. Requires each ETU Center to be evaluated during its third year of operation. Requires a positive evaluation for renewal of funding.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Access to Drugs for Rare Diseases Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Rare diseases and disorders are those which affect small patient populations, defined as fewer than 200,000 individuals in the United States. Taken together, 25,000,000 Americans suffer from one of the 6,000 rare diseases and disorders. (2) Because prescription drug manufacturers could not make a profit from marketing drugs for such small patient populations, very little ``rare disease'' research was conducted prior to 1983. Only 10 orphan drugs existed at that time. (3) The Orphan Drug Act, signed into law in 1983, created financial incentives for the research, development, production and distribution of such orphan drugs. (4) Since 1983, more than 240 new orphan drugs have been developed, approved, and marketed in the United States and more than 800 additional drugs are in the research pipeline. (5) The tremendous success of the Orphan Drug Act cannot be taken for granted because-- (A) patient access to the more expensive orphan drugs is a continuing problem; and (B) there is a need to stimulate more research for the millions of Americans and thousands of rare diseases for which there are not yet effective therapies. (6) When Congress adopted the medicare hospital outpatient prospective payment system (HOPPS) in 1999, it defined orphan drugs based on the Federal Food, Drug and Cosmetic (FFD&C) Act and placed such orphan drugs in a category that provided sufficient reimbursement to assure continuing access for rare disease patients. (7) Despite expressions of concern from Congress, the HOPPS regulation for 2003 does not continue this policy and, instead, uses a definition of orphan drugs that is not supported by the history of the Orphan Drug Act and forces most orphan drugs into categories in which they are reimbursed at levels significantly below hospital acquisition costs. (8) Unless medicare provides adequate reimbursement for orphan drugs, hospitals are much less likely to have them available for beneficiaries with rare diseases, such as cervical dystonia, alpha-1 antitripsin deficiency, rare cancers, porphyria, sickle cell anemia, Tourette syndrome, cystic fibrosis, and amyotrophic lateral sclerosis (Lou Gehrig's disease). (b) Purpose.--The purpose of this Act is to assure that medicare beneficiaries with rare diseases have continued access to orphan drugs in the hospital outpatient setting and that the FFD&C Act definition of rare diseases is used by the medicare program. SEC. 3. PAYMENT FOR ORPHAN DRUGS AND BIOLOGICALS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES. (a) Payment for Orphan Drugs and Biologicals.-- (1) In general.--Section 1833(t)(1)(B) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)) is amended-- (A) by striking the period at the end of clause (iv) and inserting a semi-colon; and (B) by inserting at the end the following new clauses: ``(v) for periods before January 1, 2007, does not include a drug or biological that has been designated as an orphan drug under section 526 of the Federal Food, Drug and Cosmetic Act or a drug or biological which is described under the same Healthcare Procedure Coding System product code (or product code under a successor coding system designated in regulations promulgated under section 1173(c)), has the same non-proprietary name, or is the `same drug' as that term is defined by the Food and Drug Administration under regulations promulgated under section 527 of the Federal, Food, Drug and Cosmetic Act; and ``(vi) for periods before January 1, 2007, does not include blood clotting factors for individuals with hemophilia for which a biologics license application under subsection (a) of section 351 of the Public Health Service Act has been submitted on or before December 31, 2002.''. (2) Considerations in applying exemption rules.-- (A) In general.--In determining whether a drug or biological is excluded from the prospective payment system under section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for hospital outpatient department services by reason of the amendment made by paragraph (1), the Secretary shall not take into account the fact that a drug or biological may have uses that have not been designated as an orphan drug under section 526 of the Federal Food, Drug and Cosmetic Act. (B) Exception for high volume claims.-- Notwithstanding subparagraph (A), for any drug or biological that would otherwise be covered by the amendment made by paragraph (1), if the number of claims submitted by hospitals for covered OPD services (as defined in section 1833(t)(1)(B) of such Act (42 U.S.C. 1395l(t)(1)(B)) without regard to clauses (v) and (vi) of such section) for such drug or biological administered exceeds 30,000 for the year from which claims are reviewed to determine payment rates for a given year, the exclusion under such amendments shall apply only to the indications for which the drug has been designated under section 526 of the Food, Drug and Cosmetic Act or which are included on the Rare Diseases List maintained by the Office of Rare Diseases of the National Institutes of Health. (C) Treatment for high volume claims.--In the case of a drug or biological that, with respect to which the Secretary determines that more than 30,000 claims for the drug or biological has been submitted in a year for covered OPD services as described in subparagraph (B), that drug or biological shall be considered to exceed 30,000 claims for all succeeding years. (3) Payment methodology.--In the case of a drug or biological covered by the amendment made by paragraph (1), payment for the drug or biological shall be made under section 1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)). (4) Exemption from inherent reasonableness authority.-- Section 1842(b)(8)(A)(i)(I) of the Social Security Act (42 U.S.C. 1395u(b)(8)(A)(i)(I)) is amended by inserting after ``paid under section 1848'' the following: ``and other than drugs and biologicals and blood clotting factors for individuals with hemophilia excluded from the prospective payment system for covered OPD services under clauses (v) or (vi) of section 1833(t)(1)(B).''. (b) Report.--Not later than July 1, 2006, the Secretary shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on payment for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia in the hospital outpatient setting including recommendations for either continuing or discontinuing the exclusion of such drugs and biologicals from payment under section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)). Such report shall include the following: (1) Recommendations for methods to appropriately reflect the actual costs of orphan drugs and biologicals and blood clotting factors for individuals with hemophilia under such section. Such methods shall be designed to ensure that the payment rate established for each drug and biological adequately reimburses hospitals for the costs associated with acquiring and dispensing such product, including pharmacy service and overhead costs. (2) The impact of making payment for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia under such section 1833(t) on access to such drugs and biologicals by patients with rare diseases. In preparing this report, the Secretary shall consult with patients, physicians, providers of services and suppliers of orphan drugs and biologicals and blood clotting factors for individuals with hemophilia as well as other organizations involved in the distribution of such drugs and biologicals to such patients, physicians, providers of services and suppliers. (c) Moratorium on Decreases in Payment Rates.--Notwithstanding any other provision of law, effective for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia furnished by hospital outpatient departments on or after January 1, 2007, the Secretary may not directly or indirectly decrease the rates of reimbursement in effect on December 31, 2006 for such orphan drugs and biologicals and blood clotting factors for individuals with hemophilia any earlier than six months after the date that the Secretary has submitted to Congress the report required under section (b). (d) Effective Date.--The amendments made by subsection (a) shall apply with respect to items furnished on or after January 1, 2004.
Medicare Patient Access to Drugs for Rare Diseases Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to revise the methodology by which payment for orphan drugs and biologicals is made under the Medicare prospective payment system for hospital outpatient department (OPD) services. Directs the Secretary to report to specified congressional committees on payment for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia in the OPD setting, including recommendations for either continuing or discontinuing the exclusion of such drugs and biologicals from payment under Medicare. Provides for a moratorium on decreases in payment rates for orphan drugs and biologicals and blood clotting factors for certain individuals with hemophilia.
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Educational Reform and Flexibility Act of 1993'' or ``Ed-Flex''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) historically, Federal education programs have addressed the Nation's most pressing educational problems by providing categorical assistance with detailed requirements relating to the use of funds; (2) while the approach described in paragraph (1) has proven generally successful, some program requirements may inadvertently impede educational achievement; (3) the Nation's schools and teachers are being asked to deal effectively with increasingly diverse educational needs that current program structures may not be flexible enough to address; (4) Federal mandates often limit teachers' ability to respond to individual student needs; and (5) in order for this Nation to effectively compete in the global economy, it is crucial for the Federal Government to support programs that-- (A) result in improved educational achievement by all students; (B) promote the coordination of education and related services that benefit and support children and their families; (C) enable teachers and schools to respond to the needs of a diverse student population; (D) provide flexibility to teachers and schools by eliminating unnecessary regulation; and (E) place an emphasis on program results rather than on tracking resources. (b) Purpose.--It is the purpose of this title to establish a national demonstration program which-- (1) promotes improved educational achievement for all students, especially those in affected programs, through education reform; (2) provides increased flexibility for schools and other recipients in the use of Federal resources, in exchange for greater accountability for achieving improved educational performance; (3) encourages collaboration among school and program administrators, teachers, parents, local agencies, community groups, and business leaders to develop more effective educational programs that meet the needs of all students, especially the disadvantaged, and those served by the affected programs. SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. (a) In General.--Subpart 1 of Part C of the General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after section 421A a new section 421B to read as follows: ``flexibility and accountability in education and related services ``Sec. 421B. (a) Program Authorized.-- ``(1) In general.--(A) The Secretary shall, in accordance with this section, assist elementary and secondary schools and other service providers to improve the achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers to not more than six States, which have implemented comprehensive regulatory reform plans, and no more than fifty local educational agencies in each State.'' ``(B)(i) In support of these projects, the Secretary is authorized to waive any statutory or regulatory requirement (except as provided in subsection (e) applicable to a program described in clause (ii) that the Secretary determines may impede the ability of a school or other service provider to meet the special needs of such students and other individuals in the most effective manner possible. The head of any other Federal agency in accordance with the programs described in clause (ii) is similarly authorized to waive such requirements applicable to an elementary, secondary, or youth vocational training program administered by such agency if the agency head the Secretary agree that such a waiver would promote the purpose of this section. ``(ii) The Secretary shall only waive a statutory or regulatory requirement applicable to a program under-- ``(I) chapter 1 of title I of the Elementary and Secondary Education Act of 1965; ``(II) chapter 2 of the Elementary and Secondary Education Act of 1965; ``(III) the Dwight D. Eisenhower Mathematics and Science Education Act; ``(IV) the Follow Through Act; ``(V) subtitle B of the title VII of the Stewart B. McKinney Homeless Assistance Act; and ``(VI) the Carl D. Perkins Vocational and Applied Technology Education Act, except part H of title III and funds allocated by States under section 232 of such Act. ``(2) Project duration.--Projects conducted under this section, and any waivers associated with such projects, shall last no longer than three years, except that the Secretary may extend a project and any associated waivers for an additional two years if the Secretary determines that the project is making substantial progress in meeting its goals. ``(3) Termination.--The Secretary shall terminate a project and its associated waivers if the Secretary, at any time, determines it is not making acceptable progress toward meeting its goals. The head of any other Federal agency who has granted waivers under this section shall determine whether to extend or terminate those waivers, but the Secretary shall have exclusive authority to extend or terminate the project. ``(b) Eligibility.-- ``(1) In general.--Each project that involves elementary of secondary schools shall include the participation of a local educational agency and at least two schools. ``(2) Grade and program requirement.--To the extent possible, each grade and academic program in a participating school shall participate in the project. ``(c) Applications.--A local educational agency, wishing to conduct a project under this section, shall submit an application to the State educational agency for approval. The State educational agency shall then transmit approved applications to the Secretary. Each application shall be submitted within two years of enactment and include a plan that-- ``(1) describes the purposes and overall expected outcomes of the project; ``(2) identifies, for each school or site participating in the project, those impediments to improved educational outcomes that would be removed by the proposed waivers; ``(3) identifies the Federal programs to be included in the project, the Federal statutory or regulatory requirements to be waived, and the purpose and duration of the requested waivers; ``(4) describes the State and local requirements that will be waived, the purpose of such waivers, and, if such requirements will not have been waived before the project begins, when those waivers will be obtained and take effect; ``(5) demonstrates the State has been made an effort to waive substantial requirements pertaining to the local educational agency; ``(6) describes specific, measurable, educational improvement goals for each school or other site in the project and for each school year of the project, including-- ``(A) goals for improving the achievement of all participants, including disadvantaged individuals, with respect to achievement in basic and advanced skills; ``(B) goals that reflect the broad purposes of each program for which a waiver is sought; and ``(C) an explanation of how the applicant will measure progress in meeting the goals set for each school or site in the project for disadvantaged individuals participating in the project; ``(7) incorporates the comments of the Governor; and ``(8) for projects involving elementary or secondary schools-- ``(A) identifies the schools to be included in the project and describes the student population at each school, including-- ``(i) current data regarding the achievement of the disadvantaged students as well as other students; and ``(ii) the number of students who-- ``(I) are of limited English proficiency as defined in section 7003(a)(1) of the Bilingual Education Act; ``(II) are children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Education Act; ``(III) are currently or formerly migratory; ``(IV) are educationally deprived, for the purposes of chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and ``(V) are eligible for a free or reduced price school lunch; ``(B) describes specific goals for enhancing coordination between the regular education program available to all students and the programs serving disadvantaged students; ``(C) if fewer than all the schools in a local educational agency will participate in a project, describes the expected educational outcomes for disadvantaged students in schools that do not participate, and how those outcome will be assessed; ``(D) describes how school administrators, teachers, staff, and parents (including parents of educationally disadvantaged children) have been or will be, involved in the planning, development, and implementation of the goals and program for each participating school; and ``(E) contains goals for students targeted by the programs described in clause (ii) of section 421B(a) (1)(B) which are comparable to or exceed existing goals under such programs. ``(d) Approval of Projects.-- ``(1) In general.--The Secretary shall approve applications from no more than six States which have implemented comprehensive regulatory reform, and no more than fifty local educational agencies in each State, after considering-- ``(A) the comprehensiveness of the project, including the types of students, schools, programs, and activities to be included; ``(B) the extent to which the provisions for which waivers are sought impede educational improvement; ``(C) the State and local requirements that will be waived for the project; ``(D) the significance and feasibility of the proposed project's goals for each participating school or site; ``(E) the quality of the plan for ensuring accountability for the proposed plan's activities and goals; and ``(F) the comments of the Governors. ``(2) Consultation.--The Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. Each such agency head shall notify the Secretary of any waivers granted by such agency head as part of such project. ``(3) Distribution of projects.--The Secretary shall ensure that, to the extent feasible, projects assisted under this section are geographically distributed, and equitably distributed among urban, suburban, and rural areas, as well as large and small schools. ``(e) Allocation of Federal Funds; Restriction on Waivers.-- ``(1) Allocation of federal funds.--Federal funds under any program that are used to support a project under this section shall be allocated to local educational agencies and other recipients within the local educational agency in accordance with the statutory and regulatory requirements that govern the operation of that program, except that, for the purpose of such a project, the Secretary (or the head of any other Federal agency) may extend the duration of, and provide continuation funding to, a project chosen on a competitive basis that a participating agency is conducting. ``(2) Restriction on waivers.--Neither the Secretary nor the head of any other Federal agency shall waive under this section any statutory or regulatory requirement in awarding a grant after the date of enactment to a service provider within the local educational agency or other applicant participating in a project under this section. ``(3) Special rule.--Neither the Secretary nor, where applicable, the head of any other Federal agency shall waive under this section any statutory or regulatory requirement-- ``(A) under section 438 and 439 of the General Education Provisions Act; ``(B) under title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, or title II of the Americans with Disabilities Act; ``(C) under the Individuals with Disabilities Education Act; or ``(D) relating to-- ``(i) supplement not supplant existing funds; ``(ii) maintenance of effort; ``(iii) comparability; or ``(iv) the equitable participation of students attending private schools. ``(f) Reports and Evaluations.-- ``(1) Project reports.--Each project shall submit, not later than ninety days after the end of each year of the project, an annual report to the Secretary that-- ``(A) summarizes the principal activities of the project; ``(B) contains school-by-school and other data, as described in the project plan, that show the extent to which the project is meeting its overall goals, including its goals for improving the achievement of all participants, particularly disadvantaged individuals, with respect to achievement in basic and advanced skills, and is meeting the goals for each school or other site; ``(C) describes the impact of the project on disadvantaged children in schools, if any, that are not participating in the demonstration; ``(D) describes the effectiveness of efforts to coordinate programs and services for children and their families as appropriate; and ``(E) provides information on or comparable data regarding the programs described in clause (ii) of section 428B(a)(1)(B) of achievement levels of students served pursuant to such programs previously demonstrated over the preceding three years compared with children or students served under this title. ``(2) Secretary's report.--The Secretary shall submit a report to the Congress every two years that summarizes and analyzes the project reports required by paragraph (1). ``(3) Evaluation reports.--At the end of the six year period described in this section, and at such interim points as the Secretary deems appropriate, the Secretary shall provide to Congress an independent evaluation of the projects assisted under this title, as well as an evaluation of the program assisted under this section by the Department of Education and other affected Federal agencies. Such reports may include recommendations for amendments to program statutes that are based on the experience of projects that successfully raise educational achievement by eliminating or modifying statutory or regulatory provisions that impede educational improvement. ``(g) Definition.--For the purpose of this section, the term disadvantaged students' includes students of limited english proficiency, children with disabilities, students who are currently or formerly migratory, and students who are educationally deprived. ``(h) Budget Neutrality.--The authority provided by this section shall not be exercised in a manner that, for any fiscal year, increases total obligations or outlays of discretionary appropriations for programs subject to such authority, or that increases total obligations or outlays of funding for all direct-spending programs subject to such authority over those that would have occurred absent such authority.''. (b) Sunset Provision.--The amendment made by subsection (a) shall be effective during the six year period beginning on the date of enactment of this Act.
Educational Reform and Flexibility Act of 1993 (Ed-Flex) - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing a limited number of waivers by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Limits such waivers to not more than: (1) six States which have implemented comprehensive regulatory reform plans; and (2) 50 LEAs within each SEA of such States. Authorizes the Secretary to only waive a statutory or regulatory requirement applicable to a program under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program administered by such agencies. Limits duration of projects and associated waivers. Requires each project that involves elementary or secondary schools to include participation of an LEA and at least two schools. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Sets forth application and planning requirements. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of specified Federal laws relating to individuals with disabilities. Sets forth requirements for reports, evaluations, budget neutrality, and a sunset provision.
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TITLE I--THE DISABLED VETERANS MEMORIAL SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL. (a) In General.--Notwithstanding section 3(c) of Public Law 99-652, as amended (40 U.S.C. 1003(c)), the Disabled Veterans' LIFE Memorial Foundation is authorized to establish a memorial on Federal land in the District of Columbia or its environs to honor disabled veterans who have served in the Armed Forces of the United States. (b) Compliance With Standards for Commemorative Works.--The establishment of the memorial authorized by subsection (a) shall be in accordance with the Act entitled ``An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes'', approved November 14, 1986 (40 U.S.C. 1001 et seq.). SEC. 102. PAYMENT OF EXPENSES. The Disabled Veterans' LIFE Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial authorized by section 1(a). No Federal funds may be used to pay any expense of the establishment of the memorial. SEC. 103. DEPOSIT OF EXCESS FUNDS. If, upon payment of all expenses of the establishment of the memorial authorized by section 1(a) (including the maintenance and preservation amount provided for in section 8(b) of the Act referred to in section 1(b)), or upon expiration of the authority for the memorial under section 10(b) of such Act, there remains a balance of funds received for the establishment of the memorial, the Disabled Veterans' LIFE Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of such Act. TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS SEC. 201. SHORT TITLE This title may be cited as the ``Commemorative Works Clarification and Revision Act of 2000''. SEC. 202. REFERENCE TO COMMEMORATIVE WORKS ACT. (a) In this title the term ``Act'' means the Commemorative Works Act of 1986, as amended (Public Law 99-652; 40 U.S.C. 1001 et seq.). SEC. 203. CLARIFICATIONS AND REVISIONS TO THE ACT. (a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is amended by striking the semicolon and inserting ``and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;''. (b) Section 2 of the Act (40 U.S.C. 1002) is amended as follows: (1) In subsection (c) by striking ``or a structure which is primarily used for other purposes'' and inserting ``that is not a commemorative work as defined by this Act''; (2) In subsection (d) by striking ``person'' and inserting ``sponsor''; (3) In subsection (e) by striking ``Areas I and II as depicted on the map numbered 869/86501, and dated May 1, 1986', and insert ``the Reserve, Area I, and Area II as depicted on the map numbered 869/86501A, and dated March 23, 2000''; (4) By redesignating subsection (e) as subsection (f); and (5) By adding a new subsection (e) as follows: ``(e) the term ``Reserve'' means the great cross-axis of the Mall, which is a substantially completed work of civic art and which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map described in subsection (f);''. (c) Section 3 of the Act (40 U.S.C. 1003) is amended as follows: (1) In subsection (b)-- (A) by striking ``work commemorating a lesser conflict'' and inserting ``work solely commemorating a limited military engagement''; (B) by striking ``10'' and inserting ``25''; and (C) by striking ``the event.'' and inserting ``such war or conflict.''. (2) In subsection (c) by striking ``other than a military commemorative work as described in subsection (b) of this section''; and (3) In subsection (d) by striking ``House Oversight'' and inserting ``Resources''. (d) Section 4 of the Act (40 U.S.C. 1004) is amended as follows: (1) By amending subsection (a) to read as follows: ``(a) The National Capital Memorial Commission is hereby established and shall include the following members or their designees: ``(1) Director, National Park Service (who shall serve as Chairman); ``(2) Architect of the Capitol; ``(3) Chairman, American Battle Monuments Commission; ``(4) Chairman, Commission of Fine Arts; ``(5) Chairman, National Capital Planning Commission; ``(6) Mayor, District of Columbia; ``(7) Commissioner, Public Buildings Service, General Services Administration; and ``(8) Secretary, Department of Defense.''; and (2) In subsection (b) by striking ``Administrator'' and inserting ``Administrator (as appropriate)''. (e) Section 5 of the Act (40 U.S.C. 1005) is amended-- (1) By striking ``Administrator'' and inserting ``Administrator (as appropriate)'' and (2) By striking ``869/8501, and dated May 1, 1986.'' and inserting ``869/8501A, and dated March 23, 2000.''. (f) Section 6 of the Act (40 U.S.C. 1006) is amended as follows: (1) In subsection (a) by striking ``3(b)'' and inserting ``3(d)''; (2) By redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (3) by adding a new subsection (a) as follows: ``(a) Sites for commemorative works shall not be authorized within the Reserve after January 1, 2000.''. (g) Section 7 of the Act (40 U.S.C. 1007) is amended as follows: (1) By striking ``person'' and inserting ``sponsor'' each place it appears; (2) In subsection (a) by striking ``designs'' and inserting ``design concepts''; (3) In subsection (b) by striking ``and Administrator'' and inserting ``or Administrator (as appropriate)''; (4) In subsection (b)(2) by striking ``open space and existing public use; and'' and inserting ``open space, existing public use, and cultural and natural resources;''; (5) In subsection (b)(3) by striking the period at the end and inserting a semicolon; and (6) by adding the following new paragraphs: ``(4) No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in subsection 2(f); ``(5) The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this Act; and'' ``(6) Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.''. (h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows: (1) In subsections (a)(3) and (a)(4) and in subsection (b) by striking ``person'' each place it appears and inserting ``sponsor''. (2) By amending subsection (b) to read as follows: ``(b) In addition to the foregoing criteria, no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such proceeds shall be available for the nonrecurring repair of the sponsor's commemorative work pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources: ``(1) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of this subsection provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. ``(2) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2000 shall be credited to a separate account with the National Park Foundation. ``(3) Upon request, the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (1) or (2). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.''. (3) By amending subsection (c) to read as follows: ``(c) The sponsor shall be required to submit to the Secretary or the Administrator (as appropriate) an annual report of operations, including financial statements audited by an independent certified public accountant, paid for by the sponsor authorized to construct the commemorative work.''. (i) Section 9 of the Act (40 U.S.C. 1009) is hereby repealed. (j) Section 10 of the Act (40 U.S.C. 1010) is amended as follows: (1) by amending subsection (b) to read as follows: ``(b) Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I where such addition authority has been granted, unless: ``(1) the Secretary or the Administrator (as appropriate) has issued a construction permit for the commemorative work during that period; or ``(2) the Secretary or the Administrator, in consultation with the National Capital Memorial Commission, has made a determination that final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts and that 75 percent of the amount estimated to be required to complete the memorial has been raised. If these two conditions have been met, the Secretary or the Administrator may extend the 7-year legislative authority for a period not to exceed three years from the date of expiration. Upon expiration of the legislative authority, any previous site and design approvals will also expire.''; and (2) By adding a new subsection (f) as follows: ``(f) The National Capital Planning Commission, in coordination with the Commission of Fine Arts and the National Capital Memorial Commission, shall complete its master plan to guide the location and development of future memorials outside the Reserve for the next 50 years, including evaluation of and guidelines for potential sites.''. SEC. 204. PREVIOUSLY APPROVED MEMORIALS. Nothing in this title shall apply to a memorial whose site was approved, in accordance with the Commemorative Works Act of 1986 (Public Law 99-652; 40 U.S.C. 1001 et seq.), prior to the date of enactment of this title. Passed the Senate July 10, 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 311 _______________________________________________________________________ AN ACT To authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs, and for other purposes.
(Sec. 101) Prohibits Federal funds from being used to pay any expense of the establishment of the memorial. Title II: Commemorative Works Act Amendments - Commemorative Works Clarification and Revision Act of 2000 - Amends the Commemorative Works Act of 1986 to: (1) state as one of the Act's purposes encouraging the location of commemorative works within the urban fabric of the District; (2) exclude from the meaning of "commemorative work" any structure that is not a commemorative work as defined by the Act; (3) define sponsor; (4) update the map covered by the Act to include the "Reserve," defined as the great cross-axis of the Mall, extending from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial. (Sec. 202) Excludes a work solely commemorating a limited military engagement from the Act (currently, a work commemorating a lesser conflict). Extends from ten to 25 years the period of time that must elapse between the end of a war or military conflict and the establishment of a memorial. Changes from the House Committee on House Oversight to the House Committee on Resources committee jurisdiction over legislation authorizing commemorative works in the District and its environs. Allows members of the National Capital Memorial Commission to appoint designees to serve in their place. Prohibits the authorization of sites for commemorative works within the Reserve after January 1, 2000. Requires that a commemorative work be located to protect cultural and natural resources (as well as open space and existing public use). Prohibits commemorative work designed primarily as a museum from being located on lands under the Secretary of the Interior's jurisdiction in Area I or in East Potomac Park. Authorizes the National Capital Planning Commission and the Commission of Fine Arts to develop criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the Act's purposes. Prohibits the acknowledgment of donor contributions to such works in any manner as part of the work or its site. Mandates that monies provided by a commemorative work's sponsor for its maintenance shall be available, without further appropriation, for the non-recurring repair of such work. Requires a commemorative work's sponsor (currently, person) to donate at least 10 percent of the total estimated construction costs to offset the costs of perpetual maintenance and preservation costs of the work, and requires such proceeds to be available for the nonrecurring repairs of such work. Authorizes the Secretary or the National Park Foundation to make donated moneys available for the maintenance of a commemorative work. Repeals the authority of the Secretary or the Administrator of the General Services Administration (as appropriate) to suspend a sponsor's activities if it is determined that fund raising efforts have misrepresented an affiliation with a commemorative work or the United States. Requires the work sponsor to submit annual operations reports, including audited financial statements, to the Secretary or the Administrator (as appropriate). Repeals authority to make temporary site designations. Revises provisions for expiration of legislative authority for a commemorative work seven years after its enactment. Provides in the alternative for expiration of such authority seven years from the date of enactment of authority to locate the work within Area I where such addition authority has been granted, unless (as under current law) the Secretary or the Administrator (as appropriate) has issued a construction permit, or: (1) final design approvals have been obtained from specified commissions; and (2) 75 percent of the amount estimated to be required for memorial completion has been raised. Provides that, if these conditions are met, the Secretary or the Administrator may extend the seven-year legislative authority for up to three years. Terminates any previous site and design approvals upon expiration of the legislative authority. Directs the National Capital Planning Commission, in coordination with the Commission of Fine Arts and the National Capital Memorial Commission, to complete its master plan to guide the location and development of future memorials outside the Reserve for the next 50 years, including evaluation of and guidelines for potential sites. Mandates that nothing in this Title shall apply to memorials whose sites were approved before the enactment of this Title.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief for Older Workers Act of 1991''. SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) in subsection (c), by redesignating such subsection as subsection (b), and-- (A) by striking ``Noncovered Work Outside the United States or'' in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting in lieu thereof ``For purposes of paragraphs (1), (2), and (3)''; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; (4) in subsection (i), by redesignating such subsection as subsection (e), and by striking ``subsection (b), (c), (g), or (h)'' and inserting ``subsection (b) or (d)''; and (5) in subsection (l), by redesignating such subsection as subsection (f), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (c) Conforming Amendments to Other Provisions.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of such Act (42 U.S.C. 402(n)(1)) is amended by striking ``Sections 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.-- (A) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (B) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.-- (A) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (B) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to benefits increased on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''. (6) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (7) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(3) of such Act (42 U.S.C. 408(a)(3)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (8) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (9) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (10) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if the Relief for Older Workers Act of 1991 had not been enacted''. (11) Provisions defining income for purposes of ssi.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(F)) the following new sentences: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in subsections (a), (g)(2), (g)(3), (h)(2), and (j) of such section. In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer.''. (12) Repeal of deductions on account of work under the railroad retirement program.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking subsections (f) and (g)(2). SEC. 3. EFFECTIVE DATE. The amendments and repeals made by this Act shall be effective with respect to taxable years ending on and after the date of the enactment of this Act.
Relief for Older Workers Act of 1991 (sic) - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Boko Haram Terrorist Designation Act of 2013''. SEC. 2. REPORT ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST ORGANIZATION. (a) Findings.--Congress finds the following: (1) On August 26, 2011, a vehicle borne explosive device (VBIED) was detonated after being driven into the lobby of a United Nations facility in Abuja, Nigeria. At least 21 people died as a result of the explosion, and the Islamist militant organization commonly called ``Boko Haram'' claimed responsibility. (2) On December 25, 2011, a series of bombs were detonated across northern Nigeria. Some of these attacks killed worshippers attending Christmas Day services, and killed an estimated total of 41 people. Boko Haram claimed responsibility. (3) From their inception, Boko Haram has killed hundreds of innocent civilians and has continually enhanced its lethality, pledging to continue its use of terrorist tactics. In a July 2010 statement, Boko Haram's leader, Abubakar Shekau, issued support to al Qaeda and made threatening remarks to the United States. (4) On January 31, 2012, in testimony before Congress, Director of National Intelligence James Clapper included Boko Haram in his worldwide threat assessment, stating, ``There are also fears that Boko Haram--elements of which have engaged al- Qa'ida in the Islamic Maghreb (AQIM)--is interested in hitting Western targets, such as the U.S. Embassy and hotels frequented by Westerners.''. (5) On February 23, 2012, United States Ambassador to Nigeria Terrence P. McCulley indicated Boko Haram's danger was expanding. He said, ``We've seen an increase in sophistication, we've seen increased lethality. We saw at last a part of the group has decided it's in their interest to attack the international community.''. (6) On February 27, 2012, at a conference held by the African Society of the National Summit on Africa, former United States Ambassador to Nigeria Howard F. Jeter described Boko Haram by saying, ``It is a terrorist group. If you kill 28 innocent people worshipping in a church, it is a terrorist group.''. (7) The Foreign Office of the United Kingdom of Great Britain and Northern Ireland, a major United States ally, publicly refers to Boko Haram as the ``main terrorist threat in Nigeria''. (b) Report.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the intelligence community, submit to the appropriate congressional committees-- (A) a detailed report on whether the Nigerian organization named ``People Committed to the Propagation of the Prophet's Teachings and Jihad'' (commonly known as ``Boko Haram'' and by other aliases, including Ansaru and Jama'atu Ahlis Sunna Lidda'awati Wal-Jihad), meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (B) if the Secretary of State determines that Boko Haram does not meet such criteria, a detailed justification as to which criteria have not been met. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if appropriate. (3) Definitions.--In this subsection: (A) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (ii) the Committee on Homeland Security, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that Boko Haram meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and should be designated as such. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act may be construed to infringe upon the sovereignty of the Government of Nigeria to combat militant or terrorist groups operating inside the boundaries of Nigeria.
Boko Haram Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Nigerian organization People Committed to the Propagation of the Prophet's Teachings and Jihad (Boko Haram) meets the criteria for designation as a foreign terrorist organization. Expresses the sense of Congress that Boko Haram meets such criteria and should be designated as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon Nigeria's sovereignty to combat militant or terrorist groups operating inside its boundaries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Free Speech Protection Act of 2006''. SEC. 2. EXCLUSION OF INTERNET COMMUNICATIONS FROM TREATMENT AS PUBLIC COMMUNICATIONS. Section 301(22) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended-- (1) by striking ``The term'' and inserting ``(A) The term''; and (2) by adding at the end the following new subparagraph: ``(B) The term `public communication' does not include any communication made over the Internet, other than any of the following: ``(i) Any communication placed by a person on another person's website, if the aggregate amount spent for such communications exceeds $5,000 during the calendar year. ``(ii) Any communication made by a State, district, or local committee of a political party described in section 323(b). ``(iii) A communication made by any political committee. ``(iv) A communication made by any person described in section 316 (other than a corporation described in such section whose principal purpose is operating an online discussion forum or disseminating social or political ideas or commentary through operation of a website, web log, podcast, or other similar forms of Internet communication and which is not established, financed, maintained or controlled by a labor organization or by another corporation without such a principal purpose).''. SEC. 3. EXCLUSION OF INTERNET COMMUNICATIONS FROM CERTAIN REPORTING AND DISCLAIMER REQUIREMENTS. (a) Reports by Persons Making Independent Expenditures.--Section 304(c)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)(1)) is amended-- (1) by striking ``(c)(1)'' and inserting ``(c)(1)(A)''; and (2) by adding at the end the following new subparagraph: ``(B) In the case of an individual, in determining the aggregate amount or value of independent expenditures made by the individual in a calendar year for purposes of subparagraph (A), there shall be excluded up to an annual aggregate amount of $5,000 for communications made over the Internet.''. (b) Disclaimers on Unauthorized Advertisements and Solicitations.-- Section 318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended by striking the period at the end and inserting the following: ``, except that no such information shall be required in any communication made over the Internet by an individual during any calendar year for which the aggregate amount paid by such individual for such communications does not exceed $5,000.''. SEC. 4. EXCLUSION OF EXPENDITURES ON INTERNET COMMUNICATIONS FROM DETERMINATION OF THRESHOLD FOR REGISTRATION OF POLITICAL COMMITTEES. Section 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii); (2) by striking ``(4)'' and inserting ``(4)(A)''; and (3) by adding at the end the following new subparagraph: ``(B) In determining the amount of contributions or expenditures made for purposes of this paragraph, there shall be excluded up to an annual aggregate amount of $10,000 for Internet-related expenses such as expenses for Internet access and hosting services, creation of an Internet site, and creating, hosting, or participating in an online discussion using blogging or other software.''. SEC. 5. INCLUSION OF ONLINE MEDIA WITHIN EXEMPTION FROM TREATMENT AS EXPENDITURES OF STORIES AND COMMENTARIES APPEARING IN MEDIA. Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by striking ``or other periodical publication,'' and inserting the following: ``other periodical publication, or Internet site or service,''. SEC. 6. INDEXING OF AMOUNTS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``indexing of certain amounts ``Sec. 325. (a) Indexing.-- ``(1) In general.--In any calendar year after 2008, each of the following amounts shall be increased by the inflation adjustment described in subsection (b): ``(A) The amount referred to in section 301(4)(B) (relating to the exclusion of expenditures on Internet communications from the determination of the threshold for registration of political committees). ``(B) The amount referred to in section 301(22)(B)(i) (relating to the exclusion of Internet communications from treatment as public communications). ``(C) The amount referred to in section 304(c)(1)(B) (relating to the exclusion of expenditures on Internet communications from the determination of the threshold for the filing of reports on independent expenditures). ``(D) The amount referred to in section 318(a)(3) (relating to disclaimers in communications made over the Internet). ``(2) Application in odd-numbered years.--Increases made under this subsection shall only be made in odd-numbered years and such increases shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election. ``(b) Inflation Adjustment Described.--In subsection (a), the `inflation adjustment' is the percent difference determined under section 315(c)(1)(A), except that for purposes of this subsection, the base period under such section shall be 2007.''. SEC. 7. PUBLICATION BY FEDERAL ELECTION COMMISSION OF GUIDELINE ON INDIVIDUAL INTERNET ACTIVITIES. Not later than 150 days after the date of the enactment of this Act, the Federal Election Commission shall publish a single policy guideline for the use of individuals engaging in online communications which describes in plain language the rules and regulations applicable under the Federal Election Campaign Act of 1971 to individual Internet activity. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act.
Internet Free Speech Protection Act of 2006 - Amends the Federal Election Campaign Act of 1971 (FECA) to exclude any communication made over the Internet, with certain exceptions, from the meaning of a public communication subject to FECA requirements. Subjects to FECA requirements, however, any communication: (1) placed by a person on another person’s website, if the aggregate amount spent for such communications exceeds $5,000 during the calendar year; (2) made by a state, district, or local committee of a political party; (3) made by any political committee; or (4) made by any person other than a corporation whose principal purpose is operating an online discussion forum, or disseminating social or political ideas or commentary through operation of a website, web log, podcast, or other similar forms of Internet communication, and which is not established, financed, maintained or controlled by a labor organization or by another corporation without such a principal purpose. Revises the reporting requirements for individuals making independent expenditures in a calendar year to exclude from the aggregate amount or value of such expenditures an annual aggregate of $5,000 for communications made over the Internet. Revises the requirements for disclaimers on unauthorized advertisements and solicitations to exempt from such requirements any communication made over the Internet by an individual during any calendar year for which the aggregate amount paid by the individual for such communications does not exceed $5,000. Revises requirements for the determination of what constitutes a political committee on the basis of certain expenditures. Excludes from the determination of such expenditures up to an annual aggregate amount of $10,000 for Internet-related expenses, such as those for Internet access and hosting services, creation of an Internet site, and creating, hosting, or participating in an online discussion using blogging or other software. Revises the meaning of expenditure to exclude expenses for any news story, commentary, or editorial distributed through an Internet site or service from treatment as expenditures of stories and commentaries appearing in media, unless such media are owned or controlled by any political party, political committee, or candidate. Requires an annual inflation adjustment to any amounts relating to disclaimers in communications made over the Internet or to the exclusion of: (1) expenditures on Internet communications from the determination of the threshold for registration of political committees; (2) Internet communications from treatment as public communications; or (3) expenditures on Internet communications from the determination of the threshold for the filing of reports on independent expenditures. Directs the Federal Election Commission to publish a single policy guideline in plain language for the use of individuals engaging in online communications about FECA rules and regulations applicable to individual Internet activity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. (a) Amendment.--At the end of part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) add the following new section: ``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to-- ``(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with cyanotoxins; ``(B) establish, publish, and update a comprehensive list of cyanotoxins determined by the Administrator to be harmful to human health when present in drinking water provided by public water systems; ``(C) summarize-- ``(i) the known adverse human health effects of cyanotoxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause cyanobacteria to proliferate and express toxins; ``(D) with respect to cyanotoxins included on the list published under subparagraph (B), determine whether to-- ``(i) publish health advisories pursuant to section 1412(b)(1)(F) for such cyanotoxins in drinking water provided by public water systems; ``(ii) establish guidance regarding feasible analytical methods to quantify the presence of cyanotoxins; and ``(iii) establish guidance regarding the frequency of monitoring necessary to determine if such cyanotoxins are present in drinking water provided by public water systems; ``(E) recommend feasible treatment options, including procedures and equipment, to mitigate any adverse public health effects of cyanotoxins included on the list published under subparagraph (B); and ``(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with cyanotoxins included on the list published under subparagraph (B). ``(2) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(b) Information Coordination.--In carrying out this section the Administrator shall-- ``(1) identify gaps in the Agency's understanding of cyanobacteria, including-- ``(A) the human health effects of cyanotoxins included on the list published under subsection (a)(1)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful cyanotoxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; and ``(F) research and academic institutions; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria; or ``(B) addressed public health concerns related to harmful algal blooms. ``(c) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. ``(d) Feasible.--For purposes of this section, the term `feasible' has the meaning given such term in section 1412(b)(4)(D).''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze cyanobacteria or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.
Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins.
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SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Travelers' Rights Act of 1996''. (b) Purposes.--The purposes of this Act are to ensure-- (1) the access to information by travelers in air commerce concerning the safety and security of air travel; and (2) the coordination of air carrier and governmental assistance to victims and survivors of victims of accidents in air commerce. SEC. 2. CONSUMER ACCESS TO INFORMATION. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44724. Air traveler safety program ``(a) In General.-- ``(1) Written information.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (hereafter in this section referred to as the `Secretary') shall issue regulations, for a period determined by the Secretary, that require each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning: ``(A) safety inspection reviews conducted by the Administrator of the Federal Aviation Administration on the aircraft of that air carrier; ``(B) the safety ranking of that air carrier, as determined by the Administrator of the Federal Aviation Administration, in accordance with applicable law; and ``(C) the compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of the calendar year in which this section is enacted, and annually thereafter, the Secretary shall submit a report to the Congress that reviews the safety of air carriers that provide interstate or foreign air transportation, including-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) for the preceding year, the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the report under paragraph (1) available to-- ``(A) travel agencies and consultants for distribution to persons served by those agencies and consultants; and ``(B) any other person or entity upon request. ``(e) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors receive, to the extent allowable by law, immediate and unrestricted access to information that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) National security information.--Nothing in paragraph (1) may be construed to authorize the release of information that the President determines to be classified in the national security interest of the United States. ``(f) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (e) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(g) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The chapter analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44724. Air traveler safety program.''.
Travelers' Rights Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to issue regulations to require domestic air carriers to provide air travelers with certain air carrier safety and security information upon request. Requires the Secretary to report annually to the Congress on air carrier safety. Directs the National Transportation Safety Board to establish: (1) an informational program for victims and survivors of aircraft accidents (victims' rights program); (2) a program to ensure coordination of the disclosure of information and assistance provided to aircraft accident victims; and (3) a toll-free telephone line for the provision of aircraft accident information. Sets forth civil penalties for violations of this Act. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Multifamily Rental Housing Loan Guarantee Demonstration Act''. SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. Title V of the Housing Act of 1949 is amended by adding at the end the following new section: ``SEC. 543. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. ``(a) Authority.--The Secretary may make commitments to guarantee eligible loans for the development costs of eligible housing and related facilities, and may guarantee such eligible loans, in accordance with this section. ``(b) Extent of Guarantee.--A guarantee made under this section shall guarantee repayment of an amount not exceeding 90 percent of the unpaid principal and interest of the loan for which the guarantee is made. The liability of the United States under any guarantee under this section shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation. ``(c) Eligible Borrowers.--A loan guaranteed under this section may be made to a nonprofit organization, an agency or body of any State government or political subdivision thereof, or a private entity. ``(d) Eligible Housing.--A loan may be guaranteed under this section only if the loan is used for the development costs of housing and related facilities (as such terms are defined in section 515(e)) that-- ``(1) consists of 5 or more adequate dwellings; ``(2) is available for occupancy only by low or moderate income families or persons, whose incomes at the time of initial occupancy do not exceed 115 percent of the median income of the area, as determined by the Secretary; ``(3) will remain available as provided in paragraph (2), according to such binding commitments as the Secretary may require, for the period of the original term of the loan guaranteed, unless the Secretary waives the applicability of such requirement for the loan; and ``(4) is located in a rural area. A low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 may be provided in connection with housing developed using amounts from a loan guaranteed under this section, but only if such housing complies with the requirements under such Code for such a credit. ``(e) Eligible Lenders.-- ``(1) Requirement.--A loan may be guaranteed under this subsection only if the loan is made by a lender that the Secretary determines-- ``(A) meets the qualifications, and has been approved by the Secretary of Housing and Urban Development, to make loans for multifamily housing that are to be insured under the National Housing Act; ``(B) meets the qualifications, and has been approved by the Federal National Mortgage Association, to make loans for multifamily housing that are to be sold to such corporation; ``(C) meets the qualifications, and has been approved by the Federal Home Loan Mortgage Corporation, to make loans for multifamily housing that are to be sold to such Corporation; or ``(D) meets any qualifications that the Secretary may, by regulation, establish for participation of lenders in the loan guarantee program under this section. ``(2) Eligibility list and annual audit.--The Secretary shall establish a list of eligible lenders and shall annually conduct an audit of each lender included in the list for purposes of determining whether such lender continues to be an eligible lender. ``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection shall-- ``(1) provide for complete amortization by periodic payments to be made for a term not to exceed 40 years; ``(2) involve a rate of interest agreed upon by the borrower and the lender that does not exceed the maximum allowable rate established by the Secretary for purposes of this section and is fixed over the term of the loan; ``(3) involve a principal obligation (including initial service charges, appraisal, inspection, and other fees as the Secretary may approve) not to exceed-- ``(A) in the case of a borrower that is a nonprofit organization or an agency or body of any State or local government, 97 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; ``(B) in the case of a borrower that is a for- profit entity not referred to in subparagraph (A), 90 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; and ``(C) in the case of any borrower, for such part of the property as may be attributable to dwelling use, the applicable maximum per unit dollar amount limitations under section 207(c) of the National Housing Act; and ``(4) be secured by a first mortgage on the housing and related facilities for which the loan is made, or otherwise, as the Secretary may determine necessary to ensure repayment of the obligation. ``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed under this section, the Secretary may collect from the lender a fee equal to not more than 1 percent of the principal obligation of the loan. ``(h) Authority for Lenders to Issue Certificates of Guarantee.-- The Secretary may authorize certain eligible lenders to determine whether a loan meets the requirements for guarantee under this section and, subject to the availability of authority to enter into guarantees under this section, execute a firm commitment for a guarantee binding upon the Secretary and issue a certificate of guarantee evidencing a guarantee, without review and approval by the Secretary of the specific loan. The Secretary may establish standards for approving eligible lenders for a delegation of authority under this subsection. ``(i) Payment Under Guarantee.-- ``(1) Notice of default.--In the event of default by the borrower on a loan guaranteed under this section, the holder of the guarantee certificate for the loan shall provide written notice of the default to the Secretary. ``(2) Foreclosure.--After receiving notice under paragraph (1) and providing written notice of action under this paragraph to the Secretary, the holder of the guarantee certificate for the loan may initiate foreclosure proceedings for the loan in a court of competent jurisdiction, in accordance with regulations issued by the Secretary, to obtain possession of the security property. After the court issues a final order authorizing foreclosure on the property, the holder of the certificate shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)) upon (A) conveyance to the Secretary of title to the security property, (B) submission to the Secretary of a claim for payment under the guarantee, and (C) assignment to the Secretary of all the claims of the holder of the guarantee against the borrower or others arising out of the loan transaction or foreclosure proceedings, except claims released with the consent of the Secretary. ``(3) Assignment by secretary.--After receiving notice under paragraph (1), the Secretary may accept assignment of the loan if the Secretary determines that the assignment is in the best interests of the United States. Assignment of a loan under this paragraph shall include conveyance to the Secretary of title to the security property, assignment to the Secretary of all rights and interests arising under the loan, and assignment to the Secretary of all claims against the borrower or others arising out of the loan transaction. Upon assignment of a loan under this paragraph, the holder of a guarantee certificate for the loan shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)). ``(4) Requirements.--Before any payment under a guarantee is made under paragraph (2) or (3), the holder of the guarantee certificate shall exhaust all reasonable possibilities of collection on the loan guaranteed. Upon payment, in whole or in part, to the holder, the note or judgment evidencing the debt shall be assigned to the United States and the holder shall have no further claim against the borrower or the United States. The Secretary shall then take such action to collect as the Secretary determines appropriate. ``(j) Violation of Guarantee Requirements by Lenders Issuing Guarantees.-- ``(1) Indemnification.--If the Secretary determines that a loan guaranteed by an eligible lender pursuant to delegation of authority under subsection (h) was not originated in accordance with the requirements under this section and the Secretary pays a claim under the guarantee for the loan, the Secretary may require the eligible lender authorized under subsection (h) to issue the guarantee certificate for the loan-- ``(A) to indemnify the Secretary for the loss, if the payment under the guarantee was made within a reasonable period specified by the Secretary; or ``(B) to indemnify the Secretary for the loss regardless of when payment under the guarantee was made, if the Secretary determines that fraud or misrepresentation was involved in connection with the origination of the loan. ``(2) Termination of authority to issue guarantees.--The Secretary may cancel a delegation of authority under subsection (h) to an eligible lender if the Secretary determines that the lender has violated the requirements and procedures for guaranteed loans under this section or for other good cause. Any such cancellation shall be made by giving notice to the eligible lender and shall take effect upon receipt of the notice by the mortgagee or at a later date, as the Secretary may provide. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review. ``(k) Refinancing.--Any loan guaranteed under this section may be refinanced and extended in accordance with terms and conditions that the Secretary shall prescribe, but in no event for an additional amount or term that exceeds the limitations under subsection (f). ``(l) Nonassumption.--The borrower under a loan that is guaranteed under this section and under which any portion of the principal obligation or interest remains outstanding may not be relieved of liability with respect to the loan, notwithstanding the transfer of property for which the loan was made. ``(m) Geographical Targeting.-- ``(1) Study.--The Secretary shall provide for an independent entity to conduct a study to determine the extent to which borrowers in the United States will utilize loan guarantees under this section and the rural areas in the United States in which borrowers can best utilize and most need loans guaranteed under this section. The Secretary shall require the independent entity conducting the study to submit a report to the Secretary and to the Congress describing the results of the study not later than the expiration of the 90-day period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act. ``(2) Targeting.--In providing loan guarantees under this section, the Secretary shall establish standards to target and give priority to rural areas in which borrowers can best utilize and most need loans guaranteed under this section, as determined by the Secretary based on the results of the study under paragraph (1) and any other information the Secretary considers appropriate. ``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c) shall not apply to guarantees, or loans guaranteed, under this section. ``(o) Housing Standards.--The standards established under section 515(m) for housing and related facilities assisted under section 515 shall apply to housing and related facilities the development costs of which are financed in whole or in part with a loan guaranteed under this section. ``(p) Limitation on Commitments to Guarantee Loans.-- ``(1) Requirement of appropriations.--The authority of the Secretary to enter into commitments to guarantee loans under this section, and to guarantee loans, shall be effective for any fiscal year only to the extent or in such amounts as are or have been provided in appropriations Acts for such fiscal year. ``(2) Limitation on outstanding aggregate principal amount.--Subject to the limitation in paragraph (1), the Secretary may enter into commitments to guarantee loans under this section having an aggregate outstanding principal amount not exceeding $200,000,000 in each of fiscal years 1995 and 1996. ``(q) Report.-- ``(1) In general.--The Secretary shall submit a report to the Congress, not later than the expiration of the 2-year period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act, describing the program under this section for guaranteeing loans. ``(2) Contents.--The report shall-- ``(A) describe the types of borrowers providing housing with loans guaranteed under this section, the areas served by the housing provided and the geographical distribution of the housing, the levels of income of the residents of the housing, the number of dwelling units provided, the extent to which borrowers under such loans have obtained other financial assistance for development costs of housing provided with the loans, and the extent to which borrowers under such loans have used low-income housing tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with the housing provided with the loans; ``(B) analyze the financial viability of the housing provided with loans guaranteed under this section and the need for project-based rental assistance for such housing; ``(C) include any recommendations of the Secretary for expanding or improving the program under this section for guaranteeing loans; and ``(D) include any other information regarding the program for guaranteeing loans under this section that the Secretary considers appropriate. ``(r) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(1) The term `development cost' has the meaning given the term in section 515(e). ``(2) The term `eligible lender' means a lender determined by the Secretary to meet the requirements of subparagraph (A), (B), (C), or (D) of subsection (e)(1). ``(3) The terms `housing' and `related facilities' have the meanings given such terms in section 515(e). ``(s) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 1995 and 1996 such sums as may be necessary for costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees made under this section. ``(t) Termination Date.--A loan may not be guaranteed under this section after September 30, 1996.''.
Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee the repayment of loans made by private lenders for the development costs of multifamily rental housing for low- and moderate-income rural families. Permits a low-income housing tax credit under the Internal Revenue Code for housing developed from such a loan guarantee if it meets certain tax requirements. Authorizes appropriations. Terminates loan guarantee authority after FY 1996.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Autism Spectrum Disorders Initiative Act of 2011''. SEC. 2. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS INITIATIVE. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended-- (1) by redesignating section 399E (42 U.S.C. 280i-4) as section 399FF; and (2) by inserting after section 399DD the following: ``SEC. 399EE. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS INITIATIVE. ``(a) In General.--There is established in the Office of the Secretary of Health and Human Services the National Autism Spectrum Disorders Initiative (referred to in this Act as the `Initiative'). The principal goal of the Initiative is to improve the lives of persons with autism spectrum disorders through research focused on prevention, treatment, services, and cures. ``(b) Duties of the Secretary Under the Initiative.--The Secretary (or the Secretary's designee) shall-- ``(1) act as the primary Federal official with responsibility for overseeing all research on autism spectrum disorders conducted or supported by the National Institutes of Health; ``(2) approve the strategic plan described in section 399CC(b)(5) and be responsible for its implementation; ``(3) receive directly from the President and the Director of the Office of Management and Budget all funds available for autism spectrum disorder activities of the National Institutes of Health; ``(4) from the amounts received under paragraph (3) for the fiscal year, allocate, in consultation with the Director of the National Institutes of Health, to the agencies of the National Institutes of Health in accordance with the strategic plan all amounts available for such year for carrying out autism spectrum disorder activities; ``(5) to the extent practicable, allocate amounts under paragraph (4) not later than 30 days after the date on which the Secretary receives the amounts described under paragraph (3); ``(6) have authority to reallocate up to 3 percent of the total amount allocated under paragraph (4) as needs change and opportunities arise; ``(7) plan and evaluate research and other activities related to autism spectrum disorders conducted or supported by the agencies of the National Institutes of Health, evaluating the activities of each of such agencies and providing for the periodic reevaluation of such activities; ``(8) maintain communications with all relevant departments and agencies of the Federal Government to ensure the timely transmission of information concerning autism spectrum disorders; and ``(9) carry out this subsection in consultation with the heads of the agencies of the National Institutes of Health, with the advisory councils of such agencies, and with the Interagency Autism Coordinating Committee. ``(c) Sunset Provision.--This section shall not apply after the date that is 7 years after the date of the enactment of this section.''. SEC. 3. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO AUTISM SPECTRUM DISORDERS. Section 409C of the Public Health Service Act (42 U.S.C. 284g) is amended-- (1) in subsection (a)(1), by striking ``basic and clinical research'' and inserting ``basic, clinical, and translational research''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``basic and clinical research'' and inserting ``basic, clinical, and translational research''; and (ii) by inserting ``, building upon the recommendations set forth in the most recent strategic plan for autism spectrum disorders of the Interagency Autism Coordinating Committee established under section 399CC'' before the period at the end of the second sentence; and (B) by adding at the end the following: ``(6) Definition.--In this section, the term `translational', with respect to research, means emphasizing the development and delivery of effective new therapies to patients.''; and (3) in subsection (c), by inserting ``, biosamples relevant to environmental exposures,'' after ``tissues''. SEC. 4. CLARIFYING AMENDMENTS WITH RESPECT TO AUTISM INTERVENTION. Section 399BB(f) of the Public Health Service Act (42 U.S.C. 280i- 1(f)) is amended-- (a) by inserting ``to research networks'' after ``contracts''; and (b) by striking ``interventions for individuals'' and inserting ``interventions to improve the physical and behavioral health and well- being of individuals''.
National Autism Spectrum Disorders Initiative Act of 2011 - Amends the Public Health Service Act to establish the National Autism Spectrum Disorders Initiative in the Office of the Secretary of Health and Human Services (HHS) to improve the lives of persons with autism spectrum disorders through research focused on prevention, treatment, services, and cures. Requires the Secretary to: (1) act as the primary federal official with responsibility for overseeing all NIH research on autism spectrum disorders; (2) approve the autism spectrum disorder research strategic plan developed by the Interagency Autism Coordinating Committee and be responsible for its implementation; (3) receive directly from the President and the Director of the Office of Management and Budget (OMB) all funds available for autism spectrum disorder activities of NIH; (4) allocate such funds in accordance with the strategic plan; (5) allocate amounts within 30 days after receipt, to the extent practicable; (6) have authority to reallocate up to 3% of the total amount allocated as needs change and opportunities arise; (7) plan and evaluate NIH research and other activities related to autism spectrum disorders; (8) maintain communications with all relevant federal departments and agencies to ensure the timely transmission of information concerning autism spectrum disorders; and (9) carry out this Act in consultations with the heads of NIH agencies and their advisory councils and the Interagency Autism Coordinating Committee. Terminates such provisions seven years after the date of enactment of this Act. Expands authorized research for centers of excellence for autism spectrum disorders to include translational research. Requires the Director of NIH to provide for a program under which biosamples relevant to environmental exposures that are of use in research on autism spectrum disorders are donated, collected, preserved, and made available for such research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Health Practitioner Incentive Act of 1995''. SEC. 2. INCREASED MEDICARE REIMBURSEMENT FOR NURSE PRACTITIONERS AND CLINICAL NURSE SPECIALISTS. (a) Removal of Restrictions on Settings.-- (1) In general.--Section 1861(s)(2)(K)(ii) of the Social Security Act (42 U.S.C. 1395x(s)(2)(K)(ii)) is amended to read as follows: ``(ii) services which would be physicians' services if furnished by a physician (as defined in subsection (r)(1)) and which are performed by a nurse practitioner or clinical nurse specialist (as defined in subsection (aa)(5)) working in collaboration (as defined in subsection (aa)(6)) with a physician (as so defined) which the nurse practitioner or clinical nurse specialist is legally authorized to perform by the State in which the services are performed, and such services and supplies furnished as an incident to such services as would be covered under subparagraph (A) if furnished incident to a physician's professional service;''. (2) Conforming amendments.-- (A) Section 1861(s)(2)(K) of such Act (42 U.S.C. 1395x(s)(2)(K)), as amended by paragraph (1), is amended-- (i) in clause (i), by inserting ``and such services and supplies furnished as incident to such services as would be covered under subparagraph (A) if furnished as an incident to a physician's professional service.'' after ``are performed, and''; and (ii) by striking clauses (iii) and (iv). (B) Section 1861(b)(4) of such Act (42 U.S.C. 1395x(b)(4)) is amended by striking ``clauses (i) or (iii) of subsection (s)(2)(K)'' and inserting ``subsection (s)(2)(K)''. (C) Section 1862(a)(14) of such Act (42 U.S.C. 1395y(a)(14)) is amended by striking ``section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)''. (D) Section 1866(a)(1)(H) of such Act (42 U.S.C. 1395cc(a)(1)(H)) is amended by striking ``section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)''. (b) Increased Payment.-- (1) Fee schedule amount.--Section 1833(a)(1)(O) of the Social Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended to read as follows: ``(O) with respect to services described in section 1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist services), the amounts paid shall be equal to 80 percent of (i) the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848 for the same service provided by a physician who is not a specialist; or (ii) in the case of services as an assistant at surgery, the lesser of the actual charge or 85 percent of the amount that would otherwise be recognized if performed by a physician who is serving as an assistant at surgery, and''. (2) Conforming amendments.-- (A) Section 1833(r) of such Act (42 U.S.C. 1395l(r)) is amended-- (i) in paragraph (1), by striking ``section 1861(s)(2)(K)(iii) (relating to nurse practitioner or clinical nurse specialist services provided in a rural area),'' and inserting ``section 1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist services),''; (ii) by striking paragraph (2); (iii) in paragraph (3), by striking ``section 1861(s)(2)(K)(iii)'' and inserting ``section 1861(s)(2)(K)(ii)''; and (iv) by redesignating paragraph (3) as paragraph (2). (B) Section 1842(b)(12)(A) of such Act (42 U.S.C. 1395u(b)(12)(A)) is amended in the matter preceding clause (i), by striking ``clauses (i), (ii), or (iv) of section 1861(s)(2)(K) (relating to a physician assistants and nurse practitioners)'' and inserting ``section 1861(s)(2)(K)(i) (relating to physician assistants)''. (c) Direct Payment for Nurse Practitioners and Clinical Nurse Specialists.-- (1) In general.--Section 1832(a)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iv)) is amended by striking ``provided in a rural area (as defined in section 1886(d)(2)(D))''. (2) Conforming amendment.--Section 1842(b)(6)(C) of such Act (42 U.S.C. 1395u(b)(6)(C)) is amended-- (A) by striking ``clauses (i), (ii), or (iv)'' and inserting ``clause (i)''; and (B) by striking ``or nurse practitioner''. (d) Bonus Payment for Services Provided in Health Professional Shortage Areas.--Section 1833(m) of such Act (42 U.S.C. 1395l(m)) is amended-- (1) by inserting ``(1)'' after ``(m)''; and (2) by adding at the end the following new paragraph: ``(2) In the case of services of a nurse practitioner or clinical nurse specialist furnished to an individual, described in paragraph (1), in an area that is a health professional shortage area as described in such paragraph, in addition to the amount otherwise paid under this part, there shall also be paid to such service provider (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part.''. (e) Definition of Clinical Nurse Specialist Clarified.--Section 1861(aa)(5) of such Act (42 U.S.C. 1395x(aa)(5)) is amended-- (1) by inserting ``(A)'' after ``(5)''; (2) by striking ``The term ```physician assistant''' and all that follows through ``who performs'' and inserting ``The term `physician assistant' and the term `nurse practitioner' mean, for purposes of this title, a physician assistant or nurse practitioner who performs''; and (3) by adding at the end the following new subparagraph: ``(B) The term `clinical nurse specialist' means, for purposes of this title, an individual who-- ``(i) is a registered nurse and is licensed to practice nursing in the State in which the clinical nurse specialist services are performed; and ``(ii) holds a master's degree in a defined clinical area of nursing from an accredited educational institution.''. (f) Effective Date.--The amendments made by this section shall apply with respect to services furnished and supplies provided on and after July 1, 1995.
Primary Care Health Practitioner Incentive Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act, with respect to payments for medical and other health services, to cover services which would be physicians' services if furnished by a physician but: (1) which are performed by a clinical nurse specialist working in collaboration with a physician; and (2) which the clinical nurse specialist is legally authorized to perform by the State. Eliminates the requirement, with respect to such services performed by a nurse practitioner, that they be performed in a skilled nursing facility or other specified nursing facility. Covers, in addition, other services and supplies incidental to such services. Revises the formula for payment from the Federal Supplementary Medical Insurance Trust Fund for such services (thereby increasing such payment). Repeals the rural area restriction on services performed by nurse practitioners or clinical nurse specialists for which direct payment may be made. Requires a ten percent bonus payment from the Fund for services of a nurse practitioner or clinical nurse specialist furnished in a health professional shortage area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for the American Diplomats Held Hostage in Tehran Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1979, agents of the Islamic Republic of Iran stormed the United States Embassy in Tehran, taking American military and diplomatic personnel hostage. (2) The Iranian Government then held United States Embassy personnel as hostages for 444 days, subjecting them to profound physical and mental abuse, and forcing the United States to negotiate their release, under duress. (3) In the resultant agreement (commonly known as the Algiers Accords) the United States agreed, among other steps, to bar and preclude the hostages from prosecuting any claim against Iran in United States courts. (4) The Algiers Accords were never submitted to Congress for ratification and none of the hostages or their family members was consulted by the United States Government or consented to these provisions precluding prosecution of their claims. (5) Notwithstanding the applicability of legal principles which allowed the United States to renounce this obligation to bar and preclude the prosecution of claims in United States courts because they were so clearly negotiated under duress, the United States Government has repeatedly intervened in United States courts to preclude the prosecution of any claim by the hostages against Iran, arguing that, in its opinion, compliance with this agreement served overriding national security interests which justified the taking of the hostages' right to pursue compensation from Iran in United States courts. (6) The United States Government has failed to propose any process by which the hostages and their family members could be compensated for the injuries and damages suffered by them by reason of the horrific and heinous treatment while in captivity. (7) Congress has determined that the provision of compensation to the hostages and their families through, among other sources, funds obtained by vesting and liquidating property in which Iran and its surrogates claim an interest (including any funds held by the United States, including in trust) is fully consistent with the Algiers Accords. (8) Congress has determined that, only upon the payment of such compensation, should the agreement by the United States Government to bar and preclude prosecution of such claims in United States courts be confirmed and ratified by legislation, notwithstanding the duress under which the United States originally negotiated that agreement. SEC. 3. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN. (a) Common Fund for Hostages.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (as identified in case number 1:08-CV-00487 (EGS) of the United District Court for the District of Columbia). Such common fund shall-- (1) be administered to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia; and (2) be administered for purposes of satisfying such claims, as approved by the class representatives and agents identified in that case number. (b) Funding.-- (1) Sources.-- (A) Fines and penalties.-- (i) In general.--The President shall pay to the fund under subsection (a) an amount equal to 50 percent of all amounts collected as fines and penalties by reason of the application of clause (ii) on or after the date of enactment of this Act. The total amount of payments that may be made into the fund under this clause may not exceed the estimated total amount of payments to be made under subsection (d). (ii) Fines and penalties.--The maximum fines and penalties authorized to be imposed, in whole or in part, for violations of any conduct or activities with respect to any government or person by reason of their connection with or sponsorship by Iran are hereby increased by 100 percent. (B) Seized or frozen assets.--The President is authorized to pay to the fund under subsection (a)-- (i) any funds or property in which Iran has an interest, and (ii) any funds or property in which any person or entity subject to any law providing for sanctions against Iran by reason of such person's or entity's relationship to or connection with Iran has an interest, held by the United States (including in the form of a trust) or subject to any prohibition or regulation with respect to any financial transactions in connection therewith. The President is authorized to vest and liquidate any property identified in this subparagraph in order to make payment as provided in this subparagraph. (2) Timing of funding.--Payments of claims from the fund under subsection (a)-- (A) using funds held by the United States or funds that become subject to prohibition or regulation as of the date of enactment of this Act shall be made not later than 60 days of the date of enactment of this Act; and (B) using funds which come into the possession of the United States or funds that become subject to prohibition or regulation after the date of enactment of this Act shall be paid not later 60 days after coming into the possession of the United States or funds that become subject to prohibition or regulation, as the case may be. (3) Satisfaction of claims.--Payments to the fund under subsection (a) shall be made until the amounts described in subsection (d) are satisfied in full. If the President determines that the amounts can be fully satisfied within 1 year after the date of enactment of this Act from funds other than those held by the United States as trustee, the President may defer payment of funds held by the United States as trustee until one year after such date of enactment, but shall ensure during such 1-year period of deferral that any such funds held by the United States as trustee shall not be disbursed, transferred or otherwise constrained for payment as otherwise may be required under this Act. (c) Distribution of Funds.-- (1) In general.--Funds paid to the fund under subsection (b) shall be distributed by the class representatives and agents to the former American hostages in Iran and their survivors (as identified in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia) in the amounts described in subsection (d). (2) Priority.--Subject to subsection (d), payments from funds paid to the fund under subsection (b) shall be distributed as follows: (A) First, to each living former hostage identified as a class member under subsection (a)(1). (B) Second, to the estate of each deceased former hostage identified as a class member under subsection (a)(1). (C) Third, to each spouse or child of a former hostage identified as a class member under subsection (a)(1) if the spouse or child is identified as a class member under subsection (a)(1). (d) Amount of Payments.--The amount of payments from funds paid to the fund under subsection (b) shall be distributed as follows: (1) For each former hostage described in subsection (c)(2)(A), $10,000 for each day of captivity of the former hostage. (2) For the estate of each deceased former hostage described in subsection (c)(2)(B), $10,000 for each day of captivity of the former hostage. (3) For each spouse or child of a former hostage described in subsection (c)(2)(C), $5,000 for each day of captivity of the former hostage. (e) Subrogation.--The United States shall be fully subrogated, with respect to payments under this Act, to all rights of each individual paid under subsection (d) against the Government of Iran or the Iranian Revolutionary Guard Corps or its affiliates or agents. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways until such subrogated claims have been resolved to the satisfaction of the United States. (f) Preclusion of Suit and Waiver of Claims.--Upon payment of all amounts described in subsection (d), each person receiving such payment shall be precluded from bringing suit against Iran of any claim arising out of events occurring between November 3, 1979, and January 20, 1981, and all such claims as against Iran shall be deemed waived and forever released. (g) Reimbursement of Seized or Frozen Assets.--Upon payment of all amounts described in subsection (d), the President is authorized to make payments from amounts paid to the fund under subsection (b)(1)(A) to any person or entity described in subsection (b)(1)(B) for purposes of reimbursing such person or entity for funds or property of such person or entity held by the United States as identified in subsection (b)(1)(B). (h) Deposit of Funds in the Treasury.--Any amounts in the fund under subsection (a) which remain after the date on which payments of all amounts described in subsection (d) are made, or the date that is 2 years after the date of the enactment of this Act, whichever occurs later, shall be deposited in the Treasury of the United States.
Justice for the American Diplomats Held Hostage in Tehran Act - Directs the Secretary of the Treasury to establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (case number 1:08-CV-00487 (EGS) of the U.S. District Court for the District of Columbia) in order to pay claims to the American hostages and to family members identified as class members. Finances the fund from: (1) fines and penalties for violations of activities with respect to any government or person by reason of a connection with Iran, and (2) seized or frozen Iranian assets or assets from persons or entities subject to Iran-related sanctions. Sets forth payment priority and amount provisions. States that the United States shall be fully subrogated with respect to payments to all rights of each individual paid under this Act against the government of Iran or the Iranian Revolutionary Guard Corps (IRGC).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fair Prepayment Act''. SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment amounts.-- ``(A) Requirement.--Notwithstanding any other provision of this subsection or any other provision of law-- ``(i) with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans; and ``(ii) except as provided in clause (i), with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have the same applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest principal balance among such loans. ``(B) Eligible borrower.-- ``(i) In general.--For purposes of this paragraph, the term `eligible borrower' means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. ``(C) Exceptions.--This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan.''. SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS. Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period-- ``(I) with respect to loans held by the same institution and which have different applicable rates of interest, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and ``(II) except as provided in subclause (I), with respect to loans held by the same institution and which have the same applicable rates of interest, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest principal balance among such loans, unless otherwise requested by the borrower in writing; and ``(iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees;''. SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment amounts.-- ``(A) In general.--Notwithstanding any other provision of law-- ``(i) with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans; and ``(ii) except as provided in clause (i), with respect to a borrower with more than one private education loan which are held by the same holder and which have the same applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest principal balance among such loans. ``(B) Exception.-- ``(i) In general.--Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder.''.
Student Loan Fair Prepayment Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require a student loan borrower's prepayment amount on a Federal Family Education Loan, Federal Direct Loan, or Federal Perkins Loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate. Additionally, it amends the Truth in Lending Act to require a borrower's prepayment amount on a private education loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate.
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