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SECTION 1. SHORT TITLE. This Act may be cited as the ``Repairing Young Women's Lives Around the World Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Every minute, 1 woman dies from pregnancy-related complications. 95 percent of these women live in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, 15 to 30 women survive but experience chronic disabilities. The worst is obstetric fistula which is caused when a woman who needs trained medical assistance for a safe delivery, including Caesarian section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina, after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal wall, destroying the tissue and leaving a wound. (4) According to the Department of State: ``Pregnancy at an early age often leads to obstetric fistulae and permanent incontinence. [In Ethiopia], treatment is available at only 1 hospital in Addis Ababa that performs over 1,000 fistula operations a year. It estimates that for every successful operation performed, 10 other young women need the treatment. The maternal mortality rate is extremely high due, in part, to food taboos for pregnant women, poverty, early marriage, and birth complications related to FGM [Female Genital Mutilation], especially infibulation.''. (5) Obstetric fistula affects women who survive obstructed labor. (6) In nearly every case of obstetric fistula, the baby will be stillborn and the mother will have physical pain as well as social and emotional trauma from the loss of her child. (7) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (8) The social consequences for women with obstetric fistula include isolation and lack of opportunity, divorce or abandonment, ridicule and shame, inability to start a family, illness, and risk of violence. (9) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (10) Obstetric fistula was once common throughout the world, but over the last century has been eradicated in Europe, North America, and other developed regions through improved medical care. (11) Obstetric fistula is fully preventable by having a trained medical attendant present during labor and childbirth, delaying early marriage and childbirth, and gaining access to family planning. (12) Obstetric fistula can also be surgically repaired. Surgery requires a specially trained surgeon and support staff, access to an operating theater and to attentive post-operative care. Success rates for surgical repair of fistula are close to 90 percent and cost between $100 and $400. (13) In 2003, the United Nations Population Fund (UNFPA) launched a global campaign to identify and address the incidence of obstetric fistula in Africa and Asia in an effort to develop a means to repair those who are suffering and provide the necessary health services to prevent further cases. The campaign currently supports 20 countries in Africa and Asia and provides surgery to women, trains doctors and nurses, equips hospitals, and undertakes community outreach to prevent further cases. (14) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and the Administration's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (15) The UNFPA is working in 89 countries to reduce maternal death and disability, including obstetric fistula, through preventive, curative, and rehabilitative methods. (16) In the winter of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of the UNFPA and for securing funding for the organization. (17) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to the UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of internally displaced persons within Afghanistan. (18) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to the UNFPA of up to $34,000,000 in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law (Public Law 107-115) by the President on January 10, 2002. However, the President decided not to obligate the funds. (19) In May 2002, the President sent a 3-person delegation to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (20) This independent delegation concluded that such allegations were untrue. (21) On May 29, 2002, the delegation sent a letter to the Secretary of State stating the following: ``First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC. First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.''. (22) Regrettably, the Administration overruled the recommendation of its own delegation and invoked an overly broad interpretation of the law in order to eliminate funding for UNFPA. SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. Notwithstanding any other provision of law, in addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $34,000,000 for fiscal year 2004 and each subsequent fiscal year to be available only for United States voluntary contributions to the United Nations Population Fund (UNFPA) only for prevention, remedy, and repair of obstetric fistula.
Repairing Young Women's Lives Around the World Act - Authorizes appropriations to be used only for U.S. voluntary contributions to the United Nations Population Fund (UNFPA) for prevention, remedy, and repair of obstetric fistula.
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SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OPPORTUNITY ACT. (a) Extension of Third-Country Fabric Program.--Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended-- (1) in the paragraph heading, by striking ``2012'' and inserting ``2015''; (2) in subparagraph (A), by striking ``2012'' and inserting ``2015''; and (3) in subparagraph (B)(ii), by striking ``2012'' and inserting ``2015''. (b) Addition of South Sudan.--Section 107 of that Act (19 U.S.C. 3706) is amended by inserting after ``Republic of South Africa (South Africa).'' the following: ``Republic of South Sudan (South Sudan).''. (c) Conforming Amendment.--Section 102(2) of that Act (19 U.S.C. 3701(2)) is amended by striking ``48''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES OF ORIGIN FOR THE DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE AGREEMENT. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' has the meaning given the term in section 3(1) of the Dominican Republic-Central America- United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(1)). (2) CAFTA-DR country.--The term ``CAFTA-DR country'' has the meaning given the term in section 3(2) of the Dominican Republic- Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(2)). (3) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States. (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (b) Modifications to the Textile and Apparel Rules of Origin.-- (1) Interpretation and application of rules of origin.-- Subdivision (m)(viii) of general note 29 of the HTS is amended as follows: (A) The matter following subdivision (A)(2) is amended by striking the second sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in the originating yarns referred to in subdivision (A)(2) must be formed in the territory of one or more of the parties to the Agreement.''. (B) Subdivision (B) is amended-- (i) in the matter preceding subdivision (B)(1), by striking ``exclusive of collars and cuffs where applicable,'' and inserting ``exclusive of collars, cuffs and ribbed waistbands (only if the ribbed waistband is present in combination with cuffs and identical in fabric construction to the cuffs) where applicable,''; (ii) in subdivision (B)(2), by inserting ``or knit to shape components'' after ``one or more fabrics''; (iii) by amending subdivision (B)(3) to read as follows: ``(3) any combination of the fabrics referred to in subdivision (B)(1), the fabrics or knit to shape components referred to in subdivision (B)(2), or one or more fabrics or knit to shape components originating under this note.''; and (iv) in the matter following subdivision (B)(3), by striking the last sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (B)(3) must be formed in the territory of one or more of the parties to the Agreement.''. (C) Subdivision (C) is amended-- (i) in subdivision (C)(2), by inserting ``or knit to shape components'' after ``one or more fabrics''; (ii) by amending subdivision (C)(3) to read as follows: ``(3) any combination of the fabrics referred to in subdivision (C)(1), the fabrics or knit to shape components referred to in subdivision (C)(2) or one or more fabrics or knit to shape components originating under this note.''; and (iii) in the matter following subdivision (C)(3), by striking the second sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (C)(3) must be formed in the territory of one or more of the parties to the Agreement.''. (2) Change in tariff classification rules.--Subdivision (n) of general note 29 of the HTS is amended as follows: (A) Chapter rule 4 to chapter 61 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (B) The chapter rules to chapter 61 are amended by inserting after chapter rule 5 the following: ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 61 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5 to this chapter, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (C) Chapter rules 3, 4, and 5 to chapter 62 are each amended by striking ``nightwear'' each place it appears and inserting ``sleepwear''. (D) Chapter rule 4 to chapter 62 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (E) The chapter rules to chapter 62 are amended by inserting after chapter rule 5 the following: ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 62 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (F) Tariff classification rule 33 to chapter 62 is amended to read as follows: ``33. A change to pajamas and sleepwear of subheadings 6207.21 or 6207.22, tariff items 6207.91.30 or 6207.92.40, subheadings 6208.21 or 6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any other chapter, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.''. (G) Chapter rule 2 to chapter 63 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (H) The chapter rules to chapter 63 are amended by inserting after chapter rule 2 the following: ``Chapter rule 3: Notwithstanding chapter rule 2 to this chapter, a good of this chapter shall be considered originating regardless of the origin of sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 2 to this chapter, provided the thread or yarn is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (3) Effective date.-- (A) In general.--The amendments made by this subsection apply to goods of a CAFTA-DR country that are entered, or withdrawn from warehouse for consumption, on or after the date that the Trade Representative determines is the first date on which the equivalent amendments to the rules of origin of the Agreement have entered into force in all CAFTA-DR countries. (B) Publication of determination.--The Trade Representative shall promptly publish notice of the determination under subparagraph (A) in the Federal Register. SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF 2003. (a) Extension of Burmese Freedom and Democracy Act of 2003.-- Section 9(b)(3) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by striking ``nine years'' and inserting ``twelve years''. (b) Renewal of Import Restrictions.-- (1) In general.--Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003. (2) Rule of construction.--This section shall be deemed to be a ``renewal resolution'' for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003. (c) Effective Date.--This section and the amendment made by this section shall take effect on the date of the enactment of this Act or July 26, 2012, whichever occurs first. SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. Notwithstanding section 6655 of the Internal Revenue Code of 1986-- (1) in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2017 shall be 100.25 percent of such amount; and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph. SEC. 5. EXTENSION OF CUSTOMS USER FEES. Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (1) in subparagraph (A), by striking ``August 2, 2021'' and inserting ``October 22, 2021''; (2) in subparagraph (B)(i), by striking ``December 8, 2020'' and inserting ``October 29, 2021''; and (3) by striking subparagraphs (C) and (D). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(Sec. 1) Amends the African Growth and Opportunity Act to extend through FY2015 the third-country fabric rule granting duty-free treatment of apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries, regardless of the country of origin of the fabric or the yarn used to make such articles. Revises the term "sub-Saharan African country" to include the Republic of South Sudan (South Sudan) under such Act. (Sec. 2) Amends the Harmonized Tariff Schedule of the United States to modify textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). (Sec. 3) Amends the Burmese Freedom and Democracy Act of 2003 to renew, for three years, the President's authority to ban the import of Burmese products. Approves the renewal of certain import restrictions contained in the Act. Deems this resolution a renewal resolution which shall take effect upon its enactment or July 26, 2012, whichever occurs first. (Sec. 4) Amends the Internal Revenue Code to require estimated tax payments which are otherwise due in the third quarter of 2017 for corporations with assets of at least $1 billion to be 100.25% of such amount. Requires the next required installment to be appropriately reduced to reflect the amount of this increase. (Sec. 5) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs users fees for the processing of merchandise entered into the United States from August 2, 2021, to October 22, 2021, and other specified customs users fees from December 8, 2020, to October 29, 2021.
{"src": "billsum_train", "title": "To amend the African Growth and Opportunity Act to extend the third-country fabric program and to add South Sudan to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes."}
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SECTION 1. REDUCTION IN TAX RATES. (a) Individual Tax Rates.-- (1) In general.-- (A) Reduction in rate for initial bracket amount.-- Clause (i) of section 1(i)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(8 percent for taxable years beginning after December 31, 2017)'' after ``10 percent''. (B) Reduction in rate for 15-, 25-, 28-, and 33-percent rate brackets.--Paragraph (2) of section 1(i) of such Code is amended to read as follows: ``(2) Reduction in rates.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `13%' for `15%' each place it appears, ``(B) by substituting `23%' for `28%' each place it appears, ``(C) by substituting `26%' for `31%' each place it appears, and ``(D) by substituting `31%' for `36%' each place it appears.''. (C) Reduction in rate for highest rate brackets.-- Subparagraph (A) of section 1(i)(3) of such Code is amended-- (i) by inserting ``(33 percent for taxable years beginning after December 31, 2017)'' after ``35 percent'' in clause (i), and (ii) by inserting ``(37.6 percent for taxable years beginning after December 31, 2017)'' after ``39.6 percent'' in clause (ii). (D) Conforming amendments.-- (i) Subparagraph (B) of section 1(g)(7) of the Internal Revenue Code of 1986 is amended by striking ``10 percent'' and inserting ``8 percent''. (ii) Paragraph (1) of section 1(h) of such Code is amended-- (I) by striking ``25 percent'' in subparagraph (A)(ii)(I) and inserting ``23 percent'', (II) by striking ``25 percent'' in subparagraph (B)(i) and inserting ``23 percent'', and (III) by striking ``39.6 percent'' in subparagraph (C)(ii)(I) and inserting ``37.6 percent''. (iii) Section 3402(p)(2) of such Code is amended by striking ``10 percent'' and inserting ``8 percent''. (2) Capital gains rates.-- (A) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``15 percent'' in subparagraph (C) and inserting ``13 percent'', (ii) by striking ``20 percent'' in subparagraph (D) and inserting ``18 percent'', (iii) by striking ``25 percent'' in subparagraph (E) and inserting ``23 percent'', and (iv) by striking ``28 percent'' in subparagraph (F) and inserting ``26 percent''. (B) Rate under alternative minimum tax.--Paragraph (3) of section 55(b) of such Code is amended-- (i) by striking ``15 percent'' in subparagraph (C) and inserting ``13 percent'', (ii) by striking ``20 percent'' in subparagraph (D) and inserting ``18 percent'', and (iii) by striking ``25 percent'' in subparagraph (E) and inserting ``23 percent''. (C) Conforming amendments.--The following sections are each amended by striking ``20 percent'' and inserting ``18 percent'': (i) Section 1445(e)(1). (ii) The second sentence of section 7518(g)(6)(A). (iii) Section 53511(f)(2) of title 46, United States Code. (b) Corporate Tax Rates.-- (1) In general.--Section 11(b) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1)-- (i) by striking ``15 percent'' in subparagraph (A) inserting ``13 percent'', (ii) by striking ``25 percent'' in subparagraph (B) and inserting ``23 percent'', (iii) by striking ``34 percent'' in subparagraph (C) and inserting ``32 percent'', and (iv) by striking ``35 percent'' in subparagraph (C) and inserting ``33 percent'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``33 percent''. (2) Conforming amendments.-- (A) Section 1201(a) of such Code is amended by striking ``35 percent'' each place it appears and inserting ``33 percent''. (B) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``33 percent''. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2017. (2) Amendments related to withholding.--The amendments made by subsections (a)(1)(D)(iii) and (c)(2)(B) shall take effect on January 1, 2018.
This bill amends the Internal Revenue Code to reduce the individual and corporate income tax rates by specified amounts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Information Security Management Reform Act of 2015''. SEC. 2. DUTIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO INFORMATION SECURITY. Section 3553(b)(6) of title 44, United States Code, is amended by striking subparagraphs (B), (C), and (D) and inserting the following: ``(B) operating consolidated intrusion detection, prevention, or other protective capabilities and use of associated countermeasures for the purpose of protecting agency information and information systems from information security threats; ``(C) providing incident detection, analysis, mitigation, and response information and remote or onsite technical assistance to the head of an agency; ``(D) compiling and analyzing data on agency information security; ``(E) developing and conducting targeted risk assessments and operational evaluations for agency information and information systems in consultation with the heads of other agencies or governmental and private entities that own and operate such systems, that may include threat, vulnerability, and impact assessments; ``(F) in conjunction with other agencies and the private sector, assessing and fostering the development of information security technologies and capabilities for use across multiple agencies; and ``(G) coordinating with appropriate agencies and officials to ensure, to the maximum extent feasible, that policies and directives issued under paragraph (2) are complementary with-- ``(i) standards and guidelines developed for national security systems; and ``(ii) policies and directives issued by the Secretary of Defense and the Director of National Intelligence under subsection (e)(1); and''. SEC. 3. COMMUNICATIONS AND SYSTEM TRAFFIC AND DIRECTION TO AGENCIES. Section 3553 of title 44, United States Code, is amended by adding at the end the following: ``(h) Communications and Systems Traffic.-- ``(1) In general.-- ``(A) Acquisition by the secretary.-- Notwithstanding any other provision of law and subject to subparagraph (B), in carrying out the responsibilities under subparagraphs (B), (C), and (E) of subsection (b)(6), if the Secretary makes a certification described in paragraph (2), the Secretary may acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic. ``(B) Exception.--The authorities of the Secretary under this subsection shall not apply to a communication or other system traffic that is transiting to or from or stored on a system described in paragraph (2) or (3) of subsection (e). ``(C) Disclosure by federal agency heads.--The head of a Federal agency or department is authorized to disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (A), information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary. ``(2) Certification.--A certification described in this paragraph is a certification by the Secretary that-- ``(A) the acquisitions, interceptions, and other countermeasures are reasonably necessary for the purpose of protecting agency information systems from information security threats; ``(B) the content of communications will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats; ``(C) information obtained under activities authorized under this subsection will only be retained, used, or disclosed to protect agency information systems from information security threats, mitigate against such threats, or, with the approval of the Attorney General, for law enforcement purposes when the information is evidence of a crime which has been, is being, or is about to be committed; ``(D) notice has been provided to users of agency information systems concerning the potential for acquisition, interception, retention, use, and disclosure of communications and other system traffic; and ``(E) the activities are implemented pursuant to policies and procedures governing the acquisition, interception, retention, use, and disclosure of communications and other system traffic that have been reviewed and approved by the Attorney General. ``(3) Private entities.--The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. ``(4) No cause of action.--No cause of action shall exist against a private entity for assistance provided to the Secretary in accordance with paragraph (3). ``(i) Direction to Agencies.-- ``(1) Authority.-- ``(A) In general.--Notwithstanding section 3554, and subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to the information security of an agency, the Secretary may issue a directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems owned or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat. ``(B) Exception.--The authorities of the Secretary under this subsection shall not apply to a system described in paragraph (2) or (3) of subsection (e). ``(2) Procedures for use of authority.--The Secretary shall-- ``(A) in coordination with the Director and in consultation with Federal contractors, as appropriate, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include-- ``(i) thresholds and other criteria; ``(ii) privacy and civil liberties protections; and ``(iii) providing notice to potentially affected third parties; ``(B) specify the reasons for the required action and the duration of the directive; ``(C) minimize the impact of a directive under this subsection by-- ``(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and ``(ii) limiting directives to the shortest period practicable; and ``(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under this subsection. ``(3) Imminent threats.-- ``(A) In general.--If the Secretary determines that there is an imminent threat to agency information systems and a directive under this subsection is not reasonably likely to result in a timely response to the threat, the Secretary may authorize the use of protective capabilities under the control of the Secretary for communications or other system traffic transiting to or from or stored on an agency information system without prior consultation with the affected agency for the purpose of ensuring the security of the information or information system or other agency information systems. ``(B) Limitation on delegation.--The authority under this paragraph may not be delegated to an official in a position lower than an Assistant Secretary of the Department of Homeland Security. ``(C) Notice.--The Secretary shall immediately notify the Director and the head and chief information officer (or equivalent official) of each affected agency of-- ``(i) any action taken under this subsection; and ``(ii) the reasons for and duration and nature of the action. ``(D) Other law.--Any action of the Secretary under this paragraph shall be consistent with applicable law. ``(4) Limitation.--The Secretary may direct or authorize lawful action or protective capability under this subsection only to-- ``(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or ``(B) require the remediation of or protect against identified information security risks with respect to-- ``(i) information collected or maintained by or on behalf of an agency; or ``(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.''. SEC. 4. REPORT TO CONGRESS REGARDING OFFICE OF MANAGEMENT AND BUDGET ENFORCEMENT ACTION. Section 3553 of title 44, United States Code, as amended by section 3, is further amended by inserting at the end the following new subsection: ``(j) Annual Report to Congress.-- ``(1) Requirement.--Not later than February 1 of every year, the Director shall report to the appropriate congressional committee regarding the specific actions the Director has taken pursuant to subsection (a)(5), including any actions taken pursuant to paragraph (5) of title 40 of section 11303(b). ``(2) Appropriate congressional committee.--In this subsection, the term `appropriate congressional committee' means-- ``(A) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives.''.
Federal Information Security Management Reform Act of 2015 Requires the Department of Homeland Security (DHS), in administering federal agencies' implementation of information system security policies, to: (1) operate consolidated intrusion detection, prevention, or protective capabilities and use of associated countermeasures to protect agency information and systems from security threats; (2) provide incident detection, analysis, mitigation, and response information and remote or onsite technical assistance; (3) develop and conduct impact assessments in consultation with other agencies and private entities; (4) foster development of technologies for use across multiple agencies in conjunction with other agencies and the private sector; and (5) coordinate such information security policies with standards for national security systems and policies issued by the Department of Defense (DOD) and the Director of National Intelligence. Authorizes the DHS Secretary to acquire, intercept, retain, use, and disclose communications and system traffic transiting to or from or stored on agency information systems and deploy countermeasures if the Secretary certifies that: (1) the measures are reasonably necessary to protect agency information systems from security threats; (2) content of communications will not be retained, and traffic will not be subject to countermeasures, unless associated with a known or reasonably suspected information security threat; (3) the information will be used for law enforcement purposes only with the Attorney General's approval when the information is evidence of a crime; (4) system users have been notified of the potential for such an acquisition or disclosure; and (5) the procedures have been approved by the Attorney General. Allows agency heads to disclose such information to the Secretary notwithstanding any other law that would otherwise restrict or prevent such disclosures. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Authorizes the Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of a system that maintains agency information in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to an agency's information security; or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control if there is an imminent threat and a directive is unlikely to be timely. Exempts DOD and the intelligence community from such procedures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Library Media Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) in order to prepare our Nation's children for the challenges of the future, as well as keeping our Nation competitive in a global economy, every elementary and secondary school in the United States should be equipped with the best and most up-to-date library resources, certified library media specialists, access to advanced technology, and instruction on the use of library and information resources; (2) our Nation's elementary and secondary school libraries are primarily dependent on a core of deteriorating and out-of- date library materials purchased with original funding from the Elementary and Secondary Education Act of 1965; (3) school library media center expenditures, when adjusted for inflation, have declined 16 percent in public schools since 1979; and (4) small and rural school libraries are further disadvantaged because of small budgets based on low student enrollments, and limited access to resources, services, and personnel. (b) Statement of Purpose.--It is the purpose of this Act to-- (1) establish within the Department of Education Office of Educational Research and Improvement a Division of Elementary and Secondary School Library Media Services to provide information and leadership to school library media programs and personnel nationwide; (2) provide continued funding for elementary and secondary school library media program improvement, equity, innovation, and technological advancement; (3) establish a partnership program for elementary and secondary school teachers and school library media specialists to jointly design resource and curriculum-based instructional activities that provide opportunities for students to access a broad diversity of resources and information, and other languages and cultures, including materials that will encourage understanding; and (4) establish a partnership program for encouraging uses of technology and the sharing of information and access to resources by elementary and secondary school students, school library media specialists, and teachers. SEC. 3. ESTABLISHMENT AND FUNCTIONS OF THE DIVISION OF ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA SERVICES. (a) Division Established.--Section 209 of the Department of Education Organization Act (20 U.S.C. 3419) is amended-- (1) by inserting ``(a) Office.--'' before ``There''; and (2) by adding at the end the following new subsection: ``(b) Division.--There is established within the Office of Educational Research and Improvement a Division of Elementary and Secondary School Library Media Services, to be administered by a Director of such Division.''. (b) Functions of the Division.--Part A of title IV of the General Education Provisions Act (20 U.S.C. 1221c) is amended by inserting after section 405 the following new section: ``SEC. 405A. DIVISION OF LIBRARY MEDIA SERVICES. ``(a) Functions.--The Division of Elementary and Secondary School Library Media Services established in section 209(b) of the Department of Education Organization Act shall-- ``(1) provide information and leadership to elementary and secondary school library media specialists, teachers, and school administrators in order to encourage improvement of educational programs, train library personnel, use advanced technology, and develop library resources, including resources that will encourage students to acquire skills in other languages; and ``(2) monitor and administer-- ``(A) the grant programs for elementary and secondary school library media center resource development; ``(B) elementary and secondary school library media specialist and teacher partnership grants for innovative education; and ``(C) grants for uses of technology in the classroom that are linked to the library media center. ``(b) Elementary and Secondary School Library Media Program.-- ``(1) Establishment of the elementary and secondary school library media resource development program.--The Director shall award grants from allocations under paragraph (2) to States for the acquisition of school library media resources for the use of students, library media specialists, and teachers in public elementary and secondary schools. ``(2) Allocation to states.--From the amount appropriated pursuant to the authority of paragraph (5) in each fiscal year, the Director shall allocate to each State having an approved plan under paragraph (3) an amount which bears the same relationship to such funds as the amount such State received under chapter 2 of title I of the Elementary and Secondary Education Act of 1965 in such year bears to the amount all States received under such chapter in such year. ``(3) State plans.--In order for a State to receive an allocation of funds under paragraph (2) for any fiscal year such State shall have in effect for such fiscal year a State plan. Such plan shall-- ``(A) designate the State educational agency as the State agency responsible for the administration and supervision of the program described in this section; ``(B) set forth a program under which funds paid to the State from its allocation under paragraph (2) will be expended solely for-- ``(i) acquisition of school library media resources, including foreign language resources, for the use of students, school library media specialists, and teachers in elementary and secondary schools in the United States; and ``(ii) administration of the State plan, including development and revision of standards relating to school library media resources, except that the amount used for administration of the State plan in any fiscal year shall not exceed 5 percent of the amount allocated to such State under paragraph (2) for such fiscal year; and ``(C) set forth the criteria to be used in allotting funds for school library media resources among the local educational agencies of the State, which allotment shall take into consideration the relative need of the students, school media specialists, and teachers to be served. ``(4) Distribution of allocation to local educational agencies.-- ``(A) Distribution rule.--From the funds allocated to a State under paragraph (2) in each fiscal year, such State shall distribute not less than 95 percent of such funds in such year to local educational agencies within such State according to the relative enrollment of students in public elementary and secondary schools within the school districts of such State, adjusted to provide higher per-pupil allotments to local educational agencies that have the greatest number or percentages of students whose education imposes a higher than average cost per child, such as those students-- ``(i) living in areas with high concentrations of low-income families; ``(ii) from low-income families; and ``(iii) living in sparsely populated areas. ``(B) Calculation of enrollment.--The calculation of relative enrollments under subparagraph (A) shall be made on the basis of the total number of students enrolled in public schools in the State. ``(5) Authorization of appropriations.--There are authorized to be appropriated $200,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(c) Establishment of the School Library Media Specialist and Teacher Partnerships for Instructional Innovation Program.-- ``(1) Program established.--The Director shall award grants for projects that-- ``(A) encourage collaboration between public elementary and secondary school library media specialists and teachers in order to develop units of instruction that enable elementary and secondary school students to use a variety of information resources; and ``(B) expand students' information-gathering abilities and cognitive skills of selection, analysis, evaluation, and application. ``(2) Authorization of appropriations.--There are authorized to be appropriated $20,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(d) Establishment of the Uses of Technology in the Classroom Program.-- ``(1) Program established.-- ``(A) In general.--The Director shall award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs designed to-- ``(i) expand the use of computers and computer networks in the curriculum; and ``(ii) enable elementary and secondary school library media centers to access information from computerized databases. ``(B) Cooperative agreements.--The Director may enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this section. ``(2) Authorization of appropriations.--There are authorized to be appropriated $40,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(e) Construction.--Nothing in this section shall be construed to interfere with State and local initiative and responsibility in the conduct and support of school library media services, the administration of school library media centers, or the selection of personnel or library books and materials. ``(f) Supplementation.--Funds provided under this section shall be used so as to supplement and not supplant other Federal, State, or local funds available to carry out the activities and services assisted under this section. ``(g) Definitions.--For the purpose of this section-- ``(1) the term `Director' means the Director of the Division of Elementary and Secondary School Library Media Services established pursuant to section 209(b) of the Department of Education Organization Act; ``(2) the term `elementary school' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965; ``(3) the term `local educational agency' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; ``(4) the term `secondary school' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965; ``(5) the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and ``(6) the term `State educational agency' has the same meaning given to such term by section 1471(23) of the Elementary and Secondary Education Act of 1965.''.
Elementary and Secondary School Library Media Act - Amends the Department of Education Organization Act to establish a Division of Elementary and Secondary School Library Media Services within the Office of Educational Research and Improvement. Requires the Director of the Division to award grants to States for acquisition of school library media resources for public elementary and secondary schools. Sets forth requirements for allocation to States, State plans, and State distribution of allocation to local educational agencies. Authorizes appropriations. Requires the Director to award grants for projects that: (1) encourage collaboration between public elementary and secondary library media specialists and teachers to develop instructional units that enable students to use a variety of information resources; and (2) expand students' information-gathering abilities and certain cognitive skills. Authorizes appropriations. Requires the Director to award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs to: (1) expand use of computers and computer networks in the curriculum; and (2) enable elementary and secondary school library media centers to access information from computerized databases. Authorizes the Director to enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this grants program. Authorizes appropriations. Requires that funds under this Act supplement and not supplant other Federal, State, or local funds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Screening Incentive Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Studies have shown that early detection and screening for cancer can reduce cancer morbidity by as much as 50 percent for certain types of cancer. (2) Of the 1.17 million Americans diagnosed with cancer in 1993, the American Cancer Society estimates that 100,000 deaths could be avoided through early detection and prompt treatment. (3) Physicians report that concern about the costs of early detection procedures is one of the main reasons for hesitating to order such procedures. (4) Many low-income Americans lack comprehensive health insurance coverage and the majority of existing health insurance policies do not adequately cover the costs of cancer early detection and screening procedures. (5) Socioeconomically disadvantaged Americans are disproportionately affected by cancer in terms of incidence and mortality. (6) Demographic forecasts predict that the elderly population will double by the year 2020. Since cancer mortality and incidence rates rise dramatically with age, cancer prevention in the elderly population will become increasingly important. SEC. 3. CANCER SCREENING CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CANCER SCREENING TEST CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year expenditures paid or incurred during the taxable year for any qualified cancer screening test which is included in the list under subsection (c) and which is not compensated by insurance or otherwise, as follows: ``(1) Eligible individual.--In the case of an eligible individual, the amount of the credit allowable under this subsection shall not exceed-- ``(A) $250, or ``(B) $200 in the case of a taxpayer with taxable income for the taxable year in excess of the maximum rate of taxable income to which the 15-percent rate applies under the applicable table under section 1. ``(2) Qualified cancer screening provider.--In the case of a qualified cancer screening provider, the amount of the credit allowable under this subsection shall be an amount equal to the product of-- ``(A) the lower of-- ``(i) the usual and customary charges for qualified cancer screening tests, or ``(ii) the rate of payment established by the Health Care Financing Administration for qualified cancer screening tests, multiplied by-- ``(B) the number of qualified cancer screening tests provided without charge during the taxable year to qualifying low-income individuals. ``(b) Definitions.--For purposes of subsection (a)-- ``(1) Eligible individual.--The term `eligible individual' means an individual who is-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any individual for whom the taxpayer is allowed an exemption under section 151. ``(2) Qualified cancer screening provider.--The term `qualified cancer screening provider' means a medical practitioner, facility, hospital, laboratory, or similar institution licensed under State law to provide 1 or more qualified cancer screening tests. ``(3) Qualifying low-income individual.--The term `qualifying low-income individual' means an individual-- ``(A) whose income level does not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved, and ``(B) with respect to whom identifying information is maintained. ``(c) Qualified Cancer Screening Tests.-- ``(1) In general.--For purposes of this section, the Secretary, after consultation with the Secretary of Health and Human Services and cancer research and prevention organizations, shall publish, not later than December 31, 1993, and annually thereafter, a list of cancer screening tests which qualify for the credit allowable under this section. ``(2) Cancer screening tests.--The list of cancer screening tests which qualify under this section shall include at least the following tests: ``(A) Physical breast examination and mammogram for female breast cancer. ``(B) Digital rectal examination, proctosigmoidoscopy, and blood stool test for colon and rectum cancer. ``(C) Rectal examination for prostate cancer. ``(D) Pap test for uterine cancer. ``(E) Pelvic examination for ovarian cancer. ``(d) Identifying Information.--No credit shall be allowed under this section unless the qualified cancer screening provider maintains, to the satisfaction of the Secretary, adequate records regarding the name and address, date of testing, and type of test provided with respect to each qualifying low-income individual with respect to whom a credit is claimed.'' (b) Coordination With Deductions for Medical Expenses.--Section 213(f) of such Code (relating to coordination with health insurance credit under section 32) is amended-- (1) by inserting ``and the amount (if any) of the cancer screening test credit allowable to the taxpayer for the taxable year under section 35(a)(1)'' before the end period; and (2) by inserting ``and Cancer Screening Test Credit Under Section 35'' in the heading after ``Section 32''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting: ``Sec. 35. Cancer screening test credit. ``Sec. 36. Overpayments of tax.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.
Cancer Screening Incentive Act of 1993 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Care for Kids Act of 2009''. SEC. 2. GRANTS REGARDING VISION CARE FOR CHILDREN. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399Z-1. GRANTS REGARDING VISION CARE FOR CHILDREN. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- ``(1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; ``(2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; and ``(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. ``(b) Criteria and Coordination.-- ``(1) Criteria.--The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- ``(A) governing the operation of the grant program under subsection (a); and ``(B) for the collection of data related to vision assessment and the utilization of follow-up services. ``(2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program) (42 U.S.C. 1396 et seq.), the program under title XXI of such Act (relating to the State children's health insurance program) (42 U.S.C. 1397aa et seq.), and with other Federal or State programs that provide services to children. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- ``(A) information on existing Federal, Federal- State, or State-funded children's vision programs; ``(B) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non- profit entities); ``(C) a plan to determine if a grant eligible child has been identified as provided for in subsection (a); ``(D) a description of how funds will be used to provide items or services, only as a secondary payer for an eligible child; ``(E) an assurance that the State will not eliminate or otherwise reduce vision care benefits for children under the State plan under title XIX of the Social Security Act for purposes of receiving such a grant; and ``(F) an assurance that amounts received under the grant are expended on an eligible child as defined in paragraph (2). ``(2) Eligible child.--For purposes of paragraph (1), the term eligible child means a child that-- ``(A) is not covered under a health insurance policy that provides coverage for vision services; ``(B) is not otherwise eligible to receive coverage of such services under a State plan under title XIX of the Social Security Act, under the program under title XXI of such Act, under any State health care compensation program, or under any other Federal or State health benefits program; and ``(C) is a low income child (as defined by the State). ``(d) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- ``(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; ``(2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and ``(3) such other information as the Secretary may require. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to States submitting applications that provide that services under the grant will be provided to the lowest income children within the State submitting the application. ``(f) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection. ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(h) Supplement Not Supplant.--A State that receives a grant under this section shall ensure that amounts received under such grant will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(i) Definition.--For purposes of this section, the term `comprehensive eye examination' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $65,000,000 for the 5-fiscal year period beginning in fiscal year 2009.''.
Vision Care for Kids Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, who do not otherwise have coverage for vision services, and who are low-income children, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services. Requires the Secretary to coordinate the program under this Act with other federal or state programs that provide services to children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco Use Cessation Promotion Act of 2001''. SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) counseling for cessation of tobacco use (as defined in section 1861(ww));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is further amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(ww)(1) Subject to paragraph (2), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use, for individuals who use tobacco products or are being treated for tobacco use, furnished-- ``(A) by or under the supervision of a physician; or ``(B) by any other health care professional who-- ``(i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ``(2) Such term is limited to-- ``(A) services that are included in the most current clinical practice guidelines on treating tobacco use and dependence issued by the Public Health Service; and ``(B) such other services that the Secretary recognizes to be effective.''. (c) Payment and Elimination of Cost-Sharing.-- (1) Elimination of coinsurance.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)), the amount paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for purposes of this clause''. (2) Elimination of deductible.--The first sentence of section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(ww))''. (3) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)),''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 3. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Dropping Exception From Medicaid Prescription Drug Coverage for Tobacco Use Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); (2) by redesignating subparagraph (F) through (J) as subparagraphs (E) through (I), respectively; and (3) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: ``except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco use cessation''. (b) Requiring Coverage of Tobacco Use Cessation Counseling for Pregnant Women.--Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by adding at the end the following: ``and (D) counseling for cessation of tobacco use (as defined in section 1861(ww)) for pregnant women;''. (c) Removal of Cost-Sharing for Tobacco Use Cessation Counseling Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by striking ``(B)'' and inserting ``(B)(i) counseling for cessation of tobacco use (as defined in section 1861(ww)) furnished to pregnant women and (ii) other''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Use Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, counseling for cessation of tobacco use (as defined in section 1861(ww)), drugs and biologicals used to promote tobacco use cessation, and the inclusion of antitobacco messages in health promotion counseling shall be considered to be part of quality maternal and child health services.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
Medicare, Medicaid, and MCH Tobacco Use Cessation Promotion Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide coverage of counseling for cessation of tobacco use.Amends SSA title XIX (Medicaid) to: (1) provide for coverage of tobacco use cessation medications; and (2) require coverage of tobacco use cessation counseling for pregnant women.Amends SSA title V (Maternal and Child Health Services) to make part of quality maternal and child health services counseling for cessation of tobacco use, drugs and biologicals used to promote tobacco use cessation, and the inclusion of antitobacco messages in health promotion counseling.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arches National Park Expansion Act of 1997''. SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH. (a) Boundary Expansion.--Subsection (a) of the first section of Public Law 92-155 (16 U.S.C. 272; 85 Stat. 422) is amended as follows: (1) By inserting after the first sentence the following new sentence: ``Effective on the date of the enactment of the Arches National Park Expansion Act of 1997, the boundary of the park shall also include the area consisting of approximately 3,140 acres and known as the `Lost Spring Canyon Addition', as depicted on the map entitled `Boundary Map, Arches National Park, Lost Spring Canyon Addition', numbered 138/60,000-B, and dated April 1997.''. (2) In the last sentence, by striking ``Such map'' and inserting ``Such maps''. (b) Inclusion of Land in Park.--Section 2 of Public Law 92-155 (16 U.S.C. 272a) is amended by adding at the end the following new sentences: ``As soon as possible after the date of the enactment of the Arches National Park Expansion Act of 1997, the Secretary of the Interior shall transfer jurisdiction over the Federal lands contained in the Lost Spring Canyon Addition from the Bureau of Land Management to the National Park Service. The lands included in the park pursuant to the Arches National Park Expansion Act of 1997 shall be administered in accordance with the laws and regulations applicable to the park.''. (c) Protection of Existing Grazing Permit.--Section 3 of Public Law 92-155 (16 U.S.C. 272b) is amended as follows: (1) By inserting ``(a)'' before ``Where''. (2) By adding at the end the following new subsection: ``(b)(1) In the case of any grazing lease, permit, or license with respect to lands within the Lost Spring Canyon Addition that was issued before the date of the enactment of the Arches National Park Expansion Act of 1997, the Secretary of the Interior shall, subject to periodic renewal, continue such lease, permit, or license for a period of time equal to the lifetime of the permittee as of that date and any direct descendants of the permittee born before that date. Any such grazing lease, permit, or license shall be permanently retired at the end of such period. Pending the expiration of such period, the permittee (or a descendant of the permittee who holds the lease, permit, or license) shall be entitled to periodically renew the lease, permit, or license, subject to such limitations, conditions, or regulations as the Secretary may prescribe. ``(2) Any such grazing lease, permit, or license may be sold during the period specified in paragraph (1) only on the condition that the purchaser shall, immediately upon such acquisition, permanently retire such lease, permit, or license. Nothing in this subsection shall affect other provisions concerning leases, permits, or licenses under the Taylor Grazing Act. ``(3) Any portion of any grazing lease, permit, or license with respect to lands within the Lost Spring Canyon Addition shall be administered by the National Park Service.''. (d) Withdrawal From Mineral Entry and Leasing; Pipeline Management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is amended by adding at the end the following new subsection: ``(c)(1) Subject to valid existing rights, Federal lands within the Lost Spring Canyon Addition are hereby appropriated and withdrawn from entry, location, selection, leasing, or other disposition under the public land laws, including the mineral leasing laws. ``(2) The inclusion of the Lost Spring Canyon Addition in the park shall not affect the operation or maintenance by the Northwest Pipeline Corporation (or its successors or assigns) of the natural gas pipeline and related facilities located in the Lost Spring Canyon Addition on the date of the enactment of the Arches National Park Expansion Act of 1997.''. (e) Effect on School Trust Lands.-- (1) Findings.--The Congress finds the following: (A) A parcel of State school trust lands, more specifically described as section 16, township 23 south, range 22 east, of the Salt Lake base and meridian, is partially contained within the Lost Spring Canyon Addition included within the boundaries of Arches National Park by the amendment by subsection (a). (B) The parcel was originally granted to the State of Utah for the purpose of generating revenue for the public schools through the development of natural and other resources located on the parcel. (C) It is in the interest of the State of Utah and the United States for the parcel to be exchanged for Federal lands of equivalent value outside the Lost Spring Canyon Addition, in order to permit Federal management of all lands within the Lost Spring Canyon Addition. (2) Land exchange.--Public Law 92-155 is amended by adding at the end the following new section: ``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LANDS. ``(a) Exchange Requirement.--If, not later than one year after the date of the enactment of the Arches National Park Expansion Act of 1997, and in accordance with this section, the State of Utah offers to transfer all right, title and interest of the State in and to the parcel of school trust lands described in subsection (b)(1) to the United States, the Secretary of the Interior shall accept the offer on behalf of the United States and, within 180 days after the date of such acceptance, transfer to the State of Utah all right, title and interest of the United States in and to the parcel of land described in subsection (b)(2). Title to the State lands shall be transferred at the same time as conveyance of title to the Federal lands by the Secretary of the Interior. The exchange of lands under this section shall be subject to valid existing rights, and each party shall succeed to the rights and obligations of the other party with respect to any lease, right-of-way, or permit encumbering the exchanged lands. ``(b) Description of Parcels.-- ``(1) State conveyance.--The parcel of school trust lands to be conveyed by the State of Utah under subsection (a) is section 16, township 23 south, range 22 east of the Salt Lake base and meridian. ``(2) Federal conveyance.--The parcel of Federal lands to be conveyed by the Secretary of the Interior consists of approximately 639 acres and is identified as lots 1 through 12 located in the S\1/2\N\1/2\ and the N\1/2\N\1/2\N\1/2\S\1/2\ of section 1, township 25 south, range 18 east, Salt Lake base and meridian. ``(3) Equivalent value.--The Federal lands described in paragraph (2) are of equivalent value to the State school trust lands described in paragraph (1). ``(c) Management by State.--At least 60 days before undertaking or permitting any surface disturbing activities to occur on the lands acquired by the State under this section, the State shall consult with the Utah State Office of the Bureau of Land Management concerning the extent and impact of such activities on Federal lands and resources and conduct, in a manner consistent with Federal laws, inventory, mitigation, and management activities in connection with any archaeological, paleontological, and cultural resources located on the acquired lands. To the extent consistent with applicable law governing the use and disposition of State school trust lands, the State shall preserve existing grazing, recreational, and wildlife uses of the acquired lands. Nothing in this subsection shall be construed to preclude the State from authorizing or undertaking surface or mineral activities authorized by existing or future land management plans for the acquired lands. ``(d) Implementation.--Administrative actions necessary to implement the land exchange described in this section shall be completed within 180 days after the date of the enactment of the Arches National Park Expansion Act of 1997.''. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.
Arches National Park Expansion Act of 1997 - Modifies the boundary of the Arches National Park, Utah, to include the area known as the Lost Spring Canyon Addition. Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the area from the Bureau of Land Management to the National Park Service and requires such lands to be administered in accordance with the laws and regulations applicable to the Park. Specifies restrictions over the continuation and sale of existing grazing leases, permits, or licenses for the area. Withdraws Federal lands within the area from the public land laws, including the mineral leasing laws. Provides that the inclusion of the area in the Park shall not affect the operation or maintenance of the natural gas pipeline and related facilities located in the area by the Northwest Pipeline Corporation or its successors. Directs the Secretary to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands in the area, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities on the acquired lands. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands. Permits Utah to authorize or undertake surface or mineral activities authorized by existing or future land management plans for the acquired lands.
{"src": "billsum_train", "title": "Arches National Park Expansion Act of 1997"}
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SECTION 1. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS OF THE ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION. (a) In General.--(1) Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 983. Retaliatory personnel actions prohibited against members alleging sexual harassment or unlawful discrimination ``(a) Prohibition of Retaliatory Personnel Actions.--(1) No person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal against a member of the armed forces for making or preparing a communication described in paragraph (2) to a Member of Congress or an Inspector General (as defined in subsection (f)) or to any other person or organization pursuant to regulations or other established administrative procedures for such communications. Any action prohibited by the preceding sentence (including the threat to take any action and the withholding or threat to withhold any favorable action) shall be considered for the purposes of this section to be a personnel action prohibited by this subsection. ``(2) A communication described in this paragraph is a communication in which the member making (or preparing) the communication alleges that the member has been the subject of sexual harassment or unlawful discrimination. ``(b) Inspector General Investigation of Allegations of Prohibited Personnel Actions.--(1) If a member of the armed forces submits to an Inspector General an allegation that a personnel action prohibited by subsection (a) has been taken (or threatened) against the member with respect to a communication described in paragraph (2), the Inspector General of the Department of Defense (or the Inspector General of the Department of Transportation, in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy) shall expeditiously investigate the allegation. The Inspector General of the Department of Defense may not delegate or assign such investigation to any office or organization within a military department. ``(2) A communication described in this paragraph is a communication to a Member of Congress or an Inspector General or to any other person or organization pursuant to regulations or other established administrative procedures in which the member of the armed forces makes a complaint or discloses information that the member reasonably believes constitutes evidence of sexual harassment or unlawful discrimination. ``(3) The Inspector General is not required to make an investigation under paragraph (1) in the case of an allegation made more than 90 days after the date on which the member becomes aware of the personnel action that is subject of the allegation. ``(c) Inspector General Investigation of Allegations of Sexual Harassment or Unlawful Discrimination.--If the Inspector General has not already done so, the Inspector General shall commence a separate investigation of the information that the member submitting the allegation under subsection (b) believes constitutes evidence of sexual harassment or unlawful discrimination. ``(d) Reports on Investigations.--(1) Not later than 30 days after completion of an investigation under this section, the Inspector General shall submit a report on the results of the investigation to the Secretary of Defense (or to the Secretary of Transportation in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy) and the member of the armed forces who made the allegation. ``(2) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by paragraph (1) within 90 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense (or to the Secretary of Transportation in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy) and to the member making the allegation a notice-- ``(A) of that determination (including the reasons why the report may not be submitted within that time); and ``(B) of the time when the report will be submitted. ``(3) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. ``(e) Regulations.--The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `unlawful discrimination' means discrimination on the basis of race, color, religion, sex, or national origin. ``(2) The term `Member of Congress' includes any Delegate or Resident Commissioner to Congress. ``(3) The term `Inspector General' means-- ``(A) an Inspector General appointed under the Inspector General Act of 1978; and ``(B) an officer of the armed forces assigned or detailed under regulations of the Secretary concerned to serve as an Inspector General at any command level in one of the armed forces.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``983. Retaliatory personnel actions prohibited against members alleging sexual harassment or unlawful discrimination.''. (b) Deadline for Regulations.--The Secretary of Defense and the Secretary of Transportation shall prescribe the regulations required by subsection (e) of section 983 of title 10, United States Code, as added by subsection (a), not later than 120 days after the date of the enactment of this Act. (c) Effective Date.--Section 983 of title 10, United States Code, as added by subsection (a), shall apply with respect to any personnel action taken (or threatened to be taken) on or after the date of the enactment of this Act as a reprisal prohibited by subsection (a) of that section.
Prohibits any person from taking (or threatening to take) an unfavorable personnel action or withholding (or threatening to withhold) a favorable personnel action as a reprisal against a member of the armed forces for making or preparing a communication alleging sexual harassment or unlawful discrimination against such member. Requires the Inspector General of either the Department of Defense or the Department of Transportation (for Coast Guard members when such service is not operating as a service in the Navy) to expeditiously investigate such allegations and report results to the Secretary of Defense or Transportation, as appropriate.
{"src": "billsum_train", "title": "To amend title 10, United States Code, to provide certain procedural and administrative safeguards for members of the Armed Forces making allegations of sexual harassment or unlawful discrimination."}
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SECTION 1. SHORT TITLE. This Act may be cited as ``National Trails System Willing Seller Act''. SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN TRAILS. (a) Oregon National Historic Trail.--Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (e) Iditarod National Historic Trail.--Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (f) North Country National Scenic Trail.--Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (j) Conforming Amendment.--Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) is amended to read as follows: ``(c)(1) Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ``(2) Not more than $500,000 may be appropriated for the purposes of land acquisition and interests therein for the Natchez Trace National Scenic Trail designated by section 5(a)(12) of this Act, and not more than $2,000,000 may be appropriated for the purposes of the development of such trail. The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.''.
National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the Government acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that the Government's authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail.
{"src": "billsum_train", "title": "To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Is on the Way Military Pay Equity Act of 2001''. SEC. 2. FISCAL YEAR 2002 INCREASE IN MILITARY BASIC PAY. (a) Increase in Basic Pay.--Effective on January 1, 2002, the rates of monthly basic pay for members of the uniformed services are increased by the percentage specified in the following table for the pay grade and years of service indicated: COMMISSIONED OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 8.3% 13.3% 13.3% 10.8% W-1.............. 17.3% 10.8% 16.3% 10.8% 10.8% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 10.8% 10.8% 10.8% 10.8% W-1.............. 10.8% 10.8% 10.8% 10.8% 10.8% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 10.8% 10.8% 10.8% 10.8% W-1.............. 10.8% 10.8% 10.8% 10.8% 10.8% ------------------------------------------------------------------------ ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 11.8% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 10.3% 9.8% 9.8% 9.8% 9.8% E-5.............. 15.3% 9.8% 9.8% 9.8% 9.8% E-4.............. 14.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 9.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 11.8% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-5.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-4.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 12.3% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-5.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-4.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------------------------ (b) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2002 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
Help Is on the Way Military Pay Equity Act of 2001 - Prescribes increases in military basic pay rates as of January 1, 2002, of a minimum of 7.3 percent.Waives for FY 2002 any required adjustment in such pay based upon the General Schedule of Compensation for Federal employees.
{"src": "billsum_train", "title": "To provide an additional 2.3 percent increase in the rates of military basic pay for members of the uniformed services above the pay increase proposed by the Department of Defense so as to ensure at least a minimum pay increase of 7.3 percent for each member."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Alcohol Advertising Standards for Children Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Television advertising influences children's perception of the values and behavior that are common and acceptable in society. (2) Television station operators and cable television system operators should follow practices in connection with the advertising of alcoholic beverages that take into consideration that television broadcast and cable advertising have established a uniquely pervasive presence in the lives of American children. (3) The average American child is exposed to 25 hours of television each week and some children are exposed to as much as 11 hours of television a day. (4) In 1995, alcohol producers, led by brewers, spent $682,600,000 advertising their products in the broadcast media. Much of that advertising appeared on sports programming, in prime time, or at other times when substantial numbers of underage persons were in the viewing and listening audience. Many of the themes used in the ads--humor, parties, athletic pursuits--have great appeal for young people. The most popular beer ads use animated characters, animals, or music which also amuse and attract children and teens. (5) The current advertising codes of brewers and distillers, even when observed by industry members, provide inadequate standards to restrain most of the current advertising messages that reach young people and teach them to drink. These codes are unenforceable, do not apply to all alcohol companies, and institutionalize, rather than restrict, advertising practices that subject young people to massive, continuous, and persuasive inducements to drink. Although individual broadcast networks and independent stations have adopted standards governing the acceptance of advertising for alcoholic beverages, those standards lack uniformity, do not apply to all broadcasters, nor do they help shield large audiences of underage persons from alcohol promotions. (6) Alcohol producers claim to have no interest in attracting underage persons, for whom the purchase and use of their products are illegal. The development of voluntary broadcast industry alcohol advertising standards to protect children would avoid broader government restrictions on alcohol advertising and permit alcohol producers to continue to legitimately promote their products to adult consumers. Therefore, enforceable voluntary broadcast standards provide a minimally restrictive, necessary condition on alcohol producer marketing activities, one that is consistent with their business missions and social responsibility. SEC. 3. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING CODES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``SEC. 337. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING CODES. ``(a) Authority To Prescribe Standards.--Except as otherwise provided by this section, the Commission shall prescribe, on the basis of recommendations from an advisory committee established by the Commission, a code of conduct that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads, as well as the role of public information messages about the risks of alcohol use by minors. ``(b) Advisory Committee Requirements.--In establishing an advisory committee for purposes of subsection (a) of this section, the Commission shall-- ``(1) ensure that such committee is composed of parents, television broadcasters, cable operators, appropriate public interest groups, and other interested individuals from the private sector and is fairly balanced in terms of political affiliation, the points of view represented, and the functions to be performed by the committee; ``(2) provide to the committee such staff and resources as may be necessary to permit it to perform its functions efficiently and promptly; and ``(3) require the committee to submit a final report of its recommendations within one year after the date of the appointment of the initial members. ``(c) Antitrust Exemption.-- ``(1) Exemption.--The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating a voluntary code designed to limit the exposure and appeal to minors of alcoholic beverage advertisements in video programming. ``(2) Limitations.--The exemption provided in paragraph (1)-- ``(A) shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person; and ``(B) shall apply only to any joint discussion, consideration, review, action, or agreement engaged in only during the 1-year period beginning on the date of the enactment of this section. ``(d) Enforcement of Codes by Forfeiture Penalties.--For the purposes of sections 503 and 504 of this Act, any advertising code established pursuant to subsection (a) or (c) of this section shall be considered to be a regulation prescribed by the Commission pursuant to this Act. ``(e) Applicability of Requirement for Commission To Prescribe Code.--The requirement of subsection (a) shall take effect 1 year after the date of enactment of this section, but only if the Commission determines, in consultation with appropriate public interest groups and interested individuals from the private sector, that-- ``(1) persons in the television industry have not, by such date, established and implemented a voluntary code of conduct that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads, as well as the role of public information messages about the risks of alcohol used by minors; and ``(2) such code is acceptable to the Commission. ``(f) Annual Report.--The Commission shall include in each annual report pursuant to section 4(k) of this Act submitted after the date of enactment of this section an assessment of the extent to which a code established under subsection (a) or (c) of this section has been successfully implemented, and is rigorously complied with, by distributors of video programming. ``(g) Definitions.--For purposes of this section: ``(1) The term `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. ``(2) The term `person in the television industry' means a television network, any entity which produces programming (including theatrical motion pictures) for telecasting or telecasts programming, the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, the Community Antenna Television Association, and each of the networks' affiliate organizations, and shall include any individual acting on behalf of such person. ``(3) The term `video programming' has the meaning provided in section 602 of this Act.''.
Voluntary Alcohol Advertising Standards for Children Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), on the basis of recommendations from an advisory committee established by the FCC, to prescribe a code of conduct (code) that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads as well as the role of public information messages about the risks of alcohol use by minors. Outlines advisory committee requirements. Provides an antitrust exemption, with limitations, for any action or agreement among persons in the television industry undertaken to develop and disseminate such a voluntary code. Requires the FCC to prescribe such code within one year after enactment of this Act, unless the television industry has established a voluntary code which is acceptable to the FCC. Requires the FCC to include in a currently required annual report an assessment of the extent to which a code has been successfully implemented, and complied with, by video programming distributors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Emergency Act of 2012''. SEC. 2. MARINE DEBRIS EMERGENCIES. Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952) is amended by adding at the end the following: ``(d) Marine Debris Emergency.-- ``(1) Declaration of a marine debris emergency.-- ``(A) In general.--The Administrator may declare a marine debris emergency if the Administrator determines that marine debris-- ``(i) is an immediate threat to the United States with respect to-- ``(I) living marine resources; ``(II) the marine environment; ``(III) navigation safety; or ``(IV) public health; and ``(ii) requires Federal resources to supplement the State and local resources available to alleviate such threat. ``(B) Request for a declaration.-- ``(i) In general.--The Governor of a State may request that the Administrator declare a marine debris emergency in such State or a region that includes such State. ``(ii) Administrator may request information.--In response to a Governor's request under clause (i), the Administrator may request that the Governor provide information on-- ``(I) the nature and immediacy of the threat; and ``(II) the nature and amount of State and local resources that have been or will be committed to alleviating the threat. ``(C) Response to governor's request.--Within 30 days after a Governor submits a request under subparagraph (B)(i), the Administrator shall either-- ``(i) grant that Governor's request; or ``(ii) submit a response to that Governor, explaining why the Administrator has not granted the Governor's request. ``(2) Preference for marine debris emergencies in marine debris grants.-- ``(A) In general.--In evaluating applications for grants under section 3(c), the Administrator shall give preference to projects to address marine debris emergencies, including projects to address marine debris that has introduced or is likely to introduce marine invasive species into the United States. ``(B) Expedited grant award process.--Not later than 60 days after receipt of an application under subparagraph (A), the Administrator shall, to the extent feasible-- ``(i) approve or disapprove such application; and ``(ii) if such application is approved, disperse the approved funds to the grantee. ``(3) Marine invasive species.--In this section, the term `marine invasive species' means a marine nonindigenous species (as defined in section 4702 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)) the introduction of which to the United States will, or is likely to, cause economic or environmental harm, threaten the diversity or abundance of native species or the ecological stability of infested waters, or disrupt commercial, agricultural, aquacultural, or recreational activities dependent on such waters.''. SEC. 3. GUIDANCE FOR GRANT RECIPIENTS ENGAGED IN MARINE DEBRIS RESPONSE EFFORTS. Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952) is further amended by adding at the end the following: ``(e) Guidance for Grant Recipients Engaged in Marine Debris Response Efforts.--The Administrator shall take appropriate steps to encourage grant recipients under this section to-- ``(1) educate staff and volunteers who are engaged in marine debris response efforts on the potential threats that marine debris and marine invasive species (as defined in subsection (d)(3)) may pose to the United States with respect to living marine resources, the marine environment, navigation, and public health; and ``(2) coordinate their marine debris response efforts with relevant Federal, State, local, and non-governmental entities.''.
Marine Debris Emergency Act of 2012 - Amends the Marine Debris Research, Prevention, and Reduction Act to authorize the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to declare a marine debris emergency upon determining that marine debris: (1) is an immediate threat to living marine resources, the marine environment, navigation safety, or public health of the United States; and (2) requires federal resources to supplement the state and local resources available to alleviate such threat. Authorizes: (1) a governor of a state to request that the Administrator declare such an emergency in such state or a region that includes such state; and (2) the Administrator to request that the governor provide information on the nature and immediacy of the threat and the nature and amount of state and local resources that have been or will be committed to alleviating it. Directs the Administrator, within 30 days after receiving a governor's request, to either grant the request or explain why it was not granted. Directs the Administrator: (1) in evaluating marine debris grant applications, to give preference to projects to address marine debris emergencies, including projects to address marine debris that has introduced or is likely to introduce marine invasive species into the United States; and (2) within 60 days after receipt of an application for such a grant, to approve or disapprove the application and to disperse funds to an approved grantee. Directs the Administrator to take steps to encourage marine debris grant recipients to: (1) educate staff and volunteers who are engaged in marine debris response efforts on the potential threats that marine debris and marine invasive species may pose to the United States with respect to living marine resources, the marine environment, navigation, and public health; and (2) coordinate their response efforts with relevant federal, state, local, and nongovernmental entities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Accountability and Risk Assessment Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The unprecedented Government intervention into the financial markets in 2008 was required by a threat to our Nation's economy from large, complex, and deeply inter- connected financial institutions, many of which were on the verge of failing. (2) The necessary Government intervention in the financial system placed hundreds of billions of taxpayer dollars at risk. (3) Many of the financial institutions involved in the crisis were so large and their dealings so intertwined that their failures could have led to the collapse of America's financial system. (4) The scale of the banking system crisis put severe strains on the Deposit Insurance Fund of the Federal Deposit Insurance Corporation. (5) The depository institutions that present a systemic risk to the financial system would overwhelm the resources of the Deposit Insurance Fund if one or more of them were to fail. (6) Without a substantial increase in the Deposit Insurance Fund, depository institutions that are deemed ``too-big-to- fail'' will remain potential threats to the health of the entire financial system and possibly place U.S. taxpayer dollars at risk. (7) It is inherently unfair to require the financial institutions that are too small to be systemic risks, or that do not become involved in the most risky, questionable, and harmful financial practices, to share the financial responsibility for the failures of these ``too-big-to-fail'' institutions. (8) Large depository institutions whose failure may threaten the safety and soundness of the entire financial system should be assessed premiums based on their potential risk to the system, not just on the deposits they hold. (9) The Deposit Insurance Fund should be insulated against potential financial crises, the financial institutions that cause a crisis in the future must be held accountable, and U.S. taxpayer dollars should not be placed at risk. (b) Purpose.--The purpose of this Act is to maintain the safety and soundness of the U.S. banking system by ensuring that the Federal Deposit Insurance Corporations' Deposit Insurance Fund is adequately capitalized to respond to the failures of large depository institutions that would otherwise threaten our financial system and to return a sense of fairness and accountability to the deposit insurance premium assessment process. SEC. 3. ACCOUNTING FOR ACTUAL RISK TO THE DEPOSIT INSURANCE FUND. (a) Section 7(b)(1)(C) of the Federal Deposit Insurance Act is amended to read as follows: ``(C) `Risk-based assessment system' defined.--For purposes of this paragraph, the term `risk-based assessment system' means a system for calculating a depository institution's assessment based on-- ``(i) the probability that the Deposit Insurance Fund will incur a loss with respect to the institution; ``(ii) the likely amount of any such loss; ``(iii) the risks to the Deposit Insurance Fund attributable to such depository institution and its affiliates, taking into account-- ``(I) the amount, different categories, and concentrations of assets of the insured depository institution and its affiliates, including both on-balance sheet and off-balance sheet assets; ``(II) the amount, different categories, and concentrations of liabilities, both insured and uninsured, contingent and noncontingent, including both on- balance sheet and off-balance sheet liabilities, of the insured depository institution and its affiliates; and ``(III) any other factors the Corporation determines are relevant to assessing the risks; and ``(iv) the revenue needs of the Deposit Insurance Fund.''. (b) Section 7(b)(1) of the Federal Deposit Insurance Act is further amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by adding the following new subparagraph (E): ``(E) Systemic risk premium.-- ``(i) In addition to any annual assessment imposed under paragraph (2) or special assessment imposed under paragraph (5), the Board of Directors shall impose a systemic risk assessment, at least annually, on all systemically important depository institutions. For purposes of the subparagraph, `systemically important depository institution' shall mean an insured depository institution that is designated as systemically important by the Corporation, in consultation with the Secretary of the Treasury and the Board of Governors of the Federal Reserve System, or that is an affiliate of a depository institution holding company or, in the case of an industrial loan company, controlling parent company designated as systemically important by the Corporation, in consultation with the Secretary of the Treasury and the Board of Governors of the Federal Reserve System. ``(ii) In designating an insured depository institution, depository institution holding company, or controlling parent company as systemically important, the Corporation shall take into account: ``(I) the amount, different categories, and concentrations of assets of the entity and its affiliates, including both on-balance sheet and off-balance sheet assets; ``(II) the amount, different categories, and concentrations of liabilities, both insured and uninsured, contingent and noncontingent, including both on- balance sheet and off-balance sheet liabilities, of the entity and its affiliates; ``(III) the activities of the entity and its affiliates; ``(IV) the relevant market share of the entity and its affiliates; and ``(V) the potential adverse effects on economic conditions and financial stability, in the event any of the grounds in (c)(5) were to exist with respect to such entity.''. (c) Section 7(b)(2) of the Federal Deposit Insurance Act is amended by striking paragraph (D) and by redesignating subparagraph (C) as subparagraph (D). SEC. 4. CREATING A RISK-FOCUSED ASSESSMENT BASE. Section 7(b)(2), as amended, is further amended by adding the following new subparagraph (C): ``(C) Assessment base.--The assessment of any insured depository institution imposed under this subsection shall be an amount equal to the product of-- ``(i) an assessment rate established by the Corporation; and ``(ii) the amount of the insured depository institution's average total assets during the assessment period minus the amount of the insured depository institution's average tangible equity during the assesssment period.''.
Bank Accountability and Risk Assessment Act of 2009 - Amends the Federal Deposit Insurance Act to require the risk-based assessment system (used to determine the premiums owed by insured depository institutions) to consider, in addition to existing factors, the risks posed to the Deposit Insurance Fund by: (1) the affiliates of a depository institution; and (2) the off-balance sheet assets and liabilities of depository institutions and their affiliates. Directs the Federal Deposit Insurance Corporation (FDIC) to impose a systemic risk assessment, at least annually, and in addition to the regular annual assessment and emergency special assessments, on all systemically important depository institutions. Repeals the declaration that no insured depository institution shall be barred from the lowest-risk category solely because of size. (Thus allows an insured depository institution to be barred from the lowest-risk category solely because of size.) Bases the regular annual assessment on an assessment rate established by the FDIC and an insured depository institution's average total assets minus its average tangible equity during the assessment period.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access and Effective Drug Enforcement Act of 2013''. SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT. (a) Definitions.-- (1) Consistent with the public health and safety.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(j) In this section, the phrase `consistent with the public health and safety' means having a substantial relationship to this Act's purpose of preventing diversion and abuse of controlled substances.''. (2) Imminent danger.--Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended-- (A) by striking ``(d) The Attorney General'' and inserting ``(d)(1) The Attorney General''; and (B) by adding at the end the following: ``(2) In this subsection, the term `imminent danger' means a significant and present risk of death or serious bodily harm that is more likely than not to occur in the absence of an immediate suspension order.''. (b) Criminal Background Checks and Drug Testing for Employees With Access to Controlled Substances.-- (1) Requirements.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by inserting before subsection (j) (as added by subsection (a)(1)) the following: ``(i)(1) The Attorney General shall require all registrants under subsections (a), (b), (d), or (e), as a condition of such registration-- ``(A) to obtain a criminal background check on each of the registrant's employees who has or will have access to facility areas where controlled substances under the registrant's possession or control are stored, such as a cage, vault, or safe; and ``(B) to perform drug testing on each such employee in accordance with Federal and State law. ``(2) The criminal background checks required by paragraph (1) shall be obtained-- ``(A) periodically, but not more frequently than every 2 years, for all employees of the registrant who are described in paragraph (1)(A); and ``(B) at the time of hire, for such employees who are hired after the date of enactment of the Ensuring Patient Access and Effective Drug Enforcement Act of 2013. ``(3) The term `drug testing' means testing designed to detect the illegal use of a controlled substance.''. (2) Conforming change.--Section 304(a) of the Controlled Substances Act (21 U.S.C. 823(a)) is amended-- (A) in paragraph (4), by striking ``or'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) has failed to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing).''. (3) Alternative civil penalty for failure to comply with criminal background check and drug testing requirements.-- (A) Prohibited act.--Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended-- (i) in paragraph (14), by striking ``or'' at the end; (ii) in paragraph (15), by striking the period at the end and inserting ``; or''; and (iii) by inserting after paragraph (15) the following: ``(16) who is a registrant to fail to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing);''. (B) Maximum civil penalty of $10,000.--Subsection (c)(1)(B) of the Controlled Substances Act (21 U.S.C. 842(c)(1)(B)) is amended by striking ``paragraph (5) or (10)'' and inserting ``paragraph (5), (10), or (16)''. (4) Regulations, guidance.--The Attorney General of the United States shall finalize such regulations and guidance as the Attorney General deems necessary to carry out the amendments made by this subsection. (5) Applicability.--The amendments made by this subsection shall apply beginning on the date that is 2 years after the date of enactment of this Act. (c) Opportunity To Submit Corrective Action Plan Prior to Revocation or Suspension.--Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended-- (1) by striking ``(c) Before'' and inserting ``(c)(1) Before''; and (2) by adding at the end the following: ``(2) Before revoking or suspending a registration pursuant to section 303, the Attorney General shall-- ``(A) provide-- ``(i) notice to the registrant of the grounds for revocation or suspension; and ``(ii) in the case of any such grounds consisting of a violation of law, a specific citation to such law; ``(B) give the registrant an opportunity to submit a corrective action plan within a reasonable period of time to demonstrate how the registrant plans to correct the grounds for revocation or suspension; and ``(C) determine whether-- ``(i) in light of the plan, revocation or suspension proceedings should be discontinued or deferred; or ``(ii) additional changes need to be made in the corrective action plan.''. SEC. 3. COMBATING PRESCRIPTION DRUG ABUSE WORKING GROUP. (a) Establishment.--There is established the Combating Prescription Drug Abuse Working Group (referred to in this section as the ``Working Group''). (b) Membership.-- (1) Appointment.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall appoint each member of the Working Group. (B) Composition.--The Working Group shall be composed of not more than 20 members and shall include at least 1 and not more than 3 of each of the following: (i) Public policy experts. (ii) Representatives of the Drug Enforcement Administration. (iii) Representatives of the Food and Drug Administration. (iv) Representatives of the Office of National Drug Control Policy. (v) Representatives of patient groups. (vi) Representatives of pharmacies. (vii) Representatives of manufacturers of drugs. (viii) Representatives of wholesale distributors of drugs. (ix) Representatives of hospitals, physicians, and other health care providers. (x) Representatives of State attorneys general. (xi) Representatives of law enforcement officials, including local law enforcement officials. (xii) Representatives of health benefits plans and entities that provide pharmacy benefits management services on behalf of a health benefits plans. (2) Co-chairs.--The co-chairs shall be elected by the members of the Working Group. The Working Group shall select for election from the members of the Group two individuals, of whom-- (A) one shall be a representative of the Federal Government or a State government; and (B) one shall be a representative of a non- governmental entity. (3) Term; vacancies.--Each member shall be appointed for the life of the Working Group. Any vacancy in the Working Group shall not affect the powers of the Working Group and shall be filled in the same manner in which the original appointment was made. (4) Pay prohibited.--Members of the Working Group shall serve without pay. (c) Meetings.--The Working Group shall meet at the call of the co- chairs. The Working Group shall conduct at least two public meetings, at which the Working Group shall provide opportunity for public comment. (d) Duties of the Working Group.-- (1) In general.--The Working Group shall-- (A) review and report to Congress on Federal initiatives with respect to efforts to reduce prescription drug diversion and abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; (C) examine recommendations to transfer one or more controlled substances from schedule III to schedule II under the Controlled Substances Act (21 U.S.C. 801 et seq.) to evaluate-- (i) the effectiveness of such a transfer in reducing diversion and abuse; and (ii) any effect of such a transfer on access to prescription drugs for legitimate medical purposes; and (D) make recommendations on specific ways to reduce the diversion and abuse of prescription drugs. (2) Report.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Working Group shall issue a report to Congress that describes the efforts of the Working Group to prevent or reduce prescription drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations.--The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall address the following topics: (i) Systems for prescription drug monitoring. (ii) Illegal prescription drug Internet sites and facilities that distribute and fill prescriptions indiscriminately. (iii) Facilitating proper disposal of prescription drugs. (iv) Identifying active geographic areas in which prescription drug abuse is prevalent. (v) Ensuring access to prescription drugs for legitimate medical purposes. (vi) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration, for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (vii) Improving collaboration among Federal agencies and State agencies for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (viii) The resource needs for law enforcement with respect to prescription drug abuse. (ix) The need for education of providers, patients, parents, and youth on prescription drug abuse. (x) Development of abuse-resistant prescription drug products. (xi) Recommendations for reducing robberies, burglaries, and cargo theft of prescription drugs. (e) Powers of the Working Group.-- (1) Hearings.--The Working Group may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Working Group considers necessary. (2) Information from federal agencies.--The Working Group may secure directly from any Federal department or agency such information as the Working Group considers necessary to carry out this section. Upon the request of the co-chairs of the Working Group, the head of such department or agency shall furnish such information to the Working Group in a timely manner. (f) Termination of the Working Group.--The Working Group shall terminate two years after the date on which the members are appointed under subsection (b).
Ensuring Patient Access and Effective Drug Enforcement Act of 2013 - Amends the Controlled Substances Act to require registrants to manufacture, distribute, or dispense controlled substances to obtain a criminal background check on, and perform drug testing on, each employee with access to facility areas where controlled substances are stored. Requires such background checks to be obtained when such an employee is hired and periodically thereafter, but not more frequently than every two years. Authorizes registration suspension or revocation and a $10,000 penalty for failing to comply with such requirements. Requires the Attorney General, before revoking or suspending a registration under such Act, to: (1) provide the registrant notice of the grounds for doing so, and where such grounds consist of a legal violation, a specific citation to such law; (2) give the registrant an opportunity to submit a corrective action plan within a reasonable time period; and (3) determine whether, in light of the plan, revocation or suspension proceedings should be discontinued or deferred or additional changes need to be made in such plan. Establishes the Combating Prescription Drug Abuse Working Group to: (1) report on federal initiatives to reduce prescription drug diversion and abuse, (2) identify gaps and opportunities to ensure the safe use of prescription drugs with the potential for diversion and abuse, (3) examine recommendations to transfer one or more controlled substances from schedule III to schedule II to evaluate the effectiveness of such a transfer in reducing diversion and abuse and any effect of such a transfer on access to prescription drugs for legitimate medical purposes, (4) make recommendations on specific ways to reduce the diversion and abuse of prescription drugs, and (5) report on its efforts to prevent or reduce prescription drug diversion and abuse to ensure that patients continue to have access to medications.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Band Cherokee Historic Lands Reacquisition Act''. SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Lands Into Trust.--Subject to such rights of record as may be vested in third parties to rights-of-way or other easements or rights- of-record for roads, utilities, or other purposes, the following Federal lands on or above the 820-foot (MSL) contour elevation in Monroe County, Tennessee, on the shores of Tellico Reservoir, are taken into trust by the United States for the benefit of the Eastern Band of Cherokee Indians: (1) Sequoyah museum property.--Approximately 46.0 acres of land generally depicted as ``Sequoyah Museum'', ``Parcel 1'', and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 1'' and dated April 30, 2015. (2) Support property.--Approximately 11.9 acres of land generally depicted as ``Support Parcel'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 2'' and dated April 30, 2015. (3) Chota memorial property and tanasi memorial property.-- Approximately 18.2 acres of land generally depicted as ``Chota Memorial 1'' and ``Tanasi Memorial'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015, and including the Chota Memorial and all land within a circle with a radius of 86 feet measured from the center of the Chota Memorial without regard to the elevation of the land within the circle. (b) Property on Lands.--In addition to the land taken into trust by subsection (a), the improvements on and appurtenances thereto, including memorials, are and shall remain the property of the Eastern Band of Cherokee Indians. (c) Additional Lands Into Trust.--The Eastern Band of Cherokee Indians may identify additional Federal lands on or above the 820-foot (MSL) contour elevation managed by the Tennessee Valley Authority that are of significant historical and cultural importance to the Cherokee and such lands shall be taken into trust by the United States for the benefit of the Eastern Band of Cherokee Indians, if the Tennessee Valley Authority, Secretary of the Interior, and Eastern Band of Cherokee Indians agree to such lands being taken into trust. (d) Revised Maps.--Not later than one year after the date of a land transaction made pursuant to this section, the Secretary of the Interior, after consultation with the Eastern Band of Cherokee Indians and the Tennessee Valley Authority, shall submit revised maps that depict the land taken into trust under this section, including any corrections made to the maps described in this section to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. (e) Contour Elevation Clarification.--The contour elevations referred to in this Act are based on MSL Datum as established by the NGS Southeastern Supplementary Adjustment of 1936 (NGVD29). (f) Conditions.--The lands taken into trust under this section shall be subject to the conditions described in section 5. SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Permanent Easements.--The following permanent easements for land below the 820-foot (MSL) contour elevation for the following Federal lands in Monroe County, Tennessee, on the shores of Tellico Reservoir, are hereby taken into trust by the United States for the benefit of the Eastern Band of Cherokee Indians: (1) Chota peninsula.--Approximately 8.5 acres of land generally depicted as ``Chota Memorial 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (2) Chota-tanasi trail.--Approximately 11.4 acres of land generally depicted as ``Chota-Tanasi Trail'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (b) Additional Easements.--The Eastern Band of Cherokee Indians may identify additional Federal lands below the 820-foot (MSL) contour elevation managed by the Tennessee Valley Authority that are, or are appurtenant to, lands of significant historical and cultural importance to the Cherokee and a permanent easement for such lands shall be taken into trust by the United States for the benefit of the Eastern Band of Cherokee Indians, if the Tennessee Valley Authority, Secretary of the Interior, and Eastern Band of Cherokee Indians agree to such grant. (c) Revised Maps.--Not later than one year after the date of a land transaction made pursuant to this section, the Secretary of the Interior, after consultation with the Eastern Band of Cherokee Indians and the Tennessee Valley Authority, shall submit to the Subcommittee on Indian, Insular and Alaska Native Affairs of the House of Representatives and the Committee on Indian Affairs of the Senate revised maps that depict the lands subject to easements taken into trust under this section, including any corrections necessary to the maps described in this section. (d) Conditions.--The lands subject to easements taken into trust under this section shall be subject to the use rights and conditions described in section 5. SEC. 4. TRUST ADMINISTRATION AND PURPOSES. (a) Applicable Laws.--Except as described in section 5, the lands subject to this Act shall be administered under the laws and regulations generally applicable to lands and interests in lands held in trust on behalf of Indian Tribes. (b) Use of Land.--Except the lands described in section 2(a)(2), the lands subject to this Act shall be used principally for memorializing and interpreting the history and culture of Indians and recreational activities, including management, operation, and conduct of programs of and for-- (1) the Sequoyah birthplace memorial and museum; (2) the memorials to Chota and Tanasi as former capitals of the Cherokees; (3) the memorial and place of reinterment for remains of the Eastern Band of Cherokee Indians and other Cherokee tribes, including those human remains and cultural items that are repatriated by the Tennessee Valley Authority to those Cherokee tribes under the National Graves Protection and Repatriation Act; and (4) interpreting the Trail of Tears National Historic Trail. (c) Use of Support Property.--The land described in section 2(a)(2) shall be used principally for the support of lands subject to this Act and the programs offered by the Tribe relating to such lands and their purposes including-- (1) classrooms and conference rooms; (2) cultural interpretation and education programs; (3) temporary housing of guests participating in such programs or the management of the properties and programs; and (4) headquarters offices and support space for the trust properties and programs. (d) Land Use.--The principal purposes of the use of the land described in section 3(a)-- (1) paragraph (1), shall be for a recreational trail from the general vicinity of the parking lot to the area of the Chota Memorial and beyond to the southern portion of the peninsula, including interpretive signs, benches, and other compatible improvements; and (2) paragraph (2), shall be for a recreational trail between the Chota and Tanasi Memorials, including interpretive signs, benches, and other compatible improvements. SEC. 5. USE RIGHTS, CONDITIONS. (a) Flooding of Land and Roads.--The Tennessee Valley Authority may temporarily and intermittently flood the lands subject to this Act that lie below the 824-foot (MSL) contour elevation and the road access to such lands that lie below the 824-foot (MSL) contour elevation. (b) Facilities and Structures.--The Eastern Band of Cherokee Indians may construct, own, operate, and maintain-- (1) water use facilities and nonhabitable structures, facilities, and improvements not subject to serious damage if temporarily flooded on the land adjoining the Tellico Reservoir side of the lands subject to this Act that lie between the 815- foot and 820-foot (MSL) contour elevations, but only after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval; and (2) water use facilities between the 815-foot (MSL) contour elevations on the Tellico Reservoir side of the lands subject to this Act and the adjacent waters of Tellico Reservoir and in and on such waters after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval, but may not construct, own, operate, or maintain other nonhabitable structures, facilities, and improvements on such lands. (c) Ingress and Egress.--The Eastern Band of Cherokee Indians may use the lands subject to this Act and Tellico Reservoir for ingress and egress to and from such land and the waters of the Tellico Reservoir and to and from all structures, facilities, and improvements maintained in, on, or over such land or waters. (d) River Control and Development.--The use rights under this section may not be exercised so as to interfere in any way with the Tennessee Valley Authority's statutory program for river control and development. (e) TVA Authorities.--Nothing in this Act shall be construed to affect the right of the Tennessee Valley Authority to-- (1) draw down Tellico Reservoir; (2) fluctuate the water level thereof as may be necessary for its management of the Reservoir; or (3) permanently flood lands adjacent to lands subject to this Act that lie below the 815-foot (MSL) contour elevation. (f) Right of Entry.--The lands subject to this Act shall be subject to a reasonable right of entry by the personnel of the Tennessee Valley Authority and agents of the Tennessee Valley Authority operating in their official capacities as necessary for purposes of carrying out the Tennessee Valley Authority's statutory program for river control and development. (g) Entry Onto Land.--To the extent that the Tennessee Valley Authority's operations on the lands subject to this Act do not unreasonably interfere with the Eastern Band of Cherokee Indians' maintenance of an appropriate setting for the memorialization of Cherokee history or culture on the lands and its operations on the lands, the Eastern Band of Cherokee Indians shall allow the Tennessee Valley Authority to enter the lands to clear, ditch, dredge, and drain said lands and apply larvicides and chemicals thereon or to conduct bank protection work and erect structures necessary in the promotion and furtherance of public health, flood control, and navigation. (h) Loss of Hydropower Capacity.--All future development of the lands subject to this Act shall be subject to compensation to the Tennessee Valley Authority for loss of hydropower capacity as provided in the Tennessee Valley Authority Flood Control Storage Loss Guideline, unless agreed to otherwise by the Tennessee Valley Authority. (i) Protection From Liability.--The Tennessee Valley Authority shall not be liable for any loss or damage resulting from-- (1) the temporary and intermittent flooding of lands subject to this Act; (2) the permanent flooding of adjacent lands as provided in this section; (3) wave action in Tellico Reservoir; or (4) fluctuation of water levels for purposes of managing Tellico Reservoir. SEC. 6. LANDS SUBJECT TO THE ACT. For the purposes of this Act, the term ``lands subject to this Act'' means lands and interests in lands (including easements) taken into trust for the benefit of the Eastern Band of Cherokee Indians pursuant to or under this Act. SEC. 7. GAMING PROHIBITION. No class II or class III gaming, as defined in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands subject to this Act.
Eastern Band Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. With the agreement of the Department of the Interior and the Tennessee Valley Authority (TVA), the United States must take into trust for the benefit of the tribe certain additional TVA lands and easements that are identified by the tribe as being of significant historical and cultural importance. The TVA maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's consent on certain lands subject to flooding. The TVA must be compensated for lost hydropower capacity from future development of these lands. Gaming on these lands is prohibited.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise Development Act of 1994''. SEC. 2. AUTHORIZATION OF MICROENTERPRISE DEVELOPMENT ASSISTANCE. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``Sec. 129. Microenterprise Development Assistance.--(a) The Congress finds the following: ``(1) A strong microenterprise sector is a fundamental condition of economic pluralism. ``(2) Microenterprise development programs offer an important mechanism to alleviate poverty, develop private enterprise, and create employment. ``(3) The very poor, particularly poor women, in the developing world often do not advance economically because they cannot obtain investment capital to secure their asset base or expand their otherwise viable microenterprise activities. ``(4) The development of sustainable microenterprise institutions which provide credit, training, and mobilize domestic savings are therefore critical components to a broad- based economic growth strategy. ``(5) Microenterprise credit also offers a tool to leverage foreign assistance resources because unlike grants credit can be continually recycled generating new benefits to program participants. ``(6) Interest income on a credit portfolio can be used to finance recurring costs assuring the long-term continuity of development assistance. ``(7) Because microenterpise development credit programs foster self-reliance, such programs reduce the dependency of program participants and indigenous institutions on foreign assistance. ``(b) The purposes of this section are-- ``(1) to provide for the continuation and expansion of the commitment of the United States Agency for International Development to microenterprise development programs; ``(2) to make microenterprise development a part of the mainstream of the overall economic growth strategy of the United States Agency for International Development; and ``(3) to improve the access of microenterprise credit to the very poor, particularly poor women, in developing countries. ``(c)(1) In carrying out this part, the Administrator of the United States Agency for International Development is authorized to provide assistance for programs of credit and other assistance for microenterprises in developing countries. ``(2) Assistance authorized under paragraph (1) shall be provided through-- ``(A) United States and indigenous private and voluntary organizations; ``(B) United States and indigenous credit unions and cooperative organizations; and ``(C) other indigenous governmental and nongovernmental organizations; that have a capacity to develop and implement microenterprise programs. ``(3) A significant portion of assistance authorized under paragraph (1) shall be used for poverty lending programs which-- ``(A) meet the needs of the very poor members of society, particularly poor women; and ``(B) provide loans of $300 or less in 1994 United States dollars to such poor members of society. ``(4) The Administrator of the United States Agency for International Development shall strengthen appropriate mechanisms, including mechanisms for central microenterprise programs, for the purpose of-- ``(A) providing technical support for field missions of the United States Agency for International Development; ``(B) strengthening the institutional development of the intermediary organizations described in paragraph (2); and ``(C) sharing information relating to the provision of assistance authorized under paragraph (1) between such field missions and intermediary organizations. ``(d) In order to maximize the sustainable development impact of the assistance authorized under subsection (c)(1), the Administrator of the United States Agency for International Development shall establish a monitoring system that-- ``(1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; ``(2) establishes performance indicators to be used in measuring or assessing the achievement of the goals and objectives of such assistance; and ``(3) provides a basis for recommendations for adjustments to such assistance to enhance the sustainable development impact of such assistance, particularly the impact of such assistance on the very poor, particularly poor women.''.
Microenterprise Development Act of 1994 - Amends the Foreign Assistance Act of 1961 to authorize the Administrator of the Agency for International Development (AID) to provide for programs of credit and other assistance for microenterprises in developing countries. Requires a significant portion of such assistance to be used for poverty lending programs. Directs the Administrator to strengthen appropriate mechanisms for purposes of: (1) providing technical support for AID field missions; (2) strengthening the institutional development of intermediary organizations; and (3) sharing information relating to the provision of assistance between field missions and such organizations. Requires the Administrator to establish a monitoring system that: (1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form; (2) establishes performance indicators to be used in assessing such assistance; and (3) provides a basis for recommendations for adjustments to such assistance to enhance the sustainable development impact of such assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina Self-Defense Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On July 10, 1991, the United States adopted a policy suspending all licenses and other approvals to export or otherwise transfer defense articles and defense services to Yugoslavia. (2) On September 25, 1991, the United Nations Security Council adopted Resolution 713, which imposed a mandatory international embargo on all deliveries of weapons and military equipment to Yugoslavia. (3) The United States considered the policy adopted July 10, 1991, to comply fully with Resolution 713 and therefore took no additional action in response to that resolution. (4) On January 8, 1992, the United Nations Security Council adopted Resolution 727, which decided that the mandatory arms embargo imposed by Resolution 713 should apply to any independent states that might thereafter emerge on the territory of Yugoslavia. (5) On February 29 and March 1, 1992, the people of Bosnia and Herzegovina voted in a referendum to declare independence from Yugoslavia. (6) On April 7, 1992, the United States recognized the Government of Bosnia and Herzegovina. (7) On May 22, 1992, the Government of Bosnia and Herzegovina was admitted to full membership in the United Nations. (8) Consistent with Resolution 727, the United States has continued to apply the policy adopted July 10, 1991, to independent states that have emerged on the territory of the former Yugoslavia, including Bosnia and Herzegovina. (9) Subsequent to the adoption of Resolution 727 and Bosnia and Herzegovina's independence referendum, the seige of Sarajevo began and fighting spread to other areas of Bosnia and Herzegovina. (10) The Government of Serbia intervened directly in the fighting by providing significant military, financial, and political support and direction to Serbian-allied irregular forces in Bosnia and Herzegovina. (11) In statements dated May 1 and May 12, 1992, the Conference on Security and Cooperation in Europe declared that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against the Government of Bosnia and Herzegovina and assigned to them prime responsibility for the escalation of bloodshed and destruction. (12) On May 30, 1992, the United Nations Security Council adopted Resolution 757, which condemned the Government of Serbia for its continued failure to respect the territorial integrity of Bosnia and Herzegovina. (13) Serbian-allied irregular forces have, over the last year, occupied approximately 70 percent of the territory of Bosnia and Herzegovina, committed gross violations of human rights in the areas they have occupied, and established a secessionist government committed to eventual unification with Serbia. (14) The military and other support and direction provided to Serbian-allied irregular forces in Bosnia and Herzegovina constitutes an armed attack on the Government of Bosnia and Herzegovina by the Government of Serbia within the meaning of Article 51 of the United Nations Charter. (15) Under Article 51, the Government of Bosnia and Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Security Council has taken measures necessary to maintain international peace and security. (16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia and Herzegovina have not been adequate to maintain international peace and security. (17) Bosnia and Herzegovina has been unable successfully to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained from the Yugoslav National Army upon the dissolution of Yugoslavia, and because the mandatory international arms embargo has prevented Bosnia and Herzegovina from obtaining from other countries the means to counter such heavy weaponry. (18) On December 18, 1992, with the affirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia and Herzegovina from the mandatory arms embargo imposed by Resolution 713. (19) In the absence of adequate measures to maintain international peace and security, continued application to the Government of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia and Herzegovina undermines that government's right of individual or collective self-defense and therefore contravenes Article 51 of the United Nations Charter. (20) Bosnia and Herzegovina's right of self-defense under Article 51 of the United Nations Charter includes the right to ask for military assistance from other countries and to receive such assistance if offered. SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA AND HERZEGOVINA. (a) Policy.--The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Authorization of Military Assistance.-- (1) Drawdown authority.--If the Government of Bosnia and Herzegovina requests United States assistance in exercising its right of self-defense under Article 51 of the United Nations Charter, the President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training in order to provide assistance to the Government of Bosnia and Herzegovina. Such assistance shall be provided on such terms and conditions as the President may determine. (2) Limitation on value of transfers.--The aggregate value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, and military education and training provided under this subsection may not exceed $200,000,000. (3) Expiration of authorization.--The authority provided to the President in paragraph (1) expires at the end of fiscal year 1994. (4) Limitation on activities.--Members of the United States Armed Forces who perform defense services or provide military education and training outside the United States under this subsection may not perform any duties of a combatant nature, including any duties related to training and advising that may engage them in combat activities. (5) Reports to congress.--Within 60 days after any exercise of the authority of paragraph (1) and every 60 days thereafter, the President shall report in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate concerning the defense articles, defense services, and military education and training being provided and the use made of such articles, services, and education and training. (6) Reimbursement.--(A) Defense articles, defense services, and military education and training provided under this subsection shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to subparagraph (B). (B) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under this subsection.
Bosnia and Herzegovina Self-Defense Act of 1993 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia and Herzegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Employment, Training and Related Services Demonstration Act Amendments of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) Indian tribes and Alaska Native organizations that have participated in carrying out programs under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) have-- (A) improved the effectiveness of services provided by those tribes and organizations; (B) enabled more American Indians to secure employment; (C) assisted welfare recipients who are American Indians; and (D) otherwise demonstrated the value of integrating education, employment, and training services; (2) the initiative under the Indian Employment, Training and Related Services Demonstration Act of 1992 should be strengthened by ensuring that all programs that emphasize the value of work may be included within a demonstration program of an Indian tribe or Alaska Native organization; (3) the initiative under the Indian Employment, Training and Related Services Demonstration Act of 1992 shares goals and innovative approaches of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); (4) the programs referred to in paragraph (2) should be implemented by the Office of Self-Governance of the Department of the Interior, the unit within the Department of the Interior that is responsible for carrying out self-governance programs under the Indian Self-Determination and Education Assistance Act; and (5) the initiative under the Indian Employment, Training and Related Services Demonstration Act of 1992 should have the benefit of the support and attention of the officials of-- (A) the Department of the Interior; and (B) other Federal agencies with policymaking authority with respect to programs that emphasize the value of work for American Indians and Alaska Natives. SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992. (a) Definitions.--Section 3 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2), as so redesignated by paragraph (1) of this subsection, the following: ``(1) Federal agency.--The term `Federal agency' has the same meaning given the term `agency' in section 551(1) of title 5, United States Code.''. (b) Programs Affected.--Section 5 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3404) is amended-- (1) by inserting ``(a) In General.--'' before ``The programs''; (2) in subsection (a), as designated by paragraph (1) of this subsection, by striking ``employment opportunities, or skill development'' and all that follows through the end of the subsection, and inserting ``securing employment, retaining employment, or creating employment opportunities or other programs relating to employment.''; and (3) by adding at the end the following: ``(b) Programs.--The programs referred to in subsection (a) may include, at the option of an Indian tribe-- ``(1) the program commonly referred to as the general assistance program established under the Act of November 2, 1921 (commonly known as the `Snyder Act') (42 Stat. 208, chapter 115; 25 U.S.C. 13); and ``(2) the program known as the Johnson-O'Malley Program established under the Johnson-O'Malley Act (25 U.S.C. 452 through 457), if the applicable plan for the Indian tribe under section 4 includes educational services for elementary and secondary school students that familiarize those students with aspects of employment.''. (c) Plan Review.--Section 7 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended-- (1) by striking ``Federal department'' and inserting ``Federal agency''; (2) by striking ``Federal departmental'' and inserting ``Federal agency''; (3) by striking ``department'' each place it appears and inserting ``agency''; and (4) in the third sentence, by inserting ``statutory requirement,'' after ``to waive any''. (d) Plan Approval.--Section 8 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) in the first sentence, by inserting before the period the following: ``(including any request for a waiver that is made as part of the plan submitted by the tribal government)''; and (2) in the second sentence, by inserting before the period the following: ``, including reconsidering the disapproval of any waiver requested by the Indian tribe''. (e) Job Creation Activities.--Section 9 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3408) is amended-- (1) by inserting ``(a) In General.--'' before ``The plan submitted''; and (2) by adding at the end the following: ``(b) Employment Opportunities.-- ``(1) In general.--Notwithstanding any other provision of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use funds made available to an Indian tribe by a Federal agency under a statutory or administrative formula for the creation of employment opportunities, including providing private sector training placement under section 10. ``(2) Determination of percentage.--The percentage of funds that a tribal government may use under this subsection is the greater of-- ``(A) the rate of unemployment in the area subject to the jurisdiction of the tribal government; or ``(B) 10 percent.''. (f) Federal Responsibilities.--Section 11(a) of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3410(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Bureau of Indian Affairs'' and inserting ``Office of Self- Governance''; (2) in paragraph (3), by striking ``and''; (3) in paragraph (4)-- (A) by inserting ``delivered under an arrangement subject to the approval of the Indian tribe participating in the project,'' after ``appropriate to the project,''; and (B) by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(5) the convening by an appropriate official of the lead agency (whose appointment is subject to the confirmation of the Senate) and a representative of the Indian tribes that carry out demonstration projects under this Act, in consultation with each such Indian tribe, of a meeting not less than 2 times during each fiscal year for the purpose of providing an opportunity for all Indian tribes that carry out demonstration projects under this Act to discuss with officials of each department specified in subsection (a) issues relating to the implementation of this Act.''. (g) Additional Responsibilities.--In assuming the responsibilities for carrying out the duties of a lead agency under section 11(a) of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3410(a)) pursuant to the amendments made to that section by subsection (f) of this section, the Director of the Office of Self-Governance of the Department of the Interior shall ensure that an orderly transfer of those lead agency functions to the Office occurs in such a manner as to eliminate any potential adverse effects on any Indian tribe that participates in a demonstration project under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.). (h) Personnel.--In carrying out the amendment made by subsection (f)(1), the Secretary of the Interior shall transfer from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior such personnel and resources as the Secretary determines to be appropriate. (i) Deadline for Transfer of Functions.--The transfer of functions to the Office of Self-Governance of the Department of the Interior required by the amendment made by section 3(f)(1) shall be carried out not later than 90 days after the date of enactment of this Act. SEC. 4. CONSOLIDATED ADVISORY COMMITTEES. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end the following: ``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE. ``(a) In General.--The head of each Federal agency specified in section 4 that otherwise has jurisdiction over a program that is integrated under this Act (in accordance with a plan under section 6) shall permit a tribal government that carries out that plan to establish a consolidated advisory committee to carry out the duties of each advisory committee that would otherwise be required under applicable law (including any council or commission relating to private industry) to carry out the programs integrated under the plan. ``(b) Waivers.--As necessary to carry out subsection (a), each agency head referred to in that subsection shall waive any statutory requirement, regulation, or policy requiring the establishment of an advisory committee (including any advisory commission or council).''. SEC. 5. ALASKA REGIONAL CONSORTIA. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 4 of this Act, is amended by adding at the end the following: ``SEC. 20. ALASKA REGIONAL CONSORTIA. ``(a) In General.--Notwithstanding any other provision of law, subject to subsection (b), the Secretary shall permit a regional consortium of Alaska Native villages or regional or village corporations (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) to carry out a project under a plan that meets the requirements of this Act through a resolution adopted by the governing body of that consortium or corporation. ``(b) Withdrawal.--Nothing in subsection (a) is intended to prohibit an Alaska Native village or regional or village corporation from withdrawing from participation in any portion of a program conducted pursuant to that subsection.''.
Indian Employment, Training and Related Services Demonstration Act Amendments of 1998 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to: (1) revise requirements regarding affected programs to include programs for securing employment, retaining employment, or creating employment opportunities or other programs relating to employment and permits such programs to include, at the option of a tribe, the general assistance program established under the Snyder Act and the Johnson-O'Malley Program established under the Johnson-O'Malley Act, if a tribe's plan includes educational services that familiarize elementary and secondary school students with aspects of employment; (2) require the Secretary of the Interior to reconsider disapproval of any statutory waiver requested by a tribe; (3) authorize the use of a percentage of funds made available by a Federal agency under a statutory or administrative formula for the creation of employment opportunities; and (4) transfer Federal responsibility for demonstration programs under the Act from the Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG) of the Department of the Interior and provide for the transfer of personnel and resources from BIA to OSG. Permits a regional consortium of Alaska Native villages or regional or village corporations to carry out a project under a plan that meets the Act's requirements through a resolution adopted by the governing body of that consortium or corporation. Provides that such authorization shall not prohibit such a village or corporation from withdrawing from participation in any portion of a program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Post 9-11 GI Jobs Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Veterans make heroic sacrifices to protect our country. (2) The people of the United States greatly value military service and recognize the difficult challenges involved in adjusting to civilian life after wartime service in the Armed Forces. (3) Veterans from recent wars are disproportionately unemployed and underemployed. (4) Veterans age 18 to 24, who have served in the Armed Forces since September 11, 2001, had an unemployment rate of 20.9 percent in 2010. SEC. 3. INCREASE IN WORK OPPORTUNITY TAX CREDIT FOR HIRING VETERANS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Credit allowed for post 9-11 veterans in 2011 through 2014.-- ``(A) In general.--Any post 9-11 veteran who begins work for the employer after the date of the enactment of this paragraph shall be treated as a member of a targeted group for purposes of this subpart. ``(B) Increase in wages taken into account.--For purposes of this paragraph, in the case of a post 9-11 veteran, subsection (b)(3) shall be applied by substituting `$8,000' for `$6,000'. ``(C) Post 9-11 veteran.--For purposes of this paragraph, the term `post 9-11 veteran' means any veteran (as defined in paragraph (3)(B), determined without regard to clause (ii) thereof) who is certified by the designated local agency as having been discharged or released from active duty in the Armed Forces at any time after September 11, 2001. ``(D) Termination.--For purposes of this paragraph, subsection (c)(4)(B) shall be applied by substituting `December 31, 2014' for `December 31, 2011'.''. (b) Increase in Credit for Other Veterans.--Paragraph (3) of section 51(b) of such Code is amended to read as follows: ``(3) Limitation on wages per year taken into account.--The amount of the qualified first-year wages which may be taken into account with respect to any individual shall not exceed-- ``(A) except as provided in subparagraph (B) or (C), $6,000 per year, ``(B) in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii), $14,000 per year for taxable years ending before January 1, 2015, and $12,000 per year thereafter, and ``(C) in the case of any individual who is a qualified veteran other than by reason of subsection (d)(3)(A)(ii) or being described in subsection (d)(15), $7,500 per year for taxable years ending before January 1, 2015.''. (c) Study Regarding Unemployment Compensation of Veterans.--The Secretary of Veterans Affairs shall conduct a study that examines the receipt of unemployment compensation by unemployed Post 9-11 veterans and examines any impediment that may prevent access to Post 9-11 veterans seeking unemployment compensation. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the results of the study to Congress and shall include with such submission recommendations (if any) for expanding unemployment compensation to veterans. (d) Effective Date.--The amendments 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. DEDUCTION FOR INCREASED JOB TRAINING FOR POST 9-11 VETERANS. (a) In General.--Part VI of subchapter B of chapter I of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 200. INCREASED JOB TRAINING FOR POST 9-11 VETERANS. ``(a) Allowance of Deduction.--There shall be allowed as a deduction the qualified job training expenses. ``(b) Limitation.--The amount taken into account as qualified job training expenses under subsection (a) for an employee for a taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified job training expenses.--The term `qualified job training expenses' means amounts paid or incurred by an employer for a taxable year to provide training to post 9-11 veterans in the area of green jobs or sustainable manufacturing. Training provided under the preceding sentence shall ensure that post 9-11 veterans have the same level of training and seniority as their non-veteran peers. ``(2) Veteran.--The term `post 9-11 veteran' means any individual who after September 11, 2001-- ``(A) served on active duty (other than active duty for training) in the Armed Forces of the United States or full-time National Guard duty for a period of more than 180 days, or ``(B) was discharged or released from active duty in the Armed Forces of the United States for a service- connected disability. ``(3) Green job.--The term `green job' means a job directly-- ``(A) improving the energy efficiency of housing for elderly and low-income people, ``(B) building energy-efficient `green' housing, ``(C) assisting with the design and deployment of smart grid technology, ``(D) assisting with electric power transmission systems, including upgrading and reconductoring, ``(E) assisting with recycling and waste reduction, ``(F) assisting in the implementation of sustainable agriculture and farming, ``(G) repairing, renovating, or rehabilitating existing infrastructure or facility, including rail, mass transportation, ports, schools and hospitals, ``(H) improving recreational trails, ``(I) transforming military bases affected by the Base Realignment and Closure process (BRAC) to green the space, ``(J) assisting with reforestation, ``(K) assisting with renewable resource enhancement, ``(L) assisting in emergency operations, such as disaster prevention and relief, and ``(M) assisting with water and energy conservation. ``(4) Sustainable manufacturing.--The term `sustainable manufacturing' has the meaning specified by the Secretary of Commerce. ``(d) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2014.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of such chapter is amended by adding at the end the following new item: ``Sec. 200. Increased job training for post 9-11 veterans.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.
Post 9-11 GI Jobs Act of 2011 - Amends the Internal Revenue Code to allow: (1) an increased work opportunity tax credit for hiring post 9-11 veterans and other veterans; and (2) a tax deduction, up to $1,000, for the qualified job training expenses of post 9-11 veterans in the area of green jobs or sustainable manufacturing.  Defines "post 9-11 veteran" as any individual who, after September 11, 2001: (1) served on active duty in the Armed Forces or full-time in the National Guard for more than 180 days, or (2) was discharged or released from active duty for a service-connected disability. Terminates the increase in the tax credit and the tax deduction allowed by this Act after 2014.
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SECTION 1. REPORTING OF BUNDLED CONTRIBUTIONS BY PERSONS OTHER THAN REGISTERED LOBBYISTS. (a) In General.--Subsection (i) of section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(i)), as added by the Honest Leadership and Open Government Act of 2007, is amended-- (1) in paragraph (1), by striking ``reasonably known by the committee to be a person described in paragraph (7)''; (2) in paragraph (2), by striking ``means, with respect to a committee'' and all that follows through ``threshold.'' and inserting the following: ``means-- ``(A) with respect to a committee which is an authorized committee of a candidate for the office of President or for nomination to such office-- ``(i) the 2-year period preceding the date of the election for the office of the President; and ``(ii) any reporting period applicable to the committee under this section during which any person provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold; and ``(B) with respect to any other committee-- ``(i) the period beginning January 1 and ending June 30 of each year; ``(ii) the period beginning July 1 and ending December 31 of each year; and ``(iii) any reporting period applicable to the committee under this section during which any person provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold.''; (3) in paragraph (3)-- (A) by striking subparagraph (A) and inserting the following: ``(A) In general.--In this subsection, the `applicable threshold' is-- ``(i) $50,000 in the case of a committee which is an authorized committee of a candidate for the office of President or for nomination to such office; and ``(ii) $15,000 in the case of any other committee. In determining whether the amount of bundled contributions provided to a committee by a person exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person's spouse.''; and (B) in subparagraph (B), by striking ``the amount'' each place it appears and inserting ``each amount''; (4) in paragraph (5), by striking ``described in paragraph (7)'' each place it appears in subparagraphs (C) and (D); (5) by striking paragraph (7) and inserting the following: ``(7) Separate reporting for certain persons.--Each committee required to include a schedule under paragraph (1) shall also include a separate schedule setting forth the name, address, and employer of each person listed on the schedule required under paragraph (1) who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is-- ``(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995; ``(B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act or a current report under section 5(b)(2)(C) of such Act; or ``(C) a political committee established or controlled by such a registrant or individual. The schedule required under the preceding sentence shall also include the aggregate amount of bundled contributions provided by each such person during the covered period.''; and (6) in paragraph (8)(A)-- (A) by striking ``and a person described in paragraph (7)''; and (B) by adding at the end the following flush sentence: ``The term `bundled contribution' shall not include any contribution forwarded by or credited to (through records, designations, or other means of recognizing a certain amount of money has been raised) a person who is a regularly paid employee of the committee.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in section 204 of the Honest Leadership and Open Government Act of 2007.
Amends the Federal Election Campaign Act of 1971, as amended by the Honest Leadership and Open Government Act of 2007, to revise requirements for disclosure of bundled contributions, particularly by an authorized committee of a candidate for the office of President or for nomination to such office (presidential candidate committee). Applies such reporting requirements to bundled contributions by persons other than registered lobbyists. Requires reporting of lobbyist contributions on a separate schedule. Sets the covered period for such reports as the two-year period preceding a presidential election, as well as any applicable reporting period during which any person provided two or more bundled contributions in an aggregate amount greater than the specified applicable amount. Increases the applicable threshold triggering such reporting requirement from $15,000 (currently applicable to any authorized committee of a candidate, a leadership PAC, or a political party committee) to $50,000 in the case of a presidential candidate committee. Excludes from the calculation of a bundled contribution any contribution by the candidate or the candidate's spouse.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Leadership Preservation Act of 2012''. SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. Section 20111 of title 51, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Administrator.--There is established'' and inserting ``Administrator.-- ``(1) In general.--There is established''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph-- (i) by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (ii) by inserting ``The Administrator shall serve for a term of 10 years.'' after ``and activities thereof.''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(l)(2)(A). The President shall appoint a new Administrator not later than 3 months after the first set of nominees is so provided by the Board of Directors. The sitting Administrator may serve in the position until a new Administrator appointed pursuant to this paragraph is confirmed by the Senate.''; and (2) in subsection (b)-- (A) by striking ``Administrator.--There shall be'' and inserting ``Administrator.-- ``(1) In general.--There shall be''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B).''. SEC. 3. BOARD OF DIRECTORS. (a) Establishment.--Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: ``Sec. 20118. Board of Directors ``(a) Establishment.--There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the `Space Leadership Preservation Act of 2012'. ``(b) Membership and Appointment.--The Board shall consist of 11 members to be appointed as follows: ``(1) Three members shall be appointed by the President. ``(2) Three members shall be appointed by the president pro tempore of the Senate. ``(3) One member shall be appointed by the minority leader of the Senate. ``(4) Three members shall be appointed by the Speaker of the House of Representatives. ``(5) One member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. ``(c) Qualifications.--The persons appointed as members of the Board shall be-- ``(1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; ``(2) selected on the basis of established records of distinguished service; and ``(3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. ``(d) Limitation on Members.--An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for- profit organizations. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. ``(e) Terms.--The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. ``(f) Travel Expenses.--Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(g) Meetings.--The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. ``(h) Chairman and Vice Chairman.--The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. ``(i) Staff.--The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. ``(j) Special Commissions.--The Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this section. ``(k) Committees.--The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. ``(l) Functions.-- ``(1) Budget proposal.--Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall-- ``(A) carry out the purpose described in section 20102(h); ``(B) be based on-- ``(i) the best professional judgement of the Board; ``(ii) recommendations from the scientific, engineering, and other technical experts communities; and ``(iii) the recommendations of the most recent National Research Council decadal surveys; and ``(C) follow such decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. ``(2) Nominees for administrator, deputy administrator, and chief financial officer.--The Board shall provide to the President-- ``(A) a list of 3 nominees from which the President shall appoint an Administrator pursuant to section 20111(a); ``(B) a list of 3 nominees from which the President shall appoint a Deputy Administrator pursuant to section 20111(b); and ``(C) a list of 3 nominees from which the President shall appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act (31 U.S.C. 901(a)). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the `Space Leadership Preservation Act of 2012'. ``(3) Reports.-- ``(A) Annual infrastructure, capabilities, and workforce assessment.--The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. ``(B) Specific policy matter reports.--The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. ``(4) Quadrennial review.--The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. ``(5) Removal of administrator for cause.--The Board may provide to the President and the Congress a report recommending the removal of the Administrator for cause. Any such report shall include the reasons for such recommendation. ``(m) Budget Meetings.--Portions of Board meetings in which the Board considers the budget proposal required under subsection (l)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. ``(n) Financial Disclosure.--Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.''. (b) Table of Sections.--The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: ``20118. Board of Directors.''. SEC. 4. BUDGET PROPOSAL. Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: ``(e) Board of Directors Proposal.-- ``(1) Inclusion in president's proposed budget.--The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President's proposed budget and the budget provided by the Board of Directors under section 20118(l)(1). ``(2) Elements of budget proposal.--Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(l)(1).''. SEC. 5. LONG TERM CONTRACTING. (a) Amendments.--Section 20142 of title 51, United States Code, is amended-- (1) in the section heading, by striking ``Contracts regarding expendable launch vehicles'' and inserting ``Long term contracting''; (2) in subsection (a), by-- (A) striking ``expendable launch vehicle services'' and inserting ``rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto,''; and (B) striking ``related to launch'' and inserting ``related to''; and (3) in subsection (b), by striking ``launch services'' and inserting ``the goods and services to have been provided under the contract''. (b) Table of Sections Amendment.--The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: ``20142. Long term contracting.''.
Space Leadership Preservation Act of 2012 - Establishes a Board of Directors for the National Aeronautics and Space Administration (NASA). Sets forth Board membership and appointment criteria. Directs the President to appoint the NASA Administrator and Deputy Administrator from among a list of nominees provided by the Board. Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration. Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Affairs Retaliation Prevention Act of 2015''. SEC. 2. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS ``Sec. 721. Whistleblower complaint defined ``In this subchapter, the term `whistleblower complaint' means a complaint by an employee of the Department disclosing, or assisting another employee to disclose, a potential violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. ``Sec. 722. Treatment of whistleblower complaints ``(a) Filing.--(1) In addition to any other method established by law in which an employee may file a whistleblower complaint, an employee of the Department may file a whistleblower complaint with a supervisor of the employee. ``(2) In making a whistleblower complaint under paragraph (1), an employee shall file the initial complaint with the immediate supervisor of the employee. ``(b) Notification.--(1) Not later than two business days after the date on which a supervisor receives a whistleblower complaint by an employee under this section, the supervisor shall notify, in writing, the employee of whether the supervisor determines that there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level supervisor and the Office of Accountability Review of the Department a written report on the complaint. ``(2) On a monthly basis, the supervisor shall submit to the appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower complaints received by the supervisor under this section during the month covered by the report, the disposition of such complaints, and any actions taken because of such complaints pursuant to subsection (c). In the case in which such a director or official carries out this paragraph, the director or official shall submit such monthly report to the supervisor of the director or official and to the Office of Accountability Review. ``(c) Positive Determination.--If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint of an employee, the supervisor shall include in the notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint. ``(d) Filing Complaint With Next-Level Supervisors.--(1) If a supervisor does not make a timely determination under subsection (b)(1) regarding a whistleblower complaint, or if the employee who made the complaint determines that the supervisor did not adequately address the complaint pursuant to subsection (c), the employee may file such whistleblower complaint with the next-level supervisor who shall treat such complaint in accordance with this section. ``(2) An employee may file a whistleblower complaint with the Secretary if the employee has filed the whistleblower complaint to each level of supervisors between the employee and the Secretary in accordance with paragraph (1). ``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary shall-- ``(1) inform the employee of the ability to volunteer for a transfer in accordance with section 3352 of title 5; and ``(2) give preference to the employee for such a transfer in accordance with such section. ``(f) Prohibition on Exemption.--The Secretary may not exempt any employee of the Department from being covered by this section. ``Sec. 723. Adverse actions against employees who commit prohibited personnel actions relating to whistleblower complaints ``(a) In General.--(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against employees whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (d): ``(A) With respect to the first offense, an adverse action that is not less than a 14-day suspension and not more than removal. ``(B) With respect to the second offense, removal. ``(2)(A) Except as provided by subparagraph (B), and notwithstanding subsections (b) and (c) of section 7513 and section 7543 of title 5, the provisions of subsections (d) and (e) of section 713 of this title shall apply with respect to an adverse action carried out under paragraph (1). ``(B) An employee who is notified of being the subject of a proposed adverse action under paragraph (1) may not be given more than five days following such notification to provide evidence to dispute such proposed adverse action. If the employee does not provide any such evidence, or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such five- day period. ``(b) Fees.--(1) In addition to any adverse action carried out under subsection (a), to recoup costs borne by the Federal Government by reason of prohibited personnel actions described in subsection (d), the Secretary shall charge a fee to each employee who is found to have committed such a prohibited personnel action by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary. The Secretary shall afford such an employee notice and an opportunity for a hearing before charging such fee. ``(2) In carrying out paragraph (1), the Secretary shall prescribe a schedule of fees that takes into account the cost to the Federal Government of the prohibited personnel action committed by an employee described in such paragraph, including such costs paid by the Federal Government pursuant to an order to pay attorney fees described in section 1204(m) of title 5 or other similar order of an administrative judge or Federal judge. ``(c) Limitation on Other Adverse Actions.--With respect to a prohibited personnel action described in subsection (d), if the Secretary carries out an adverse action against an employee or charges a fee to an employee under a provision of law other than this section, the Secretary may carry out an additional adverse action or charge an additional fee under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a) and the total fees charged do not exceed the amount prescribed under subsection (b)(2). ``(d) Prohibited Personnel Action Described.--A prohibited personnel action described in this subsection is any of the following actions: ``(1) Taking or failing to take a personnel action in violation of section 2302 of title 5 against an employee relating to the employee-- ``(A) filing a whistleblower complaint in accordance with section 722 of this title; ``(B) filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress; ``(C) providing information or participating as a witness in an investigation of a whistleblower complaint in accordance with section 722 or with the Inspector General of the Department, the Special Counsel, or Congress; ``(D) participating in an audit or investigation by the Comptroller General of the United States; ``(E) refusing to perform an action that is unlawful or prohibited by the Department; or ``(F) engaging in communications that are related to the duties of the position or are otherwise protected. ``(2) Interfering with an employee making an action described in any of subparagraphs (A) through (F) of paragraph (1). ``(3) Conducting a peer review or opening a retaliatory investigation relating to an activity of an employee that is protected by section 2302 of title 5. ``(4) Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be. ``Sec. 724. Evaluation criteria of supervisors and treatment of bonuses ``(a) Evaluation Criteria.--(1) In evaluating the performance of supervisors of the Department, the Secretary shall include the criteria described in paragraph (2). ``(2) The criteria described in this subsection are the following: ``(A) Whether the supervisor treats whistleblower complaints in accordance with section 722. ``(B) Whether the appropriate deciding official, performance review board, or performance review committee determines that the supervisor was found to have committed a prohibited personnel action described in section 723(c) by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary. ``(b) Bonuses.--(1) The Secretary may not pay to a supervisor described in subsection (a)(2)(B) an award or bonus under this title or title 5, including under chapter 45 or 53 of such title, during the one-year period beginning on the date on which the determination was made under such subsection. ``(2) Notwithstanding any other provision of law, the Secretary shall issue an order directing a supervisor described in subsection (a)(2)(B) to repay the amount of any award or bonus paid under this title or title 5, including under chapter 45 or 53 of such title, if-- ``(A) such award or bonus was paid for performance during a period in which the supervisor committed a prohibited personnel action as determined pursuant to such subsection (a)(2)(B); ``(B) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and ``(C) the supervisor is afforded notice and an opportunity for a hearing before making such repayment. ``Sec. 725. Training regarding whistleblower complaints ``(a) Training.--The Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall annually provide to each employee of the Department training regarding whistleblower complaints, including-- ``(1) an explanation of each method established by law in which an employee may file a whistleblower complaint; ``(2) an explanation of prohibited personnel actions described by section 723(d) of this title; ``(3) with respect to supervisors, how to treat whistleblower complaints in accordance with section 722 of this title; ``(4) the right of the employee to petition Congress regarding a whistleblower complaint in accordance with section 7211 of title 5; ``(5) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191); ``(6) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and ``(7) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41. ``(b) Certification.--The Secretary shall annually provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory. ``(c) Publication.--The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to file a whistleblower complaint and to petition Congress regarding a whistleblower complaint as described in paragraphs (3) and (4) of subsection (a). ``Sec. 726. Reports to Congress ``(a) Annual Reports.--The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes-- ``(1) with respect to whistleblower complaints filed under section 722 during the year covered by the report-- ``(A) the number of such complaints filed; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints in which a positive determination was made by a supervisor under subsection (b)(1) of such section; ``(2) the number of whistleblower complaints filed during the year covered by the report that are not included under paragraph (1), including-- ``(A) the method in which such complaints were filed; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints; and ``(3) with respect to disclosures made by a contractor under section 4705 or 4712 of title 41-- ``(A) the number of complaints relating to such disclosures that were investigated by the Inspector General of the Department of Veterans Affairs during the year covered by the report; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints. ``(b) Notice of Office of Special Counsel Determinations.--Not later than 30 days after the date on which the Secretary receives from the Special Counsel information relating to a whistleblower complaint pursuant to section 1213 of title 5, the Secretary shall notify the Committees on Veterans' Affairs of the House of Representatives and the Senate of such information, including the determination made by the Special Counsel.''. (b) Conforming and Clerical Amendments.-- (1) Conforming amendment.--Such chapter is further amended by inserting before section 701 the following: ``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''. (2) Clerical amendments.--The table of sections at the beginning of such chapter is amended-- (A) by inserting before the item relating to section 701 the following new item: ``subchapter i--general employee matters''; and (B) by adding after the item relating to section 713 the following new items: ``subchapter ii--whistleblower complaints ``721. Whistleblower complaint defined. ``722. Treatment of whistleblower complaints. ``723. Adverse actions against employees who commit prohibited personnel actions relating to whistleblower complaints. ``724. Evaluation criteria of supervisors and treatment of bonuses. ``725. Training regarding whistleblower complaints. ``726. Reports to Congress.''.
Veterans Affairs Retaliation Prevention Act of 2015 Authorizes a Department of Veterans Affairs (VA) employee to file a whistleblower complaint with his or her immediate supervisor. Gives that supervisor two business days to determine and notify the employee as to whether there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or substantial and specific danger to public health and safety. Requires that supervisor to include in the employee notification specific actions that the supervisor will take to address a complaint deemed reasonably valid. Authorizes an employee whose supervisor fails to make a timely determination regarding the complaint or address the complaint to the employee's satisfaction, to file such complaint with the next-level supervisor, who shall make a determination regarding the complaint in accordance with the procedures this Act requires the immediate supervisor to follow. Authorizes an employee to file a whistleblower complaint with the VA Secretary if the employee has filed such complaint with each level of supervisors between the employee and the Secretary in accordance with such procedures. Requires each employee who receives a positive determination from a supervisor regarding a complaint to be: (1) informed by the Secretary of the employee's ability to volunteer for a transfer, and (2) given transfer preference. Directs the Secretary to carry out the following adverse actions against VA employees who are determined to have committed a prohibited personnel action relating to whistleblower complaints: (1) not less than a 14-day suspension, and not more than removal, for a first offense, and (2) removal for a second offense. Gives employees no more than five days following notification of such a proposed adverse action to dispute it. Requires the Secretary to charge an offending employee a fee that takes into account the costs borne by the federal government due to such prohibited personnel action. Requires the Secretary, when evaluating a supervisor's performance, to take into account any failure to follow this Act's procedures or any commission of a prohibited personnel action relating to a whistleblower complaint. Denies awards or bonuses to supervisors found to have committed such prohibited personnel actions. Directs the Secretary to: (1) provide each VA employee with annual training regarding whistleblower complaints; (2) provide annual training on merit system protection that the Special Counsel certifies as satisfactory; and (3) publish on the VA's website and prominently display at VA facilities the rights of an employee to file, and to petition Congress regarding, a whistleblower complaint.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Small Business Compete Act of 2010''. TITLE I--SMALL BUSINESS GOALS SEC. 101. SMALL BUSINESS GOAL. Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``23 percent'' and inserting ``25 percent''. SEC. 102. AGENCY GOAL NEGOTIATION. (a) Negotiation.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``The President shall annually establish Government-wide goals for procurement contracts'' and inserting ``The President shall before the close of each fiscal year establish new Government-wide procurement goals for the following fiscal year for procurement contracts.''. (b) Minimum Level.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``Notwithstanding the Government-wide goal, each agency shall have an annual goal'' and inserting ``Each agency shall have an annual goal, not lower than the Government-wide goal,''. SEC. 103. PROCEDURES AND METHODS FOR GOAL ACHIEVEMENT. (a) Goal Responsibility.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding the following after the first sentence: ``The goals established by the head of each agency shall be apportioned within the agency to a contracting office or offices (as that term is defined in section 2.101 of title 48, Code of Federal Regulations on January 1, 2009) that reports to a career appointee in the Senior Executive Service.''. (b) Senior Executive Service.-- (1) Purposes.--Section 3131 of title 5, United States Code, is amended by adding at the end the following: ``(15) ensure that the Government achieves the small business procurement goals set forth in section 15 of the Small Business Act (15 U.S.C. 644).''. (2) Training.--Section 3396(a) of title 5, United States Code, is amended by adding at the end the following: ``The training provided to senior executives shall include federal procurement policy, including the procurement provisions of the Small Business Act.''. (3) Limitation on sabbaticals.--Section 3396(c)(2) of title 5, United States Code-- (A) by striking the ``and'' at the end semi-colon at the end of subparagraph (B)(iii); (B) by striking the period at the end of subparagraph (C), and adding ``; or''; and (C) by adding at the end the following: ``(D) who oversees a contracting office that did not meet its small business procurement goals established annually in accordance with the procedures of section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)).''. (4) Limitation on incentive awards.--An employee in the Senior Executive Service shall not be eligible for any incentive award specified in subchapter I, chapter 45 of title 5, United States Code, if the contracting office which reports to that member of the Senior Executive Service fails to meet the procurement goals established annually in accordance with the procedures of section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)). Any member of the Senior Executive Service, whether career or non-career, to whom that member of the Senior Executive Service reports also shall not be eligible for any incentive award specified in subchapter I, chapter 45 of title 5, United States Code. SEC. 104. REPORTING REQUIREMENTS. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended by adding the following: ``(4) By November 1 of each year, the head of each Federal agency shall submit to Congress a report specifying the percentage of contracts awarded by that agency for the immediate preceding fiscal year that were awarded to small business concerns. If the percentage is less than the goal established by the head of the agency pursuant to this section, the head of the agency shall, in the report, explain why the agency did not reach the goal and what will be done to ensure that the goal for the following fiscal year will be achieved.''. TITLE II--CONTRACT BUNDLING SEC. 201. DEFINITIONS OF BUNDLING OF CONTRACT REQUIREMENTS. Section 3(o) of the Small Business Act (15 U.S.C. 632(o)) is amended to read as follows: ``(o) Definitions of Bundling of Contract Requirements and Related Terms.--For purposes of this Act: ``(1) Bundled contract.-- ``(A) In general.--The term `bundled contract' means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made. ``(B) Exceptions.--The term does not include-- ``(i) a contract or order with an aggregate dollar value below the dollar threshold specified in paragraph (4); or ``(ii) a contract or order that is entered into to meet procurement requirements, all of which are exempted requirements under paragraph (5). ``(2) Bundling of contract requirements.-- ``(A) In general.--The term `bundling of contract requirements' means the use of any bundling methodology to satisfy 2 or more procurement requirements for new or existing goods or services, including any construction services, that is likely to be unsuitable for award to a small business concern due to-- ``(i) the diversity, size or specialized nature of the elements of the performance specified; ``(ii) the aggregate dollar value of the anticipated award; ``(iii) the geographical dispersion of the contract or order performance; or ``(iv) any combination of the factors described in clauses (i), (ii), or (iii). ``(B) Exceptions.--The term does not include-- ``(i) the use of a bundling methodology for an anticipated award with an aggregate dollar value below the threshold specified in paragraph (4); or ``(ii) the use of a bundling methodology to meet procurement requirements, all of which are exempted under paragraph (5). ``(3) Bundling methodology.--The term `bundling methodology' means-- ``(A) a solicitation to obtain offers for a single contract or order, or a multiple award contract or order; ``(B) a solicitation of offers for the issuance of a task or a delivery order under an existing single or multiple award contract or order; or ``(C) the creation of any new procurement requirements that permits a consolidation of contract or order requirements. ``(4) Dollar threshold.--The term `dollar threshold' means-- ``(A) $65,000,000 if solely for construction services; and ``(B) $1,500,000 in all other cases. ``(5) Exempted requirements.--The term `exempted requirement' means one or more of the following: ``(A) A procurement requirement solely for items that are not commercial items (as the term `commercial item' is defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)) but this subparagraph shall not apply to any procurement requirement for a contract for goods or services provided by a business classified in sector 23 of the North American Industrial Classification System. ``(B) A procurement requirement with respect to which a determination that it is unsuitable for award to a small business concern previously been made by the agency. However, the Administrator shall have authority to review and reverse such a determination for purposes of this paragraph and, if the Administrator does reverse that determination, the term `exempted requirement' shall not apply to that procurement requirement. ``(6) Procurement requirement.--The term `procurement requirement' means a determination by an agency that a specified good or service is needed to satisfy the mission of the agency.''. SEC. 202. JUSTIFICATION. (a) Statement of Bundled Contract Requirements.--Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended-- (1) by striking ``is in quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely'' and inserting ``would now be combined with other requirements for goods and services''; (2) by striking ``(2) why delivery schedules'' and inserting ``(2) the names, addresses and size of the incumbent contract holders, if applicable; (3) a description of the industries that might be interested in bidding on the contract requirements; (4) the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged, including any small business bidders that had bid on previous procurement requirements that are included in the bundling of contract requirements; (5) why delivery schedules''; (3) by striking ``(3) why the proposed acquisition'' and inserting ``(6) why the proposed acquisition''; (4) by striking ``(4) why construction'' and inserting ``(7) why construction''; (5) by striking ``(5) why the agency'' and inserting ``(8) why the agency''; (6) by striking ``justified'' and inserting ``justified. The statement also shall set forth the proposed procurement strategy required by subsection (e) and, if applicable, the specifications required by subsection (e)(3). Concurrently, the statement shall be made available to the public, including through dissemination in the Federal contracting opportunities database.''; and (7) by inserting after ``prime contracting opportunities.'' the following: ``If no notification of the procurement and accompanying statement is received, but the Administrator determines that there is cause to believe the contract combines requirements or a contract (single or multiple award) or task or delivery order for construction services or includes unjustified bundling, then the Administrator can demand that such a statement of work goods or services be completed by the procurement activity and sent to the Procurement Center Representative and the solicitation process postponed for at least 10 days but no more than 30 days to allow the Administrator to review the statement and make recommendations as described in this section before procurement is continued.''. (b) Substantial Measurable Benefits.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end of subparagraph (2)(C), the following: ``Cost savings shall not include any reduction in the in the use of military interdepartmental purchase requests or any similar transfer funds among federal agencies for the use of a contract issued by another federal agency.''. SEC. 203. APPEALS. Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended-- (1) by striking ``If a proposed procurement includes in its statement'' and inserting ``If a proposed procurement would adversely affect one or more small business concerns, including, but not limited to, the potential loss of an existing contract, or if a proposed procurement includes in its statement''; and (2) by inserting before ``Whenever the Administrator and the contracting procurement agency fail to agree,'' the following: ``If a small business concern would be adversely affected, directly or indirectly, by the procurement as proposed, and that small business concern or a trade association of which that small business concern is a member so requests, the Administrator may, take action to further the interests of the small business.''. SEC. 204. THIRD-PARTY REVIEW. Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d)) is amended-- (1) by striking ``(d) The Armed Services Board'' and inserting ``(d)(1) The Armed Services Board''; and (2) by inserting at the end the following: ``(2) Contract Bundling.-- ``(A) In general.--Whenever the head of a contracting agency makes a decision in accordance with section 15(a) of the Small Business Act concerning the Administrator of the Small Business Administration's challenge to a bundling of contract requirements, the Administrator, within ten days after such decision may file a challenge with the appropriate agency board of contract appeals. ``(B) Procedure.--The board shall provide the Administrator and the head of the contracting agency the opportunity to provide their views on the disputed contract. No oral testimony or oral argument shall be permitted. The board shall render its decision within thirty days after the appeal has been filed. The decision of the board shall be final.''. TITLE III-- SMALL BUSINESS SUBCONTRACTING SEC. 301. GOOD FAITH COMPLIANCE WITH SUBCONTRACTING PLANS. Section 8(d)(10) of the Small Business Act (15 U.S.C. 637(d)(10)) is amended by-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C), and inserting ``; and''; and (3) by adding at the end the following: ``(D) Not later than 180 days after enactment of this Act, the Administrator shall, after the opportunity for notice and comment, promulgate regulations governing the Administrator's review of subcontracting plans including the standards for determining good faith compliance with the subcontracting plans.''. SEC. 302. LIMITATIONS ON SUBCONTRACTING. (a) Regulations for Contract Administration.--Section 15(o) of the Small Business Act (15 U.S.C. 644(o)) is amended by adding at the end the following: ``(4) Not later than 180 days after enactment of this Act, the Administrator shall, after the opportunity for notice and comment, promulgate regulations that specify the responsibilities that each agency and the Administration personnel will have in enforcing the restrictions set forth in paragraph (1). Such regulations also shall specify reporting and recordkeeping requirements for contracts covered by paragraph (1).''. (b) Contractor Penalties.--Section 16 of the Small Business Act (15 U.S.C. 645) is amended by adding at the end the following: ``(g) A small business that violates the requirements of section 15(o)(1) of the Small Business Act shall be subject to the penalties set forth in subsection (d).''. SEC. 303. CRIMINAL VIOLATIONS. Section 1001(a) of title 18, United States Code, is amended-- (1) in paragraph (2) by striking the ``or'' at the end; (2) in paragraph (3) by adding ``or'' at the end; (3) inserting after paragraph (3) the following: ``(4) makes in writing or electronically a false statement concerning status as a small business concern or compliance with the requirements of the Small Business Act in an effort to obtain, retain, or complete a federal government contract;''; and (4) by adding at the end the following: ``For violation of paragraph (4) of this subsection, notwithstanding section 3571(e), the fine under this title shall be the total value of the contract or $1,000,000 whichever is greater.''.
Helping Small Business Compete Act of 2010 - Amends the Small Business Act to increase from 23% to 25% the government-wide small business procurement contract goal. Requires the President, before the close of each fiscal year, to establish new goals. Requires each federal agency to have an anuual goal at least equal to the federal goal. Sets forth provisions concerning methods for goal achievement, including requiring procurement training for senior executives and a limitation on incentive awards for failure to meet goals. Redefines the term: (1) "bundled contract" to mean a contract or order entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made; and (2) "bundling of contract requirements" to mean any bundling methodology to satisfy two or more procurement requirements for new or existing goods or services, including any construction services, that is likely to be unsuitable for award to a small business due to the specialized nature of performance, the dollar value of the award, or the geographical dispersion of the contract or order performance. Makes the revised definitions inapplicable for contracts under $65 million for construction services and, for all other types of contracts, under $5 million. Requires notification to Small Business Administration (SBA) procurement center representatives of identifying information on incumbent contract holders, a description of the industries potentially interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is bundled. Allows the SBA Administrator, if there is cause to believe a contract combines requirements or a contract or task or delivery order for construction services or includes unjustified bundling, to request a statement of work for goods and services, and to request that the solicitation process be postponed at least 10 days (but not more than 30) to allow the Administrator to review the statement and make recommendations. Allows a small business adversely affected by a proposed procurement that includes contract bundling to take specified actions. Allows the SBA, whenever the head of a contracting agency makes a decision concerning the Administrator's challenge to a bundling of contract requirements, to file a challenge with the appropriate agency board of contract appeals. Requires the Administrator to promulgate regulations concerning good faith compliance with small business subcontracting plans and requirements. Provides criminal penalties for violators making false statements in an effort to obtain a federal contract.
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SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS. (a) Establishment.-- (1) In general.--There is established a program, in each of the United States district courts designated under subsection (b), under which-- (A) those district judges of that district court who request to hear cases under which one or more issues arising under any Act of Congress relating to patents or plant variety protection must be decided, are designated by the chief judge of the court to hear those cases; (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A); (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and (D) a case declined under subparagraph (C) is randomly reassigned to one of those judges of the court designated under subparagraph (A). (2) Senior judges.--Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated. (3) Right to transfer cases preserved.--This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court. (b) Designation.--The Director of the Administrative Office of the United States Courts shall, not later than 6 months after the date of the enactment of this Act, designate not less than 5 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out. The Director shall make such designation from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended, except that the Director may only designate a court in which-- (1) at least 10 district judges are authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under other provisions of law; and (2) at least 3 judges of the court have made the request under subsection (a)(1)(A). (c) Duration.--The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d) Applicability.--The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e) Reporting to Congress.-- (1) In general.--At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include-- (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to-- (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered; (D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts. (2) Timetable for reports.--The times referred to in paragraph (1) are-- (A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and (B) not later than 5 years after the date described in subparagraph (A). (3) Periodic reporting.--The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1). (f) Authorization for Training and Clerkships.--In addition to any other funds made available to carry out this section, there is authorized to be appropriated not less than $5,000,000 in each fiscal year for-- (1) educational and professional development of those district judges designated under subsection (a)(1)(A) in matters relating to patents and plant variety protection; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases. Amounts made available pursuant to this subsection shall remain available until expended. Passed the House of Representatives September 28, 2006. Attest: KAREN L. HAAS Clerk.
Establishes a 10-year pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated. Requires the Director of the Administrative Office of the U.S. Courts to designate at least five U.S. district courts, in at least three different judicial circuits, to carry out the pilot program. Requires such courts to be among the 15 district courts in which the largest number of such cases were filed in the most recent calendar year. States that the Director may only designate a court in which: (1) at least 10 district judges are authorized for presidential appointment; and (2) at least three judges request such cases. Requires periodic reports on the program to specified congressional committees. Authorizes appropriations for: (1) educational and professional development of those district judges designated under this Act; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases who are appointed to assist courts in such cases.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teen Substance Abuse Treatment Act of 1999''. SEC. 2. GRANTS TO PRIVATE ENTITIES. Part F of title V of the Public Health Service Act (42 U.S.C. 290gg et seq.) is amended by adding at the end the following: ``SEC. 572. GRANTS TO SUBSTANCE ABUSE TREATMENT PROVIDERS. ``(a) In General.--The Secretary may award grants, contracts, or cooperative agreements to public and private nonprofit entities for the purpose of providing substance abuse treatment services for youth. ``(b) Priority.--In awarding grants, contracts, or cooperative agreements under subsection (a), the Secretary shall, to the extent practicable, distribute amounts in each major geographic region in the United States, in both urban and rural areas, and give priority to applications that propose to-- ``(1) coordinate services with other social agencies in the community, including educational, juvenile justice, child welfare, and mental health; and ``(2) provide individualized treatment, taking the gender and culture of the individual seeking treatment into account. ``(c) Duration of Grants.--The Secretary shall award grants, contracts, or cooperative agreements under this section for a period not to exceed 5 fiscal years. ``(d) Use of Funds.--Amounts provided under a grant, contract, or cooperative agreement under this section shall be used to promote the development of knowledge of youth substance abuse through projects that will-- ``(1) provide a continuum of integrated treatment services, including case management, for young individuals who have substance abuse problems and their family members; ``(2) offer individualized treatment services for young individuals who have substance abuse problems that take into account that individual's particular problems and his or her chronological and developmental age; ``(3) address the relationship between youth substance abuse and antisocial, aggressive, and violent behaviors in youth; ``(4) address the relationship between youth substance abuse and psychiatric disorders, including depression, attention deficit disorder, attention deficit hyperactivity disorder, affective disorder, and conduct disorder; ``(5) promote projects that incorporate transitional support services for families of young substance abusers who have come in contact with the juvenile justice system; ``(6) address the barriers involved in providing substance abuse treatment, retention, and followup care; ``(7) address the special needs of young individuals who have substance abuse problems and have been involved with juvenile justice or the child welfare system, have physical or cognitive disabilities, live in displaced conditions, or have parents who have substance abuse problems; and ``(8) apply the most successful, research-based and cost- effective methods for the treatment of substance abuse by youth. ``(e) Application.--A public or private nonprofit entity that desires a grant, contract, or cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- ``(1) a statement detailing the manner in which the entity will evaluate projects assisted under this section; and ``(2) a statement ensuring that the entity will submit an annual report described in subsection (g). ``(f) Matching Requirement.--The Secretary may not award a grant, contract, or cooperative agreement to a public or private nonprofit entity unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the services for which the grant, contract, or cooperative agreement was awarded, the entity will make available non-Federal contributions in an amount that-- ``(1) for the first and second fiscal years for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $3 of Federal funds so provided; ``(2) for the third fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $2 of Federal funds so provided; ``(3) for the fourth fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $1 of Federal funds so provided; and ``(4) for the fifth fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $2 for each $1 of Federal funds so provided. ``(g) Annual Report.--A public or private nonprofit entity that receives a grant, contract, or cooperative agreement under subsection (a) shall prepare and submit an annual report to the Secretary that describes the projects carried out pursuant to this section. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $40,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 and 2002.''.
Teen Substance Abuse Treatment Act of 1999 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, contacts, or cooperative agreements to nonprofit entities to provide substance abuse treatment services for youth. Authorizes appropriations.
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SECTION 1. FINDINGS. The Congress makes the following findings: (1) Ensuring secure access to energy is in the highest national security interests of the United States. (2) Without secure access to oil supplies, the United States economy, which depends heavily on oil for transportation, could be severely affected. Two-thirds of the oil used in the United States is consumed by the transportation sector. Passenger vehicles alone account for 40 percent of United States oil use. (3) In the year 2000, the United States imported 58 percent of its oil needs, 45 percent of which came from Organization of Petroleum Exporting Countries (OPEC) nations. (4) Over the next 20 years, according to the Energy Information Administration, the United States's demand for oil is projected to increase by 33 percent. (5) In 1973 OPEC placed an embargo on sales of oil to the United States, creating severe oil shortages and driving up oil prices in the United States. OPEC's action was a major factor in the recession which followed shortly thereafter. (6) Under the ``Carter Doctrine'', announced by President Carter in 1980, ``An attempt by any outside forces to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force.''. (7) Following the Iraqi invasion of Kuwait in 1990, the United States sent more than 500,000 troops to the Persian Gulf to expel the Iraqi troops, liberate Kuwait, protect Saudi Arabia, and ensure access to Persian Gulf oil. (8) As of March 19, 2003, the United States is on the verge of fighting yet another war against Iraq to further ensure access to vital oil supplies. (9) Many major oil producing nations do not share United States values of democracy, freedom of expression, thought, and religion, and equality for women. (10) During the Afghanistan conflict and the war on terrorism, many oil producing nations did not openly support the United States campaign to end the terror, and many of the terrorists of September 11 came from major OPEC nations. (11) It is in the highest national security interests of the United States to substantially reduce our dependence on oil as soon as possible, to secure our access to oil supplies, and to reduce our dependence on nations which do not share our interests and values. (12) Because most oil is consumed by the transportation sector, reduction of our dependence on oil can only come from major increases in fuel efficiency in cars, sport utility vehicles, light trucks, and other vehicles. (13) To protect United States national security interests after September 11, the United States Government has invested heavily in securing many industrial sectors, including airlines and the national health system. SEC. 2. FUEL EFFICIENCY VEHICLE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following: ``SEC. 30B. FUEL EFFICIENCY VEHICLE CREDIT. ``(a) Allowance of Credit.-- ``(1) Fuel economy not less than 40 miles per gallon.--At the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the cost of any qualified fuel-effi cient vehicle placed in service by the taxpayer during the taxable year. ``(2) Fuel economy not less than 50 miles per gallon.--In the case of a qualified fuel-efficient vehicle in which the fuel economy (within the meaning of subsection (c)(1)) is not less than 50 miles per gallon-- ``(A) paragraph (1) shall be applied by substituting `35 percent' for `25 percent', and ``(B) subsection (b) shall be applied by substituting `$6,000' for $5,000'. ``(b) Limitation.--The amount of the credit allowed by subsection (a) shall not exceed $5,000. ``(c) Qualified Fuel-Efficient Vehicle.--For purposes of this section, the term `qualified fuel-efficient vehicle' means a motor vehicle (as defined in section 30(c)(2))-- ``(1) in which the fuel economy (determined in accordance with section 4064) of such vehicle is rated at not less than 40 miles per gallon, ``(2) which is-- ``(A) an automobile (as defined in section 4064(b)), or ``(B) a truck or van with an unloaded gross vehicle weight rating not greater than 7,500 pounds, and ``(3) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc. not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 30, 179, or 179A. ``(e) Carryforward of Unused Credits.--If the credit allowable under subsection (a) for any taxable year exceeds-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and this part (other than this section), over ``(2) the tentative minimum tax for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (b) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Fuel-efficiency vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. FUEL EFFICIENT VEHICLE ASSEMBLY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. FUEL-EFFICIENT VEHICLE ASSEMBLY CREDIT. ``(a) General Rule.--For purposes of section 38, the fuel-efficient vehicle assembly credit determined under this section for the taxable year is an amount equal to the product of $2,000 and the number of qualified fuel-efficient vehicles manufactured or produced in the United States by the taxpayer during the taxable year for their 1st retail sale. ``(b) Qualified Fuel-Efficient Vehicle.--For purposes of subsection (a), the term `qualified fuel-efficient vehicle' has the meaning given to such term by section 30B(c). ``(c) 1st Retail Sale.--For purposes of subsection (a), the term `1st retail sale' has the meaning given to such term by section 4002.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general 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 fuel-efficient vehicle assembly credit determined under section 45G(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Fuel-efficient vehicle assembly credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. LOAN GUARANTEES. (a) General Authority.--The Secretary of Energy may provide loan guarantees to manufacturers of motor vehicles or of motor vehicle engines for the purposes described in subsection (b). (b) Eligible Purposes.--Loans guaranteed under this section shall be used for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of motor vehicles or engines achieving more than 40 miles per gallon of gasoline. Such loans may not be used for advertising or promotional costs. (c) Aggregate Amount of Loan Guarantees.--The aggregate amount of loans that may be guaranteed under this section at any one time shall not exceed $1,000,000,000. (d) Limitation on Loan Guarantee Size.--The Secretary shall not guarantee a loan under this section for an amount greater than $100,000,000. (e) Rates of Interest.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. (f) Ability To Repay.--The Secretary shall not make a loan guarantee under this section unless the Secretary has made a finding in writing that the recipient of the loan is likely to be able to repay the loan according to its terms. (g) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under this section, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for loan guarantees made under this section. (h) Full Faith and Credit.--All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States backed by the full faith and credit of the United States. (i) Modifications.--The Secretary may approve the modification of any term or condition of a loan guarantee or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- (1) the modification is equitable and is in the overall best interests of the United States; and (2) consent has been obtained from the applicant and the holder of the obligation. (j) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan guaranteed under this section. The Secretary shall ensure that each loan guarantee made under this section contains terms and conditions that provide that-- (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and (5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. (k) Rights of the Secretary.-- (1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (j) in connection with a loan guarantee made under this section, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. (2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. (l) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the holder of the obligation in the event of a default on a loan guaranteed under this section. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- (1) the amount paid to the holder of a guarantee under subsection (j); and (2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. (m) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this section, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. (n) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. (o) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation. (p) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section such sums as may be necessary for fiscal years 2003 through 2007. (q) Definitions.--For purposes of this section: (1) The term ``loan guarantee'' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (2) The term ``loan guarantee commitment'' means a binding agreement by the Secretary of Energy to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (3) The term ``modification'' means any Government action that alters the estimated cost of an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding loan guarantees (or loan guarantee commitments) such as a change in collection procedures. SEC. 5. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. EXCLUSION OF QUALIFIED FUEL-EFFICIENT VEHICLES FROM CALCULATION OF AVERAGE FUEL ECONOMY OF A MANUFACTURER. Section 32904(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) In calculating the average fuel economy of a manufacturer under paragraph (1), the Administrator shall not consider any automobile manufactured by the manufacturer for which a credit is allowed under section 38(a)(16) of the Internal Revenue Code of 1986.''.
Amends the Internal Revenue Code to allow a taxpayer as credits against income tax: (1) a fuel efficiency vehicle credit equal to 25 percent of the cost of any qualified fuel-efficient vehicle placed in service during the taxable year; and (2) a fuel-efficient vehicle assembly credit equal to $2,000 for every qualified fuel-efficient vehicle manufactured or produced in the United States during such year for first retail sale. Authorizes the Secretary of Energy to provide loan guarantees of up to $100 million per loan (and up to $1 billion over all) to manufacturers of motor vehicles or of motor vehicle engines for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of such products achieving more than 40 miles per gallon Amends the Internal Revenue Code to: (1) extend permanently the credit for increasing research activities; and (2) increase the alternative incremental credit rates.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Through Fair Oil Royalties Act''. SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Definitions.--In this section: (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Secretary under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is-- (A) a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person-- (1) has renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) has entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (d) Use of Amounts for Deficit Reduction.--Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for-- (1) Federal budget deficit reduction; or (2) if there is no Federal budget deficit, reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. (a) In General.--The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (b) New or Revised Price Thresholds.--An amended lease under subsection (a) shall impose the new or revised price thresholds effective on October 1, 2015. (c) Existing Lease Provisions.--Lease provisions in effect on the date of enactment of this Act shall prevail through September 30, 2015.
Deficit Reduction Through Fair Oil Royalties Act This bill prohibits the Department of the Interior from issuing new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act unless they have been renegotiated to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds. Rentals or royalties received by the United States under covered leases must be deposited in the Treasury and used for federal budget deficit reduction or, if there is no federal budget deficit, federal debt reduction. Interior must agree to a lessee's request to amend a lease to incorporate price thresholds applicable to royalty suspension requirements that are equal to or less than certain statutory price thresholds if the lease was issued for any Central and Western Gulf of Mexico tract on or after January 1, 1996, through November 28, 2000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Christopher and Dana Reeve Paralysis Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--PARALYSIS RESEARCH Sec. 101. Activities of the National Institutes of Health with respect to research on paralysis. TITLE II--PARALYSIS REHABILITATION RESEARCH AND CARE Sec. 201. Activities of the National Institutes of Health with respect to research with implications for enhancing daily function for persons with paralysis. TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES Sec. 301. Programs to improve quality of life for persons with paralysis and other physical disabilities. TITLE I--PARALYSIS RESEARCH SEC. 101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON PARALYSIS. (a) Coordination.--The Director of the National Institutes of Health (referred to in this Act as the ``Director''), pursuant to the general authority of the Director, may develop mechanisms to coordinate the paralysis research and rehabilitation activities of the Institutes and Centers of the National Institutes of Health in order to further advance such activities and avoid duplication of activities. (b) Christopher and Dana Reeve Paralysis Research Consortia.-- (1) In general.--The Director may make awards of grants to public or private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. The Director shall designate each consortium funded through such grants as a Christopher and Dana Reeve Paralysis Research Consortium. (2) Research.--Each consortium under paragraph (1)-- (A) may conduct basic, translational, and clinical paralysis research; (B) may focus on advancing treatments and developing therapies in paralysis research; (C) may focus on one or more forms of paralysis that result from central nervous system trauma or stroke; (D) may facilitate and enhance the dissemination of clinical and scientific findings; and (E) may replicate the findings of consortia members or other researchers for scientific and translational purposes. (3) Coordination of consortia; reports.--The Director may, as appropriate, provide for the coordination of information among consortia under paragraph (1) and ensure regular communication among members of the consortia, and may require the periodic preparation of reports on the activities of the consortia and the submission of the reports to the Director. (4) Organization of consortia.--Each consortium under paragraph (1) may use the facilities of a single lead institution, or be formed from several cooperating institutions, meeting such requirements as may be prescribed by the Director. (c) Public Input.--The Director may provide for a mechanism to educate and disseminate information on the existing and planned programs and research activities of the National Institutes of Health with respect to paralysis and through which the Director can receive comments from the public regarding such programs and activities. TITLE II--PARALYSIS REHABILITATION RESEARCH AND CARE SEC. 201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR ENHANCING DAILY FUNCTION FOR PERSONS WITH PARALYSIS. (a) In General.--The Director, pursuant to the general authority of the Director, may make awards of grants to public or private entities to pay all or part of the costs of planning, establishing, improving, and providing basic operating support to multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on one or more forms of paralysis that result from central nervous system trauma, disorders, or stroke, or any combination of such conditions. (b) Research.--A multicenter network of clinical sites funded through this section may-- (1) focus on areas of key scientific concern, including-- (A) improving functional mobility; (B) promoting behavioral adaptation to functional losses, especially to prevent secondary complications; (C) assessing the efficacy and outcomes of medical rehabilitation therapies and practices and assisting technologies; (D) developing improved assistive technology to improve function and independence; and (E) understanding whole body system responses to physical impairments, disabilities, and societal and functional limitations; and (2) replicate the findings of network members or other researchers for scientific and translation purposes. (c) Coordination of Clinical Trials Networks; Reports.--The Director may, as appropriate, provide for the coordination of information among networks funded through this section and ensure regular communication among members of the networks, and may require the periodic preparation of reports on the activities of the networks and submission of reports to the Director. TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES SEC. 301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') may study the unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) may include-- (1) the development of a national paralysis and physical disability quality of life action plan, to promote health and wellness in order to enhance full participation, independent living, self-sufficiency, and equality of opportunity in partnership with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Disability and Health Program of the Centers for Disease Control and Prevention; (2) support for programs to disseminate information involving care and rehabilitation options and quality of life grant programs supportive of community-based programs and support systems for persons with paralysis and other physical disabilities; (3) in collaboration with other centers and national voluntary health agencies, the establishment of a population- based database that may be used for longitudinal and other research on paralysis and other disabling conditions; and (4) the replication and translation of best practices and the sharing of information across States, as well as the development of comprehensive, unique, and innovative programs, services, and demonstrations within existing State-based disability and health programs of the Centers for Disease Control and Prevention which are designed to support and advance quality of life programs for persons living with paralysis and other physical disabilities focusing on-- (A) caregiver education; (B) promoting proper nutrition, increasing physical activity, and reducing tobacco use; (C) education and awareness programs for health care providers; (D) prevention of secondary complications; (E) home- and community-based interventions; (F) coordinating services and removing barriers that prevent full participation and integration into the community; and (G) recognizing the unique needs of underserved populations. (c) Grants.--The Secretary may award grants in accordance with the following: (1) To State and local health and disability agencies for the purpose of-- (A) establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; (B) developing comprehensive paralysis and other physical disability action plans and activities focused on the items listed in subsection (b)(4); (C) assisting State-based programs in establishing and implementing partnerships and collaborations that maximize the input and support of people with paralysis and other physical disabilities and their constituent organizations; (D) coordinating paralysis and physical disability activities with existing State-based disability and health programs; (E) providing education and training opportunities and programs for health professionals and allied caregivers; and (F) developing, testing, evaluating, and replicating effective intervention programs to maintain or improve health and quality of life. (2) To private health and disability organizations for the purpose of-- (A) disseminating information to the public; (B) improving access to services for persons living with paralysis and other physical disabilities and their caregivers; (C) testing model intervention programs to improve health and quality of life; and (D) coordinating existing services with State-based disability and health programs. (d) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate by the agencies of the Department of Health and Human Services. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2008 through 2011. Passed the House of Representatives October 15, 2007. Attest: LORRAINE C. MILLER, Clerk.
Christopher and Dana Reeve Paralysis Act – Title I: Paralysis Research - (Sec. 101) Requires the Director of the National Institutes of Health (NIH) to develop mechanisms to coordinate NIH paralysis research and rehabilitation activities in order to further advance and avoid duplication of such activities. Authorizes the Director to make grants for the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. Requires the Director to designate each consortium funded as a Christopher and Dana Reeve Paralysis Research Consortium. Authorizes such consortia to: (1) conduct basic, translational, and clinical paralysis research; (2) facilitate and enhance the dissemination of clinical and scientific findings; and (3) replicate the findings of consortia members or other researchers for scientific and translational purposes. Authorizes the Director to provide for a mechanism to educate and disseminate information on NIH paralysis programs and research activities, through which the Director can receive comments from the public. Title II: Paralysis Rehabilitation Research and Care - (Sec. 201) Requires the Director to award grants for multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on forms of paralysis that result from central nervous system trauma, disorders, and/or stroke. Authorizes a multicenter network of clinical sites to: (1) focus on areas of key scientific concern, including improving functional mobility; and (2) replicate the findings of network members or other researchers for scientific and translation purposes. Title III: Improving Quality of Life for Persons with Paralysis and Other Physical Disabilities - (Sec. 301) Authorizes the Secretary of Health and Human Services to: (1) study the unique health challenges associated with paralysis and other physical disabilities; and (2) carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities, including developing a national paralysis and physical disability quality of life action plan and establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions. Authorizes the Secretary to award grants to state and local health disability agencies to: (1) establish a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; (2) develop comprehensive paralysis and other physical action plans and activities; (3) assist state-based programs in collaborating with people with paralysis and other physical disabilities and their constituent organization; (4) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (5) provide education and training opportunities and programs for health professionals and allied caregivers; and (6) develop, test, evaluate, and replicate effective intervention programs to maintain or improve health and quality of life. Allows the Secretary to award grants to private health and disability organizations to: (1) disseminate information to the public; (2) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; (3) test model intervention programs to improve health and quality of life; and (4) coordinate existing services with state-based disability and health programs. Authorizes appropriations for FY2008-FY2011.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonviolent Futures for Children Act''. SEC. 2. PURPOSE. It is the purpose of this Act to reduce and prevent the incidence of violence involving children through grant programs that encourage prevention, intervention, and the rehabilitation of youth offenders. The accomplishment of this larger purpose will be advanced through the following short-term goals: (1) Teach children to resolve conflicts peacefully, teach older youth life skills, enhance self-esteem among all children, and make schools safer places to learn. (2) Work with the families of school children through parenting education. (3) Educate teachers and other education professionals in violence prevention techniques, and train such teachers and professionals to identify and assist high-risk children. (4) Create partnerships between local schools and community-based organizations or agencies to develop supportive programs for youth in order to meet the academic as well as after-school and social needs of youth. (5) Assist and rehabilitate youth offenders by providing funds for community-based programs. SEC. 3. FINDINGS. The Congress finds that-- (1) youth are disproportionately represented among the victims of violence, for example-- (A) United States teenagers are more than twice as likely as adults to be victims of violent crime; and (B) firearm homicide is the second leading cause of death for all youth, aged 15 to 24; (2) child abuse and neglect are increasing at alarming rates, for example-- (A) child abuse fatalities increased nearly 50 percent between 1986 and 1992; (B) more than one-half of such fatalities resulted from physical abuse; and (C) child abuse and neglect reports have increased 50 percent since 1985; and (3) violence is cyclical, for example-- (A) being abused or neglected as a child increases the likelihood of arrest for violent crime by 38 percent, of juvenile arrest by 53 percent, and of adult arrest by 38 percent; (B) two-thirds of men who abuse their wives are from violent childhood homes and about one-half of such men were abused as children; and (C) eighty-four percent of prison inmates were abused as children. SEC. 4. GRANTS FOR PREVENTION ACTIVITIES. (a) Program Authorized.-- (1) In general.--The Secretary shall award grants on a competitive basis to eligible local educational agencies to enable such agencies to pay the Federal share of the cost of providing preventive services and interventions intended to reduce the incidence of violence. (2) Grant duration.--A grant under this section shall be awarded for a period of not less than 3 years nor more than 5 years. (b) Eligible Local Educational Agency.--For the purpose of this section, the term ``eligible local educational agency'' means a local educational agency that-- (1) receives assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) serves an area in which there is a high rate of violence affecting children and youth; and (3)(A) in the case of a local educational agency conducting activities described in subparagraphs (A) and (B) of subsection (f)(2), enters into a partnership agreement with at least one community-based organization or agency, such as a business, labor organization, professional society, government agency, university or nonprofit entity, to carry out such activities; (B) in the case of a local educational agency conducting activities described in subparagraph (D) of subsection (f)(2), demonstrates to the satisfaction of the Secretary in the application submitted under subsection (d) a commitment for participation in such activities from a local law enforcement agency; and (C) in the case of a local educational agency conducting activities described in subparagraph (E) of subsection (f)(2), enters into a partnership agreement with at least one community-based organization or agency described in subparagraph (A) to carry out such activities, which agreement shall require such agency or organization to provide substantive training, work experience, or job placement services after the job training described in such subparagraph (E) is complete. (c) Payments; Federal Share; Limitation.-- (1) Payments.--The Secretary shall pay to each eligible local educational agency having an application approved under subsection (d) the Federal share of the cost of the activities described in the application. (2) Federal share.--The Federal share-- (A) for the first year for which an eligible local educational agency receives assistance under this section shall be 80 percent; (B) for the second such year shall be 70 percent; and (C) for the third and each succeeding such year shall be 50 percent. (3) Non-federal share.--The non-Federal share of payments under this section may be in cash or in kind fairly evaluated, including planned equipment or services. (d) Applications.--Each eligible local educational agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall include-- (1) an assessment of the extent and nature of the violence affecting children and youth in the community served by such agency; (2) an assurance that the applicant has written policies regarding violence, school safety, and student discipline; (3) a description of the activities to be carried out with the grant funds, and how such activities will help address the problem of youth violence in the community; (4) the applicant's plan to involve parents, teachers, school personnel, youth and others from the community in the applicant's effort to address youth violence; (5) coordination with other school reform and improvement efforts; (6) an assurance that grant funds will be used to supplement and not supplant State and local funds available to reduce and prevent the incidence of violence involving children; and (7) such other information the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible local educational agencies serving areas with-- (1) a high concentration of disadvantaged students; and (2) a high rate of violence affecting children and youth. (f) Use of Funds.-- (1) School-based activities.--A local educational agency receiving a grant under this section may use such grant funds to provide one or more of the following school-based activities: (A) Peer education or peer mediation, to teach youth to resolve conflicts through peer influence. (B) Conflict resolution training, to teach youth conflict management skills, including how to defuse a potentially violent situation. (C) Social skills training, with an emphasis on building self-esteem, improving interpersonal relationships and communication skills, and decreasing aggressive behavior. (D) Youth designed and developed programs, to address the problem of violence. (E) Parenting education, as age-appropriate, to prepare students for adult responsibilities of rearing children, including instruction in child development and family dynamics. (F) Postsecondary educational opportunity projects, including-- (i) exposure to postsecondary educational opportunities, including academic and vocational opportunities; (ii) information on assistance available under title IV of the Higher Education Act of 1965, including financial aid, programs assisted under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (Federal TRIO Programs), and early intervention programs; (iii) early identification of students at- risk; and (iv) other support services. (G) Remodeling and security personnel, including minor remodeling to reduce the risk of violence, such as removing lockers, installing better lights, controlling access to stairwells, acquiring and installing metal detectors, hiring security personnel, and reimbursing law enforcement authorities for services. (2) School-community partnership activities.--A local educational agency receiving a grant under this section may use such grant funds to provide one or more of the following school-community partnership activities: (A) After-school programs for youth which, at a minimum, shall include academic support programs, sports, arts, crafts, community service and recreation activities. (B) Mentoring programs to pair adults with children and youth to provide one-to-one assistance, attention and guidance. (C) Parenting skills courses, offered with the support of parents in the community, to provide parents of students served by the eligible local educational agency with parenting skills training. (D) Professional training, to train education professionals and school personnel in violence prevention, conflict resolution, anger management, and peer mediation techniques, and to identify high-risk youth and refer such youth for appropriate services. (E) Job training and placement programs, including-- (i) the provision of incentives for participants to complete their secondary education; (ii) the provision of job training with subsequent employment placement in a position which directly utilizes the training provided; and (iii) the exposure to postsecondary educational opportunities, including academic and vocational opportunities. (3) Limitation.--An eligible local educational agency receiving a grant under this section in any fiscal year shall not use more than-- (A) 10 percent of such grant funds in such fiscal year for the activities described in subsection (f)(1)(G) of this section; and (B) 5 percent of such grant funds in such fiscal year for administrative expenses associated with activities assisted under this section. (4) Special rule.--In developing professional training programs described in paragraph (2)(D), an eligible local educational agency is encouraged-- (A) to contract for services with organizations demonstrating expertise in such programs; and (B) to work with other representatives of organizations and agencies, including court personnel, social workers, representatives of law enforcement, and medical, mental health, and other health professionals. SEC. 5. GRANTS FOR PROGRAMS TO SERVE OUT-OF-SCHOOL YOUTH AND YOUTH OFFENDERS. (a) Program Authorized.-- (1) Authority.-- (A) In general.--The Secretary shall award grants, on a competitive basis, to eligible entities to enable such agencies to pay the Federal share of the cost of establishing community-based programs that-- (i) assist out-of-school youth and rehabilitate youth offenders; and (ii) provide opportunities for such youth to continue their education or obtain job training. (B) Consultation.--The Secretary shall consult with the Attorney General in developing program guidelines and awarding grants under this section. (2) Grant duration.--A grant under this section shall be awarded for a period of not less than 3 years nor more than 5 years. (b) Eligible Entities.--For the purpose of this section, the term ``eligible entity'' means either a State educational agency or a local educational agency that enters into a partnership agreement to carry out the program assisted under this section with at least one community-based youth organization and the appropriate juvenile justice agency serving such State educational agency or local educational agency. (c) Payments; Federal Share; Limitation.-- (1) Payments.--The Secretary shall pay to each eligible entity having an application approved under subsection (d) the Federal share of the cost of the activities described in the application. (2) Federal share.--The Federal share-- (A) for the first year for which an eligible entity receives assistance under this section shall be 80 percent; (B) for the second such year shall be 70 percent; and (C) for the third and each succeeding such year shall be 50 percent. (3) Non-federal share.--The non-Federal share of payments under this section may be in cash or in kind fairly evaluated, including planned equipment or services. (d) Application.--Each eligible entity 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 reasonably require. Each such application shall include-- (1) an assessment of the population of out-of-school youth and youth offenders to be served; (2) a description of the program to be carried out with the grant funds, and how such program will help meet the needs of out-of-school youth and youth offenders; (3) a description of members of the partnership described in subsection (b) that are involved in the program, such member's roles and functions in carrying out the program, and the strength of such member's commitment to the goals of the program; (4) the applicant's plan to involve parents, employers, teachers and other school personnel, and community members in designing and carrying out the program; (5) an assurance that the grant funds will be used to supplement and not supplant State and local funds available to provide opportunities for out-of-school youth and rehabilitate youth offenders; (6) a description of the ability of the community-based youth organization participating in the partnership described in subsection (b) to link youth with other social services as needed; and (7) such other information the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities serving areas with-- (1) a high concentration of out-of-school youth or youth offenders; and (2) a high rate of violence affecting children and youth. (f) Use of Funds.--An eligible entity receiving a grant under this section shall use such grant funds to provide a community-based program for out-of-school youth and youth offenders, which program shall include one or more of the following elements: (1) A system designed to provide peer and adult support and redirection. (2) Incentives for out-of-school youth and youth offenders to continue their education through continuing secondary education, vocational training, school-to-work programs, postsecondary education or other opportunities. (3) Assessment of such youths' needs, and referrals by the community-based youth organization participating in the partnership described in subsection (b) to appropriate services. (4) Community service. (5) Job training and placement opportunities. (6) Access to mentoring services. (7) Other services, as approved by the Secretary, designed to provide rehabilitative opportunities for such youth. SEC. 6. REPORTING REQUIREMENT. The Secretary shall prescribe annual reporting requirements for eligible entities receiving assistance under this Act, including requirements regarding-- (1) the characteristics of the youth served under this Act; (2) the incidence of violence in the area served by a local educational agency receiving assistance under this Act; and (3) the accomplishments of the activities assisted under this Act, and assessment of such activities by students and youth served by such activities. SEC. 7. DEFINITIONS. The terms used in this Act shall have the meaning given to such terms in section 1471 of the Elementary and Secondary Education Act of 1965. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $100,000,000 in each fiscal year to carry out this Act. (b) Limitation.--Not more than 20 percent of the funds appropriated in any fiscal year pursuant to the authority of subsection (a) shall be available to award grants pursuant to section 5 in such fiscal year. S 1462 IS----2
Nonviolent Futures for Children Act - Directs the Secretary of Education to award competitive grants to eligible local educational agencies for preventive services and interventions to reduce the incidence of violence. Gives priority to areas with high concentrations of disadvantaged students and high rates of violence affecting children and youth. Allows such grants to be used for: (1) school-based activities, including peer education or mediation, conflict resolution training, social skills training, youth designed and developed programs, parenting education, postsecondary educational opportunity projects, or remodeling and security personnel; or (2) school-community partnership activities, including after-school programs, mentoring programs, parenting skills courses, professional training for school personnel, or job training and placement. Directs the Secretary to award competitive grants to eligible entities for establishing community-based programs to: (1) assist out-of-school youth and rehabilitate youth offenders; and (2) provide opportunities for such youth to continue their education or obtain job training. Gives priority to areas with high concentrations of out-of-school youth or youth offenders and high rates of violence affecting children and youth. Allows such grants to be used for community-based programs, including peer and adult support and redirection, incentives for continuing education, assessments of needs and referrals to appropriate services, community service, job training and placement opportunities, mentoring services, and other rehabilitative opportunities. Authorizes appropriations.
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SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (3) report to the President and Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 12 members appointed as follows: (1) Two members appointed by the President of the United States. (2) Two members appointed by the Chief Justice of the United States. (3) Two members appointed by the Majority Leader of the Senate. (4) Two members appointed by the Minority Leader of the Senate. (5) Two members appointed by the Speaker of the House of Representatives. (6) Two members appointed by the Minority Leader of the House of Representatives. (b) Appointment.--The members of the Commission shall be appointed within 60 days after the date of the enactment of this Act. (c) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum.--Seven members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Private Members.--Members of the Commission from private life shall receive $200 per diem for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 2 years following the date on which its seventh member is appointed in accordance with section 2(b), the Commission shall submit its report to the President and the Congress. The Commission shall terminate 90 days after the date of the submission of its report. SEC. 7. CONGRESSIONAL CONSIDERATION. No later than 60 days after the submission of the report, the Committee on the Judiciary of the Senate shall act on the report. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums, not to exceed $1,300,000, as may be necessary to carry out the purposes of this Act. Such sums as are appropriated shall remain available until expended.
Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress no later than two years after its seventh member is appointed. Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission. Authorizes appropriations.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Funds for Cyber Coordination with Russia Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Purpose. Sec. 4. Findings. Sec. 5. Funding prohibition. Sec. 6. Sense of Congress. Sec. 7. Termination. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Rules and Administration, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on House Administration, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cybersecurity.--The term ``cybersecurity'' means the protection or defense of cyberspace from cyberattacks. (3) Cybersecurity unit.--The term ``cybersecurity unit'' means any organization or entity established for the purpose of cybersecurity. (4) Cyberspace.--The term ``cyberspace'' means the global domain within the information environment consisting of the interdependent network of information systems infrastructures (including the Internet, telecommunications networks, computer systems, and embedded processors and controllers). (5) Significant activities undermining cybersecurity.--The term ``significant activities undermining cybersecurity'' includes-- (A) significant efforts-- (i) to deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or (ii) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of-- (I) conducting influence operations; or (II) causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain; (B) significant destructive malware attacks; and (C) significant denial of service activities. SEC. 3. PURPOSE. The purpose of this Act is to protect United States cybersecurity and critical infrastructure by preventing the President from establishing a cybersecurity unit in coordination with the Government of the Russian Federation, a known foreign adversary. SEC. 4. FINDINGS. Congress makes the following findings: (1) On January 6, 2017, an assessment of the United States intelligence community entitled, ``Assessing Russian Activities and Intentions in Recent U.S. Elections'' concluded, ``Russian efforts to influence the 2016 US presidential election represent the most recent expression of Moscow's longstanding desire to undermine the US-led liberal democratic order, but these activities demonstrated a significant escalation in directness, level of activity, and scope of effort compared to previous operations.''. The report concluded with high confidence, ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election. Russia's goals were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump.''. (2) On December 29, 2016, President Barack Obama issued Executive Order 13757, ``Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber- Enabled Activities''. Executive Order 13757 amended Executive Order 13694, ``Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities''. E.O. 13694 authorized sanctions on ``individuals and entities determined to be responsible for or complicit in malicious cyber-enabled activities that result in enumerated harms that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States''. E.O. 13757 expanded executive authority to allow for the imposition of sanctions against ``individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions''. (3) The Government of the Russian Federation has repeatedly launched cyber-attacks against United States agencies, including the Department of State in November 2014, the Department of Defense in 2015, and the White House computer networks in 2014. (4) On March 15, 2017, the Department of Justice charged Russian Federal Security Service (FSB) officers and criminal coconspirators for hacking Yahoo and the email accounts of millions of United States citizens. (5) On May 8, 2017, former Director of National Intelligence James Clapper testified before the Committee on the Judiciary of the Senate, ``Russia's influence activities in the run-up to the 2016 election constituted the high water mark of their long running efforts since the 1960s to disrupt and influence our elections. They must be congratulating themselves for having exceeded their wildest expectations with a minimal expenditure of resource. And I believe they are now emboldened to continue such activities in the future both here and around the world, and to do so even more intensely. If there has ever been a clarion call for vigilance and action against a threat to the very foundation of our democratic political system, this episode is it.''. (6) On June 7, 2017, former Director of the Federal Bureau of Investigation James Comey testified before the Select Committee on Intelligence of the Senate that the Government of the Russian Federation, ``using technical intrusion, lots of other methods, tried to shape the way we think, we vote, we act. That is a big deal. And people need to recognize it. It's not about Republicans or Democrats. They're coming after America, which I hope we all love equally. They want to undermine our credibility in the face of the world. They think that this great experiment of ours is a threat to them, and so they're going to try to run it down and dirty it up as much as possible.''. (7) On July 9, 2017, President Donald Trump stated, ``I strongly pressed President Putin twice about Russian meddling in our election. He vehemently denied it . . . now it is time to move forward in working constructively with Russia! Putin & I discussed forming an impenetrable Cyber Security unit so that election hacking, & many other negative things, will be guarded''. SEC. 5. FUNDING PROHIBITION. No Federal funds may be used to establish a cybersecurity unit, or any variation thereof, in cooperation or connection with the Government of the Russian Federation. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should publicly endorse the assessment of the United States Armed Forces and the intelligence community that the Government of the Russian Federation interfered in the 2016 election and take appropriate measures to deter such activities in the future; (2) the President must not use taxpayer funds to engage in cyber coordination with the Government of the Russian Federation, a foreign adversary; and (3) the President should work with Congress to establish a non-partisan, independent commission of experts to determine, examine, and report on the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election. SEC. 7. TERMINATION. The prohibitions under this Act shall terminate on the date the President submits to the appropriate congressional committees a written certification that the Government of the Russian Federation has-- (1) ceased ordering, controlling, or otherwise directing, supporting, or financing acts intended to undermine democracies around the world; and (2) submitted a written statement acknowledging interference in the 2016 United States Presidential election.
No Funds for Cyber Coordination with Russia Act of 2017 This bill prohibits federal funds from being used to establish a cyber security unit in cooperation with the government of the Russian Federation. It is the sense of Congress that the President: (1) should publicly endorse the assessment of the Armed Forces and the intelligence community that the Russian government interfered in the 2016 election and take measures to deter such future activities; (2) must not use taxpayer funds to engage in cyber coordination with the Russian government, a foreign adversary; and (3) should work with Congress to establish a non-partisan commission of experts to report on Russian cyber operations and other attempts to interfere in the 2016 election.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sectoral Market Assessment for Regional Training Enhancement and Revitalization Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than \1/3\ of the Nation's current workforce lacks the basic skills necessary to succeed in today's labor market. (2) Globalization of the economy is leading to losses of jobs in key domestic industries, as well as challenges to competitiveness and productivity in other domestic industries. (3) To remain economically vital and competitive, the Nation must invest in generating jobs and train a workforce skilled enough to contribute productively to the United States economy. (4) Strategic planning that links workforce development and economic development, and the targeting of resources to industries that can build strong regional economies and create jobs with living wages for workers, need to be priorities for the workforce investment system. (5) States and local workforce investment boards can play lead roles in guiding a more strategic process for achieving economic growth through workforce development. SEC. 3. SKILLS GAP CAPACITY ENHANCEMENT GRANTS. Subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) is amended-- (1) by redesignating section 137 as section 138; and (2) by inserting after section 136 the following: ``SEC. 137. SKILLS GAP CAPACITY ENHANCEMENT GRANTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to assist States and local boards in better focusing funds provided under this subtitle on activities and programs that address labor shortages and meet the emerging demand for skills in high-quality jobs in area industries; ``(2) to enhance the efficiency of the one-stop delivery systems and providers of training services; ``(3) to establish and improve partnerships between local boards, industry sectors, economic development agencies, providers of training services (including secondary schools, postsecondary educational institutions, community-based organizations, business associations, and providers of joint labor-management programs), providers of supportive services, and other related public and private entities; ``(4) to strengthen integration of workforce development strategies and economic development strategies in States, local areas, and labor markets; ``(5) to retain vital industries in the local areas and regions involved, avoid dislocation of workers, and strengthen the competitiveness of key industries; and ``(6) to encourage the development of career ladders and advancement efforts in local industries. ``(b) Definitions.--In this section: ``(1) Consortium.--The term `consortium' means a consortium of local boards, established as described in subsection (d)(3). ``(2) Region.--The term `region' means 2 or more local areas that comprise a common labor market for an industry sector or group of related occupations. ``(3) Training services.--The term `training services' means services described in section 134(d)(4). ``(c) Grants to States.-- ``(1) In general.--The Secretary shall make grants to States, to enable the States to assist local boards and consortia in carrying out the activities described in subsection (e). ``(2) Formula.-- ``(A) In general.--The Secretary shall make the grants in accordance with the formula used to make grants to States under section 132(b)(1)(B) (other than clause (iv)), subject to subparagraph (B). ``(B) Small state minimum allotment.--The Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than \1/2\ of 1 percent of the funds made available to carry out this section for that fiscal year. ``(d) Grants to Local Boards.-- ``(1) In general.--A State that receives a grant under subsection (c)-- ``(A) shall use the funds made available through the grant to make grants to local boards and consortia to carry out the activities described in subsection (e); and ``(B) may use not more than 15 percent of the funds made available through the grant, at the election of the State, to prepare strategic sectoral skills gap assessments, as described in subsection (e)(2), in the local areas or regions involved, or to provide technical assistance to local boards, consortia, or partnerships described in subsection (e)(3). ``(2) Consideration.--In making the grants, the State may take into account the size of the workforce in each local area or region. ``(3) Consortia.--States shall encourage local boards to aggregate, to the maximum extent practicable, into consortia representing regions, for purposes of carrying out activities described in subsection (e). Nothing in this paragraph shall be construed to require local boards to aggregate into such consortia. ``(4) Applications.--To be eligible to receive a grant under this section, a local board or consortium shall submit an application to the State, at such time and in such manner as the State may require, containing-- ``(A) information identifying the members of the partnership described in subsection (e)(3) that will carry out the activities described in subsection (e); and ``(B) an assurance that the board or consortium will use, or ensure that the partnership uses, the funds to carry out the activities described in subsection (e). ``(e) Use of Funds.-- ``(1) In general.--A local board or consortium that receives a grant under this section-- ``(A) shall ensure that the partnership described in paragraph (3) uses the funds made available through the grant to-- ``(i) prepare a strategic sectoral skills gap assessment, as described in paragraph (2), unless the State elects to prepare the assessment; ``(ii) develop a strategic skills gap action plan, as described in paragraph (4); and ``(iii) provide strategic training capacity enhancement seed grants to providers of training services specified in subsection (a)(3), one-stop operators, and other appropriate intermediaries, as described in paragraph (5); and ``(B) may use funds made available through the grant to ensure that activities carried out under this subtitle are carried out in accordance with the strategic skills gap action plan. ``(2) Strategic sectoral skills gap assessment.-- ``(A) In general.--Except as provided in subparagraph (E), the local board or consortium (or, at the election of the State, that State) shall prepare a strategic sectoral skills gap assessment, which shall-- ``(i) identify areas of current and expected demand for labor and skills in a specific industry sector or group of related occupations that is-- ``(I) producing high-quality jobs in the local area or region involved; ``(II) developing emerging jobs in that area or region; or ``(III) suffering chronic worker shortages; ``(ii) identify the current and expected supply of labor and skills in that sector or group in the local area or region; and ``(iii) identify gaps between the current and expected demand and supply of labor and skills in that sector or group in the local area or region. ``(B) Specific contents.--The assessment shall contain data regarding-- ``(i)(I) specific high-quality employment opportunities offered by industries in the local area or region; and ``(II) specific skills desired for such opportunities; ``(ii)(I) occupations and positions in the local area or region that are difficult to fill; and ``(II) specific skills desired for such occupations and positions; ``(iii)(I) areas of growth and decline among industries and occupations in the local area or region; and ``(II) specific skills desired for such growth areas; and ``(iv) specific inventories of skills of unemployed or underemployed individuals in the local area or region. ``(C) Information.--The assessment shall contain current (as of the date of preparation of the assessment) information including specific information from multiple employers in the sector or group described in subparagraph (A)(i), labor organizations, and others connected to the businesses and workers in that sector or group, to illuminate local needs of both employers and workers. To the maximum extent possible, the information shall be regularly updated information. ``(D) Survey.--The assessment shall contain the results of a survey or focus group interviews of employers and labor organizations and other relevant individuals and organizations in the local area or region. ``(E) Exception.-- ``(i) State.--A State shall not be required to use the funds made available through a grant received under this section, to prepare an assessment described in this paragraph. ``(ii) Local board or consortium.--A local board or consortium shall not be required to use the funds made available through a grant received under this section, to prepare an assessment described in this paragraph, if the local board or consortium demonstrates that, within the 2 years prior to receiving the grant, an assessment that meets the requirements of this paragraph has been prepared for the local area or region involved. ``(3) Skills partnership.--In carrying out this section, local boards and consortia shall enter into partnerships that include-- ``(A) representatives of the local boards for the local area or region involved; ``(B) representatives of multiple employers for a specific industry sector or group of related occupations, and related sectors or occupations, identified through the assessment described in paragraph (2) as having identified gaps between the current and expected demand and supply of labor and skills in the industry sector or group of related occupations in the local area or region involved; ``(C) representatives of economic development agencies for the local area or region; ``(D) representatives of providers of training services described in subsection (a)(3) in the local area or region; ``(E) representatives nominated by State labor federations or local labor federations; and ``(F) other entities that can provide needed supportive services tailored to the needs of workers in the sector or group. ``(4) Strategic skills gap action plan.--The partnership shall develop a strategic skills gap action plan, based on the assessment, that-- ``(A)(i) identifies specific barriers to adequate supply of labor and skills in demand in a specific industry sector or group of related occupations that is producing high-quality jobs in the local area or region involved; and ``(ii) identifies activities (which may include the provision of needed supportive services) that will remove or alleviate the barriers described in clause (i) that could be undertaken by one-stop operators and providers of training services described in subsection (a)(3); ``(B) specifies how the local board (or consortium) and economic development agencies in the partnership will integrate the board's or consortium's workforce development strategies with local or regional economic development strategies in that sector or group; and ``(C) identifies resources and strategies that will be used in the local area or region to address the skill gaps for both unemployed and incumbent workers in that sector or group. ``(5) Strategic training capacity enhancement seed grants.-- ``(A) In general.--The local board or consortium, after consultation with the partnership, shall make grants to providers of training services described in subsection (a)(3), one-stop operators, and other appropriate intermediaries to pay for the Federal share of the cost of-- ``(i) developing curricula to meet needs identified in the assessment described in paragraph (2) and to overcome barriers identified in the plan described in paragraph (4); ``(ii) modifying the programs of training services offered by the providers in order to meet those needs and overcome those barriers; ``(iii) operating pilot training efforts that demonstrate new curricula, or modifications to curricula, described in clause (i); ``(iv) expanding capacity of providers of training services in sectors or groups described in paragraph (2)(A)(i); ``(v) reorganizing service delivery systems to better serve the needs of employers and workers in the sectors or groups; or ``(vi) developing business services to ensure retention and greater competitiveness of the sectors or groups. ``(B) Federal share.-- ``(i) In general.--The Federal share of the cost described in subparagraph (A) shall be 75 percent. ``(ii) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 138 of the Workforce Investment Act of 1998 (29 U.S.C. 2872), as redesignated by section 3(1), is amended by adding at the end the following: ``(d) Skills Gap Capacity Enhancement Grants.--In addition to any amounts authorized to be appropriated under subsection (a), (b), or (c), there are authorized to be appropriated to carry out section 137 such sums as may be necessary for fiscal years 2006 through 2009.''. SEC. 5. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Skills gap capacity enhancement grants. ``Sec. 138. Authorization of appropriations.''. (b) References to Authorization of Appropriations.-- (1) Youth activities.--Subsections (a) and (b)(1) of section 127 of the Workforce Investment Act of 1998 (29 U.S.C. 2852) are amended by striking ``section 137(a)'' each place it appears and inserting ``section 138(a)''. (2) Adult employment and training activities.--Section 132(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(a)(1)) is amended by striking ``section 137(b)'' and inserting ``section 138(b)''. (3) Dislocated worker employment and training activities.-- Subsections (a)(2) and (b)(2)(A)(i) of section 132 of the Workforce Investment Act of 1998 (29 U.S.C. 2862) are amended by striking ``section 137(c)'' each place it appears and inserting ``section 138(c)''.
Sectoral Market Assessment for Regional Training Enhancement and Revitalization Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make skills gap capacity grants to states to assist local boards and regional consortia, through certain partnerships, to make: (1) strategic sectoral skills gap assessments; (2) strategic skills gap action plans; and (3) strategic training capacity enhancement seed grants to providers of training services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping the Internet Devoid of Sexual Predators Act of 2007'' or the ``KIDS Act of 2007''. SEC. 2. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR SUPERVISION OF INTERNET ACCESS BY SEX OFFENDERS CONVICTED UNDER FEDERAL LAW. In addition to any other sums authorized to be appropriated for the purposes of supervising persons on probation and pretrial release in connection with convictions for Federal offenses, there are authorized to be appropriated $5,000,000 for each fiscal years 2008 through 2013 for any or all of the following purposes: (1) To evaluate computer internet filtering, monitoring and other programs and devices that are designed to filter access to certain web sites, permit monitoring of the use by persons under supervision of internet, and related purposes. (2) To purchase those programs and devices determined through that evaluation to be the best for those purposes. (3) To train probation officers in the use of those programs and devices. (4) To train probation officers in the supervision of sex offenders. (5) To hire probation officers and other personnel as required to supervise convicted sex offenders effectively. SEC. 3. DISCRETIONARY CONDITION OF PROBATION AND SUPERVISED RELEASE FOR SEX OFFENDERS. (a) Probation.--Section 3563(b) of title 18, United States Code, is amended-- (1) in paragraph (22), by striking ``or''; (2) by striking the period at the end of paragraph (23) and inserting ``; or'' and (3) by inserting after paragraph (23) the following: ``(24) if required to register under the Sex Offender Registration and Notification Act-- ``(A) obtain access to the Internet only from computers approved by the probation officer; ``(B) consent and fully cooperate with periodic examinations of the computers by the probation officer, including the retrieval and copying of all data from those computers and removal of the computer equipment for a reasonable period of time for the purpose of conducting a more thorough inspection; ``(C) consent and fully cooperate with the installation on the computers any hardware or software filtering systems designated by the probation officer that restrict the defendant's access to classes of web sites designated by the officer as to which, under the circumstances of the offense, access should be restricted; ``(D) consent and fully cooperate with the installation on the computers of monitoring systems or hardware that permit the probation officer to monitor the defendant's computer use to assure compliance with the law, conditions of probation, and to protect public safety; and ``(E) take no steps to disable or evade the filtering or monitoring programs or devices.''. (b) Supervised Release.--Section 3583(d) of title 18, United States Code, is amended by striking ``any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20)'' and inserting ``a condition set forth in section 3563(b), other than that described in paragraph (11) of that section''. SEC. 4. DIRECTION TO SENTENCING COMMISSION. The United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate amend the Federal sentencing guidelines (including its policy statements) applicable to persons convicted of sex offenses involving children in circumstances where the offense is committed or facilitated by the use of the Internet, and-- (1) a misrepresentation is made over the Internet as to the age of the offender; or (2) there is a failure of the offender to reveal the offender's status as a sex offender. SEC. 5. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM. (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows: ``(C) Minimum standards.--The electronic monitoring units used in the pilot program shall at a minimum-- ``(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and ``(ii) permit continuous monitoring of offenders 24 hours a day.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act. SEC. 6. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or possession of, child pornography (as defined in Section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 7. CHANGE IN DEFINITION OF MONETARY INSTRUMENTS FOR MONEY LAUNDERING AND OTHER OFFENSES. Section 1956(c)(5) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); and (2) by inserting ``, (iii) electronic or digital currencies, and the corresponding monetary value of any associated account, or (iv) stored value cards or similar devices'' after ``delivery''. Passed the House of Representatives November 14, 2007. Attest: LORRAINE C. MILLER, Clerk.
Keeping the Internet Devoid of Sexual Predators Act of 2007 or the KIDS Act of 2007 - Authorizes additional appropriations for FY2008-FY2013 to: (1) evaluate and purchase Internet filtering and monitoring programs and devices; (2) train probation officers in the use of such programs and devices and in the supervision of sex offenders; and (3) hire probation officers and other personnel as required to supervise convicted sex offenders effectively. Amends the federal criminal code to: (1) include as discretionary conditions for the probation and supervised release of a convicted sex offender restricted access to the Internet and monitoring of computers used by such offender by a probation officer; (2) impose a fine and/or prison term of up to 20 years for conducting, or attempting or conspiring to conduct, a financial transaction to facilitate access to, or possession of, child pornography; and (3) include as monetary instruments for money laundering purposes electronic or digital currencies or stored value cards. Directs the U.S. Sentencing Commission to review and, if appropriate, amend its sentencing guidelines for sex offenses involving children where the crimes are committed or facilitated by use of the Internet and the offender's age is misrepresented on the Internet or the offender's status as a sex offender is not revealed. Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or''; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) to maintain and operate an existing State- controlled substance monitoring program.''; and (B) in paragraph (3), by inserting ``by the Secretary'' after ``Grants awarded''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii) the following: ``(iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients' controlled prescription drug history;''; (v) in clause (iv), as redesignated, by inserting before the semicolon at the end ``and at least one health information technology system such as an electronic health records system, a health information exchange, or an e- prescribing system''; and (vi) in clause (v), as redesignated, by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by striking the period at the end and inserting ``and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for implementation of such interoperability.''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; and (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in subsection (d)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``In implementing or improving'' and all that follows through ``(a)(1)(B)'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1)''; and (ii) by striking ``public health'' and inserting ``public health or public safety''; and (B) by adding at the end the following: ``(5) The State shall report to the Secretary on-- ``(A) as appropriate, interoperability with the controlled substance monitoring programs of Federal departments and agencies; ``(B) as appropriate, interoperability with health information technology systems such as electronic health records systems, health information exchanges, and e-prescribing systems; and ``(C) whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient.''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (ii) in subparagraph (D), by inserting ``a State substance abuse agency,'' after ``a State health department,''; and (B) by adding at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (l)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by redesignating subsections (h) through (n) as subsections (j) through (p), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (j)''; (9) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber and dispenser use of the State's controlled substance monitoring system; ``(2) educate prescribers and dispensers on the benefits of the system both to them and society; and ``(3) facilitate linkage to the State substance abuse agency and substance abuse disorder services. ``(i) Consultation With Attorney General.--In carrying out this section, the Secretary shall consult with the Attorney General of the United States and other relevant Federal officials to-- ``(1) ensure maximum coordination of controlled substance monitoring programs and related activities; and ``(2) minimize duplicative efforts and funding.''; (10) in subsection (l)(2)(A), as redesignated by paragraph (7)-- (A) in clause (ii), by inserting ``; established or strengthened initiatives to ensure linkages to substance use disorder services;'' before ``or affected patient access''; and (B) in clause (iii), by inserting ``and between controlled substance monitoring programs and health information technology systems'' before ``, including an assessment''; (11) by striking subsection (m) (relating to preference), as redesignated by paragraph (7); (12) by redesignating subsections (n) through (p), as redesignated by paragraph (7), as subsections (m) through (o), respectively; (13) in subsection (m)(1), as redesignated by paragraph (12), by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (14) in subsection (n), as redesignated by paragraph (12)-- (A) in paragraph (5)-- (i) by striking ``means the ability'' and inserting the following: ``means-- ``(A) the ability''; (ii) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(B) sharing of State controlled substance monitoring program information with a health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system.''; (B) in paragraph (7), by striking ``pharmacy'' and inserting ``pharmacist''; and (C) in paragraph (8), by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (15) by amending subsection (o), as redesignated by paragraph (12), to read as follows: ``(o) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years from 2016 through 2020.''. Passed the House of Representatives September 8, 2015. Attest: KAREN L. HAAS, Clerk.
National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015 (Sec. 2) Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of state-administered controlled substance monitoring systems ensuring access to prescription history information for the investigative purposes of appropriate law enforcement, regulatory, and state professional licensing authorities. (Sec. 3) Amends the Public Health Service Act to revise and reauthorize through FY2020 the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require the Department of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide HHS with aggregate data and other information to enable HHS to evaluate the success of the state's program, and expand the program to include any commonwealth or territory of the United States. Allows the Drug Enforcement Administration, HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a controlled substance monitoring database for research purposes to make that information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Buyer Tax Credit Act of 2009''. SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the residence. ``(2) Dollar limitation.--The amount of the credit allowed under paragraph (1) shall not exceed $15,000. ``(3) Allocation of credit amount.--At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of paragraph (2)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after the date of the enactment of the Home Buyer Tax Credit Act of 2009, and ``(B) on or before the date that is 1 year after such date of enactment. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(3) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(c) Principal Residence.--For purposes of this section, the term `principal residence' has the same meaning as when used in section 121. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. ``(e) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$7,500' for `$15,000' in subsection (a)(1). ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. ``(2) Purchase.--In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 24-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Election To Treat Purchase in Prior Year.--In the case of a purchase of a principal residence after December 31, 2009, and on or before the date described in subsection (b)(1)(B), a taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(g).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Sunset of Current First-Time Homebuyer Credit.-- (1) In general.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (2) Election to treat purchase in prior year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (e) Effective Date.--The amendments made by this section shall apply to purchases after the date of the enactment of this Act.
Home Buyer Tax Credit Act of 2009 - Amends the Internal Revenue Code to replace the current tax credit for first-time homebuyers with a one-time credit for 10% of the purchase price of a principal residence, up to $15,000. Requires repayment of credit amounts if the taxpayer sells or fails to occupy the residence within 24 months after the date of purchase.
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SECTION 1. DEPENDENT CARE TAX CREDIT. (a) Dependent Care Services.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. DEPENDENT CARE SERVICES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who maintains a household which includes as a member 1 or more qualifying individuals, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the sum of-- ``(A) the employment-related expenses paid by such individual during the taxable year, plus ``(B) the respite care expenses paid by such individual during the taxable year. ``(2) Applicable percentage defined.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each full $1,000 amount by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of a taxable year beginning in a calendar year after 2004, subparagraph (A) shall be applied by increasing the $15,000 amount contained therein by the cost-of-living adjustment (as defined in section 1(f)(3)) for such calendar year determined by substituting 2003 for 1992 in subparagraph (B) of section 1(f)(3). ``(ii) Rounding.--If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(b) Employment-Related Expenses.--For purposes of this section-- ``(1) Determination of eligible expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight and shall not include any respite care expense taken into account under subsection (a). ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in subsection (d)(1), or ``(ii) a qualifying individual (not described in subsection (d)(1)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than 6 individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(2) Dollar limit on amount creditable.-- ``(A) In general.--The amount of the employment- related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(ii) $6,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under clause (i) or (ii) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Reduction in limit for amount of respite care expenses.--The limitation of subparagraph (A) shall be reduced by the amount of the respite care expenses taken into account by the taxpayer under subsection (a) for the taxable year. ``(3) Earned income limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(ii) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(B) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in subsection (d)(3), for purposes of subparagraph (A), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(i) $250 if paragraph (2)(A)(i) applies for the taxable year, or ``(ii) $500 if paragraph (2)(A)(ii) applies for the taxable year. In the case of any husband and wife, this subparagraph shall apply with respect to only one spouse for any one month. ``(c) Respite Care Expenses.--For purposes of this section-- ``(1) In general.--The term `respite care expenses' means expenses paid (whether or not to enable the taxpayer to be gainfully employed) for-- ``(A) the care of a qualifying individual-- ``(i) who has attained the age of 13, or ``(ii) who is under the age of 13 but has a physical or mental impairment which results in the individual being incapable of caring for himself, during any period when such individual regularly spends at least 8 hours each day in the taxpayer's household, or ``(B) the care (for not more than 14 days during the calendar year) of a qualifying individual described in subparagraph (A) during any period during which the individual does not regularly spend at least 8 hours each day in the taxpayer's household. ``(2) Dollar limit.--The amount of the respite care expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) $1,200 if such expenses are incurred with respect to only 1 qualifying individual for the taxable year, or ``(B) $2,400 if such expenses are incurred for 2 or more qualifying individuals for such taxable year. ``(d) Qualifying Individual.--For purposes of this section, the term `qualifying individual' means-- ``(1) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c), ``(2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or ``(3) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself. ``(e) Special Rules.--For purposes of this section-- ``(1) Maintaining household.--An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse). ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household that constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Special dependency test in case of divorced parents, etc.--If-- ``(A) paragraph (2) or (4) of section 152(e) applies to any child with respect to any calendar year, and ``(B) such child is under the age of 13 or is physically or mentally incapable of caring for himself, in the case of any taxable year beginning in such calendar year, such child shall be treated as a qualifying individual with respect to the custodial parent (within the meaning of section 152(e)(1)), and shall not be treated as a qualifying individual with respect to the noncustodial parent. ``(6) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 151(c)(3)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(7) Student.--The term `student' means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization. ``(8) Educational organization.--The term `educational organization' means an educational organization described in section 170(b)(1)(A)(ii). ``(9) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(10) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 21 of such Code is repealed. (2) Section 23(f)(1) of such Code, section 35(g)(6) of such Code, and section 129(a)(2)(C) of such Code are each amended by striking ``section 21(e)'' and inserting ``section 36(e)''. (3) Section 129(b)(2) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36(b)(3)(B)''. (4) Section 129(e)(1) of such Code is amended by striking ``under section 21(b)(2) (relating to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``or respite care services under section 36 (relating to dependent care services)''. (5) Section 213(e) of such Code is amended by striking ``section 21'' and inserting ``section 36''. (6) Section 6213(g)(2)(H) of such Code is amended by striking ``section 21 (related to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``section 36 (relating to dependent care services)''. (7) Section 6213(g)(2)(L) of such Code is amended by striking ``section 21'' and inserting ``section 36''. (c) Technical Amendments.--(1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Dependent care services. ``Sec. 37. Overpayments of tax.''. (2) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
Amends the Internal Revenue Code to repeal the nonrefundable income tax credit for employment-related dependent care expenses and replace it with a refundable 50 percent income tax credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Limits the dollar amount of such credit to $3,000 ($6,000 if two or more qualifying individuals). Includes within the scope of the new credit up to $1,200 ($2,400 if two or more qualifying individuals) of respite care expenses incurred for the taxpayer's spouse and dependents who are physically or mentally incapable of self-care.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Self-Management Training Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is widely recognized as one of the top public health threats currently facing the United States. Approximately 21,000,000 people in the United States are currently living with diabetes, and another 54,000,000 people in the United States have pre-diabetes, dramatically raising their risk of developing diabetes, heart disease, and stroke. Diabetes is the 6th leading cause of death in the United States, causing at least 224,000 deaths annually. The prevalence of the most common type of diabetes has tripled in the last 30 years, and approximately 2,200 people are diagnosed with diabetes each day. (2) Diabetes self-management training, also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. A certified diabetes educator is a health care professional, often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (3) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes. In 2002, the Diabetes Prevention Program study conducted by the National Institutes of Health and the Centers for Disease Control and Prevention found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. Lifestyle intervention worked in all of the groups but it worked particularly well in people aged 60 and older, reducing the development of diabetes by 71 percent. Similarly, studies have found that patients under the care of a certified diabetes educator are better able to control their diabetes and report improvement in their health status. (4) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (5) There are currently more than 20,000 diabetes educators in the United States, most of whom are certified diabetes educators credentialed by the National Certification Board for Diabetes Educators. Eligibility for certification as a diabetes educator by the National Certification Board for Diabetes Educators requires prerequisite qualifying professional credentials in specific health care professions and professional practice experience that includes a minimum number of hours and years of experience in diabetes self-management training. Diabetes educators certified by the National Certification Board for Diabetes Educators must also pass a rigorous national examination and periodically renew their credentials. Diabetes educators certified by the National Certification Board for Diabetes Educators, and licensed by a State as a health professional, are uniquely qualified to provide diabetes self-management training under the Medicare program. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS CERTIFIED PROVIDERS FOR PURPOSES OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by inserting ``or by a certified diabetes educator (as defined in paragraph (3))'' after ``paragraph (2)(B)''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual who-- ``(A) is licensed or registered by the State in which the services are performed as a health care professional; ``(B) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(C) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4)(A) For purposes of paragraph (3)(B), the term `recognized certifying body' means-- ``(i) the National Certification Board for Diabetes Educators, or ``(ii) a certifying body for diabetes educators, which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary, if the Secretary determines such Board or body, respectively, meets the requirement of subparagraph (B). ``(B) The National Certification Board for Diabetes Educators or a certifying body for diabetes educators meets the requirement of this subparagraph, with respect to the certification of an individual, if the Board or body, respectively, is incorporated and registered to do business in the United States and requires as a condition of such certification each of the following: ``(i) The individual has a qualifying credential in a specified health care profession. ``(ii) The individual has professional practice experience in diabetes self-management training that includes a minimum number of hours and years of experience in such training. ``(iii) The individual has successfully completed a national certification examination offered by such entity. ``(iv) The individual periodically renews certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (c) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (d) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the first day of the first calendar year that is at least 6 months after the date of the enactment of this Act.
Medicare Diabetes Self-Management Training Act of 2007- Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of state- licensed or registered health care professionals who are certified diabetes educators as Medicare providers of diabetes outpatient self-management training services. Directs the Comptroller General to study and report to Congress on the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Directs the Director of the Agency for Health Care Research and Quality to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.
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SECTION 1. REFERENCE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. CONSOLIDATION LOAN INTEREST RATES. (a) FFEL Loans.--Paragraph (3) of section 427A(l) (20 U.S.C. 1077a(l)) is amended to read as follows: ``(3) Consolidation loans.-- ``(A) Borrower election.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, at the election of the borrower at the time of application for the loan, be either at the rate determined under subparagraph (B) or the rate determined under subparagraph (C). ``(B) Variable rate.--Except as provided in subparagraph (D), the rate determined under this subparagraph shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal, for such 12-month period, to-- ``(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(ii) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(C) Fixed rate.--Except as provided in subparagraph (D), the rate determined under this subparagraph shall be determined on the date on which the obligation to repay the loan is signed, and be equal, for the duration of the term of the loan, to-- ``(i) the average bond equivalent rate of the 3-year Treasury note as determined on the basis of the last publication in May of the Federal Reserve Statistical Release H-15 (or its successor) prior to the date on which the obligation to repay the loan is signed; plus ``(ii) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(D) Consolidation of plus loans.--In the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both), the rates determined under subparagraphs (B) and (C) shall be determined-- ``(i) by substituting `3.1 percent' for `2.3 percent'; and ``(ii) by substituting `9.0 percent' for `8.25 percent'.''. (b) Direct Loans.--Subparagraph (C) of section 455(b)(7) (20 U.S.C. 1087e(b)(7)) is amended to read as follows: ``(C) Consolidation loans.-- ``(i) Borrower election.--Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Consolidation Loan for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, at the election of the borrower at the time of application for the loan, be either at the rate determined under clause (ii) or the rate determined under clause (iii). ``(ii) Variable rate.--Except as provided in clause (iv), the rate determined under this clause shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and, for such 12-month period, not be more than-- ``(I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(II) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(iii) Fixed rate.--Except as provided in clause (iv), the rate determined under this clause shall be determined on the date on which the obligation to repay the loan is signed, and, for the duration of the term of the loan, not be more than-- ``(I) the average bond equivalent rate of the 3-year Treasury note as determined on the basis of the last publication in May of the Federal Reserve Statistical Release H-15 (or its successor) prior to the date on which the obligation to repay the loan is signed; plus ``(II) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(iv) Consolidation of plus loans.--In the case of any such Federal Direct Consolidation Loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan, the rates determined under clauses (ii) and (iii) shall be determined-- ``(I) by substituting `3.1 percent' for `2.3 percent'; and ``(II) by substituting `9.0 percent' for `8.25 percent'.''. SEC. 3. RECAPTURE OF EXCESS INTEREST. Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended by inserting after clause (vii) the following new clause: ``(viii) Recapture of excess interest.-- ``(I) Excess credited.--With respect to a loan on which the applicable interest rate is determined under section 427A(l) and for which the first disbursement of principal is made on or after July 1, 2006, if the applicable interest rate for any 3- month period exceeds the special allowance rate applicable to such loan under this subparagraph for such period, then an adjustment shall be made by calculating the excess interest in the amount computed under subclause (II) of this clause, and by crediting the excess interest to the Government not less often than annually. ``(II) Calculation of excess.--The amount of any adjustment of interest on a loan to be made under this subsection for any quarter shall be equal to-- ``(aa) the applicable interest rate minus the special allowance rate determined under this subparagraph; multiplied by ``(bb) the average daily principal balance of the loan (not including unearned interest added to principal) during such calendar quarter; divided by ``(cc) four.''. SEC. 4. STUDENT LOAN BORROWER CHOICE OF LOAN CONSOLIDATOR. Section 428C(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is amended by striking ``and (i) the lender holds'' and all that follows through ``selected for consolidation)''.
Amends the Higher Education Act of 1965 (HEA) to allow borrowers consolidating student loans to choose: (1) a variable or fixed interest rate; and (2) the loan consolidator. Provides for the Federal Government's recapture of excess interest charged by lenders, under HEA provisions for special allowances for lenders of student loans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Infrastructure Act of 1996''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE ASSISTANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided child care credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified child care expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified child care expenditure.--The term `qualified child care expenditure' means any amount paid or incurred-- ``(A) to acquire, construct, rehabilitate, or expand property-- ``(i) which is to be used as part of a qualified child care facility of the taxpayer, ``(ii) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable, and ``(iii) which does not constitute part of the principal residence (within the meaning of section 1034) of the taxpayer or any employee of the taxpayer, ``(B) for the operating costs of a qualified child care facility of the taxpayer, including costs related to the training of employees, to scholarship programs, and to the providing of increased compensation to employees with higher levels of child care training, ``(C) under a contract with a qualified child care facility to provide dependent care services to employees of the taxpayer, or ``(D) under a contract to provide dependent care resource and referral services to employees of the taxpayer. ``(2) Qualified child care facility.-- ``(A) In general.--The term `qualified child care facility' means a facility-- ``(i) the principal use of which is to provide dependent care assistance, and ``(ii) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including, but not limited to, the licensing of the facility as a child care facility. Clause (i) shall not apply to a facility which is the principal residence (within the meaning of section 1034) of the operator of the facility. ``(B) Special rules with respect to a taxpayer.--A facility shall not be treated as a qualified child care facility with respect to a taxpayer unless-- ``(i) enrollment in the facility is open to employees of the taxpayer during the taxable year, ``(ii) the facility is not the principal trade or business of the taxpayer unless at least 30 percent of the enrollees of such facility are dependents of employees of the taxpayer, and ``(iii) the use of such facility (or the eligibility to use such facility) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(d) Recapture of Acquisition and Construction Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified child care facility of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified child care expenditures of the taxpayer described in subsection (c)(1)(A) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Years 1-3............................ 100 Year 4............................... 85 Year 5............................... 70 Year 6............................... 55 Year 7............................... 40 Year 8............................... 25 Years 9 and 10....................... 10 Years 11 and thereafter.............. 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified child care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified child care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified child care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified child care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (c)(1)(A), the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Termination.--This section shall not apply to taxable years beginning after December 31, 1999.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (11), (B) by striking out the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(13) the employer-provided child care credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Employer-provided child care credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.
Child Care Infrastructure Act of 1996 - Amends the Internal Revenue Code to allow an employer-provided child care credit for qualified expenses to build, rehabilitate, or expand a qualified child care facility, or subsidize or contract for such services, for an employer's employees. Terminates such credit by a specified date.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability Review Board Reform Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States has a crucial stake in supporting the presence abroad of United States Government personnel representing United States interests. (2) United States Government personnel and missions abroad are confronted by serious security risks, including the threat of terrorism, which will continue for the foreseeable future. (3) The Accountability Review Board process was established in 1986 by Congress to conduct a thorough assessment of security-related incidents at or related to a United States Government mission abroad. (4) Each assessment by a Board is expected to promote strengthened security measures, and to provide for the accountability of United States Government personnel with security-related responsibilities. (5) The terrorist attack in Benghazi, Libya, on September 11, 2012, that took the lives of four United States Government personnel has brought unprecedented attention to the work of such Boards. (b) Sense of Congress.--It is the sense of Congress that the effectiveness of Accountability Review Boards would be improved by reconstituting such Boards to increase their independence from the Department of State. SEC. 3. NOTIFICATION TO CONGRESS ABOUT CERTAIN INFORMATION RELATING TO ACCOUNTABILITY REVIEW BOARDS OF THE DEPARTMENT OF STATE. Subsection (c) of section 301 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4831) is amended-- (1) in the matter preceding paragraph (1), by inserting ``, the Chairman of the Committee on Foreign Affairs of the House of Representatives,'' after ``the Committee on Foreign Relations of the Senate''; and (2) in paragraph (2), by striking ``and'' at the end; (3) by redesignating paragraph (3) as paragraph (5); and (4) by inserting after paragraph (2) the following new paragraphs: ``(3) of any individual who is employed at a grade of not lower than the level of FS-3 or GS-14 who is hired, assigned, or detailed to assist the Board to carry out its duties; ``(4) of any political appointee who is hired, assigned, or detailed to assist the Board to carry out its duties; and''. SEC. 4. ACCOUNTABILITY REVIEW BOARDS. (a) Membership.--Subsection (a) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4832) is amended-- (1) by striking the first sentence and inserting the following new sentence: ``A Board shall consist of five members, two appointed by the Secretary of State, two appointed by the Chairperson of the Council of Inspectors General on Integrity and Efficiency (the CIGIE Chairperson), and one appointed by the Director of National Intelligence.''; and (2) by striking the final two sentences and inserting the following new sentences: ``Members of a Board who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level IV of the Executive Schedule under section 5317 of title 5, United States Code, for each day (including travel time) during which such members are engaged in the actual performance of duties vested in such Board. Members of the Board who are Federal officers or employees shall receive no additional pay by reason of such membership. Only in exceptional circumstances may a member of a Board be a current Federal officer or employee.''. (b) Staff.--Paragraph (2) of subsection (b) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: ``(2) Staff.-- ``(A) In general.--A Board may hire staff to assist the Board, and may have any Federal Government employee assigned or detailed to such Board, with or without reimbursement, to assist such Board. Any such assignee or detailee shall retain without interruption the rights, status, and privileges of his or her regular employment. ``(B) Special rule.--Any individual who is hired, assigned, or detailed to assist a Board under subparagraph (A) shall be subject to the rule relating to the avoidance of conflicts of interest under subsection (a) in the same manner and to the same extent as a Member of such a Board is subject to such avoidance under such subsection. ``(C) Office of the inspector general.--To the maximum extent practicable, individuals assisting the Board shall be employees of the Office of the Inspector General of the Department of State.''. (c) Conflicts of Interest.--Section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended by adding at the end the following new subsections: ``(c) Avoidance of Conflicts of Interest.-- ``(1) In general.--The Secretary of State, the CIGIE Chairperson, and the Director of National Intelligence may not appoint any individual as a member of a Board if the Secretary, the CIGIE Chairperson, or the Director, as the case may be, determines that such individual has a conflict of interest concerning a person whose performance such Board reasonably could be expected to review. ``(2) Declining appointment.--An individual shall decline appointment to membership on a Board if such individual has actual knowledge of a conflict of interest concerning a person whose performance such Board could reasonably be expected to review. ``(3) Recusal from particular activities.--A member of a Board shall recuse him or herself from any Board activity, interview, deposition, or recommendation concerning a person with whom such member has a conflict of interest. Such member shall promptly notify the other members of such Board of any such recusal, but need not state the basis therefor. ``(d) Conflict of Interest Defined.--In this section, the term `conflict of interest' means one of the following relationships, whether current or former, that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the parties to such relationship toward each other: ``(1) A business, contractual, or other financial relationship that involves other than a routine consumer transaction. ``(2) A familial, member of household, or other close personal relationship, including a social relationship of a romantic or intimate nature. ``(3) A direct managerial or supervisory workplace relationship.''. SEC. 5. EVIDENCE. Subsection (a) of section 303 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4833) is amended by adding at the end the following new paragraph: ``(4) Determination of relevancy.--The Board may accept any evidence determined by a member of the Board to be relevant and material to an investigation or inquiry of the Board. The Federal Rules of Evidence are not applicable to the Board.''. SEC. 6. BOARD ACTIONS. (a) Program Recommendations.--Subsection (b) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4834) is amended to read as follows: ``(b) Program Recommendations.-- ``(1) In general.--Except as provided in paragraph (2), not later than 90 days after a Board is convened in a case, such Board shall submit to the Secretary of State and Congress its findings (which may be classified to the extent determined necessary by the Board), together with recommendations as appropriate to improve the security and efficiency of any program or operation which such Board has reviewed. ``(2) Extension.--The 90 day period referred to in paragraph (1) may be extended for up to 60 days if the Chairperson of the Board referred to in such paragraph determines that such additional time is necessary to complete a thorough review of the program or operation at issue. ``(3) Dissenting views.--If a member dissents from any of the findings or recommendations of the Board, such member may submit dissenting views to accompany the submission of the Board's findings and recommendations under paragraph (1).''. (b) Reports.--Paragraph (1) of subsection (d) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: ``(1) Program recommendations.--Not later than 90 days after the submission to the Secretary of State of the findings and recommendations from any Board in accordance with subsection (b), the Secretary shall submit to Congress a corresponding report on the action taken with respect to each such recommendation.''. SEC. 7. REGULATIONS. The Secretary of State shall promulgate or update regulations, as the case may be, to carry out the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to any case of an Accountability Review Board that is convened under section 301 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4831) on or after the date of the enactment of this Act.
Accountability Review Board Reform Act of 2013 - Expresses the sense of Congress that the effectiveness of Accountability Review Boards would be improved by increasing their independence from the Department of State. Amends the Omnibus Diplomatic Security and Antiterrorism Act regarding congressional notification of an Accountability Review Board's convening to include: (1) notification of the Chairman of the House Committee on Foreign Affairs; and (2) disclosure of any individual employed at a grade not lower than FS-3 or GS-14 or any political appointee who is hired, assigned, or detailed to assist the Board. Revises the appointment of the five Board members to provide that two members shall be appointed by the Secretary, two by the Chairperson of the Council of Inspectors General of Integrity and Efficiency, and one by the Director of National Intelligence. States that to the maximum extent practicable individuals assisting a Board shall be employees of the Department's Office of the Inspector General. Prohibits an individual who has a personal or professional relationship with someone expected to be investigated from serving as a Board member or staffer. Defines "conflict of interest" for such purposes. Authorizes a Board to accept any evidence determined by a Board member to be relevant and material to an investigation. States that the Federal Rules of Evidence shall not apply to the Board. Requires that a Board report and related recommendations be submitted to Congress, in addition to the Secretary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Prevention Act of 2012''. SEC. 2. DIABETES PREVENTION UNDER THE MEDICARE PROGRAM. (a) Coverage of Diabetes Prevention Program Services.-- (1) Coverage of services.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (EE), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (FF), by inserting ``and'' after the semicolon at the end; and (iii) by adding at the end the following new subparagraph: ``(GG) items and services furnished under a diabetes prevention program (as defined in subsection (iii)(1)) to an eligible diabetes prevention program individual (as defined in subsection (iii)(2));''. (B) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Diabetes Prevention Program; Eligible Diabetes Prevention Program Individual; Qualified Diabetes Prevention Program Provider ``(iii)(1)(A) The term `diabetes prevention program' means a program that-- ``(i) meets the criteria described in subparagraph (B); and ``(ii) is furnished by a qualified diabetes prevention program provider (as defined in paragraph (3)(A)). ``(B) The Secretary shall establish the criteria for a diabetes prevention program. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, and shall require that the program complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(C) Items and services furnished under a diabetes prevention program may be furnished in a community setting, as defined by the Secretary. ``(D) The Secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program. For purposes of this subsection, the term `diabetes prevention program delivery partner' means an entity, including non-profit organizations, public and private hospitals, State and local departments of public health, and Federally qualified health centers, that meets criteria established by the Secretary. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(2)(A) The term `eligible diabetes prevention program individual' means an individual at risk for diabetes (as defined in subsection (yy)(2)) who would benefit from items and services under a diabetes prevention program, as determined based on criteria established by the Secretary. ``(B) The criteria established under subparagraph (A) shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(3)(A)(i) The term `qualified diabetes prevention program provider' means any entity, including a Federally qualified health center, that the Secretary determines-- ``(I) is appropriate to furnish items and services under a diabetes prevention program; and ``(II) meets criteria established by the Secretary, in consultation with the Centers for Disease Control and Prevention. ``(ii) A qualified diabetes prevention program provider may be, as determined appropriate by the Secretary, a supplier (as defined in subsection (d)), a provider of services (as defined in subsection (u)), a health insurance or services company, a community-based organization, or any other appropriate entity. ``(B) A qualified diabetes prevention program provider shall-- ``(i) furnish the items and services under the diabetes prevention program through a delivery partner (pursuant to paragraph (1)(D)) unless no such delivery partner is available; ``(ii) manage and track the outcomes of a diabetes prevention program (including attendance and weight loss of participating individuals) through defined systems, including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph (1)(D); ``(iii) implement business processes to manage program workflow, such as eligibility, reporting, claims billing, class scheduling, and enrollment; ``(iv) manage and verify billing accuracy and beneficiary eligibility (as described in paragraph (2)); ``(v) comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner; ``(vi) perform various forms of engagement with, and outreach to, eligible diabetes prevention program individuals, including those participating in programs furnished under contract with a diabetes prevention program delivery partner; ``(vii) comply with all program integrity requirements as established by the Secretary; and ``(viii) perform such other functions as established by the Secretary.''. (2) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (Z)'' and inserting ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to items and services furnished under a diabetes prevention program (as defined in section 1861(iii)(1)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part, as determined by the Secretary, and (ii) in the case of such items and services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t)''. (3) Waiver of application of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(10)''; and (B) by inserting before the period the following: ``, and (11) such deductible shall not apply with respect to items and services under a diabetes prevention program (as defined in section 1861(iii)(1))''. (4) Assignment of claims.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified diabetes prevention program provider (as defined in section 1861(iii)(3)(A)).''. (5) Exclusion of items and services under a diabetes prevention program from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),'' after ``qualified psychologist services,''. (6) Inclusion in federally qualified health center services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the comma at the end and inserting ``; and''; and (C) by adding after subparagraph (B) the following new subparagraph: ``(C) items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),''. (7) Special consideration for the dual eligible population.--In implementing the amendments made by this subsection, the Secretary of Health and Human Services shall give special consideration to the needs of individuals who are dually eligible for benefits under the Medicare and Medicaid programs. (8) Evaluation and report to congress.-- (A) Evaluation.--The Secretary of Health and Human Services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the Medicare program, as added by the amendments made by this subsection. Such evaluation shall include an analysis of-- (i) the impact of the provision of such coverage on Medicare beneficiaries, including the impact on various populations, such as individuals who are dually eligible for benefits under the Medicare and Medicaid programs, and the impact of the provision of such coverage on health disparities; (ii) the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the Medicare program; (iii) Medicare beneficiary participation levels in diabetes prevention programs under the Medicare program and the awareness of Medicare beneficiaries of the benefit; (iv) the health outcomes resulting from completion of a diabetes prevention program under the Medicare program; (v) program integrity protections important to diabetes prevention programs under the Medicare program; and (vi) other areas determined appropriate by the Secretary. (B) Report.--Not later than January 1, 2018, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (9) Effective date.--The amendments made by paragraphs (1) through (6) shall apply with respect to services furnished on or after January 1, 2014. (b) Inclusion of Referral Rates to Diabetes Prevention Programs in the Medicare Physician Quality Reporting System.--Section 1848(k)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395w- 4(k)(2)(C)(i)) is amended by adding at the end the following new sentence: ``For purposes of reporting data on quality measures for covered professional services furnished during 2017 and each subsequent year, the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals (as defined in paragraph (2) of section 1861(iii)) to diabetes prevention programs (as defined in paragraph (1) of such section).''. (c) Inclusion of Diabetes Risk Assessment in Medicare Personalized Prevention Plan.-- (1) In general.--Section 1861(hhh)(2)(C) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by inserting before the period at the end the following: ``, and an assessment of whether the individual is an individual at risk for diabetes (as defined in subsection (yy)(2))''. (2) Effective date.--The amendments made by this subsection shall apply to personalized prevention plans created or updated on or after January 1, 2014. SEC. 3. FINDINGS; SENSE OF THE SENATE REGARDING DIABETES PREVENTION UNDER THE MEDICAID PROGRAM. (a) Findings.--Congress makes the following findings: (1) The prevalence and cost of diabetes is a significant concern for State Medicaid programs. By 2020, the Medicaid program is expected to cover 13,000,000 people with diabetes and about 9,000,000 people who may have pre-diabetes. By 2020, States will spend an estimated $83,000,000,000 on individuals with diabetes or pre-diabetes. (2) The National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, has been proven to reduce the onset of diabetes in at-risk adults by 58 percent, using a cost-effective, community-based intervention. (b) Sense of the Senate.--It is the sense of the Senate that the National Diabetes Prevention Program presents an opportunity for States to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.
Medicare Diabetes Prevention Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to cover items and services furnished under a diabetes prevention program to an eligible individual. Directs the Secretary of Health and Human Services (HHS) to establish criteria for a diabetes prevention program in accordance with the standards under the National Diabetes Prevention Program established by the Centers for Disease Control and Prevention (CDC). Expresses the sense of the Senate that the CDC's National Diabetes Prevention Program presents an opportunity for states to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System Reform Act of 1994''. TITLE I--NATIONAL PARK SYSTEM PLAN SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN. (a) Preparation of Plan.--The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary''), acting through the Director of the National Park Service, shall prepare a National Park System Plan (hereinafter in this Act referred to as the ``plan'') to guide the direction of the National Park System into the next century. The plan shall include each of the following: (1) A statement of goals and objectives for use in defining the mission and role of the National Park Service in preserving our national natural and cultural heritage, relative to other efforts at the Federal, State, local, and private levels. (2) Detailed criteria to be used in determining which natural and cultural resources are appropriate for inclusion as units of the National Park System. (3) Identification of what constitutes adequate representation of a particular resource type and which aspects of the national heritage are adequately represented in the existing National Park System or in other protected areas. (4) Identification of appropriate aspects of the national heritage not currently represented in the National Park System. (5) Priorities of the themes and types of resources which should be added to the National Park System in order to provide more complete representation of our Nation's heritage. (6) A statement of the role of the National Park Service with respect to such topics as preservation of natural areas and ecosystems, preservation of industrial America, preservation of nonphysical cultural resources, and provision of outdoor recreation opportunities. (7) A statement of what areas constitute units of the National Park System and the distinction between units of the system, affiliated areas, and other areas within the system. (b) Consultation.--During the preparation of the plan under subsection (a), the Secretary shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (c) Transmittal to Congress.--Prior to the end of the third complete fiscal year commencing after the date of enactment of this Act, the Secretary shall transmit the plan developed under this section to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM. (a) Review.--(1) Using the National Park System Plan prepared pursuant to section 101 as a guide, the Secretary shall review the existing National Park System to determine whether there are more appropriate alternatives for managing specific units or portions of units within the system, including partnerships or direct management by States, local governments, other agencies and the private sector. The Secretary shall develop a report which contains a list of areas within the National Park System where National Park Service management should be modified or terminated. (2) In developing the list under paragraph (1), the Secretary shall consider such factors as duplication within the National Park System, better representation of a particular resource type under management of another entity, lack of significance, lack of management feasibility, cost, lack of visitor accessibility, modifications that change the character of the resource, lack of collaboration to protect resources, suitability for management by another agency, and the compatibility of the resource with the present mission and role of the National Park Service. (3) For any areas for which termination of National Park Service management is recommended, the Secretary shall make recommendations regarding management by an entity or entities other than the National Park Service. For any area determined to have national significance, prior to including such area on the list under paragraph (1) the Secretary shall identify feasible alternatives to National Park Service management which will protect the resources thereof and assure continued public access thereto. (b) Consultation.--In developing the list referred to in subsection (a), the Secretary shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (c) Transmittal to Congress.--Not later than 1 year after the Secretary completes the plan referred to in section 101 of this Act, the Secretary shall transmit the report developed under this section simultaneously to the Natural Resources Committee of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall contain the recommendations of the Secretary concerning modifications or termination of National Park Service management for any areas within the National Park System and the recommendations regarding alternative management by an entity or entities other than the National Park Service. SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION. (a) Establishment of Commission.--If the Secretary fails to transmit the report developed under section 102 within the 1-year period specified in section 102, a National Park System Review Commission shall be established to review existing National Park System units to determine whether there are more appropriate alternatives for managing specific units or portions thereof. Within one year after the date of its establishment, the Commission shall prepare and transmit to the Natural Resources Committee of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report containing a list of National Park System units or portions thereof where National Park Service management should be modified or terminated. In developing the list, the Commission shall consider the factors referred to in section 102(a)(2). For any listed areas, the Commission shall suggest alternative management by an entity or entities other than the National Park Service, and for any area determined to have national significance, prior to including such area on the list the Commission shall identify feasible alternatives to National Park Service management which will protect the resources of the area and assure continued public access to thereto. In developing the list, the Commission shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (b) Membership and Appointment.--The Commission shall consist of 7 members each of whom shall have substantial familiarity with, and understanding of, the National Park System. Three members of the Commission, one of whom shall be the Director of the National Park Service, shall be appointed by the Secretary. Two members shall be appointed by the Speaker of the United States House of Representatives and two shall be appointed by the President Pro Tem of the United States Senate. Each member shall be appointed within 3 months after the expiration of the 1-year period specified in section 102(c). (c) Chair.--The Commission shall elect a chair from among its members. (d) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (e) Quorum.--A simple majority of Commission members shall constitute a quorum. (f) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (g) Compensation.--Members of the Commission shall serve without compensation as such. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (h) Termination.--The Commission established pursuant to this section shall terminate 90 days after the transmittal of the report to Congress as provided in subsection (a). (i) Limitation on National Park Service Staff.--The Commission may hire staff to carry out its assigned responsibilities. Not more than one-half of the professional staff of the Commission shall be made up of current employees of the National Park Service. (j) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission. (k) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be advisable. (l) Powers of the Commission.--(1) The Commission shall for the purpose of carrying out this title hold such public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems advisable. (2) The Commission may make such bylaws, rules, and regulations, consistent with this title, as it considers necessary to carry out its functions under this title. (3) When so authorized by the Commission any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (4) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (5) The Secretary shall provide to the Commission any information available to the Secretary and requested by the Commission regarding the plan referred to in section 101 and any other information requested by the Commission which is relevant to the duties of the Commission and available to the Secretary. TITLE II--NEW AREA ESTABLISHMENT SEC. 201. STUDY OF NEW PARK SYSTEM AREAS. Section 8 of the Act of August 18, 1970, entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'' (16 U.S.C. 1a-1 and following) is amended as follows: (1) By inserting ``General Authority.--'' after ``(a)''. (2) By striking the second through the seventh sentences of subsection (a). (3) By redesignating the last sentence of subsection (a) as subsection (e) and inserting in such sentence before the words ``For the purposes of carrying'' the following: ``(e) Authorization of Appropriations.--''. (4) By striking subsection (b). (5) By inserting the following after subsection (a): ``(b) Studies of Areas for Potential Addition.--(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System. ``(2) In developing the list to be submitted under this subsection, the Secretary shall give consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility. The Secretary shall give special consideration to themes, sites, and resources not already adequately represented in the National Park System as identified in the National Park System Plan to be developed under section 101 of the National Park System Reform Act of 1994. No study of the potential of an area for inclusion in the National Park System may be initiated after the date of enactment of this section, except as provided by specific authorization of an Act of Congress. Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system. ``(c) Report.--The Secretary shall complete the study for each area for potential inclusion into the National Park System within 3 complete fiscal years following the date of enactment of specific legislation providing for the study of such area. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and reasonable efforts to notify potentially affected landowners and State and local governments. In conducting the study, the Secretary shall consider whether the area under study-- ``(1) possesses nationally significant natural or cultural resources, or outstanding recreational opportunities, and that it represents one of the most important examples of a particular resource type in the country; and ``(2) is a suitable and feasible addition to the system. Each study shall consider the following factors with regard to the area being studied: the rarity and integrity of the resources, the threats to those resources, whether similar resources are already protected in the National Park System or in other Federal, state or private ownership, the public use potential, the interpretive and educational potential, costs associated with acquisition, development and operation, the socioeconomic impacts of any designation, the level of local and general public support and whether the unit is of appropriate configuration to ensure long term resource protection and visitor use. Each such study shall also consider whether direct National Park Service management or alternative protection by other agencies or the private sector is appropriate for the area. Each such study shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service, be most effective and efficient in protecting significant resources and providing for public enjoyment. The letter transmitting each completed study to Congress shall contain a recommendation regarding the Administration's preferred management option for the area. ``(d) List of Areas.--At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas which have been previously studied which contain primarily cultural or historical resources and a list of areas which have been previously studied which contain primarily natural resources in numerical order of priority for addition to the National Park System. In developing the list, the Secretary should consider threats to resource values, cost escalation factors and other factors listed in subsection (c) of this section.''. Passed the House of Representatives September 28, 1994. Attest: DONNALD K. ANDERSON, Clerk.
TABLE OF CONTENTS: Title I: National Park System Plan Title II: New Area Establishment National Park System Reform Act of 1994 - Title I: National Park System Plan - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare and submit to specified congressional committees a National Park System Plan to guide the direction of the System into the next century. Directs the Secretary to review the existing System to determine whether there are more appropriate alternatives for managing specific units within the System and to develop a report containing a list of areas where National Park Service management should be modified or terminated. Establishes a National Park System Review Commission to make and report such determinations if the Secretary fails to transmit the report within a specified time period. Title II: New Area Establishment - Removes certain reporting requirements concerning additional areas for the National Park System. Directs the Secretary to submit an annual list of areas recommended for study for potential inclusion in the System to specified congressional committees. Bars the initiation of any study of the potential of an area for inclusion in the System after this Act's enactment, except by specific authorization by an Act of the Congress. Requires studies to be completed within three fiscal years of the enactment date of legislation providing for study. Directs the Secretary to submit an annual list of areas which have been studied previously which contain primarily cultural or historical resources and areas which contain primarily natural resources in numerical order of priority for addition to the System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Building a Health Care Workforce for the Future Act''. SEC. 2. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS. Subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) is amended by adding at the end the following: ``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS. ``(a) In General.--The Secretary shall award grants to eligible States to enable such States to implement scholarship programs to ensure, with respect to the provision of health services, an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, physician assistants, pharmacists, and other health professionals as determined by the Secretary. ``(b) Eligible States.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application containing such information as the Secretary determines necessary to carry out this section. ``(c) Eligible Participants.--To be eligible to participate in a scholarship program carried out with a grant received under this section, an individual shall-- ``(1) be accepted for enrollment, or be enrolled, as a full-time student-- ``(A) in an accredited (as determined by the Secretary) educational institution in a State; and ``(B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, dentistry, nursing, pharmacy, or other health profession, or an appropriate degree from a graduate program of behavioral and mental health; ``(2) submit to the State an application to participate in the program; and ``(3) sign and submit to the State, at the time of the submission of the application under paragraph (2), a written contract that requires the individual to-- ``(A) accept payments under the scholarship; ``(B) maintain a minimum level of academic standing during the period of the scholarship, as determined by the Secretary; ``(C) if applicable, complete an accredited residency training program; ``(D) become licensed in the applicant's State of residence; and ``(E) serve as a provider for one year in-- ``(i) a health professional shortage area (as defined under section 332); ``(ii) a medically underserved community (as defined under section 799B); or ``(iii) any other shortage area defined by the State and approved by the Secretary; in the applicant's State of residence for every year in which the applicant received a scholarship. ``(d) Designation of Areas.--To be eligible to receive a grant under this section, a State shall adequately demonstrate to the Secretary that the State has designated appropriate health professional or specialty shortage areas. ``(e) Required Disclosures.--In disseminating application and contract forms to individuals desiring to participate in a scholarship program funded under this section, the State shall include with such forms a summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted), including a clear explanation of the damages to which the State is entitled in the case of the individual's breach of the contract. ``(f) Awarding of Contracts.-- ``(1) In general.--A State that enters into a contract with an individual under subsection (c)(3) shall, with respect to the program in which the individual is enrolled, agree to pay-- ``(A) all tuition and costs associated with the program; ``(B) any other reasonable educational expenses, including fees, books, and laboratory expenses, related to the program; and ``(C) a cost-of-living stipend in an amount to be determined the Secretary. ``(2) Consideration by state.--In entering into contracts with individuals that meet the requirements of subsection (c), the State shall consider the extent of the applicant's demonstrated interest in the provision of care services in a particular provider shortage area. ``(g) Matching Funds.--A State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under the scholarship program implemented by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant. ``(h) Direct Administration by State Agency.--The scholarship program of any State receiving a grant under this section shall be administered directly by a State agency. ``(i) Report by Secretary.--Not later than four years after the date of enactment of this section, and every five years thereafter, the Secretary shall submit to Congress a report concerning-- ``(1) the number of scholarships awarded under the State scholarship program; ``(2) the number of scholarship recipients, broken down by practice area, serving in the profession originally awarded a scholarship for one year after the completion of the service period required under subsection (c)(3)(E); ``(3) the number of scholarship recipients, broken down by provider type, practicing in a medically underserved community one year after the completion of the service period required under subsection (c)(3)(E); ``(4) data on any changes in health professional shortage areas or medically underserved communities within the State; ``(5) remaining gaps in such health professional shortage areas or medically underserved communities; ``(6) the number of additional full-time physicians that would be required to eliminate such health professional shortage areas or medically underserved communities in the State; ``(7) the number of individuals who received a scholarship but failed to comply with the requirements of the scholarship; ``(8) the action taken by the State to recoup scholarship funds in the case of any non-compliance; and ``(9) recommendations to improve the program under this section. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2018 through 2022. Not less than 50 percent of the amount appropriated for a fiscal year under this subsection shall be used to provide scholarships to providers who intend on pursuing careers in primary care.''. SEC. 3. INCREASING MENTORING AND TRANSFORMING COMPETENCIES IN PRIMARY CARE. Title VII of the Public Health Service Act is amended by inserting after section 747A (42 U.S.C. 293k-1) the following: ``SEC. 747B. DEVELOPING EFFECTIVE PRIMARY CARE MENTORS AND IMPROVING MENTORSHIP OPPORTUNITIES FOR MEDICAL STUDENTS. ``(a) Grants To Cultivate Primary Care Mentors and Improve Primary Care Mentorship Opportunities for Medical Students.--The Secretary may award grants to eligible medical schools to assist such schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among students. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be an accredited medical school or college of osteopathic medicine; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the applicant will use amounts received under the grant to-- ``(A) establish or enhance existing mentorship programs, including-- ``(i) incentivizing medical school faculty (through financial or other reward systems) to participate as a mentor of other primary care physician faculty members and students; ``(ii) providing resources for aspiring mentors to participate in workshops or other learning experiences in which primary care physicians can learn about effective strategies in primary care mentoring; ``(iii) enabling successful primary care mentors on medical school faculty to spend time at another institution where they can promote best practices in mentoring primary care leaders and students; and ``(iv) developing web-based resources for mentors to interact regularly and share successful strategies; or ``(B) cultivate interest and leaders in primary care among students, including-- ``(i) offering students that identify interest in primary care upon matriculation longitudinal experiences in primary care to care for and track the health and wellness of patients throughout medical school; ``(ii) arranging partnerships with private practices, insurers, schools of public health, public health departments, and community-based service projects with the goal of providing students with the opportunity to interact with primary care mentors from a variety of health care settings; ``(iii) providing stipends or other forms of financial resources to students who work with designated mentors in the field of primary care in underserved urban and rural communities; and ``(iv) supporting opportunities for students to engage in practice redesign or other efforts in which primary care physicians are taking a leadership role in delivery system reform. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2018 through 2024. ``SEC. 747C. DEVELOPING AND PROMOTING NEW COMPETENCIES. ``(a) Grants To Develop and Promote New Competencies.--In order to foster curricular innovations to improve the education and training of health care providers, the Secretary shall award grants to medical and other health professions schools to promote priority competencies (as described in subsection (b)). ``(b) Priority Competencies.--In awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on Training in Primary Care and Dentistry, shall select an annual competency to direct the awarding of such grants. Such annual competencies may include-- ``(1) patient-centered medical homes; ``(2) chronic disease management; ``(3) integration of primary care and mental health care; ``(4) integration of primary care, public and population health, and health promotion; ``(5) cultural competency; ``(6) domestic violence; ``(7) improving care in medically undeserved areas; and ``(8) team-based care. ``(c) Grant Recipients.--The Secretary may award grants under subsection (a) to programs that provide education or training for-- ``(1) physicians; ``(2) dentists and dental hygienists; ``(3) physician assistants; ``(4) mental and behavioral health providers; ``(5) public and populations health professionals; or ``(6) pharmacists. ``(d) Consideration in Evaluating Grant Applications.--The Secretary shall give consideration to applicants that are proposing to partner with other medical programs, health professions programs, or nursing programs. ``(e) Grantee Reports.--Each recipient of a grant under this section shall, not later than 180 days after the end of the grant period involved, submit to the Advisory Committee, a report on the following (where appropriate): ``(1) A description of how the funding under the grant was used by the grantee. ``(2) A description of the intended goal of such funding. ``(3) A description of the challenges faced by the grantee in reaching the goal described in paragraph (2). ``(4) A description of the lessons learned by the grantee related to the grant activities. ``(f) Recommendations of the Advisory Committee.--The Advisory Committee, based on the information submitted under subsection (e), shall annually report to the Secretary on outcomes of the activities carried out under grants under this section, including specific recommendations for scaling up innovations to promote education and training of health care providers in the priority competencies described in subsection (b). ``(g) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2018 through 2022 to carry out this section.''. SEC. 4. STUDY ON DOCUMENTATION REQUIREMENTS FOR COGNITIVE SERVICES. Not later than three years after the date of enactment of this Act, the Institute of Medicine shall conduct a study and submit a report to Congress concerning the documentation requirements for cognitive services (evaluation and management services) required under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act, respectively, and through private health insurers. Such study shall include an evaluation of-- (1) how documentation requirements designed for paper-based records should be modified for electronic records; (2) whether or not the documentation requirements are overly burdensome on physicians and detract from patient care; (3) the administrative costs to physician practices of the current documentation requirements; (4) the average amount of time required by physicians to document cognitive services; (5) options to more appropriately compensate physicians for evaluation and management of patient care without requiring excessive documentation of cognitive services; and (6) recommendations for less burdensome alternatives or changes to existing documentation requirements of cognitive services.
Building a Health Care Workforce for the Future Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Scholarships must cover tuition and educational expenses and provide a cost-of-living stipend. Scholarship recipients must agree to serve as providers in shortage areas in the state for one year for each year they receive the scholarship. HHS may award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. In order to foster curricular innovations to improve the education and training of health care providers, HHS must award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry. The National Academy of Medicine (formerly known as the Institute of Medicine) must study the documentation requirements for cognitive services under Medicare, Medicaid, and private health insurers, including whether the requirements are overly burdensome.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Freedom and Support Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people of the United States have long demonstrated an interest in the well-being of the people of Iran, including through the work of missionaries whose work in Iran dates back to the 1830s. (2) Famous Americans such as Howard Baskerville, Dr. Samuel Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made significant contributions to Iranian society by furthering the educational opportunities of the people of Iran and improving the opportunities of the less fortunate citizens of Iran. (3) Iran served as a key ally of the United States following World War II and through the late 1970s serving as an important regional ally and a key bulwark against Soviet influence. (4) In November 1979, following the arrival of Mohammed Reza Shah Pahlavi in the United States, a mob of students and extremists seized the United States Embassy in Tehran, Iran, holding United States diplomatic personnel hostage until January 1981. (5) Following the seizure of the United States Embassy, Ayatollah Ruhollah Khomeini, leader of the repressive revolutionary movement in Iran, expressed support for the actions of the students in taking American citizens hostage. (6) Despite the historic victory of Mohammad Khatami in the presidential election of May 1997, an election which Khatami won with 69 percent of the vote and in which an estimated 91 percent of the electorate participated, control of the internal and external affairs of the Islamic Republic of Iran is still exercised by the courts in Iran and the Revolutionary Guards, Supreme Leader, and Council of Guardians of the Government of Iran. (7) The election results of the May 1997 election and the high level of voter participation in that election demonstrate that the people of Iran favor economic and political reforms and greater interaction with the United States and the Western world in general. (8) Despite the election of President Khatami and the outreach of the Clinton administration to ease sanctions and to promote people-to-people exchanges, Leader of the Islamic Revolution Ayatollah Ali Khamenei, the Militant Clerics' Society, the Islamic Coalition Organization, and Supporters of the Party of God have all opposed efforts to open Iranian society to Western influences and have opposed efforts to change the dynamic of relations between the United States and Iran. (9) For the past two decades, the Department of State has found Iran to be the leading sponsor of international terrorism in the world. (10) In 1983, the Iran-sponsored Hezbollah terrorist organization conducted suicide terrorist operations against United States military and civilian personnel in Beirut, Lebanon, resulting in the deaths of hundreds of Americans. (11) Intelligence analysts and law enforcement personnel have linked Iran to attacks against American military personnel at Khobar Towers in Saudi Arabia in 1996 and to al Qaeda attacks against civilians in Saudi Arabia in 2004. (12) Iran has provided a safe haven and a base of operations for terrorist groups, including al Qaeda, Islamic Jihad, and Ansar al Islam, and to terrorist leaders, including Abu Musab al Zarkawi, Zayman al Zawahiri, and members of the bin Laden family. (13) Iran currently operates more than 10 radio and television stations broadcasting in Iraq that support violent actions against United States and coalition personnel in Iraq. (14) The current leaders of Iran, Ayatollah Ali Khamenei and Hashemi Rafsanjani, have repeatedly called upon Muslims to kill Americans in Iraq and install a theocratic regime in Iraq. (15) The United States intelligence community believes the Government of Iran is pursuing a clandestine nuclear weapons program. (16) The Government of Iran has failed to meet repeated pledges to arrest and extradite foreign terrorists in Iran. (17) The United States Government believes that the Government of Iran supports terrorists and extremist religious leaders in Iraq with the clear intention of subverting coalition efforts to bring peace and democracy to Iraq. (18) The Ministry of Defense of Iran confirmed in July 2003 that it had successfully conducted the final test of the Shahab-3 missile, giving Iran an operational intermediate-range ballistic missile capable of striking both Israel and United States troops throughout the Middle East and Afghanistan. SEC. 3. SENSE OF CONGRESS ON UNITED STATES POLICY TOWARD IRAN. It is the sense of Congress that it should be the policy of the United States to support regime change for the Islamic Republic of Iran and to promote the transition to a democratic government to replace that regime. SEC. 4. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY IN IRAN. (a) In General.--The President is authorized to provide assistance to foreign and domestic pro-democracy groups opposed to the non- democratic Government of Iran, including the award of grants to qualified pro-democracy radio and television broadcasting organizations. (b) Eligibility for Assistance.--Financial assistance may only be provided under this section to individuals, organizations, or entities that have-- (1) officially renounced the use of terrorism; (2) pledged to adhere to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) pledged to support the destruction of all prohibited stockpiles of weapons of mass destruction in Iran; and (4) supported the adoption of a democratic form of government in Iran. (c) Political Assistance.-- (1) In general.--The President is authorized to provide assistance to support foreign and domestic pro-democracy groups opposed to the non-democratic Government of Iran that-- (A) are dedicated to democratic values; (B) show a commitment to human rights, equality of women, and freedom of religious worship; (C) demonstrate a commitment to fostering equality of opportunity; and (D) support freedom of the press, freedom of speech, and freedom of association. (2) Funding.--The President may provide assistance under paragraph (1) using-- (A) funds available to the Middle East Partnership Initiative (MEPI) and National Endowment for Democracy (NED); and (B) amounts authorized to be appropriated under subsection (g). (d) Notification Requirement.--The President shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives at least 15 days in advance of each obligation of assistance under this section in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-l). (e) Coordination of Policy.--In order to ensure maximum coordination among Federal agencies, the President shall appoint a senior member of the National Security Council as special assistant to the President on Iran matters. (f) Sense of Congress on Diplomatic Assistance.--It is the sense of Congress that-- (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) official meetings with representatives of the Government of Iran should be terminated; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation of the Government of Russia with that nuclear weapons program; and (5) officials and representatives of the United States Government should strongly and unequivocally support indigenous efforts in Iran to call for a national referendum on the form of government in Iran, including drawing international attention to the violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of State $10,000,000 to carry out activities under this section. SEC. 5. DESIGNATION OF DEMOCRATIC OPPOSITION ORGANIZATIONS. (a) Initial Designation.--It is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 4. (b) Notification Requirement.--At least 15 days before designating a democratic opposition organization as eligible to receive assistance under section 4, the President shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives of the proposed designation. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to authorize or otherwise approve of the use of the Armed Forces of the United States in carrying out activities under this Act.
Iran Freedom and Support Act of 2004 - Expresses the sense of Congress that: (1) it should be U.S. policy to support regime change for the Islamic Republic of Iran and to promote the transition to a democratic government; (2) contacts with democratic Iranian opposition groups that have pledged to adhere to nonproliferation should be expanded, and official meetings with representatives of the Iranian Government should be terminated; and (3) the President should designate at least one democratic opposition group eligible for assistance within 90 days of enactment of this Act. Authorizes the President to provide assistance to foreign and domestic pro-democracy groups opposed to the Government of Iran, including the award of grants to qualified pro-democracy radio and television broadcasting organizations. Requires presidential notification to specified congressional committees prior to any such obligation of assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``First Rhode Island Regiment Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the winter of Valley Forge, from 1777-1778, the Continental Army had difficulty recruiting the necessary quotas of men set by the Congress. (2) At the same time, the State of Rhode Island was ordered to supply two battalions while faced with the occupation of the City of Newport by the British. (3) In January 1778, at the urging of Brigadier General James Varnum, General George Washington wrote to Governor Nicholas Cooke of the State of Rhode Island requesting assistance recruiting men for the Continental Line. (4) On February 14, 1778, the Rhode Island General Assembly voted to allow the enlistment of ``every able-bodied negro, mulatto, or Indian man slave''. (5) In addition, the Rhode Island General Assembly provided that any enlisted slave ``upon his passing muster before Colonel Christopher Greene, be immediately discharged from the service of his master or mistress, and be absolutely free as though he had never been incumbered and be incumbered with any kind of servitude or slavery.''. (6) As a result, between February 1778 and June 1778, Colonel Christopher Greene, Lt. Colonel Jeremiah Olney and Major Samuel Ward recruited almost 200 men of African and Native American descent who formed the core of the First Rhode Island Regiment. (7) The First Rhode Island Regiment became among the first units in American History in which men of every race and ethnicity were recruited to serve. (8) On August 28, 1778, at the Battle of Rhode Island, following an attempted siege of British-occupied Newport along with the newly allied French fleet, the First Rhode Island Regiment acted heroically in holding back Hessian forces and causing them to retreat. (9) During the Battle of Rhode Island, the First Rhode Island Regiment's losses included three killed, nine wounded and eleven missing soldiers. (10) For an additional 5 years, the First Rhode Island Regiment fought bravely to win American independence including at Fort Oswego, Saratoga, and Yorktown. (11) On June 13, 1783, at Saratoga, the First Rhode Island Regiment was demobilized. (12) Their commander, Colonel Jeremiah Olney, praised the Regiment for ``faithfully preserving in the best of causes, in every stage of service, with unexampled fortitude and patience through all the danger and toils of a long and severe war''. (13) Afterwards, some veterans of the First Rhode Island Regiment had to consistently resist efforts at re-enslavement and fought for back wages from the Rhode Island General Assembly. (14) According to the Rhode Island State Archives, the First Rhode Island Regiment included at least the following soldiers: Babcock, Priamus (Primus); Bent, Prince; Bours, Cato; Brown, Priamus (Primus); Burk, Africa; Burroughs, John; Carpenter, Cudgo; Champlin, Dick; Champlin, Jack; Champlin, July; Champlin, Newport; Champlin, Sharper; Champlin, York; Clark, James; Coddington, Jack; Fones, Jack; Gardner, Cuff; Gardner, Hercules; Gardner, Minkl; Gardner, Preamus (Primus); Gardner, Rutter; Gray, Ebenezer; Green, Cuff; Greene, Cato; Greene, Jack; Greene, Pero; Greene, William; Hammond, Prince; Harriss, Cesar; Hazard, Backus; Hazard, Jabin; Hazard, Jacob; Hazard, Peter; Hazard, Peter; Lefavour, Thom; Mason, Warsen; Mawney, Cyrus; Minturn, Jack; Mowrey, Pero; Nichols, Thomas; Perry, Ganset; Phillips, Philow; Pierce, Titus; Potter, David; Randall, Prince; Rhodes, Bristol; Rhodes, Priamus; Rhodes, Richard; Rhodes, Samuel; Richmond, Ebenezer; Robinson, Mingo; Rodman, Isaac; Rodman, Mingo; Rodman, Prince; Rose, Cesar; Saltonstall, Brittain; Saunders, Sampson; Sheldon, Cesar; Slave; Slave; Smith, Juba; Sweeling, Query; Talbot, Sigby; Tanner, Quam; Tillinghast, Cuff; Updike, Cesar; Updike, Moses; Vaughan, Prince; Vernon, Cato; Watson, Fortune; Wells, Cesar; Wickes, Nat; and Willbour, Boston. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the First Rhode Island Regiment, collectively in recognition of their dedicated service during the Revolutionary War. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the First Rhode Island Regiment of the Revolutionary War under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and 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 appropriate locations associated with the First Rhode Island Regiment of the Revolutionary War. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
First Rhode Island Regiment Congressional Gold Medal Act Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the First Rhode Island Regiment, collectively, in recognition of their service during the Revolutionary War. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover the costs of such medals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Cybersecurity Act of 2017''. SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 (21 U.S.C. 360j) the following-- ``SEC. 520A. CYBERSECURITY FOR DEVICES. ``(a) Definitions.--In this section: ``(1) Cyber device.--The term `cyber device' means any device that has network or Internet connectivity (such as near field communication (NFC), Bluetooth, or WiFi), connects to an external storage device or external media (such as a universal serial bus (USB) or a compact disk), or has any other cyber capability. ``(2) Cybersecurity fix or update.--The term `cybersecurity fix or update' means any modification to a cyber device that addresses a software, firmware, or hardware error or known vulnerability, or a security update, and does not change the therapeutic or diagnostic function of the device. ``(b) Transparency of Risk Prior to Marketing.-- ``(1) Report card.-- ``(A) In general.--The Secretary, in coordination with the entities described in subparagraph (B), shall develop a report card for indicating the cybersecurity functions of cyber devices. The report card shall contain the contents described in paragraph (2) and be disclosed in accordance with paragraph (3). ``(B) Coordination.--The entities described in this subparagraph are the following: ``(i) The National Institute of Standards and Technology. ``(ii) The Secretary of Homeland Security. ``(iii) The National Coordination Office supporting the Networking and Information Technology Research and Development Program. ``(iv) The Federal Trade Commission. ``(v) Any other relevant agency, or cybersecurity or medical device industry group, as determined by the Secretary. ``(2) Contents of report card.--Each report card shall contain each of the following: ``(A) Information pertaining to all essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, as set forth by the Healthcare Information and Management Systems Society and the National Electrical Manufacturers Association. ``(B) A traceability matrix, accepted by the Secretary, that-- ``(i) redacts content that is confidential, as determined by the Secretary; and ``(ii) establishes design components and traces such components to design compensating controls. ``(C) A description of any manufacturer compensating controls that-- ``(i) effectively address known common vulnerabilities and exposures; and ``(ii) provide providers with industry standard compensating controls for improving cybersecurity. ``(D) A description of-- ``(i) any cybersecurity evaluation conducted on the device, including any testing, validation, or verification of the device; ``(ii) who conducted such evaluation; and ``(iii) the results of such evaluation. ``(E) A cybersecurity risk assessment conducted by the manufacturer, or a third party, explaining the risk of the device to patient safety and clinical hazards. ``(F) An indication of whether the device is capable of being remotely accessed. If the device is capable of being remotely accessed, an indication of any security measures and access protocols the device has in place to secure such access. ``(3) Disclosure of report card.-- ``(A) Clearance or approval.--The manufacturer of any cyber device shall include the report card in any notification to the Secretary under section 510(k) or any application for premarket approval under section 515(c), as applicable. ``(B) Public accessibility.-- ``(i) In general.--The Secretary shall provide a copy of the report card to any entity described in clause (ii) that submits a request for such copy to the Secretary. ``(ii) Entities permitted access.--An entity described in this clause is-- ``(I) any health care industry entity, consisting of any provider, device manufacturer, the Federal Government, health care information security researchers, and health care academia; and ``(II) any entity determined by the Secretary to have a valid interest in the report card. ``(C) Updated report card.--For as long as the cyber device receives technical support from the manufacturer or any other third party authorized by the manufacturer, the manufacturer shall submit to the Secretary an annual update to the report card. ``(c) Protecting Remote Access to Managed Solutions.-- ``(1) In general.--A manufacturer of a cyber device shall: ``(A) In order to remotely access such device after selling, or otherwise transferring ownership of, the device, obtain consent for such access from the provider owning or operating the device and from any patient on which the device is used. Such consent may be in the form of an agreement entered into between the provider and the manufacturer at the time the device is sold to the provider, and may be for the manufacturer to remotely access the device at times specified in such agreement or by an agreement between the manufacturer and provider entered into thereafter. In the case of an agreement described in the previous sentence, consent of the patient may be obtained through the provider notifying the patient of such agreement. ``(B) For any cyber device that the manufacturer may remotely access in accordance with subparagraph (A): ``(i) Notify the provider when the manufacturer accesses the device remotely, including the name of the person with such access, the kinds of tasks that can be performed through such access, and the software used to access the device. Such notification can be in the form of an audit log described in clause (ii) if the audit log is readily available to the provider. ``(ii) Maintain an audit log for each time the manufacturer accesses the device remotely and make such log accessible to the provider. ``(C) Except as provided in paragraph (2), for any cyber device that has the capability to be accessed remotely by the manufacturer or any other entity: ``(i) Implement multi-factor authentication for accessing any cyber capability of the device. ``(ii) Secure data in motion and data at rest with data encryption, and other best practices, approved by the National Institute of Standards and Technology. ``(iii) Install automated tools to track access, or identify attempts at unauthorized access, to any cyber capability of the device. ``(iv) Adopt whitelisting approaches and changeable passwords for accessing any cyber capability of the device. ``(v) Comply with the remote access provisions recommended by the National Institute of Standards and Technology, in the document entitled `Security for Telecommuting and Broadband Communications (NIST Special Publication 800-46)', published in August 2002. ``(2) Exceptions.--A manufacturer may submit a petition to the Secretary to exempt a cyber device from any requirement under paragraph (1)(C). The Secretary may grant such an exemption if it determines that the manufacturer can prove the exemption would pose not more than a minimal risk to patient health, minimal risk to privacy, and minimal risk of a cyber vulnerability. ``(d) Cybersecurity Fixes or Updates.-- ``(1) Re-clearance or reapproval.--Unless at the request of the Secretary due to a unique and extenuating circumstance, any cybersecurity fix or update shall not require a new notification under section 510(k) or application for premarket approval under section 515(c). ``(2) Free cybersecurity fixes or updates.--A manufacturer of a cyber device shall provide any cybersecurity fix or update to the device free of charge until-- ``(A) the date on which any agreement to provide such fixes or updates, entered into between the manufacturer (or a third party authorized by the manufacturer) and a provider, expires; or ``(B) if no agreement described in subparagraph (A) is in effect, the date that is 10 years after the date on which the manufacturer discontinues marketing the device. ``(e) End-of-Life Device.--Not later than 90 days after a manufacturer declares that it will no longer sell a cyber device, the manufacturer of such device shall-- ``(1) shall provide any provider owning or operating the device with the report card, as most recently updated under subsection (b)(3)(C); ``(2) to the extent practicable, inform any provider owning or operating the device that the manufacturer will no longer be manufacturing such device; ``(3) provide notice to any provider owning or operating the device of the date on which the last cybersecurity fix or update will be provided by the manufacturer; ``(4) notify the Secretary of such declaration; and ``(5) provide any provider owning or operating the device with the following information related to the device: ``(A) Compensating controls on how to securely configure the cyber device if the device stays in operation past the date on which the manufacturer stops providing cybsecurity fixes or updates under subsection (d)(2). ``(B) Documentation on secure preparation for recycling and disposal of the device. ``(C) Specific guidance regarding supporting infrastructure architecture, including network segmentation and device isolation requirements. ``(D) Instructions on how to delete any personally identifiable information, protected health information, or other site-specific sensitive data such as configuration files. ``(f) Applicability.--This section shall not apply with respect to any cyber device for which, prior to the enactment of the Medical Device Cybersecurity Act of 2017, a notification was submitted under section 510(k), or for which an application for premarket approval was submitted under section 515(c).''. (b) Enforcement.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with subsection (b), (c), (d), or (e) of section 520A.''. (c) Expansion of ICS-CERT Responsibilities.-- (1) Definitions.--In this subsection: (A) Cyber device.--The term ``cyber device'' has the meaning given the term in section 520A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). (B) ICS-CERT.--The term ``ICS-CERT'' means the Industrial Control Systems Cyber Emergency Response Team of the National Cybersecurity and Communications Integration Center established under section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). (C) Under secretary.--The term ``Under Secretary'' means the Under Secretary appointed under section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)). (2) Expansion.--Not later than 180 days after the date of enactment of this Act, the Under Secretary shall expand the duties and mission of ICS-CERT to include-- (A) investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or significant misuse of personal health information, as determined necessary by ICS-CERT or at the request of the Under Secretary; and (B) coordinating device-specific responses to cybersecurity incidents and vulnerabilities with respect to cyber devices. (3) Consultation.--In carrying out paragraph (2), the Under Secretary shall consult with relevant agencies within the Food and Drug Administration, the Department of Health and Human Services, the National Institute of Standards and Technology, the National Coordination Office for Networking and Information Technology Research and Development, the Federal Trade Commission, and experts in the cybersecurity and medical device industries. (4) Coordinated disclosure.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall issue rules relating to the coordinated disclosure of controlled and uncontrolled cybersecurity vulnerabilities of cyber devices, which shall-- (A) outline the roles and responsibilities of ICS- CERT and manufacturers and providers of cyber devices; (B) provide timelines for all required actions; and (C) provide for the enforcement of cooperation between ICS-CERT and manufacturers and providers of cyber devices. (5) Report.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to Congress a report detailing the expanded duties and mission of ICS-CERT under paragraph (2).
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others, to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include a report card in any premarket notification or application for premarket approval. The FDA shall provide a copy of a device's report card if requested by a health care industry entity or an entity with a valid interest in the report card.  The bill establishes procedures, including notifications to providers and patients, for manufacturers when cyber devices are remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing and Exploited Children Task Force Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the victimization of children in our Nation has reached epidemic proportions; recent Department of Justice figures show that-- (A) 4,600 children were abducted by non-family members; (B) two-thirds of the abductions of children by non-family members involve sexual assault; (C) more than 354,000 children were abducted by family members; and (D) 451,000 children ran away; (2) while some local law enforcement officials have been successful in the investigation and resolution of such crimes, most local agencies lack the personnel and resources necessary to give this problem the full attention it requires; (3) a majority of the Nation's 17,000 police departments have 10 or fewer officers; and (4) locating missing children requires a coordinated law enforcement effort; supplementing local law enforcement agencies with a team of assigned active Federal agents will allow Federal agents to pool their resources and expertise in order to assist local agents in the investigation of the Nation's most difficult cases involving missing children. SEC. 3. PURPOSE. The purpose of this Act is to establish a task force comprised of law enforcement officers from pertinent Federal agencies to work with the National Center for Missing and Exploited Children (referred to as the ``Center'') and coordinate the provision of Federal law enforcement resources to assist State and local authorities in investigating the most difficult cases of missing and exploited children. SEC. 4. ESTABLISHMENT OF TASK FORCE. Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is amended-- (1) by redesignating sections 407 and 408 as sections 408 and 409, respectively; and (2) by inserting after section 406 the following new section: ``task force ``Sec. 407. (a) Establishment.--There is established a Missing and Exploited Children's Task Force (referred to as the ``Task Force''). ``(b) Membership.-- ``(1) In general.--The Task Force shall include at least 2 members from each of-- ``(A) the Federal Bureau of Investigation; ``(B) the Secret Service; ``(C) the Bureau of Alcohol, Tobacco and Firearms; ``(D) the United States Customs Service; ``(E) the Postal Inspection Service; ``(F) the United States Marshals Service; and ``(G) the Drug Enforcement Administration. ``(2) Chief.--A representative of the Federal Bureau of Investigation (in addition to the members of the Task Force selected under paragraph (1)(A)) shall act as chief of the Task Force. ``(3) Selection.--(A) The Director of the Federal Bureau of Investigation shall select the chief of the Task Force. ``(B) The heads of the agencies described in paragraph (1) shall submit to the chief of the Task Force a list of at least 5 prospective Task Force members, and the chief shall select 2, or such greater number as may be agreeable to an agency head, as Task Force members. ``(4) Professional qualifications.--The members of the Task Force shall be law enforcement personnel selected for their expertise that would enable them to assist in the investigation of cases of missing and exploited children. ``(5) Status.--A member of the Task Force shall remain an employee of his or her respective agency for all purposes (including the purpose of performance review), and his or her service on the Task Force shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis. ``(6) Period of service.--(A) Subject to subparagraph (B), a member shall serve on the Task Force for a period of 1 year, and may be selected to a renewal of service for 1 additional year. ``(B) The chief of the Task Force may at any time request the head of an agency described in paragraph (1) to submit a list of 5 prospective Task Force members to replace a member of the Task Force, for the purpose of maintaining a Task Force membership that will be able to meet the demands of its caseload. ``(c) Support.-- ``(1) In general.--The Administrator of the General Services Administration, in coordination with the heads of the agencies described in subsection (b)(1), shall provide the Task Force office space and administrative and support services, such office space to be in close proximity to the office of the Center, so as to enable the Task Force to coordinate its activities with that of the Center on a day-to-day basis. ``(2) Legal guidance.--The Attorney General shall assign a United States Attorney to provide legal guidance, as needed, to members of the Task Force. ``(d) Purpose.-- ``(1) In general.--(A) The purpose of the Task Force shall be to make available the combined resources and expertise of the agencies described in paragraph (1) to assist State and local governments in the most difficult missing and exploited child cases nationwide, as identified by the chief of the Task Force from time to time, in consultation with the Center, and as many additional cases as resources permit, including the provision of assistance to State and local investigators on location in the field. ``(B) Technical assistance.--The role of the Task Force in any investigation shall be to provide advice and technical assistance and to make available the resources of the agencies described in subsection (b)(1); the Task Force shall not take a leadership role in any such investigation. ``(e) Training.--Members of the Task Force shall receive a course of training, provided by the Center, in matters relating to cases of missing and exploited children. ``(f) Cross-Designation of Task Force Members.--The Attorney General shall cross-designate the members of the Task Force with jurisdiction to enforce Federal law related to child abduction to the extent necessary to accomplish the purposes of this section.''.
Missing and Exploited Children Task Force Act of 1993 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a Missing and Exploited Children's Task Force (comprised of law enforcement officers from pertinent Federal agencies) to work with the National Center for Missing and Exploited Children and to coordinate the provision of Federal law enforcement resources to assist State and local authorities in investigating the most difficult cases of missing and exploited children. Requires the Director of the Federal Bureau of Investigation to select the chief of the Task Force.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``End-User Protection Act of 2014''. SEC. 2. DEFINITIONS. (a) In General.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (1) by redesignating paragraphs (8) through (51) as paragraphs (9) through (52), respectively; (2) by inserting after paragraph (7) the following: ``(8) Commercial market participant.--The term `commercial market participant' means any producer, processor, merchant, or commercial user of an exempt or agricultural commodity, or the products or by-products of an exempt or agricultural commodity.''; (3) in subparagraph (B) of paragraph (48) (as so redesignated), by striking clause (ii) and inserting the following: ``(ii) any purchase or sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled, including any stand-alone or embedded option for which exercise would result in a physical delivery obligation;''; and (4) in paragraph (50) (as redesignated by paragraph (1)), by striking subparagraph (D) and inserting the following: ``(D) De minimis exception.-- ``(i) In general.--The Commission shall exempt from designation as a swap dealer an entity that engages in a de minimis quantity of swap dealing (which shall not be less than $8,000,000,000) in connection with transactions with or on behalf of its customers. ``(ii) Regulations.--The Commission shall promulgate regulations to establish the factors to be used in a determination under clause (i) to exempt, including any monetary or other levels established by the Commission, and those levels shall only be amended or changed through an affirmative action of the Commission undertaken by rule or regulation.''. (b) Financial Entity.--Section 2(h)(7)(C) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)) is amended-- (1) in clause (iii)-- (A) by striking ``an entity whose'' and inserting the following: ``an entity-- ``(I) whose''; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(II) that is-- ``(aa) a commercial market participant; ``(bb) included in clause (i)(VIII); and ``(cc) not supervised by a prudential regulator; or ``(III) that is included in clause (i)(VIII) because-- ``(aa) the entity regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate, whether directly or indirectly, the commercial risk of 1 or more entities within the same commercial enterprise as the entity; or ``(bb) of the making of loans to 1 or more entities within the same commercial enterprise as the entity.''; and (2) by adding at the end the following: ``(iv) Same commercial enterprise.--For purposes of clause (iii)(III), an entity shall be considered to be within the same commercial enterprise as another entity if-- ``(I) 1 of the entities owns, directly or indirectly, at least a majority ownership interest in the other entity and reports its financial statements on a consolidated basis and the consolidated financial statements include the financial results of both entities; or ``(II) a third party owns at least a majority ownership interest in both entities and reports its financial statements on a consolidated basis and the financial statements of the third party include the financial results of both entities. ``(v) Predominantly engaged.-- ``(I) In general.--Not later than 90 days after the date of enactment of this clause, the Commission shall promulgate regulations defining the term `predominantly engaged' for purposes of clause (i)(VIII). ``(II) Minimum revenues.--The regulations shall provide that an entity shall not be considered to be predominantly engaged in activities that are in the business of banking or financial in nature if the consolidated revenues of the entity derived from the activities constitute less than a percentage (as specified by the Commission in the regulations) of the total consolidated revenues of the entity. ``(III) Revenues from banking or financial activities.--In determining the percentage of the revenues of an entity that are derived from activities that are in the business of banking or financial in nature, the regulations shall exclude all revenues that are or result from foreign exchange or derivatives transactions used to hedge or mitigate commercial risk (as defined by the Commission in the regulations).''. SEC. 3. REPORTING OF ILLIQUID SWAPS SO AS TO NOT DISADVANTAGE CERTAIN NON-FINANCIAL END USERS. Section 2(a)(13) of the Commodity Exchange Act (7 U.S.C. 2(a)(13)) is amended-- (1) in subparagraph (C), by striking ``The Commission'' and inserting ``Except as provided in subparagraph (D), the Commission''; (2) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and (3) by inserting after subparagraph (C) the following: ``(D) Requirements for swap transactions in illiquid markets.-- ``(i) Definition of illiquid markets.--In this subparagraph, the term `illiquid markets' means any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. ``(ii) Requirements.--Notwithstanding subparagraph (C), the Commission shall-- ``(I) provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A); and ``(II) ensure that the swap transaction information described in subclause (I) is available to the public not sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity.''. SEC. 4. TREATMENT OF AFFILIATES. Section 2(h)(7)(D)(i) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)(i)) is amended-- (1) by striking ``An affiliate'' and inserting ``A person that is a financial entity and is an affiliate''; (2) by striking ``(including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person)''; and (3) by striking ``and as an agent''. SEC. 5. APPLICABILITY TO BONA FIDE HEDGE TRANSACTIONS OR POSITIONS. Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is amended-- (1) in the second sentence of paragraph (1), by striking ``into the future for which'' and inserting ``in the future, to be determined by the Commission, for which either an appropriate swap is available or''; and (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``subsection (a)(2)'' and all that follows through ``position that--'' and inserting ``paragraphs (2) and (5) of subsection (a) for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is a transaction or position that--''; and (B) in subparagraph (A)(ii), by striking ``of risks'' and inserting ``or management of current or anticipated risks''; and (3) by adding at the end the following: ``(3) Commission definition.--The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction or position so long as the rule or regulation is consistent with the requirements of subparagraphs (A) and (B) of paragraph (2).''. SEC. 6. REPORTING AND RECORDKEEPING. Section 4g(f) of the Commodity Exchange Act (7 U.S.C. 6g(f)) is amended-- (1) by striking ``(f) Nothing contained in this section'' and inserting the following: ``(f) Authority of Commission To Make Separate Determinations Unimpaired.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section''; and (2) by adding at the end the following: ``(2) Exception.--If the Commission imposes any requirement under this section on any person that is not registered, or required to be registered, with the Commission in any capacity, that person shall satisfy the requirements of any rule, order, or regulation under this section by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. ``(3) Sufficiency.--A written record described in paragraph (2) shall be sufficient if the written record-- ``(A) memorializes the final agreement between the parties, including the material economic terms of the transaction; and ``(B) is identifiable and searchable by transaction.''. SEC. 7. MARGIN REQUIREMENTS. (a) Commodity Exchange Act Amendment.--Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end the following: ``(4) Applicability with respect to counterparties.--The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or 2(h)(7)(D), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in that exemption.''. (b) Securities Exchange Act Amendment.--Section 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)) is amended by adding at the end the following: ``(4) Applicability with respect to counterparties.--The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4).''. (c) Implementation.--The amendments made by this section to the Commodity Exchange Act (7 U.S.C. 1 et seq.) shall be implemented-- (1) without regard to-- (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment is sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of the amendments. SEC. 8. ANALYSIS BY THE COMMODITY FUTURES TRADING COMMISSION OF THE COSTS AND BENEFITS OF REGULATIONS AND ORDERS. Section 15(a) of the Commodity Exchange Act (7 U.S.C. 19(a)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, acting through the Office of the Chief Economist, shall-- ``(A) state a justification for the regulation or order; ``(B) state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; ``(C) assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; ``(D) measure, and seek to improve, the actual results of regulatory requirements; and ``(E) propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify the costs of the intended regulation or order (recognizing that some benefits and costs are difficult to quantify). ``(2) Considerations.--In making a reasoned determination of costs and benefits under paragraph (1), the Commission shall consider-- ``(A) the protection of market participants and the public; ``(B) the efficiency, competitiveness, and financial integrity of futures and swaps markets; ``(C) the impact on market liquidity in the futures and swaps markets; ``(D) price discovery; ``(E) sound risk management practices; ``(F) the cost of available alternatives to direct regulation; ``(G) the degree and nature of the risks posed by various activities within the scope of the jurisdiction of the Commission; ``(H) whether, consistent with obtaining regulatory objectives, the regulation or order is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations and orders; ``(I) whether the regulation or order is inconsistent, incompatible, or duplicative of other Federal regulations and orders; and ``(J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic, environmental, and other benefits, distributive impacts, and equity).''.
End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines "illiquid" as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to: state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Oil Displacement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the strategic interests of the United States would be served by a reduction in the Nation's dependence upon imported oil to produce transportation fuels and other products vital to both the domestic economy and national security; (2) this goal would be served by the development of a viable, commercially competitive synthetic fuels industry reliant upon domestic coals and other plentiful, nontraditional carbonaceous feedstocks; and (3) temporary financial incentives are required to foster private investment in the technology, design, construction, and operation of strategic facilities capable of producing synthetic fuels on a commercial scale. SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT. (a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following new paragraph: ``(4) the carbonaceous fuels facility credit.'' (b) Amount of Carbonaceous Fuels Facility Credit.--Section 48 of such Code (relating to the energy credit and the reforestation credit) is amended by adding after subsection (b) the following new subsection: ``(c) Carbonaceous Fuels Facility Credit.-- ``(1) In general.--For purposes of section 46, the carbonaceous fuels facility credit for any taxable year is an amount equal to 28 percent of the qualified investment in a carbonaceous fuels conversion facility for such taxable year. ``(2) Carbonaceous fuels conversion facility.-- ``(A) In general.--For purposes of paragraph (1), the term `carbonaceous fuels conversion facility' means a facility of the taxpayer-- ``(i)(I) the original use of which commences with the taxpayer or the reconstruction of which is completed by the taxpayer (but only with respect to that portion of the basis which is properly attributable to such reconstruction), or ``(II) that is acquired through purchase (as defined by section 179(d)(2)), ``(ii) that is depreciable under section 167, ``(iii) that has a useful life of not less than 4 years, and ``(iv) that is used to produce a qualified fuel. ``(B) Special rule for sale-leasebacks.--For purposes of clause (i) of subparagraph (A), in the case of a facility that-- ``(i) is originally placed in service by a person, and ``(ii) is sold and leased back by such person, or is leased to such person, within 3 months after the date such facility was originally placed in service, for a period of not less than 12 years, such facility shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback (or lease) referred to in clause (ii). The preceding sentence shall not apply to any property if the lessee and lessor of such property make an election under this sentence. Such an election, once made, may be revoked only with the consent of the Secretary. ``(C) Qualified fuel.--For purposes of clause (iv) of subparagraph (A), the term `qualified fuel'-- ``(i) has the meaning given such term by section 29(c), except that ``(ii) in respect of subparagraph (C) of paragraph (1) of section 29(c), the term `coal' shall, in addition to lignite, be deemed to include standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility that contains fixed carbon. ``(3) Qualified investment.--For purposes of paragraph (1), the term `qualified investment' means, with respect to any taxable year, the basis of a carbonaceous fuels conversion facility placed in service by the taxpayer during such taxable year. ``(4) Qualified progress expenditures.-- ``(A) Increase in qualified investment.--In the case of a taxpayer who has made an election under subparagraph (E), the amount of the qualified investment of such taxpayer for the taxable year (determined under paragraph (3) without regard to this subsection) shall be increased by an amount equal to the aggregate of each qualified progress expenditure for the taxable year with respect to progress expenditure property. ``(B) Progress expenditure property defined.--For purposes of this paragraph, the term `progress expenditure property' means any property being constructed by or for the taxpayer and which-- ``(i) cannot reasonably be expected to be completed in less than 18 months, and ``(ii) it is reasonable to believe will qualify as a carbonaceous fuels conversion facility which is being constructed by or for the taxpayer when it is placed in service. ``(C) Qualified progress expenditures defined.--For purposes of this paragraph-- ``(i) Self-constructed property.--In the case of any self-constructed property, the term `qualified progress expenditures' means the amount which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such property. ``(ii) Non-self-constructed property.--In the case of non-self-constructed property, the term `qualified progress expenditures' means the amount paid during the taxable year to another person for the construction of such property. ``(D) Other definitions.--For purposes of this subsection-- ``(i) Self-constructed property.--The term `self-constructed property' means property for which it is reasonable to believe that more than half of the construction expenditures will be made directly by the taxpayer. ``(ii) Non-self-constructed property.--The term `non-self-constructed property' means property which is not self-constructed property. ``(iii) Construction, etc.--The term `construction' includes reconstruction and erection, and the term `constructed' includes reconstructed and erected. ``(iv) Only construction of carbonaceous fuels conversion facility to be taken into account.--Construction shall be taken into account only if, for purposes of this subpart, expenditures therefor are properly chargeable to capital account with respect to the property. ``(E) Election.--An election under this paragraph may be made at such time and in such manner as the Secretary may by regulations prescribe. Such an election shall apply to the taxable year for which made and to all subsequent taxable years. Such an election, once made, may not be revoked except with the consent of the Secretary. ``(5) Coordination with other credits.--This subsection shall not apply to any property with respect to which the energy credit or the rehabilitation credit is allowed unless the taxpayer elects to waive the application of such credits to such property.'' (c) Recapture.--Subsection (a) of section 50 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rules relating to carbonaceous fuels conversion facility.--For purposes of applying this subsection in the case of any credit allowable by reason of section 48(c), the following shall apply: ``(A) General rule.--In lieu of the amount of the increase in tax under paragraph (1), the increase in tax shall be an amount equal to the investment tax credit allowed under section 38 for all prior taxable years with respect to a carbonaceous fuels conversion facility (as defined by section 48(c)) multiplied by a fraction whose numerator is the number of years remaining to fully depreciate under this title the carbonaceous fuels conversion facility disposed of, and whose denominator is the total number of years over which such facility would otherwise have been subject to depreciation. For purposes of the preceding sentence, the year of disposition of the carbonaceous fuels conversion facility property shall be treated as a year of remaining depreciation. ``(B) Property ceases to qualify for progress expenditures.--Rules similar to the rules of paragraph (2) shall apply in the case of qualified progress expenditures for a carbonaceous fuels conversion facility under section 48(c), except that the amount of the increase in tax under subparagraph (A) of this paragraph shall be substituted in lieu of the amount described in such paragraph (2). ``(C) This paragraph shall be applied separately with respect to the credit allowed under section 38 regarding a carbonaceous fuels conversion facility.'' (d) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the portion of the basis of any carbonaceous fuels conversion facility attributable to any qualified investment (as defined by section 48(c)(3)).'' (2) Paragraph (4) of section 50(a) of such Code is amended by striking ``and (2)'' and inserting ``, (2), and (6)''. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Sale or Assignment of Unused Credit Amount.--Section 50 of such Code is amended by adding at the end the following new subsection: ``(e) Sale or Assignment of Unused Carbonaceous Fuels Facility Credit Amount.-- ``(1) General rule.--Any unused portion of a carbonaceous fuels facility credit may be sold or assigned in accordance with regulations prescribed by the Secretary. ``(2) Treatment of seller.-- ``(A) Liability.--The sale or assignment of any portion of a credit under paragraph (1) shall not relieve the seller or assignor of any penalty or interest charged under this title with respect to such portion. ``(B) Basis.--The basis of a carbonaceous fuels facility shall not be adjusted by reason of the sale or assignment of a credit under paragraph (1). ``(3) Treatment of acquirer.-- ``(A) Credit claimed.--The credit (or portion thereof) acquired under paragraph (1) may be claimed only by the person acquiring such credit in the taxable year of such person in which such sale or assignment occurred and only if such person notifies the Secretary of the derivative source of such credit. ``(B) Liability.--Such person shall not be subject to any penalty or interest in respect of such credit for which the seller or assignor remains subject under paragraph (2)(A). ``(C) Ordering rule.-- ``(i) In general.--Such credit shall be treated as a credit under this part allowable to such person and shall be used after the order of all other credits specified by section 38(d). ``(ii) Limitation on carryforwards.--No amount of a credit acquired under paragraph (1) may be treated as a business carryforward in any taxable year beginning after December 31, 2012. ``(4) Regulations.--Not later than 1 year after the date of the enactment of the Foreign Oil Displacement Act, the Secretary shall prescribe regulations to carry out this subsection.'' (f) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act 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. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS. (a) Gasoline.--Subsection (a) of section 4083 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Qualified carbonaceous fuel.-- ``(A) Exemption.--For taxable years beginning after 90 days after the date of the enactment of this paragraph and ending before December 31, 2012, the terms `taxable fuel', `gasoline', and `diesel fuel' do not include qualified carbonaceous fuel or that portion of a blend that is qualified carbonaceous fuel. ``(B) Qualified carbonaceous fuel defined.--For purposes of subparagraph (A), the term `qualified carbonaceous fuel' means qualified fuel produced by a carbonaceous fuels conversion facility. ``(C) Other definitions.--For purposes of subparagraph (B), the terms `qualified fuel' and `carbonaceous fuels conversion facility' have the meaning given such terms by section 48(c)(2).'' (b) Aviation Fuel.--Subsection (a) of section 4093 of such Code is amended by adding at the end the following new sentence: ``Such term does not include qualified carbonaceous fuel (as defined by section 4083(a)(4)).'' (c) Retail Uses.--Section 4041 of such Code is amended by adding at the end the following new subsection: ``(n) Certain Carbonaceous Fuel.-- ``(1) Exemption.--For taxable years beginning after 90 days after the date of the enactment of this subsection and ending before December 31, 2012, no tax shall be imposed under this section on qualified carbonaceous fuel or that portion of a blend that is qualified carbonaceous fuel. ``(2) Qualified carbonaceous fuel defined.--For purposes of paragraph (1), the term `qualified carbonaceous fuel' has the meaning given such term by section 4083(a)(4).'' (d) Effective Date.--The amendments made by this section shall apply to fuels produced after the date of the enactment of this Act.
Foreign Oil Displacement Act - Amends the Internal Revenue Code to allow an investment credit for carbonaceous fuels conversion facilities, defined as facilities for producing: (1) oil from shale and tar sands; (2) gas from geopressured brine, Devonian shale, coal seams, or a tight formation, or from biomass; and (3) liquid, gaseous, or solid synthetic fuels from coal (including lignite, standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility containing fixed carbon and including such fuels when used as feedstocks). Provides for recapture.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alzheimer's Disease Research, Prevention, and Care Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alzheimer's disease is a disorder that destroys cells in the brain. The disease is the leading cause of dementia, a condition that involves gradual memory loss, decline in the ability to perform routine tasks, disorientation, difficulty in learning, loss of language skills, impairment of judgment, and personality changes. As the disease progresses, people with Alzheimer's disease become unable to care for themselves. The loss of brain cells eventually leads to the failure of other systems in the body. (2) In the United States, 4,000,000 people have Alzheimer's disease and 19,000,000 people say that they have a family member with the disease. By 2050, 14,000,000 people in the United States will have Alzheimer's disease unless science finds a way to prevent or cure the disease. (3) One in 10 people over the age of 65, and nearly half of those over the age of 85 have Alzheimer's disease. Younger people also get the disease. (4) The Alzheimer's disease process may begin in the brain as many as 20 years before the symptoms of Alzheimer's disease appear. A person will live an average of 8 years and as many as 20 once the symptoms of Alzheimer's disease appear. (5) The average lifetime cost of Alzheimer's disease, per person, is $174,000. The total annual cost of Alzheimer's disease care in the United States today is not less than $100,000,000,000. (6) In 2000, medicare alone spent $31,900,000,000 for the care of individuals with Alzheimer's disease and this amount is projected to increase to $49,300,000,000 in 2010. (7) Forty-nine percent of medicare beneficiaries who have Alzheimer's disease also receive medicaid. Of the total population dually eligible for medicare and medicaid, 22 percent have Alzheimer's disease. (8) Seven in 10 people with Alzheimer's disease live at home. While almost 75 percent of home care is provided by family and friends, the average annual cost of paid care for people with Alzheimer's disease at home is $12,500. (9) At least half of all nursing home residents have Alzheimer's disease or another dementia. The average annual cost of Alzheimer's disease nursing home care is $42,000 but exceeds $70,000 in some areas. Medicaid pays nearly half of the total nursing home bill and helps 2 out of 3 residents pay for their care. Medicaid expenditures for nursing home care for people with Alzheimer's disease are estimated to increase from $18,200,000,000 in 2000 to $33,000,000,000 in 2010. (10) In fiscal year 2002, the Federal Government will spend an estimated $585,000,000 on Alzheimer's disease research, a modest investment when compared with the annual $100,000,000,000 cost of the disease. If science can find a way to delay the onset of Alzheimer's disease symptoms for even 5 years, our Nation will save at least $50,000,000,000 in annual health and long term care costs. (11) Seventy percent of people with Alzheimer's disease live at home where families provide at least 75 percent of their care. (12) A study commissioned by the United Hospital Fund estimated that the annual value of this informal care system is $196,000,000,000. Family caregiving comes at enormous physical, emotional, and financial sacrifice, putting the whole system at risk. (13) One in 8 Alzheimer's disease caregivers becomes ill or injured as a direct result of caregiving. One in 3 uses medication for problems related to caregiving. Older caregivers are 3 times more likely to become clinically depressed than others in their age group. (14) Elderly spouses strained by caregiving are 63 percent more likely to die during a given 4-year period than other spouses their age. (15) Three of 4 caregivers are women. One in 3 has children or grandchildren under the age of 18 living at home. Caregiving leaves them less time for other family members and they are much more likely to report family conflicts because of their caregiving role. (16) Most Alzheimer's disease caregivers work outside the home before beginning their caregiving careers, but caregiving forces them to miss work, cut back to part-time, take less demanding jobs, choose early retirement, or give up work altogether. As a result, in 2002, Alzheimer's disease will cost American business an estimated $36,500,000,000 in lost productivity, as well as an additional $24,600,000,000 in business contributions to the total cost of care. SEC. 3. PURPOSE OF THE NATIONAL INSTITUTE ON AGING. Section 443 of the Public Health Service Act (42 U.S.C. 285e) is amended by inserting ``, Alzheimer's disease and related disorders,'' after ``aging process''. SEC. 4. ALZHEIMER'S DISEASE PREVENTION INITIATIVE. Section 444 of the Public Health Service Act (42 U.S.C. 285e-1) is amended-- (1) in subsection (d), by inserting ``and training'' after ``conduct research''; and (2) by adding at the end the following: ``(e) The Director of the Institute shall, in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, and with volunteer organizations and other stakeholders, undertake an Alzheimer's Disease Prevention Initiative to-- ``(1) accelerate the discovery of new risk and protective factors for Alzheimer's disease; ``(2) rapidly identify candidate diagnostics, therapies, or preventive interventions or agents for clinical investigation and trials relating to Alzheimer's disease; ``(3) support or undertake such investigations and trials; and ``(4) implement effective prevention and treatment strategies, including strategies to improve patient care and alleviate caregiver burdens relating to Alzheimer's disease.''. SEC. 5. ALZHEIMER'S DISEASE CLINICAL RESEARCH. (a) Clinical Research.--Section 445F of the Public Health Service Act (42 U.S.C. 285e-8) is amended to read as follows: ``SEC. 445F. ALZHEIMER'S DISEASE COOPERATIVE STUDY GROUP. ``(a) In General.--The Director of the Institute, pursuant to subsections (d) and (e) of section 444, shall establish and support a national consortium for cooperative clinical research regarding Alzheimer's disease. Such a consortium shall-- ``(1) investigate therapies, interventions, and agents to detect, treat, slow the progression of, or prevent Alzheimer's disease; ``(2) enhance the national infrastructure for the conduct of clinical trials; ``(3) develop and test novel approaches to the design and analysis of such trials; ``(4) facilitate the enrollment of, and expand the range of, patients for such trials, including patients from diverse populations; ``(5) develop improved diagnostics and means of patient assessment for Alzheimer's disease; and ``(6) include, as determined appropriate by the Director of the Institute, the Alzheimer's Disease Centers and Alzheimer's Disease Research Centers established under section 445. ``(b) Early Diagnosis and Detection Research.-- ``(1) In general.--The Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall conduct, or make grants for the conduct of, research related to the early detection and diagnosis of Alzheimer's disease and of mild cognitive impairment or other potential precursors to Alzheimer's disease. ``(2) Evaluation.--The research described in paragraph (1) may include the evaluation of diagnostic tests and imaging techniques. ``(c) Vascular Disease.--The Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health, shall, conduct or make grants for the conduct of, research related to the relationship of vascular disease and Alzheimer's disease, including clinical trials to determine whether drugs developed to prevent cerebrovascular disease can prevent the onset or progression of Alzheimer's disease. ``(d) National Alzheimer's Coordinating Center.--The Director of the Institute may establish a National Alzheimer's Coordinating Center to facilitate collaborative research among the Alzheimer's Disease Centers and Alzheimer's Disease Research Centers established under section 445.''. (b) Alzheimer's Disease Centers.--Section 445(a)(1) of the Public Health Service Act (42 U.S.C. 285e-2(a)(1)) is amended by inserting ``, and outcome measures and disease management'' after ``treatment methods''. SEC. 6. RESEARCH ON ALZHEIMER'S DISEASE CAREGIVING. Section 445C of the Public Health Service Act (42 U.S.C. 285e-5) is amended-- (1) by striking ``Sec. 445C. (a)'' and inserting the following: ``SEC. 445C. RESEARCH ON ALZHEIMER'S DISEASE SERVICES AND CAREGIVING. ``(a) Services Research.--''; (2) by striking subsections (b), (c), and (e); (3) by inserting after subsection (a) the following: ``(b) Interventions Research.--The Director shall, in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, conduct, or make grants for the conduct of, clinical, social, and behavioral research related to interventions designed to help caregivers of patients with Alzheimer's disease and related disorders.''; and (4) in subsection (d) by striking ``(d) the Director'' and inserting ``(c) Model Curricula and Techniques.--The Director''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 445J of the Public Health Service Act (42 U.S.C. 285e-11) is amended by striking ``$500,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.'' and inserting ``$1,500,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007.''. (b) Aging Process Regarding Women.--Section 445H(b) of the Public Health Service Act (42 U.S.C. 285e-10(b)) is amended by striking ``2003'' and inserting ``2007''. (c) Clinical Research and Training Awards.--Section 445I(d) of the Public Health Service Act (42 U.S.C. 285e-10a(d)) is amended by striking ``2005'' and inserting ``2007''. SEC. 8. ALZHEIMER'S DISEASE DEMONSTRATION GRANTS. Section 398B(e) of the Public Health Service Act (42 U.S.C. 280c- 5(e)) is amended-- (1) by striking ``and such'' and inserting ``such''; and (2) by inserting before the period ``, $25,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007''.
Alzheimer's Disease Research, Prevention, and Care Act of 2002 - Amends the Public Health Service Act to expand the purposes of the National Institute on Aging to include conducting programs regarding Alzheimer's disease and related disorders.Requires the Director of the Institute to: (1) undertake an Alzheimer's Disease Prevention Initiative, including accelerating the discovery of new risk and protective factors, rapidly identifying therapies and preventive interventions, and implementing effective prevention and treatment strategies; (2) establish and support a national consortium for cooperative clinical research regarding Alzheimer's; and (3) conduct, or make grants to conduct, research concerning early detection and diagnosis, the relationship between Alzheimer's and vascular disease, and interventions designed to help caregivers.Authorizes the Director to establish a National Alzheimer's Coordinating Center to facilitate collaboration among Alzheimer's Disease Centers and Alzheimer's Disease Research Centers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Education Capital Investment Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the high technology industry is one of the fastest growing areas in the United States economy; (2) the United States is a world leader in the high technology industries, and especially in the information technology industry; (3) the continued growth and prosperity of the high technology industry is important to the continued prosperity of the United States economy; (4) an adequate supply of highly-skilled technology workers is essential for the success of advanced technologies and business entities that use information technology; (5) as of the date of enactment of this Act, there is a shortage of information technology workers and workers in other high technology industries; and (6) in the absence of a concerted effort by business entities, the Federal Government, the governments of States and political subdivisions thereof, and educational institutions, the shortage of information technology workers will continue to be a problem. SEC. 3. NATIONAL SCIENCE FOUNDATION EDUCATION PROGRAMS. (a) Informal Science Programs.--(1) There are authorized to be appropriated to the Director of the National Science Foundation to conduct informal science and math education programs $50,000,000 for each of fiscal years 1999 and 2000. (2)(A) The National Science Foundation shall expand the informal science and math education programs conducted by the Foundation that promote the understanding of science and technology through voluntary, self-directed, and life-long learning opportunities by fostering community-based and institutional math and science education programs. In expanding such programs, the Director may give priority to providing for organizations, projects, or programs that provide inquiry-based and hands-on scientific learning opportunities for students at pre- kindergarten through secondary education levels. (B) Of the amount appropriated in paragraph (1), there are authorized to be appropriated to the Director of the National Science Foundation to carry out subparagraph (A) $14,000,000 for each of fiscal years 1999 and 2000. (b) Expansion of National Advanced Scientific and Technical Education Program.--There are authorized to be appropriated to the Director of the National Science Foundation to carry out the national advanced scientific and technical education program under section 3(a) of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(a))-- (1) $50,000,000 for fiscal year 1999; and (2) $60,000,000 for fiscal year 2000. SEC. 4. TECHNOLOGY EDUCATION STATE STIMULUS SCHOLARSHIP PROGRAM. (a) In General.--The Secretary of Education may make grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, math, engineering, or a related field. Such scholarships may be awarded by a State entity such as the State higher education system, the State scholarship commission, or an equivalent State entity. (b) Eligibility.--(1) A scholarship awarded under subsection (a) may be applied to any technology-related degree program offered at an accredited institution of higher learning, including a college, university, community college, or vocational-training institution. (2) A scholarship awarded under subsection (a) may not, when combined with other sources of financial assistance, exceed the cost of tuition and related expenses of the qualified degree program of the recipient. (c) Matching Requirement.--The Secretary of Education may not make a grant to a State under subsection (a) unless such State provides not less than one-half of the cost of the program for which the grant is provided from State funds. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education a total of $50,000,000 for grants under this subsection. SEC. 5. HANDS-ON STUDENT TRAINING (H.O.S.T.) PARTNERSHIP GRANTS. (a) In General.--The Secretary of Commerce may make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. (b) Priorities.--Special emphasis shall be given under this section to those programs that-- (1) demonstrate a long-term financial commitment from industry participants for initiation and long-term operation of the program; (2) involve extensive input and participation by all industry participants; (3) adequately financially compensate student participants; and (4) encourage technology education. (c) Restrictions.--(1) Not more than one grant may be awarded to an entity under subsection (a). (2) Awards under subsection (a) may be applied to expenses related to the creation of the programs described in that subsection, including the recruitment of businesses or organizations to participate in such programs. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce a total of $2,000,000 for grants under this subsection. SEC. 6. PERMANENT EXTENSION OF EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE; RESTORATION OF EXCLUSION FOR GRADUATE LEVEL ASSISTANCE. (a) Exclusion Made Permanent.-- (1) In general.--Section 127 of the Internal Revenue Code of 1986 (relating to educational assistance programs) is amended by striking subsection (d). (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after May 31, 1998. (b) Restoration of Exclusion for Graduate Level Assistance.-- (1) In general.--The last sentence of section 127(c)(1) of such Code is amended by striking all that follows ``hobbies'' and inserting a period. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to expenses relating to courses beginning after the date of the enactment of this Act. SEC. 7. TECHNOLOGY WORKFORCE COMMISSION. (a) Definitions.--In this Act: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Commission.--The term ``Commission'' means the Technology Workforce Commission established under subsection (b). (3) Information technology.--The term ``information technology'' has the meaning given that term in section 5002 of the Information Technology Management Reform Act of 1996 (110 Stat. 679). (4) State.--The term ``State'' means each of the several States of the United States, the territories of the United States, and the District of Columbia. (b) Establishment of Technology Workforce Commission.-- (1) In general.--There is established a commission to be known as the Technology Workforce Commission. (2) Membership.-- (A) Composition.--(i) The Commission shall be composed of 21 members to be appointed as follows: (I) Seven members shall be appointed by the President, and shall be individuals who are officers or employees of the Federal Government. (II) Four members shall be appointed by the Speaker of the House of Representatives, of whom one shall be a Member of Congress. (III) Three members shall be appointed by the minority leader of the House, of whom one shall be a Member of Congress. (IV) Four members shall be appointed by the majority leader of the Senate, of whom one shall be a Member of Congress. (V) Three members shall be appointed by the minority leader of the Senate, of whom one shall be a Member of Congress. (ii) Of the members appointed under clauses (i)(II) through (i)(V)-- (I) Seven shall be individuals employed in high technology business entities; and (II) Three shall be representatives of State governments. (B) Date.--The appointments of the members of the Commission shall be made by the date that is 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Commission shall select a chairperson and vice chairperson from among its members. (c) Duties of Commission.-- (1) Study.-- (A) In general.--The Commission shall conduct a thorough study of all matters relating to the shortage of technology workers in the United States. (B) Matters studied.--The matters studied by the Commission shall include an examination of-- (i) the causes of the shortage of technology workers in the United States; (ii) possible solutions to address the shortage referred to in clause (i); and (iii) the relative efficacy of programs in the United States and foreign countries to provide for an increase in the number of technology workers, with special emphasis on programs that provide for secondary education or postsecondary education in a program other than a 4-year baccalaureate program (including associate degree programs and graduate degree programs). (C) Public hearings.--As part of the study conducted under this subsection, the Commission shall hold public hearings concerning the issues referred to in clauses (i) and (ii) of subparagraph (B). (D) Existing information.--To the extent practicable, in carrying out the study under this subsection, the Commission shall identify and use existing information related to the issues referred to in clauses (i) and (ii) of subparagraph (B). (E) Consultation with chief information officers council.--In carrying out the study under this subsection, the Commission shall consult with the Chief Information Officers Council established under Executive Order No. 13011. (2) Report.--Not later than one year after the initial meeting of the Commission, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (3) Facilitation of exchange of information.--In carrying out the study under this subsection, the Commission shall, to the extent practicable, facilitate the exchange of information concerning the issues that are the subject of the study among-- (A) officials of the Federal Government and the governments of States and political subdivisions thereof; and (B) educators from Federal, State, and local institutions of higher education and secondary schools. (d) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Commission Personnel Matters.-- (1) Compensation of members.--Except as provided in paragraph (2), each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Termination of Commission.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under this subsection. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $750,000 for fiscal year 1999 to the Commission to carry out the purposes of this Act. (2) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
Technology Education Capital Investment Act of 1997 - Authorizes appropriations to the Director of the National Science Foundation (NSF) to conduct informal science and mathematics education programs. Requires the NSF to expand such programs. Sets forth priorities for such programs serving students at pre-kindergarten through secondary education levels. (Sec. 3) Authorizes appropriations to the NSF Director to carry out the national advanced scientific and technical education program under the Scientific and Advanced-Technology Act of 1992. (Sec. 4) Establishes a technology education State stimulus scholarship program. Authorizes the Secretary of Education to make matching grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, mathematics, engineering, or a related field. Allows such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Sets forth eligibility requirements. Authorizes appropriations. (Sec. 5) Establishes a hands-on student training partnership grants program. Authorizes the Secretary of Commerce to make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. Sets forth program priorities and restrictions. Authorizes appropriations. (Sec. 6) Amends the Internal Revenue Code provisions relating to educational assistance programs to provide for: (1) permanent extension of the tax exclusion for employer-provided educational assistance; and (2) restoration of the tax exclusion for graduate level assistance. (Sec. 7) Establishes the Technology Workforce Commission to study and report to the President and the Congress on all matters relating to the shortage of technology workers in the United States. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Learn to Earn Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) One of America's strengths has always been that it is a great place to start and grow a business. (2) According to the 2010 Small Business Economy: A Report to the President, ``small businesses--those with fewer than 500 employees--are generally the creators of most net new jobs, as well as the employers of about half of the nation's private sector work force, and the providers of a significant share of innovations, as well as half of the nonfarm, private real gross domestic product.''. (3) The April 2009 World Economic Forum Report entitled ``Educating the Next Wave of Entrepreneurs'' recommends that countries transform their educational systems to integrate entrepreneurship education at all levels and across curricula in recognition that ``entrepreneurship education is essential for developing the human capital necessary for the society of the future.''. (4) ``Educating the Next Wave of Entrepreneurs'' argues that the skills and knowledge learned through entrepreneurship education--such as problem solving, economic principles, and negotiation--are critical to success in the 21st century global economy, in which competition is fierce and markets and jobs evolve at a rapid pace. (5) Entrepreneurship education models incorporate lessons in financial literacy, economics, and other business topics such as marketing and accounting which can lead to increased proficiency in mathematics and English Language Arts. (6) When young people learn to see opportunity amid obstacles, to set and achieve high personal goals, and to apply knowledge and skills to real-world scenarios--in short, to think and act like entrepreneurs--they are armed with tools that will increase their success in college and beyond. SEC. 3. DEFINITIONS. In this Act: (a) ESEA Terms.--The terms ``local educational agency'', ``highly qualified'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Entrepreneurship Partner Entity.--The term ``entrepreneurship partner entity'' means an entity such as a local business, a local community organization, a local municipality, a local Small Business Administration office, a local Chamber of Commerce, or another State, local, or tribal government entity that specializes in entrepreneurship, small business development, or workforce development that has entered into an agreement with a local educational agency designated an entrepreneurship community under section 4(a), as determined by the Secretary of Education. (c) High-Quality Entrepreneurship Education Program.--The term ``high-quality entrepreneurship education program'' means a program that teaches entrepreneurial skills and includes the following: (1) High standards in mathematics and related content areas such as economics. (2) Curriculum delivered by high-quality teachers who complete entrepreneurship-specific training and receive ongoing professional development among a community of peers. (3) Hands-on activities and project-based work, such as negotiation simulations and student business plans, designed to bring abstract concepts to life and stimulate a wide variety of local educational agency learning preferences. (4) A financial literacy component to provide students with the skills and knowledge needed to make informed personal finance decisions. (5) Interactions with entrepreneurs and small business owners who inspire students and challenge them to set high personal goals. (6) Partnerships between educators and business community members who volunteer as guest speakers, guest teachers, field trip hosts, mentors, business plan competition judges, or in other roles. SEC. 4. DESIGNATION OF ENTREPRENEURSHIP COMMUNITIES. (a) Designation.--Not later than 90 days after receiving an application from a local education agency, the Secretary of Education shall designate such local educational agency as an entrepreneurship community if the Secretary determines that the local educational agency satisfies the requirements described in subsection (b). (b) Determination.--A local educational agency satisfies the requirements of this subsection if the local educational agency is carrying out a high-quality entrepreneurship education program for secondary school students. (c) Application.--The Secretary shall establish an application process for the purpose of designating local educational agencies as entrepreneurship communities under subsection (a). Such application shall include a description of the proposed high-quality entrepreneurship education program and any proposed entrepreneurship partner entities. SEC. 5. PREFERENCES FOR ENTREPRENEURSHIP COMMUNITIES. In awarding competitive grants to local educational agencies under title XIV of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) the Secretary of Education shall, to the extent practicable, give priority consideration to each local educational agency that is designated an entrepreneurship community under section 4(a). SEC. 6. PREFERENCES FOR ENTREPRENEURSHIP PARTNER ENTITIES. In making competitive grants, loans, or loan guarantees related to small business development, workforce development, community development, or economic development the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Energy shall give priority consideration, to the extent practicable, to a entrepreneurship partner entity.
Learn to Earn Act of 2011 - Directs the Secretary of Education to designate a local educational agency (LEA) as an entrepreneurship community if it is carrying out a high-quality entrepreneurship education program for secondary school students. Requires those programs to include: (1) high standards in mathematics and related content areas, such as economics; (2) curricula delivered by high-quality teachers who complete entrepreneurship training and receive ongoing professional development; (3) hands-on activities and project-based work; (4) financial literacy education; and (5) interaction between students, teachers, and members of the business community. Directs the Secretary, to the extent practicable, to give priority to entrepreneurship communities when awarding competitive grants to LEAs under the American Recovery and Reinvestment Act of 2009 and the Elementary and Secondary Education Act of 1965. Directs the Administrator of the Small Business Administration (SBA) and the Secretary of Agriculture (USDA), the Secretary of Commerce, and the Secretary of Energy (DOE) to give priority, to the extent practicable, to an entrepreneurship partner entity when awarding competitive grants, loans, or loan guarantees related to small business, workforce, community, or economic development. Defines an "entrepreneurship partner entity" as a local business, community organization, SBA office, chamber of commerce, or state, local, or tribal entity that enters into an agreement with an entrepreneurship community and specializes in entrepreneurship, small business development, or workforce development.
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SECTION 1. DEFINITION. In this Act, the term ``agency''-- (1) means an executive agency as defined under section 105 of title 5, United States Code; and (2) does not include the Department of Defense. SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES. (a) Determination of Number of Employees.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget in making the determinations. (b) Reductions.-- (1) In general.--Notwithstanding any other provision of law, the head of each agency shall take such actions as necessary, including a reduction in force under sections 3502 and 3595 of title 5, United States Code, to reduce the number of full-time employees employed in that agency as determined under subsection (a) by 20 percent. (2) Time period for reductions.-- (A) In general.--Except as provided under subparagraph (B), the head of each agency shall complete the reductions under paragraph (1) not later than 1 year after the date of enactment of this Act. (B) Extensions.-- (i) First extension.--The head of an agency may extend the 1-year period described under subparagraph (A) by a 180-day period, if the head of that agency submits a report to Congress that includes an explanation of the reasons the extension is necessary to complete the reductions. (ii) Second extension.--The head of an agency may extend the 1-year period described under subparagraph (A) which was extended under clause (i) of this subparagraph by an additional 180-day period, if the head of that agency submits a report to Congress that includes-- (I) an explanation of the reasons the extension is necessary to complete the reductions; (II) a plan detailing the completion of the reductions; and (III) any recommendation for legislation to provide for the completion of the reductions. (c) Elimination of Duplication and Restructuring.--In making reductions under subsection (b), the head of each agency shall-- (1) minimize the duplication of functions by employees within the agency; and (2) restructure employee responsibilities to carry out all essential tasks of the agency. (d) Reports.--Not later than 30 days after the end of each fiscal year in which reductions are made under this section, the head of each agency shall submit a report to Congress on-- (1) the actions taken by that agency to carry out this section; (2) the restructuring of employees within the agency; and (3) the savings resulting to the Federal Government by the reductions in salaries and expenses from the reductions in employees and restructuring under this section, including unexpended appropriations returned to the United States Treasury. SEC. 3. FREEZE IN COMPENSATION FOR FEDERAL EMPLOYEES AT NON-DEFENSE AGENCIES. (a) Pay.--Notwithstanding any other provision of law, during fiscal years 2011, 2012, and 2013 no adjustment shall be made with respect to any employee of an agency-- (1) in the rates of basic pay under section 5303 of title 5, United States Code, or (2) in comparability payments under section 5304 or 5304a of title 5, United States Code. (b) Bonuses.--Notwithstanding any other provision of law, during each of fiscal years 2011, 2012, and 2013 the total amount of bonuses and cash awards (including any performance-based cash awards under section 4505a of title 5, United States Code, or any similar provision of law) paid by an agency may not exceed the total amount of such bonuses and awards paid during fiscal year 2010. SEC. 4. REDUCTION IN APPROPRIATIONS TO THE WHITE HOUSE AND CONGRESS. (a) Appropriations to the White House.--Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account under the heading ``The White House'' under the heading ``EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT'' for fiscal year 2011 may not exceed 85 percent of the total amount of funds appropriated to that account during fiscal year 2010. (b) Appropriations to Congress.--Notwithstanding any other provision of law, the total amount of funds appropriated under the headings ``SENATE'' and ``HOUSE OF REPRESENTATIVES'' for fiscal year 2011 may not exceed 85 percent of the total amount of funds appropriated under those headings during fiscal year 2010. SEC. 5. FEDERAL MOTOR VEHICLES. (a) Definition.--In this section, the term ``motor vehicle'' has the meaning given under section 157(a)(1) of title 23, United States Code. (b) Reduction.--Notwithstanding any other provision of law, the total amount of funds appropriated for the acquisition and maintenance of all motor vehicles owned or operated by all agencies for fiscal year 2011 may not exceed 80 percent of the total amount of funds appropriated for the acquisition and maintenance of all motor vehicles owned or operated by all agencies during fiscal year 2010.
Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees in each executive agency with the cooperation of each agency head. Excludes the Department of Defense (DOD) from the definition of "agency" for purpose of this Act. Requires each agency head to take such actions as necessary to reduce the number of full-time employees as determined by OMB by 20% within one year of this Act's enactment. Provides for two 180-day extensions if an agency submits a justification and a plan for completing the reductions. Requires each agency head, in making such reductions, to: (1) minimize the duplication of functions by employees within the agency; (2) restructure employee responsibilities to carry out all essential agency tasks; and (3) report to Congress on actions taken, the restructuring, and resulting savings to the government. Prohibits any adjustment in rates of basic pay or in comparability payments with respect to any employee during FY2011-FY2013. Limits bonuses and cash awards paid by an agency during each such fiscal year to the amount paid during FY2010. Limits the total amount of funds appropriated for FY2011: (1) to the White House and Congress to 85% of the total amount of funds appropriated to them during FY2010; and (2) for acquisition and maintenance of all motor vehicles owned or operated by all agencies to 80% of the total appropriated for that purpose during FY2010.
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SECTION 1. COMPENSATION FOR UNITED STATES CITIZENS TAKEN HOSTAGE BY TERRORISTS OR STATE SPONSORS OF TERRORISM. (a) In General.--In accordance with such procedures as the President may by regulation establish, the President shall receive the claims of, and pay compensation to, any national of the United States, or to the estate of any such national, who-- (1) has obtained a judgment on a claim filed prior to the date of enactment of this Act in a court of the United States against a foreign state seeking compensation for injuries caused by an act of hostage-taking, and such a claim has not been fully satisfied; (2) at any time on or after August 2, 1990, and while not serving on active duty in the Armed Forces of the United States, was taken as a hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110 (EGS) in the United States District Court for the District of Columbia or a plaintiff in Case Number 1:00CV00716 (HHK) in the United States District Court for the District of Columbia. (b) Limit on Amount of Award.--The amount that may be awarded to any person seeking compensation under this section shall not exceed $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index from the date on which the act of hostage-taking was initiated to the date on which such compensation is paid. (c) Type of Award.--Subject to the limit in subsection (b), any person seeking compensation under this section shall be awarded the following amounts, with respect to which the United States shall enjoy full subrogation rights in the event such person obtains any recovery in litigation or otherwise as a result of the hostage-taking on which the claim under this section is based: (1) In the case of any person who has been issued a final judgment for compensatory damages, the unsatisfied amount of such judgment. (2) In the case of any person who survived his or her captivity and who has not been issued a final judgment for compensatory damages, $10,000 per day for each day during which the person was held or, if the person died or was tortured during the course of his or her captivity, the maximum amount specified in subsection (b). (d) Prohibition on Civil Actions Against Foreign States.--A person who has accepted compensation under subsection (c)(2) may not commence or maintain in any court in the United States a civil action against a foreign state, or any agency or instrumentality of a foreign state, seeking compensation for injuries or damages associated with the act of hostage-taking on which the claim under this section is based. (e) Funding.--Not later than 60 days after the date of the enactment of this Act, the President shall establish in the Treasury of the United States a fund (in this section referred to as the ``Hostage Victims Fund'') for payment of claims to persons to whom compensation is due under this section. The President shall direct deposits into the Hostage Victims Fund in amounts sufficient to pay persons to whom compensation is due under subsection (c), in such proportions as the President may determine, from-- (1) the blocked assets of terrorist parties; (2) amounts received by the United States by reason of any legal action taken by the United States against any person relating to improper conduct in connection with the Oil for Food Program of the United Nations, including any fines, forfeitures, or disgorgements of amounts received through any activity related to such Program; or (3) amounts received as a result of any fine or forfeiture obtained from any person or entity in connection with a violation of-- (A) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)); (C) the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56; 115 Stat. 272); (D) chapter 53 of title 31, United States Code, chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act; (E) the Export Administration Act of 1979 (50 U.S.C. App. 2401-2410); or (F) any regulations promulgated under an Act listed in any of subparagraphs (A) through (E). (f) Additional Compensation for Victims of Iranian Hostage-Taking in Tehran.--In addition to any amounts that may be awarded under subsection (c), the President shall, from monies deposited for Iran in the Iran Foreign Military Sales Fund account within the Foreign Military Sales Fund (including any amounts accrued as interest thereon)-- (1) pay any person who qualifies for payment under subsection (a)(3) who was taken as a hostage by the Islamic Republic of Iran on November 4, 1979, or who was taken as a hostage in Lebanon by Hezbollah on December 4, 1984, and subsequently transferred to Iran, additional compensation of $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index, from the date on which the act of hostage-taking was initiated to the date on which the compensation under this paragraph is paid; and (2) pay any person who was, at the time of the hostage- taking described in paragraph (1), the spouse or child of the person taken hostage, 50 percent of the total amount of compensation paid to the person taken hostage. (g) Return of Amounts in Hostage Victims Fund to Certain Foreign States.--Upon exercising all authorities necessary to terminate the designation of a foreign state as a terrorist party and the status of the assets of such foreign state as blocked assets, the President may withdraw from the Hostage Victims Fund amounts not to exceed the value of the assets of that foreign state which have been deposited into such Fund and return such amounts to the control of such foreign state if, prior to such withdrawal, all claims received by the President prior to the exercise of such authorities have been adjudicated and paid in full or the President has determined that the remaining balance of the Fund after such withdrawal will be sufficient to make prompt payment on all such claims in the full amount provided for under the terms of this Act. (h) Definitions.--In this section: (1) Blocked asset.--The term ``blocked asset'' has the meaning given that term in section 201(d)(2) of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 28 U.S.C. 1610 note). (2) Hostage.--The term ``hostage'' has the meaning given that term in Article 1 of the International Convention Against the Taking of the Hostages, signed at New York on December 17, 1979 (TIAS 11081), and includes any hostage taken before that date. (3) Hostage-taking.--The term ``hostage-taking'' has the meaning given that term in Article 1 of the International Convention Against the Taking of the Hostages and includes any act that caused a person to be in ``hostage status'' within the meaning of section 599C(d)(1) of Public Law 101-513. (4) Terrorist party.--The term ``terrorist party'' has the meaning given that term in section 201(d)(4) of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 28 U.S.C. 1610 note) and includes any person, organization, or foreign state that was designated as such either at the time or as a result of the act of hostage-taking for which compensation is sought.
Authorizes the President to compensate a U.S. national, or his or her estate, who: (1) has a claim pending in U.S. court against a foreign state seeking compensation for injuries caused by an act of hostage-taking, or has obtained a judgment on such a claim that has not been fully satisfied; (2) on or after August 2, 1990, and while not serving on active duty in the U.S. Armed Forces, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110 (EGS) or a plaintiff in Case Number 1:00CV00716 (HHK) in the U.S. District Court for the District of Columbia. Limits an award to $500,000, adjusted to reflect the annual change in the Consumer Price Index. Bars a person who has accepted compensation under this Act from commencing or maintaining a U.S. civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities. Funds compensation under this Act from the Hostage Victims Fund (as provided by this Act) into which the President shall direct deposits from: (1) blocked assets of terrorist parties; (2) amounts received against any person in connection with the U.N. Oil for Food Program; or (3) amounts received as a result of any fine or forfeiture in connection with a violation of the International Emergency Economic Powers Act, the Trading With the Enemy Act, the USA PATRIOT Act of 2001, the Bank Secrecy Act, or the Export Administration Act. Provides additional compensation for victims of the 1979 Iranian hostage taking in Tehran, including spouses and children of persons taken captive. Authorizes the return of a country's funds deposited into the Hostage Victims Fund upon termination of the country's terrorist party designation.
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5, and on March 16, 1999, the House of Representatives adopted House Concurrent Resolution 24, both of which resolved that: ``any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition.''. (4) On July 25, 2000, Palestinian Chairman Arafat and Israeli Prime Minister Barak issued a joint statement agreeing that the ``two sides understand the importance of avoiding unilateral actions that prejudice the outcome of negotiations and that their differences will be resolved in good-faith negotiations''. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States to oppose the unilateral declaration of a Palestinian state, to withhold diplomatic recognition of any Palestinian state that is unilaterally declared, and to encourage other countries and international organizations to withhold diplomatic recognition of any Palestinian state that is unilaterally declared. SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN STATE IS UNILATERALLY DECLARED. (a) Measures.--Notwithstanding any other provision of law, beginning on the date that a Palestinian state is unilaterally declared and ending on the date such unilateral declaration is rescinded or on the date the President notifies the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that an agreement between Israel and the Palestinian Authority regarding the establishment of a Palestinian state has been concluded, the following measures shall be applied: (1) Downgrade in status of palestinian office in the united states.-- (A) Notwithstanding any other provision of law, it shall be unlawful for the government of any unilaterally declared Palestinian state, the Palestinian Authority, the Palestine Liberation Organization, any of its constituent groups, or any successors thereof, to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States. (B) Nothing in this paragraph shall be construed to preclude-- (i) the establishment or maintenance of a Palestinian information office in the United States, operating under the same terms and conditions as the Palestinian information office that existed prior to the Oslo Accords; or (ii) diplomatic contacts between Palestinian officials and United States counterparts. (2) Prohibition on united states assistance to a unilaterally declared palestinian state.--United States assistance may not be provided to the government of a unilaterally declared Palestinian state, the Palestinian Authority, or to any successor or related entity. (3) Prohibition on united states assistance to the west bank and gaza.--United States assistance (except humanitarian assistance) may not be provided to programs or projects in the West Bank or Gaza. (4) Authority to withhold payment of united states contributions to international organizations that recognize a unilaterally declared palestinian state.--The President is authorized to-- (A) withhold up to 10 percent of the United States assessed contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (B) reduce the United States voluntary contribution to any international organization that recognizes a unilaterally declared Palestinian state up to 10 percent below the level of the United States voluntary contribution to such organization in the fiscal year prior to the fiscal year in which such organization recognized a unilaterally declared Palestinian state. (5) Opposition to lending by international financial institutions.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to oppose-- (A) membership for a unilaterally declared Palestinian state in such institution, or other recognition of a unilaterally declared Palestinian state by such institution; and (B) the extension by such institution to a unilaterally declared Palestinian state of any loan or other financial or technical assistance. (6) Limitation on use of funds to extend united states recognition.--No funds available under any provision of law may be used to extend United States recognition to a unilaterally declared Palestinian state, including, but not limited to, funds for the payment of the salary of any ambassador, consul, or other diplomatic personnel to such a unilaterally declared state, or for the cost of establishing, operating, or maintaining an embassy, consulate, or other diplomatic facility in such a unilaterally declared state. (b) Suspension of Measures.-- (1) In general.--The President may suspend the application of any of paragraphs (3) through (5) of subsection (a) for a period of not more than one year if, with respect to the suspension of the application of any such paragraph, the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) such suspension is in the national security interest of the United States; or (B) the application of such paragraph or paragraphs would significantly hinder the prospects for a negotiated peace agreement in the Middle East. Such certification shall be accompanied by a justification for the basis of the determination. (2) Renewal.--The President may renew the suspension of the application of any of paragraphs (3) through (5) of subsection (a) for a successive period or periods of not more than one year if, before each such period, the President makes a determination and transmits a certification in accordance with paragraph (1). (3) Additional requirement.--A suspension of the application of any of paragraphs (3) through (5) of subsection (a) under paragraph (1) or paragraph (2) shall cease to be effective after one year or at such earlier date as the President may specify. (c) Definition.--For purposes of paragraphs (2) and (3) of subsection (a), the term ``United States assistance''-- (1) means-- (A) assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except-- (i) assistance under chapter 8 of part I of such Act (relating to international narcotics control assistance); (ii) assistance under chapter 9 of part I of such Act (relating to international disaster assistance); and (iii) assistance under chapter 6 of part II of such Act (relating to assistance for peacekeeping operations); (B) assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including the license or approval for export of defense articles and defense services under section 38 of that Act; and (C) assistance under the Export-Import Bank Act of 1945; and (2) does not include counter-terrorism assistance.
Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) to make it unlawful for the government of any unilaterally declared Palestinian state, the Palestinian Authority, the Palestine Liberation Organization (PLO), or any successor entities to establish an office in the United States; (2) to bar of U.S. assistance to the government of any unilaterally declared Palestinian state, the Palestinian Authority (or to any successor entity), and any programs or projects in the West Bank or Gaza (except humanitarian assistance); (3) to withhold a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) to oppose such state's membership in any international financial institution or the extension by such institution of any loan or other financial assistance to it. Authorizes the President to suspend, for one year, the application of a specified number of such measures provided he determines and certifies to specified congressional committees that such suspensions are in the national security interests of the United States or the application of such measures would significantly hinder the prospects for a negotiated peace agreement in the Middle East.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Court Interpreter Grant Program Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency; (2) 21 percent of the population of the United States over 5 years of age speaks a language other than English at home; (3) only qualified and certified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party; (4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference settings; (5) the Federal Government has demonstrated its commitment to equal administration of justice, regardless of English proficiency; (6) regulations implementing title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency; (7) 43 States have developed, or are developing, qualified court interpreter programs; (8) a robust and effective court interpreter program-- (A) actively recruits skilled individuals to serve as court interpreters; (B) trains those individuals in the interpretation of court proceedings; (C) develops and uses a thorough, systematic certification process for court interpreters; (D) has sufficient funding to ensure that a qualified and certified interpreter will be available to the court whenever necessary; and (E) efficiently uses funding to create substantial cost savings; and (9) Federal funding is necessary to-- (A) encourage State courts that do not have court interpreter programs to develop them; (B) assist State courts with nascent court interpreter programs to implement them; (C) assist State courts with limited court interpreter programs to enhance them; and (D) assist State courts with robust court interpreter programs to make further improvements and share successful cost saving programs with other States. SEC. 3. STATE COURT INTERPRETER PROGRAM. (a) Grants Authorized.-- (1) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Administrator'') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. (2) Use of grants.--A State court may use a grant awarded under this subsection to-- (A) develop or enhance a court interpreter program for the State court; (B) develop, institute, and administer language certification examinations; (C) recruit, train, and certify qualified court interpreters; (D) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed or enhanced under subparagraph (A); (E) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation; or (F) engage in other related activities, as prescribed by the Attorney General. (b) Application.-- (1) In general.--The highest State court of each State seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (2) Contents.--The highest State court of each State submitting an application under paragraph (1) shall include in the application-- (A) a demonstration of need for the development, implementation, or expansion of a State court interpreter program; (B) an identification of each State court in that State that would receive funds from the grant; (C) the amount of funds that each State court identified under subparagraph (B) would receive from the grant; and (D) the procedures that the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (B). (c) State Court Allotments.-- (1) Base allotment.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $100,000 to the highest court of each State that has an application approved under subsection (b). (2) Additional allotment.-- (A) In general.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $5,000,000 to be distributed among the highest State courts that-- (i) have an application approved under subsection (b); and (ii) are located in a State with extraordinary needs that prevent the development, implementation, or expansion of a State court interpreter program. (B) Determining need.--In determining whether a State has extraordinary needs required under subparagraph (A), the Administrator shall consider-- (i) based on data from the Bureau of the Census, the ratio between the number of people over 5 years of age who speak a language other than English at home and identify as speaking English less than very well-- (I) in that State; and (II) in all of the States that receive an allocation under paragraph (1); and (ii) any efficiency or substantial cost savings expected from a State court interpreter program. (C) Priority consideration.--In allocating amounts under subparagraph (A), the Administrator shall give priority to any State that does not have and has not begun to develop a qualified court interpreter program. (d) Treatment of District of Columbia.--For purposes of this section-- (1) the District of Columbia shall be treated as a State; and (2) the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia. SEC. 4. REPORT. Not later than 1 year after the date on which the first grant is made under section 3, the Administrator shall submit a report to Congress that describes how each highest State court has used the funds from each grant made under section 3 in a manner consistent with section 3(a)(2). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2013 through 2017 to carry out this Act.
State Court Interpreter Grant Program Act of 2012 - Directs the Administrator of the Office of Justice Programs of the Department of Justice (DOJ) to make grants to state courts to develop and implement programs to assist individuals with limited English proficiency to access and understand state court proceedings in which they are a party. Authorizes the use of grant awards by state courts to: (1) develop or enhance a court interpreter program; (2) develop, institute, and administer language certification examinations; (3) recruit, train, and certify qualified court interpreters; (4) pay for salaries, transportation, and technology necessary to implement the court interpreter program; (5) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation; or (6) engage in other activities prescribed by the Attorney General.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Domestic Abuse Insurance Protection Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``domestic abuse'' means the occurrence of one or more of the following acts between former or current household or family members (including in-laws or extended family), spouses or former spouses, individuals engaged in or formerly engaged in a sexually intimate relationship, a caretaker and the person taken care of, a perpetrator of sexual assault and the victim of the assault, or a stalker or a sex offender in relation to the person being stalked or person against whom the offense was or is being committed: (A) Attempting to cause or intentionally, knowingly, or recklessly causing the other person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault, or involuntary sexual intercourse. (B) Engaging in a course of conduct or repeatedly committing acts toward the other person, including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm. (C) Subjecting the other person to false imprisonment or kidnapping. (D) Attempting to cause or intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of the other person. (2) The term ``domestic abuse-related medical condition'' means a medical condition sustained by the subject of domestic abuse which arises in whole or in part out of an action or pattern of domestic abuse in relation to the subject of domestic abuse. (3) The term ``domestic abuse status'' means the fact or perception that a person is, has been, or may be a subject of domestic abuse, irrespective of whether the person has sustained domestic abuse-related medical conditions. (4) The term ``insurance policy'' means any policy, contract, or certificate of insurance (whether for health benefits, life insurance benefits, property and casualty benefits, or otherwise) issued by an insurer and subject to the insurance laws and regulations of a State, and includes an endorsement or rider to such a policy, contract, or certificate and includes a contract of health benefits issued by a health maintenance organization. (5) The term ``insured'' means a party named on an insurance policy as the person with legal rights to the benefits provided by the policy. For group insurance, such term includes a person who is a beneficiary covered by a group policy or certificate. (6) The term ``insurer'' means any person or legal entity (including a health carrier or life, disability, and property and casualty insurer) engaged in the business of insurance and subject to the insurance laws and regulations of a State, and includes agents, brokers, adjusters, and third party administrators and includes health maintenance organizations and similar organizations subject to regulation by a State for insolvency. (7) The term ``subject of domestic abuse'' means-- (A) a person to whom an act of domestic abuse is directed, (B) a person who has had prior or current injuries, illnesses, or disorders that resulted from domestic abuse, or (C) a person who seeks, may have sought, or had reason to seek-- (i) medical or psychological treatment for domestic abuse, or (ii) protection (including court-order protection) or shelter from domestic abuse. (8) The term ``group health plan'' has the meaning given such term in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)). (9) The terms ``beneficiary'' and ``participant'' have the meanings given such terms in section 3 of the Employee Retirement Income Security Act of 1974. SEC. 3. PROHIBITION OF UNFAIR DISCRIMINATION AGAINST SUBJECTS OF DOMESTIC ABUSE. (a) In General.--An insurer or group health plan may not, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, or a beneficiary or participant in the plan is, has been, or may be the subject of domestic abuse: (1) Denying, refusing to issue, renew or reissue, or canceling or otherwise terminating an insurance policy or coverage under the group health plan; or restricting or excluding coverage under the policy or plan; or adding a premium differential to any insurance policy or for coverage under the plan on such basis. (2) Excluding or limiting coverage for losses or denying a claim incurred by an insured or participant or beneficiary as a result of domestic abuse on the basis of the insured's, participant's, or beneficiary's abuse status, except (in the case of an insurer) as otherwise permitted or required by State laws relating to acts of abuse committed by life insurance beneficiaries. (3)(A) Subject to subparagraph (B), terminating coverage for a subject of domestic abuse because coverage was originally issued or provided in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of domestic abuse or the abuser's coverage has terminated voluntarily or involuntarily and, with respect to health insurance coverage or coverage under a group health plan, the subject of domestic abuse does not qualify for extension of coverage under part 6 of subtitle B of title I or the Employee Retirement Income Security Act of 1974, section 4980B of the Internal Revenue Code of 1986, or title XXII of the Public Health Service Act. (B) Nothing in subparagraph (A) prohibits the insurer or group health plan from requiring the subject of domestic abuse to pay the full premium for the subject's coverage under the policy or plan or from requiring, as a condition of health insurance coverage or coverage under the plan, that the subject of domestic abuse reside or work within its service area if such requirements are applied to all insureds of the insurer with respect to such coverage or to all participants and beneficiaries. (C) The insurer may terminate group health insurance coverage after the continuation coverage required by this paragraph has been in force for 18 months if it offers conversion to an equivalent individual plan. (D) The continuation of health coverage required by this paragraph shall be satisfied by coverage under part 6 of subtitle B of title I or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.), section 4980B of the Internal Revenue Code of 1986, or title XXII of the Public Health Service Act provided to a subject of domestic abuse and is not intended to be in addition to any extension of coverage provided under such part, section, or title. (b) Limitation on Use or Transfer of Information.-- (1) In general.--An insurer or group health plan (or a contractor with an insurer or group health plan) may not use, disclose, or transfer information relating to an individual's abuse status, or medical condition which the insurer or plan knows or has reason to know is abuse-related, or an individual's family, household, social, or employment relationship with a subject of domestic abuse except to the extent necessary for the direct provision of health care services, compliance with abuse reporting laws, or (in the case of an insurer) compliance with an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction. Nothing in this paragraph shall be construed as limiting or precluding a subject of domestic abuse from obtaining the subject's own medical records from an insurer or group health plan. (2) Access to information by subject of domestic abuse.--A subject of domestic abuse may provide evidence of domestic abuse to an insurer or group health plan for the limited purpose of facilitating treatment of an domestic abuse-related condition or demonstrating that a condition is domestic abuse- related. Nothing in this paragraph shall be construed as authorizing an insurer or plan to disregard such provided evidence. SEC. 4. EXPLANATION OF REASONS FOR ADVERSE ACTIONS. An insurer or group health plan that takes any adverse action relating to any insurance policy or coverage under a group health plan of a subject of domestic abuse on the basis of a claim or medical condition that the insurer or plan knows or has reason to know is abuse-related, shall explain the reason for its action to the applicant or insured or individual in writing. Reference to general underwriting practices or guidelines does not constitute a specific reason. SEC. 5. SPECIAL RULE FOR LIFE INSURANCE. Nothing in this Act shall be construed to prohibit a life insurer from declining to issue a life insurance policy on the life of an individual if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if-- (1) the applicant or prospective owner of the policy lacks an insurable interest in the insured; or (2) the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed an act of domestic abuse in relation to the individual. SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED. Except where the subject of domestic abuse has already recovered damages, subrogation of claims resulting from domestic abuse is prohibited without the informed consent of the subject of domestic abuse. SEC. 7. COMPLIANCE WITH INSURANCE PROTOCOLS FOR SUBJECTS OF DOMESTIC ABUSE. An insurer shall develop, file with the applicable regulatory authority, and adhere to, protocols specifying how employees, contractors, agents, and broker of the insurer will pursue an insurance action (including claims investigation and subrogation) that may impact the safety of a subject of domestic abuse involved with that action. SEC. 8. ESTABLISHMENT OF STANDARDS FOR INSURERS. (a) In General.--If, within the 90-day period beginning on the date of the enactment of this Act, the National Association of Insurance Commissioners adopts a Model Act and Regulations that establish standards for insurers with respect to the requirements under this Act, such standards shall apply to insurers in carrying out this Act. (b) Fallback Federal Standards.--If the NAIC does not adopt such an Act and Regulations within the period specified in subsection (a), the Secretary of Health and Human Services shall promulgate, not later than 60 days after the end of such period, standards for insurers to carry out this Act. SEC. 9. ENFORCEMENT FOR INSURERS. (a) State Enforcement.-- (1) In general.--Each State may establish under State law a regulatory program that provides for the application and enforcement of standards for insurers equal to or more stringent than the standards established under section 8 to carry out this Act. (2) Review.--The Secretary periodically shall review State regulatory programs to determine if they continue to substantially meet the requirements specified in paragraph (1). If the Secretary finds that a State regulatory program no longer substantially meets the requirements, before making a final determination, the Secretary shall provide the State an opportunity to adopt such a plan of correction as would permit the State regulatory program to continue to meet such requirements. If the Secretary makes a final determination that the State regulatory program, after such an opportunity, fails to substantially meet such requirements, the provisions of subsection (b) shall apply to insurers in that State. (b) Federal Fallback Enforcement.--In the case of an insurer, with respect to insurance policies issued in a State which does not have an approved regulatory program in effect under subsection (a)(1), that the Secretary of Health and Human Services determines fails to comply with an applicable standard established under section 8, the insurer is subject to a civil money penalty of not to exceed $25,000 for each such violation. The provisions of section 1128A of the Social Security Act (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of such Act. SEC. 10. ENFORCEMENT WITH RESPECT TO GROUP HEALTH PLANS. The provisions of this Act insofar as they relate to group health plans shall be deemed to be provisions of title I of the Employee Retirement Income Security Act of 1974 for purposes of applying such title. With respect to group health plans, the Secretary of Labor shall enforce the requirements of this Act in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). SEC. 11. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the requirements of this Act shall take effect on July 1, 1997, or, in the case of insurers and if later, the date specified in subsection (b), and shall apply to actions occurring on or after such date. (b) Special Rule.--In the case of a State which the Secretary of Health and Human Services identifies as-- (1) requiring State legislation (other than legislation appropriating funds) in order for insurance policies to meet standards established under section 8 or for the State insurance commissioner to perform the functions described in section 9(a), but (2) having a legislature which is not scheduled to meet in 1997 in a legislative session in which such legislation may be considered, the date specified in this subsection is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after the date of the enactment of this Act, and in which legislation described in paragraph (1) may be considered. 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.
Victims of Domestic Abuse Insurance Protection Act of 1996 - Prohibits insurers and group health plans from engaging, directly or indirectly, in specified discriminatory acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured has a relationship or association, or a beneficiary or plan participant, is, has been, or may be the subject of domestic abuse. Sets forth limitations upon the use or transfer of information among insurers or group health plans with respect to such subjects. Requires the insurer or group health plan to furnish a written explanation of any adverse action taken on a claim or medical condition that the insurer has reason to know is abuse-related. Prescribes parameters within which a life insurer may decline to issue a life insurance policy on the life of an individual if the applicant or prospective policy owner is or would be the designated beneficiary, and if such applicant or prospective policy owner: (1) lacks an insurable interest in the insured; or (2) is known in police or court records to have committed an act of domestic abuse in relation to the individual. Prohibits subrogation of claims resulting from domestic abuse without the informed consent of the subject of domestic abuse. Mandates that: (1) an insurer develop protocols specifying how employees, agents, and brokers will pursue an insurance action that may affect the safety of a subject of domestic abuse involved with that action; and (2) the Secretary of Health and Human Services promulgate standards for insurers to implement this Act if the National Association of Insurance Commissioners fails to adopt a Model Act that establishes standards to implement this Act. Prescribes guidelines for State and Federal enforcement of this Act, including a civil money penalty for violations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Funding for IDEA Now Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to attain the Federal Government's goal under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) of providing 40 percent of the national current average per pupil expenditure to assist States and local educational agencies with the excess costs of educating children with disabilities and to make such funding mandatory. SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: ``(2) Minimum amounts.--The minimum amount of the grant a State is entitled to receive under this section for a fiscal year is-- ``(A) the number of children with disabilities in the State who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average current per-pupil expenditure in public elementary and secondary schools in the United States. ``(3) No individual entitlement.--Paragraph (2) shall not be interpreted to entitle any individual to assistance under any State program, project, or activity funded under this part.''. (b) Conforming Amendments.--(1) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411) is amended by striking subsection (j). (2) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411), as amended by paragraph (1), is further amended-- (A) in subsection (b)(1), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use not more than one percent''; (B) in subsection (c), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use''; (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``(1) In general.--''; and (II) by striking ``paragraph (2) or subsection (e), as the case may be'' and inserting ``subsection (e)''; and (ii) by striking paragraph (2); (D) in subsection (e)-- (i) in the heading, by striking ``Permanent''; (ii) in paragraph (1)-- (I) by striking ``subsection (d)(1)'' and inserting ``subsection (d)''; and (II) by inserting after ``subsection (j)'' the following: ``(as such subsection was in effect on the day before the date of the enactment of the Full Funding for IDEA Now Act of 2003)''; and (iii) in paragraph (3)(B)-- (I) in clause (ii)-- (aa) in subclause (I)(bb), by striking ``amount appropriated under subsection (j)'' and inserting ``amount available to carry out this part (other than section 619)''; (bb) in subclause (II)(bb), by striking ``appropriated'' and inserting ``available''; and (cc) in subclause (III)(bb), by striking ``appropriated'' and inserting ``available''; and (II) in clause (iii)(II), by striking ``appropriated'' and inserting ``available''; (E) in subsection (g)-- (i) in paragraph (2)-- (I) by striking subparagraph (A); (II) by striking ``(B) Permanent procedure.--''; (III) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subparagraphs (A) and (B) and clauses (i) and (ii), respectively; and (IV) in subparagraph (B) (as redesignated), by striking ``clause (i)'' and inserting ``subparagraph (A)''; and (ii) in paragraph (3)(A)-- (I) in clause (i)(I), by striking ``appropriated'' and inserting ``available''; (II) in clause (ii), by striking ``appropriated'' and inserting ``available''; and (F) in subsection (i)(3)(A), by striking ``appropriated under subsection (j)'' and inserting ``available to carry out this part (other than section 619)''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003.
Full Funding for IDEA Now Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to specify a mandatory minimum level of Federal grant payments to States for assistance for education of all children with disabilities.Sets such level at 40 percent of the average current per-pupil expenditure in public and secondary schools in the United States multiplied by the number of children with disabilities in the State who are receiving special education and related services: (1) aged three through five if the State is eligible for an IDEA preschool grant; and (2) aged six through 21.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Monongahela Act: A National Legacy for West Virginia's Special Places''. SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST VIRGINIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System: (1) Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled ``Big Draft Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Big Draft Wilderness''. (2) Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled ``Cranberry Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97-466 (96 Stat. 2538). (3) Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled ``Dolly Sods Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of Public Law 93-622 (88 Stat. 2098). (4) Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled ``Otter Creek Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of Public Law 93-622 (88 Stat. 2098). (5) Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled ``Roaring Plains Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Roaring Plains West Wilderness''. (6) Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled ``Spice Run Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Spice Run Wilderness''. (b) Maps and Legal Description.-- (1) Filing and availability.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest. (2) Force and effect.--The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and descriptions. (c) Administration.--Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may continue to authorize the competitive running event permitted from 2003 through 2008 in the vicinity of the boundaries of the Dolly Sods Wilderness addition designated by paragraph (3) of subsection (a) and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the preservation of such areas as wilderness. (d) Effective Date of Wilderness Act.--With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (e) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibility of the State of West Virginia with respect to wildlife and fish. SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST. (a) Boundary Adjustment.--The boundary of the Laurel Fork South Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat. 2538) is modified to exclude two parcels of land, as generally depicted on the map entitled ``Monongahela National Forest Laurel Fork South Wilderness Boundary Modification'' and dated March 11, 2008, and more particularly described according to the site-specific maps and legal descriptions on file in the office of the Forest Supervisor, Monongahela National Forest. The general map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (b) Management.--Federally owned land delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION. (a) Boundary Adjustment.--The boundary of the Monongahela National Forest is confirmed to include the tracts of land as generally depicted on the map entitled ``Monongahela National Forest Boundary Confirmation'' and dated March 13, 2008, and all Federal lands under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service, encompassed within such boundary shall be managed under the laws and regulations pertaining to the National Forest System. (b) Land and Water Conservation Fund.--For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 9), the boundaries of the Monongahela National Forest, as confirmed by subsection (a), shall be considered to be the boundaries of the Monongahela National Forest as of January 1, 1965. SEC. 5. ENHANCED TRAIL OPPORTUNITIES. (a) Plan.-- (1) In general.--The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest. (2) Nonmotorized recreation trail defined.--For the purposes of this subsection, the term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, and equestrian use. (b) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the plan required under subsection (a), including the identification of priority trails for development. (c) Consideration of Conversion of Forest Roads to Recreational Uses.--In considering possible closure and decommissioning of a Forest Service road within the Monongahela National Forest after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable law, may consider converting the road to nonmotorized uses to enhance recreational opportunities within the Monongahela National Forest.
Wild Monongahela Act: A National Legacy for West Virginia's Special Places - Designates specified federal lands in the Monongahela National Forest, West Virginia, as wilderness and as either a new component, or as an addition to an existing component, of the National Wilderness Preservation System. Modifies the boundary of the Laurel Fork South Wilderness designated by P.L. 97- 466 (relating to the designation of certain lands in the Monongahela National Forest as wilderness) to exclude two specified parcels of land. States that the boundary of the Monongahela National Forest is confirmed to include specified tracts of land. Requires the development of a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest. Provides for the consideration of conversion of forest roads within Monongahela National Forest to nonmotorized uses to enhance recreational opportunities within the Forest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Telehealth Improvement and Expansion Act of 2010''. SEC. 2. REAUTHORIZATION OF TELEHEALTH AND TELEMEDICINE GRANT PROGRAMS. (a) Telehealth Network and Telehealth Resource Centers Grant Programs.--Section 330I (42 U.S.C. 254c-14) is amended-- (1) in subsection (a), by amending paragraph (3) to read as follows: ``(3) Frontier community.--The term `frontier community' shall have such meaning as developed by the Secretary, in consultation with the Secretary of Agriculture, not later than one year after the date of the enactment of the Telehealth Improvement and Expansion Act of 2010.''; (2) in subsection (b), by striking ``, under section 301,''; (3) in subsection (c)(2), by striking ``under section 301'' and inserting ``under this section''; (4) in subsection (f)(1)(B)(iii)-- (A) in subclause (IV), by striking ``Local health departments'' and inserting ``State, local, or tribal health departments''; (B) in subclause (VII), by inserting ``, including skilled nursing facilities'' before the period at the end; (C) in subclause (IX), by inserting ``, including community mental health centers or county mental health and public mental health facilities'' before the period at the end; and (D) by adding at the end the following: ``(XIII) Renal dialysis facilities.''; (5) by amending subsection (i) to read as follows: ``(i) Preferences.-- ``(1) Telehealth networks.--In awarding grants under subsection (d)(1) for projects involving telehealth networks, the Secretary shall give preference to eligible entities meeting at least one of the following: ``(A) Network.--The eligible entity is a health care provider in, or proposing to form, a health care network that furnishes services in a medically underserved area or a health professional shortage area. ``(B) Broad geographic coverage.--The eligible entity demonstrates broad geographic coverage in the rural or medically underserved areas of the State or States in which the entity is located. ``(C) Linkages.--The eligible entity demonstrates its ability to use the grant to establish or develop plans for telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. ``(D) Efficiency.--The eligible entity demonstrates its ability to use the grant to promote greater efficiency in the use of health care resources. ``(E) Viability.--The eligible entity demonstrates the long-term viability of projects through-- ``(i) availability of non-Federal funding sources; and ``(ii) institutional and community support for the telehealth network. ``(F) Services.--The eligible entity provides a plan for coordinating system use by eligible entities and prioritizes use of grant funds for health care services over nonclinical uses. ``(2) Telehealth resource centers.--In awarding grants under subsection (d)(2) for projects involving telehealth resource centers, the Secretary shall give preference to eligible entities meeting at least one of the following: ``(A) Provision of a broad range of services.--The eligible entity has a record of success in the provision of a broad range of telehealth services to medically underserved areas or populations. ``(B) Provision of telehealth technical assistance.--The eligible entity has a record of success in the provision of technical assistance to providers serving medically underserved areas or populations in the establishment and implementation of telehealth services. ``(C) Collaboration and sharing of expertise.--The eligible entity has a demonstrated record of collaborating and sharing expertise with providers of telehealth services at the national, regional, State, and local levels.''; (6) in subsection (j)(2)(B), by striking ``such projects for fiscal year 2001'' and all that follows through the period and inserting ``such projects for fiscal year 2010.''; (7) in subsection (k)(1)-- (A) in subparagraph (E)(i), by striking ``transmission of medical data'' and inserting ``transmission and electronic archival of medical data''; and (B) by amending subparagraph (F) to read as follows: ``(F) developing projects to use telehealth technology to-- ``(i) facilitate collaboration between health care providers; ``(ii) promote telenursing services; or ``(iii) promote patient understanding and adherence to national guidelines for chronic disease and self-management of such conditions;''; (8) in subsection (n), by inserting ``and minimize duplication'' before the period at the end; (9) in subsection (q), by striking ``Not later than September 30, 2005'' and inserting ``Not later than 1 year after the date of the enactment of the Telehealth Improvement and Expansion Act of 2010, and annually thereafter''; (10) by striking subsection (r); (11) by redesignating subsection (s) as subsection (r); and (12) in subsection (r) (as so redesignated)-- (A) in paragraph (1)-- (i) by striking ``and'' before ``such sums''; and (ii) by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the semicolon; and (B) in paragraph (2)-- (i) by striking ``and'' before ``such sums''; and (ii) by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the period. (b) Telemedicine; Incentive Grants Regarding Coordination Among States.--Subsection (b) of section 330L (42 U.S.C. 254c-18) is amended by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the period at the end.
Telehealth Improvement and Expansion Act of 2010 - Amends the Public Health Service Act to reauthorize appropriations for telehealth network and telehealth resource center grant programs. Includes state, local, and tribal health departments (currently, local health departments), skilled nursing facilities, community mental health centers, county mental health and public mental health facilities, and renal dialysis facilities as the entities that may be part of an eligible telehealth network. Revises the preferences for telehealth network grants to require the Secretary of Health and Human Services (HHS) to give preference to an eligible entity that: (1) is a health care provider in a health care network that furnishes services in a medically underserved area or a health professional shortage area; (2) demonstrates broad geographic coverage in the rural or medically undeserved areas of the state or states in which the entity is located; and (3) demonstrates its ability to use the grant to establish or develop plans for telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. Reauthorizes appropriations for grants to state professional licensing boards to develop and implement state policies that will reduce statutory and regulatory barriers to telemedicine.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Electronic Access Safety Enhancement (CEASE) Act''. SEC. 2. DISCLOSURE BY INTERNET CONTENT MANAGEMENT SERVICES OF COLLECTION, USE, AND DISCLOSURE OF INFORMATION UNDER CONTRACTS FOR SCHOOLS AND LIBRARIES. (a) Initial Disclosure of Policies.-- (1) In general.--A provider of Internet content management services shall, before entering into a contract or other agreement to provide such services to or for an elementary or secondary school or library, notify the local educational agency or other authority with responsibility for the school, or library, as the case may be, of the policies of the provider regarding the collection, use, and disclosure of information from or about children whose Internet use will be covered by such services. (2) Elements of notice.--Notice on policies regarding the collection, use, disclosure of information under paragraph (1) shall include information on the following: (A) Whether any information will be collected from or about children whose Internet use will be covered by the services in question. (B) Whether any information so collected will be stored or otherwise retained by the provider of Internet content management services, and, if so, under what terms and conditions, including a description of how the information will be secured. (C) Whether any information so collected will be sold, distributed, or otherwise transferred, and, if so, under what terms and conditions. (3) Form of notice.--Any notice under this subsection shall be clear, conspicuous, and designed to be readily understandable by its intended audience. (b) Modification of Policies.-- (1) In general.--A provider of Internet content management services shall, before implementing any material modification of the policies described in subsection (a)(1) under a contract or other agreement with respect to an elementary or secondary school or library, notify the local educational agency or other authority with responsibility for the school, or library, as the case may be, of the proposed modification of the policies. (2) Timeliness.--Notice under paragraph (1) shall be provided in sufficient time in advance of the modification covered by the notice to permit the local educational agency or other authority concerned, or library concerned, as the case may be, to evaluate the effects of the modification. (c) Regulations.--The Commission shall prescribe regulations for purposes of the administration of this section. The regulations shall include provisions regarding the elements of notice required under subsection (a)(2) and the timeliness of notice under subsection (b)(2). (d) Administration.-- (1) In general.--This section shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Effect on other laws.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (e) Noncompliance.-- (1) In general.--The violation of any provision of this section, including the regulations prescribed by the Commission under subsection (c), shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Termination of contract or agreement.-- (A) Authority to terminate.--Notwithstanding any provision of a contract or agreement to the contrary, if a provider of Internet content management services for a school or library fails to comply with a policy in a notice under subsection (a), or fails to submit notice of a modification of a policy under subsection (b) in a timely manner, the local educational agency or other authority concerned, or library concerned, may terminate the contract or other agreement with the provider to provide Internet content management services to the school or library, as the case may be. (B) Resolution of disputes.--Any dispute under subparagraph (A) regarding the failure of a provider of Internet content management services as described in that subparagraph shall be resolved by the Commission. (C) Relationship to other relief.--The authority under this paragraph with respect to noncompliance of a provider of Internet content management services is in addition to the power of the Commission to treat the noncompliance as a violation under paragraph (1). (f) Notice to Parents.--A school or library shall provide reasonable notice of the policies of an Internet content management service provider used by that school or library to parents of students, or patrons of the library, as the case may be. SEC. 3. COLLECTION OF PERSONAL INFORMATION ABOUT CERTAIN OLDER CHILDREN BY PROVIDERS OF INTERNET CONTENT MANAGEMENT SERVICES TO SCHOOLS AND LIBRARIES. (a) Prohibition.--A provider of Internet content management services to or for an elementary or secondary school or library may not collect through such services personal information from or about a child who is a student at that school or a user of that library. (b) Responsibilities Upon Collection.-- (1) In general.--If a provider of Internet content management services to or for an elementary or secondary school or library collects through such services personal information from or about a child who is a student at that school or a user of that library, the provider shall-- (A) provide prompt notice of such collection-- (i) to either-- (I) the local educational agency or other authority with responsibility for the school and appropriate officials of the State in which the school is located; or (II) the library; and (ii) to the Federal Trade Commission; and (B) take appropriate actions to treat the personal information-- (i) in a manner consistent with the provisions of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) if the personal information was collected from a child as defined in section 1302(1) of that Act; or (ii) in a similar manner, under regulations prescribed by the Commission, if the personal information was collected from a child over the age of 12. (2) Elements of notice.--Notice of the collection of personal information by a provider of Internet content management services under paragraph (1)(A) shall include the following: (A) A description of the personal information so collected. (B) A description of the actions taken by the provider with respect to such personal information under paragraph (1)(B). (c) Response to Notice.--A local educational agency or other authority, or library, receiving notice under subsection (b) with respect to a covered child shall take appropriate actions to notify a parent or guardian of the child of receipt of such notice. SEC. 4. APPLICATION OF COPPA. Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Provider of internet content management services treated as operator.--The term `operator' includes a provider of Internet content management services (as defined in section 5(4) of the Children's Electronic Access Safety Enhancement Act) who collects or maintains personal information from or about the users of those services, or on whose behalf such information is collected or maintained, if those services are provided for commercial purposes involving commerce described in paragraph (2)(A)(i), (ii), or (iii).''. SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Child.--Except as provided in section 3(b)(1)(B), the term ``child'' means an individual who is less than 19 years of age. (3) Personal information.--The term ``personal information'' has the meaning given that term in section 1301(8) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501(8)). (4) Provider of internet content management services.--The term ``provider of Internet content management services'' includes a provider of Internet content management software if such software operates, in whole or in part, by or through an Internet connection or otherwise provides information on users of such software to the provider by the Internet or other means.
Children's Electronic Access Safety Enhancement (CEASE) Act - Requires providers of Internet content management services (providers) to notify local educational agencies or other authorities responsible for schools (LEAs), or libraries, of the providers' policies regarding collection, use, and disclosure of information from or about children under age 19 whose Internet use will be covered by such services, before entering into a contract or other agreement to provide such services to or for an elementary or secondary school or a library, and before implementing any later material modifications of such policies. Directs the Federal Trade Commission (FTC) to treat noncompliance with these requirements as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission Act. Allows LEAs or libraries to terminate such contracts or agreements with providers who fail to comply with these requirements. Requires a school or library to provide reasonable notice of its provider's policy to students' parents or library patrons.Prohibits providers from collecting personal information from or about a child who is a school student or library patron. Requires providers, if they do collect such information, to: (1) promptly notify the LEA and appropriate State officials, or the library, and the FTC; and (2) treat the information in accordance with the Children's Online Privacy Protection Act of 1998 (COPPA) if the child is under 12, and in accordance with FTC regulations if the child is over 12. Requires the LEA or library to notify a parent or guardian of the child of receipt of such notice.Amends COPPA to treat providers as operators.
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SECTION 1. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS. (a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended-- (1) in subclause (I), by striking the comma at the end and inserting a semicolon; (2) in subclause (II), by striking ``, or'' at the end and inserting a semicolon; (3) by amending subclause (III) to read as follows: ``(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, cousin, uncle, aunt, nephew, niece, or grandparent of an alien described in clause (i), is an agent of such an alien, or is a principal employing such an alien as an agent, if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion; or'' and (4) by adding at the end the following: ``(IV) is a spouse of the abducted child described in clause (i), if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion, is inadmissible until such child is surrendered to the person granted custody by the order described in that clause, and such custodian and child are permitted to return to the United States or such custodian's place of residence.''. (b) Identification of Aliens Supporting Abductors and Relatives of Abductors; Notice to Custodial Parents and Guardians; Annual Report; Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the following: ``(iv) Identification of aliens supporting abductors and relatives of abductors.--In all instances in which an alien commits an act described in clause (i), the Secretary of State shall take appropriate action to identify the individuals who are inadmissible under clause (ii). ``(v) Notice to custodial parents and guardians.--In all instances in which an alien commits an act described in clause (i), the Secretary of State shall, upon request of the person granted custody of the child concerned, inform the person of whether, and when, any individual who is inadmissible under clause (ii) by reason of such act has been issued a visa or otherwise authorized to enter the United States. ``(vi) Annual report.--The Secretary of State annually shall submit to the Committee on International Relations, the Committee on Government Reform, and the Committee on the Judiciary of the United States House of Representatives, and the Committee on Foreign Relations, the Committee on Governmental Affairs, and the Committee on the Judiciary of the United States Senate, a report that provides, with respect to the preceding year, an accounting of the number of cases known to the Secretary of State, disaggregated according to the nationality of the alien concerned-- ``(I) in which an authority under this subparagraph was exercised (and with respect to each such case, the specific ground for inadmissibility shall be specified); and ``(II) in which an authority under this subparagraph has not been exercised but in which an alien, after entry of an order by a court in the United States granting custody to a person of a United States citizen child, detained or retained the child, or withheld custody of the child, outside the United States from the person granted custody by that order. ``(vii) Definitions.--For purposes of this subparagraph-- ``(I) the term `child' means an individual who was a child at the time the individual was detained or retained, or at the time custody of the individual was withheld, as described in clause (i), regardless of the age or marital status of the individual after such time; and ``(II) the term `sibling' includes a step-sibling or half-sibling.''.
Amends the Immigration and Nationality Act to prohibit the U.S. admission of aliens supporting international child abductors and relatives of such abductors until the child is surrendered to the legal custodian and such child and custodian are permitted to return to the United States or the custodian's residence. (Currently such prohibition applies to relatives of abductors.) Expands the scope of "relatives" to include cousins, uncles, aunts, nephews, nieces, and grandparents. Includes the spouse of the abducted child within such prohibition.Directs the Secretary of State to: (1) identify inadmissible aliens supporting child abductors and relatives of abductors; and (2) provide notice, upon request, to custodial parents and guardians if such an alien has been authorized to enter the United States.
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of Approval.-- (1) Requirement.--Not later than 30 days after the deployment of members of the Armed Forces into a significant armed conflict with respect to which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Joint Congressional Consultative Committee shall introduce a joint resolution of approval. (2) Contents of resolution.--For purposes of this subsection, the term ``joint resolution of approval'' means a joint resolution the sole matter after the resolving clause of which is as follows: ``That Congress approves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___.'', with the blank space being filled with the appropriate date. (3) Referral to committee.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (4) Discharge of committee.--If the committee to which is referred a joint resolution of approval has not reported such resolution (or an identical resolution) at the end of 7 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. (5) Floor consideration.-- (A) In general.--When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution of approval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the joint resolution of approval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate. (6) Coordination with action by other house.--If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of approval of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (7) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Joint Resolution of Disapproval.-- (1) Contents of resolution.--For purposes of this subsection, the term ``joint resolution of disapproval'' means a joint resolution introduced in a House after that House has voted against passage of a joint resolution of approval under subsection (a), the sole matter after the resolving clause of which is as follows: ``That Congress disapproves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___.'', with the blank space being filled with the appropriate date. (2) Floor consideration.-- (A) In general.--After a joint resolution of disapproval has been introduced under this subsection, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate. (3) Coordination with action by other house.--If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of disapproval of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (4) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (c) Rule of Construction.--Nothing in this section shall be construed as limiting or otherwise affecting the right of any Member of Congress to introduce a resolution or bill approving, disapproving, expanding, narrowing, or ending a significant armed conflict. SEC. 8. TREATIES. Nothing in this Act shall be construed as modifying any obligations of the United States under any treaty or international agreement. SEC. 9. SEVERABILITY. If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.
War Powers Consultation Act of 2014 - States that: (1) the purpose of this Act is to establish a means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict; and (2) this Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government. Repeals the War Powers Resolution. Establishes the Joint Congressional Consultation Committee. Directs the President to consult with the Committee: (1) regularly regarding significant matters of foreign policy and national security; (2) before ordering the deployment of members of the Armed Forces into a significant armed conflict, particularly regarding the circumstances necessitating the conflict, the objectives, and the conflict's estimated scope and duration; and (3) at least every two months for the duration of any significant armed conflict. States that, if the President determines that the need for secrecy or other emergency circumstances preclude carrying out such reporting before significant armed conflict is ordered or begins, the President shall do such reporting not later than three days after the beginning of the significant armed conflict. Declares that, within 30 days after the deployment of members of the Armed Forces into a significant armed conflict for which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Committee shall introduce a joint resolution of approval. Sets forth related congressional procedures, including the introduction of a joint resolution of disapproval if a vote against a resolution of approval's passage has taken place. States that nothing in this Act shall be construed as modifying U.S. obligations under any treaty or international agreement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Digital Coast is a model approach for effective Federal partnerships with State and local government, nongovernmental organizations, and the private sector. (2) Access to current, accurate, uniform, and standards- based geospatial information, tools, and training to characterize the United States coastal region is critical for public safety and for the environment, infrastructure, and economy of the United States. (3) More than half of all people of the United States (153,000,000) currently live on or near a coast and an additional 12,000,000 are expected in the next decade. (4) Coastal counties in the United States average 300 persons per square mile, compared with the national average of 98. (5) On a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population. (6) Over half of the economic productivity of the United States is located within coastal regions. (7) Highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for-- (A) flood and coastal storm surge prediction; (B) hazard risk and vulnerability assessment; (C) emergency response and recovery planning; (D) community resilience to longer range climate change impacts; (E) permitting and zoning decisionmaking; (F) habitat and ecosystem health assessments; and (G) landscape change detection. SEC. 3. DEFINITIONS. In this Act: (1) Coastal region.--The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (2) Coastal state.--The term ``coastal State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within the designated coastal zone of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (3) Digital coast.--The term ``Digital Coast'' means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision- support tools, training, and best practices to address coastal management issues and needs. The Digital Coast strives to enhance resilient communities, ecosystem values, and coastal economic growth and development by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (4) Federal geographic data committee.--The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. (5) Remote sensing and other geospatial.--The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, LiDAR, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. SEC. 4. BUILDING THE DIGITAL COAST. (a) In General.--The Secretary shall establish Digital Coast as a program that provides data integration, tool development, training, documentation, dissemination, and archive by-- (1) making data and resulting integrated products developed under this section readily accessible via the Digital Coast Internet website of the National Oceanic and Atmospheric Administration, the GeoPlatform.gov and data.gov Internet websites, and such other Internet technologies as the Secretary considers appropriate; (2) developing decision-support tools that use and display resulting integrated data and provide training on use of such tools; (3) documenting such data to Federal Geographic Data Committee standards; and (4) archiving all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or such other Federal data center as the Secretary considers appropriate. (b) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data collection, sharing and integration, and to minimize duplication by-- (1) consulting with coastal managers and decisionmakers concerning coastal issues, and sharing information and best practices, as the Secretary considers appropriate, with-- (A) coastal States; (B) local governments; and (C) representatives of nongovernmental entities; (2) consulting with other Federal agencies on relevant Federal activities, including activities carried out under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), and the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.); (3) participating, pursuant to section 216 of the E- Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), in the establishment of such standards and common protocols as the Secretary considers necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; and (4) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 of April 14, 1994 (59 Fed. Reg. 17671), as amended by Executive Order 13286 of March 5, 2003 (68 Fed. Reg. 10619). (c) Filling Needs and Gaps.--In carrying out this section, the Secretary shall-- (1) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; (2) focus on filling data needs and gaps for critical coastal management issues; (3) pursuant to the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), support continue improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, including-- (A) coastal elevation data; (B) land use and land cover data; (C) socioeconomic and human use data; (D) critical infrastructure data; (E) structures data; (F) living resources and habitat data; (G) cadastral data; and (H) aerial imagery; (4) integrate the priority supporting data set forth under paragraph (3) with other available data for the benefit of the broadest measure of coastal resource management constituents and applications; (5) enter into financial agreements to carry out this Act, including-- (A) program support to non-Federal entities that participate in implementing this Act; (B) financial agreements, including grants, cooperative agreements, interagency agreements, and contracts, or any other agreement on a reimbursable or non-reimbursable basis, with other Federal, tribal, State, and local governmental and nongovernmental entities; and (C) registration fees in support of training, workshops, and conferences that advance the purposes of this Act; and (6) enter into such contracts with private sector entities for such products and services as the Secretary determines may be necessary to collect remote sensing and other geospatial data, which contracts shall be considered ``surveying and mapping'' services as such term is used in and as such contracts are awarded by the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section in each of fiscal years 2015 through 2020.
Digital Coast Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA) to establish a constituent-driven Digital Coast program. (This program currently exists under NOAA to provide data, tools, and training that communities use to manage their coastal resources.) Directs the program to: (1) provide an online resource that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs and to enhance resilient communities, ecosystem values, and coastal economic growth and development; and (2) provide for the documentation, dissemination, and archiving of the data. Requires NOAA to focus on filling data needs and gaps for critical coastal management issues, support continued improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, and enter into financial agreements to carry out the program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Thrift Savings Fund Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In order to enhance stability in the operations of the legislative branch of the Government, it is important to maintain a professional congressional staff and to promote longevity of service. (2) Consistent with paragraph (1), Congress has recently enacted legislation authorizing new benefits, such as a student loan forgiveness program, and taken other measures to improve staff compensation and benefits. (3) The Thrift Savings Plan is an important benefit which is offered to congressional employees, and which furthers the goal of attracting and retaining talented individuals to serve in the legislative branch of the Government. (4) The 3 stock index funds in the Thrift Savings Plan have not performed well recently, especially when measured against inflation. In 2002, for example, losses from those funds were greater than 3, 4, and 5 percent, respectively, in the month of December alone, and more than 15, 18, and 22 percent, respectively, for the entire year. (5) By contrast, during that same year, the Government securities and bond index funds in the Thrift Savings Plan had earnings of 5 and 10 percent, respectively, and, in December of that year alone, slightly more than \1/2\ of 1 percent and 2 percent, respectively. (6) By yet greater contrast, increases in gold spot prices more than offset the losses experienced by even the worst- performing stock index fund in the Thrift Savings Plan in 2002, with the price of gold increasing by nearly 25 percent in that year and by more than 9 percent in December of that year alone. SEC. 3. PRECIOUS METALS INVESTMENT FUND. (a) Fund Defined.--Section 8438(a) of title 5, United States Code, is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(11) the term `Precious Metals Investment Fund' means the Precious Metals Investment Fund established under subsection (b)(1)(F).''. (b) Establishment.-- (1) In general.--Section 8438(b)(1) of title 5, United States Code, is amended-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(F) a Precious Metals Investment Fund as provided in paragraph (5).''. (2) Fund requirements.--Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: ``(5)(A) The Board shall establish a Precious Metals Investment Fund. ``(B) Contributions to the Precious Metals Investment Fund shall be invested in physical gold, silver, or platinum bullion (rather than any mining company shares, certificates, derivatives, or futures options), and any bullion so acquired shall constitute the assets of the Precious Metals Investment Fund and shall be stored in a vault in a Federally chartered or State chartered bank. Each share in the Precious Metals Investment Fund shall represent a direct investment in the precious metal itself.''. (c) Acknowledgment of Risk.--Section 8439(d) of title 5, United States Code, is amended-- (1) by striking ``or the Small Capitalization Stock Index Investment Fund,'' and inserting ``the Small Capitalization Stock Index Investment Fund, or the Precious Metals Investment Fund,''; and (2) by striking ``and (10),'' and inserting ``(10), and (11),''. SEC. 4. EFFECTIVE DATE; DEFINITIONS. (a) Effective Date.--The Federal Retirement Thrift Investment Board-- (1) shall study the operation of existing precious metals funds to determine the best practices of those funds; and (2) not later than 1 year after the date of the enactment of this Act-- (A) shall establish the Precious Metals Investment Fund, incorporating the best practices referred to in paragraph (1) to such extent and in such manner as the Board shall determine; and (B) shall make the Precious Metals Investment Fund available to individuals participating in the Thrift Savings Plan. (b) Definitions.--For purposes of this section-- (1) the term ``Precious Metals Investment Fund'' has the meaning given such term by section 8438(a)(11) of title 5, United States Code (as amended by section 3(a)); and (2) the term ``Thrift Savings Plan'' refers to the plan described in subchapter III of chapter 84 of such title 5.
Thrift Savings Fund Improvement Act - Establishes the Precious Metals Investment Fund as an investment option for individuals participating in the Thrift Savings Plan. Requires that contributions to such Fund be invested in physical gold, silver, or platinum bullion. Directs the Federal Retirement Thrift Investment Board to: (1) study the operation of existing precious metal funds to determine the best practices of such funds; (2) establish the Precious Metals Investment Fund incorporating the best practices of existing funds; and (3) make such Fund available to individuals participating in the Thrift Savings Plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Post Office Community Partnership Act of 2001''. SEC. 2. PROCEDURES RELATING TO THE PROPOSED CLOSING, CONSOLIDATION, RELOCATION, OR CONSTRUCTION OF A POST OFFICE. (a) Applicability.--Section 404(b) of title 39, United States Code, is amended-- (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by striking ``(b)(1)'' and inserting ``(2)''; and (3) by inserting before paragraph (2) (as so redesignated) the following: ``(b)(1) This subsection shall apply in the case of any proposed closing, consolidation, relocation, or construction of a post office.''. (b) Advance Notice.--Paragraph (2) of such section 404(b) (as so redesignated) is amended to read as follows: ``(2)(A) The Postal Service, before making a determination under subsection (a)(3) as to the necessity for a proposed action described in paragraph (1), shall, in order to ensure that the persons, including local government officials, who are (or would be) served by the post office involved will have an opportunity to present their views, provide adequate notice of its intention to take such action with respect to such post office at least 60 days before-- ``(i) in the case of the proposed construction of a post office, the date of the determination under subsection (a)(3); or ``(ii) in the case of an action other than the proposed construction of a post office, the proposed date of such action. ``(B) The requirements of this paragraph shall not be considered met unless the notice-- ``(i) has, by the deadline specified in subparagraph (A)-- ``(I) been hand delivered or delivered by mail to the persons required under subparagraph (A); and ``(II) been published once a week for at least 4 weeks in 1 or more newspapers regularly issued and of general circulation within the zip code areas which are (or would be) served by the post office involved; and ``(ii) includes a description of the action proposed to be taken with respect to the post office involved, a summary of the reasons for the proposed action, and the date on which such action is proposed to be taken (or, if the construction of a post office is involved, the proposed timetable therefor).''. (c) Considerations.--Paragraph (3) of such section 404(b) (as so redesignated) is amended-- (1) in the matter before subparagraph (A), by striking ``to close or consolidate'' and inserting ``to take a proposed action with respect to''; (2) by striking ``such closing or consolidation'' each place it appears and inserting ``such action''; (3) in subparagraph (A)(i), by striking the semicolon and inserting ``, taking into account (I) the extent to which the post office is part of a core downtown business area (if at all), and (II) the nature and the extent of any opposition within the community to the proposed action;''; (4) in subparagraph (A)(ii), by striking ``Service employed at such office;'' and inserting ``Service;''; (5) in subparagraph (A)(iv), by inserting ``quantified long-term'' before ``economic''; and (6) in subparagraph (A), by striking ``and'' at the end of clause (iv), by redesignating clause (v) as clause (viii), and by inserting after clause (iv) the following: ``(v) any views or concerns expressed by any officials or other representatives of local government, including whether the proposed action is reasonable in light of local population projections; ``(vi) consistency with the size, scale, design, and general character of the surrounding community; ``(vii) whether all reasonable alternatives to such action have been explored; and''. (d) Notice of Determination.--Paragraph (4) of such section 404(b) (as so redesignated) is amended-- (1) by striking ``to close or consolidate'' and inserting ``to take a proposed action (described in paragraph (1)) with respect to''; (2) by striking ``paragraph (2)'' and inserting ``paragraph (3)''; and (3) by striking ``office.'' and inserting ``office (including by posting a copy of such determination in the post office or each post office serving the persons who will be affected by such action) and shall be transmitted to appropriate local officials.''. (e) Additional Requirements.--Such section 404(b) is amended by adding at the end the following: ``(7) In any case in which a community has promulgated any procedures to address the relocation, closing, consolidation, or construction of buildings in the community, and the public participation requirements of those procedures are more stringent than those provided in this subsection, the Postal Service shall apply those procedures to the relocation, closing, consolidation, or construction of a post office in that community in lieu of applying the procedures established in this subsection. ``(8) In making a determination to relocate, close, consolidate, or construct any post office, the Postal Service shall comply with any applicable zoning, planning, or land use laws (including design guidelines, building codes, and all other provisions of law) to the same extent and in the same manner as if the Postal Service were not an establishment of the Government of the United States. ``(9) Nothing in this subsection shall be construed to apply to a temporary customer service facility to be used by the Postal Service for a period of less than 60 days. ``(10)(A) In this paragraph the term `emergency' means any occurrence that forces an immediate relocation from an existing facility, including natural disasters, fire, health and safety factors, and lease terminations. ``(B) If the Postmaster General determines that there exists an emergency affecting a particular post office, the Postmaster General may suspend the application of this subsection, with respect to such post office, for a period of not to exceed 180 days. ``(C) The Postmaster General may exercise the suspension authority under this paragraph with respect to a post office once for each discrete emergency affecting such post office. ``(11) The relocation, closing, consolidation, or construction of any post office shall be conducted in accordance with applicable provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.).''. (f) Technical and Conforming Amendments.--Such section 404(b) is amended-- (1) in paragraph (5) (as so redesignated) by striking ``take no action to close or consolidate'' and inserting ``take no action described in paragraph (1) with respect to''; and (2) in paragraph (6) (as so redesignated)-- (A) by striking ``to close or consolidate'' and inserting ``to take any action described in paragraph (1) with respect to''; and (B) by striking ``paragraph (3)'' and inserting ``paragraph (4)''.
Post Office Community Partnership Act of 2001 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its proposed closing, consolidation, relocation, or construction. Requires a 60-day notice, under certain conditions, to persons (including local government officials) who are (or would be) served by the post office involved to allow such individuals an opportunity to present their views before such proposed action. Requires the notice: (1) by the deadline, to be hand delivered or delivered by mail and published once a week for at least four weeks in one or more newspapers regularly issued and of general circulation within the zip code areas which are (or would be) served by the post office involved; and (2) to include a description of the proposed action, a summary of the reasons for it, and the date on which the action is to be taken (or, in the case of the construction of a post office, the proposed timetable).Revises the factors to be considered in deciding whether or not to take such proposed actions.Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act.
{"src": "billsum_train", "title": "A bill to amend title 39, United States Code, to provide that the procedures relating to the closing or consolidation of a post office be extended to the relocation or construction of a post office, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Tax Cut Act of 2003''. SEC. 2. REFUND OF EMPLOYEE PAYROLL TAXES. (a) Payment of Refunds.-- (1) In general.--The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to each individual an amount equal to the lesser of-- (A) $765, or (B) the amount of the individual's social security taxes for 2001. (2) Payment in installments.--The Secretary of the Treasury shall make the payment under paragraph (1) in two equal installments-- (A) the first of which shall be paid on the date which is 2 months after the date of the enactment of this Act, and (B) the second of which shall be paid on December 1, 2003. The Secretary may, after notice to the Senate and House of Representatives, make adjustments in the timing of each installment to the extent the adjustments are administratively necessary. (3) No interest.--No interest shall be allowed on any payment required by this subsection. (4) Certain individuals not eligible.--No payment shall be made under this subsection to-- (A) any estate or trust, (B) any nonresident alien, or (C) any individual with respect to whom a deduction under section 151 of such Code is allowable to another taxpayer for a taxable year beginning in 2001. (5) Social security taxes.--For purposes of this subsection-- (A) In general.--The term ``social security taxes'' has the meaning given such term by section 24(d)(2) of the Internal Revenue Code of 1986. (B) State and local employees not covered by social security system.--In the case of any individual-- (i) whose service is not treated as employment by reason of section 3121(b)(7) of such Code (relating to exemption for State and local employees), and (ii) who, without regard to this subparagraph, has no social security taxes for 2001, the term ``social security taxes'' shall include the individual's employee contributions to a governmental pension plan by reason of the service described in clause (i). (b) 2002 Refund for Individuals Not Receiving Full 2001 Refund.-- Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6429. REFUND OF CERTAIN 2002 PAYROLL TAXES. ``(a) In General.--Each eligible individual shall be treated as having made a payment against the tax imposed by chapter 1 for such individual's first taxable year beginning in 2002 in an amount equal to the payroll tax refund amount for such taxable year. ``(b) Payroll Tax Refund Amount.--For purposes of subsection (a), the payroll tax refund amount is the excess (if any) of-- ``(1) the lesser of-- ``(A) $765, or ``(B) the amount of the individual's social security taxes for 2002, over ``(2) the amount of the payment to the individual under section 2(a) of the Wage Tax Cut Act of 2003. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien, or ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in 2002. ``(d) Timing of Payments.--In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before December 31, 2003. ``(e) No Interest.--No interest shall be allowed on any overpayment attributable to this section. ``(f) Social Security Taxes.--For purposes of this section, the term `social security taxes' has the meaning given such term by section 2(a)(5) of the Wage Tax Cut Act of 2003.'' (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6429. Refund of certain 2002 payroll taxes.'' SEC. 3. REFUND OF EMPLOYER PAYROLL TAXES ON FIRST $10,000 OF WAGES PER EMPLOYEE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds), as amended by section 2, is amended by adding at the end the following: ``SEC. 6430. REFUND OF EMPLOYER PAYROLL TAXES ON FIRST $10,000 OF WAGES OF AN EMPLOYEE. ``(a) General Rule.--Each employer subject to tax under section 3111 or 3221(a) with respect to employment during the payroll tax holiday period shall be treated as having made a payment against the tax imposed by chapter 1 for each taxable year which includes any portion of such period in an amount equal to the sum of the payroll tax refund amounts determined for all employees of the employer for such taxable year. ``(b) Payroll Tax Refund Amount.--For purposes of this section, the term `payroll tax refund amount' means, with respect to any employee for any taxable year of an employer, the excess (if any) of-- ``(1) the lesser of-- ``(A) $765, or ``(B) the amount of the employer's social security taxes paid or incurred with respect to employment of the employee during any portion of the payroll tax holiday period within the taxable year, over ``(2) the amount treated as paid by the employer under this section with respect to the employee for any preceding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Payroll tax holiday period.--The term `payroll tax holiday period' means the 12-month period beginning with the first month following the date of the enactment of this section. The Secretary may, after notice to the Senate and House of Representatives, delay the beginning of such period if the Secretary determines such delay is administratively necessary to provide adequate notice of the provisions of this section to employers and employees. ``(2) Employer payroll taxes.-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by sections 3111 and 3221(a). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(3) Employment.--The term `employment' includes services subject to tax under chapter 22 (relating to railroad retirement taxes). ``(d) Special Rules.--For purposes of this section-- ``(1) Common control.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. ``(2) Trade or business requirement.--This section shall not apply to employer payroll taxes paid with respect to an employee unless more than one-half of the employee's remuneration is for services performed in a trade or business of the employer. Any determination under this subparagraph shall be made without regard to subsections (a) and (b) of section 52.'' (b) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6430. Refund of employer payroll taxes on first $10,000 of wages of an employee.''
Wage Tax Cut Act of 2003 - Directs the Secretary of the Treasury to pay to each eligible individual the lesser of $765, or the amount of the individual's social security taxes, or payments to a State or local governmental pension plan, for 2001.Amends the Internal Revenue Code to provide a 2002 refund for eligible individuals who did not receive their full 2001 refund, as provided for by this Act.Provides employers with an income tax credit of up to $765 for payroll taxes paid during the payroll tax holiday (the 12-month period beginning with the first month after the date of enactment of this Act).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Education Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1989 the Nation's Governors established a goal that all children would have access to high-quality early education programs by the year 2000. (2) Less than half of all 3- to 5-year-olds who are not in kindergarten are enrolled in an early education program, with only 36 percent of children from families with annual incomes below $15,000 enrolled in an early education program. (3) Research suggests that a child's early years are critical in the development of the brain. Early brain development is an important component of educational and intellectual achievement. (4) The National Research Council reported that early education opportunities are necessary if children are going to develop the language and literacy skills necessary to learn to read. (5) Evaluations of early education programs demonstrate that compared to children with similar backgrounds who have not participated in early education programs, children who participate in such programs-- (A) perform better on reading and mathematics achievement tests; (B) are more likely to stay academically near their grade level and make normal academic progress throughout elementary school; (C) are less likely to be held back a grade or require special education services in elementary school; (D) show greater learning retention, initiative, creativity, and social competency; and (E) are more enthusiastic about school and are more likely to have good attendance records. (6) Studies have estimated that for every dollar invested in quality early education, about 7 dollars are saved in later costs. SEC. 3. EARLY EDUCATION. 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--EARLY EDUCATION ``SEC. 10995. EARLY EDUCATION. ``(a) Definition of Early Education.--In this part the term `early education' means not less than a half day of schooling each weekday during the academic year preceding the academic year a child enters kindergarten. ``(b) Purpose.--The purpose of this section is to establish a program to develop the foundation of early literacy and numerical training among young children by helping State educational agencies expand the existing education system to include early education for all children. ``(c) Program Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to not less than 10 State educational agencies to enable the State educational agencies to expand the existing education system with programs that provide early education. ``(2) Matching requirement.--The amount provided to a State educational agency under paragraph (1) shall not exceed 50 percent of the cost of the program described in the application submitted pursuant to subsection (d). ``(3) Requirements.--Each program assisted under this section-- ``(A) shall be carried out by 1 or more local educational agencies, as selected by the State educational agency; ``(B) shall be carried out-- ``(i) in a public school building; or ``(ii) in another facility by, or through a contract or agreement with, a local educational agency; ``(C) shall be available to all children served by a local educational agency carrying out the program; and ``(D) shall only involve instructors who are licensed or certified in accordance with applicable State law. ``(d) Application.--Each State educational agency 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 application shall-- ``(1) include a description of-- ``(A) the program to be assisted under this section; and ``(B) how the program will meet the purpose of this section; ``(2) contain a statement of the total cost of the program and the source of the matching funds for the program; and ``(3) demonstrate how the program will be coordinated with other federally funded programs that provide early educational opportunities, such as Head Start and the Even Start Family Literacy Program under part B of title I, to avoid duplication of activities in the school districts to be served. ``(e) Coordination of Activities.-- ``(1) In general.--In order for a State to operate a single early education program and notwithstanding any other provision of law, the Secretary may allow a State educational agency to coordinate activities funded under this section with activities funded under-- ``(A) part B of title I; ``(B) section 619 of the Individuals with Disabilities Education Act; or ``(C) the Head Start Act, if the Secretary obtains the consent of the Secretary of Health and Human Services. ``(2) Reduction of services prohibited.--The Secretary shall ensure that the coordination described in paragraph (1) does not result in a reduction of services under part B of title I, section 619 of the Individuals with Disabilities Education Act, or the Head Start Act, as appropriate. ``(f) Secretarial Authority.--In order to carry out the purpose of this section, the Secretary-- ``(1) shall establish a system for the monitoring and evaluation of, and shall annually report to Congress regarding, the programs funded under this section; and ``(2) may establish any other policies, procedures, or requirements, with respect to the programs. ``(g) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $300,000,000 for each of the fiscal years 2000 through 2004.''.
Authorizes the Secretary of Education to award such matching grants to not less than ten State educational agencies (SEAs) to expand the existing education system with programs that provide such early education. Requires each such assisted program to: (1) be carried out by one or more local educational agencies (LEAs), as selected by the SEA; (2) be carried out in a public school building, or in another facility by, or through a contract or agreement with, an LEA; (3) be available to all children served by the LEA carrying out the program; and (4) only involve licensed or certified instructors. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitampering Act of 1999''. SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT IDENTIFICATION CODES. (a) In General.--Title VIII of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'', approved July 5, 1946 (commonly referred to as the ``Lanham Act'' and the ``Trademark Act of 1946'') is amended by inserting after section 43 (15 U.S.C. 1125) the following: ``unauthorized modifications of product identification codes ``Sec. 43A. (a) Definitions.--In this section-- ``(1) the term `consumer'-- ``(A) means-- ``(i) the ultimate user or purchaser of a good; or ``(ii) any hotel, restaurant, or other provider of services that must remove or alter the container, label, or packaging of a good in order to make the good available to the ultimate user or purchaser; and ``(B) does not include any retailer or other distributor who acquires a good for resale; ``(2) the term `good' means any article, product, or commodity that is customarily produced or distributed for sale, rental, or licensing in interstate or foreign commerce, and any container, packaging, label, or component thereof, but does not include any article of clothing; ``(3) the term `manufacturer' includes the original manufacturer of a good and a duly appointed agent or representative of that manufacturer acting within the scope of its agency or representation; ``(4) the term `product identification code'-- ``(A) includes any number, letter, symbol, marking, date (including an expiration date), code, software, or other technology that is affixed to or embedded in any good, by which the manufacturer of the good may trace the good back to a particular production lot or batch or date of removal, or otherwise identify the date of manufacture, the date of expiration, or other comparable critical data; and ``(B) does not include copyright management information conveyed in connection with copies or phonorecords of a copyrighted work or any performance or display of a copyrighted work; ``(5) the term `Universal Product Code' refers to the multidigit bar code and number representing goods in retail applications; and ``(6) the term `value' means the face, par, or market value, whichever is the greatest. ``(b) Prohibited Acts.--Except as otherwise authorized by Federal law, it shall be unlawful for any person, other than the consumer or the manufacturer of a good, knowingly and without authorization of the manufacturer-- ``(1) to directly or indirectly alter, conceal, remove, obliterate, deface, strip, or peel any product identification code affixed to or embedded in that good; ``(2) to directly or indirectly affix or embed a product identification code to or in that good which is intended by the manufacturer for a different good, such that the code no longer accurately identifies the source of the good; ``(3) to directly or indirectly affix to or embed in that good any number, letter, symbol, marking, date, code, or other technology intended to simulate a product identification code; or ``(4) to import, reimport, export, sell, distribute, or broker that good, in a case in which the person knows that the product identification code has been altered, concealed, removed, obliterated, defaced, stripped, peeled, affixed, or embedded in violation of paragraph (1) or (2), or in a case in which the person knows that the good bears an unauthorized number, letter, symbol, marking, date, or other code in violation of paragraph (3). ``(c) Applicability.--The prohibitions set forth in subsection (b) shall apply to product identification codes (or simulated product identification codes in a case to which subsection (b)(3) applies) affixed to, or embedded in, any good held for sale or distribution in interstate or foreign commerce or after shipment therein. ``(d) Exclusion.-- ``(1) UPC codes.--Nothing in this section prohibits a retailer or distributor from affixing a Universal Product Code or other legitimate pricing or inventory code or information required by State or Federal Law if such code or information does not (or can be removed so as not to) permanently alter, conceal, remove, obliterate, deface, strip, or peel any product identification code. ``(2) Repackaging for resale.--(A) Nothing in this section prohibits a distributor from removing an article, product, or commodity of retail sale from a shipping container and placing such article, product, or commodity in another shipping container for purpose of resale in a quantity different from the quantity originally provided by the manufacturer or from replacing a damaged shipping container, if, except as provided in paragraph (1), such article, product, or commodity of retail sale retains its original product identification code, without any obstruction or alteration, and if-- ``(i) such distributor is registered with all applicable Federal and State agencies; ``(ii) such distributor repackages the article, product, or commodity in full compliance with all applicable State and Federal laws and regulations; and ``(iii) the act of repackaging does not result in a prohibited act under section 301 of the Federal Food, Drug, and Cosmetic Act or violate any other applicable State or Federal law or regulation. ``(B) As used in this paragraph, the term `shipping container' means-- ``(i) a container or wrapping used for the transportation of any article, product, or commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; and ``(ii) containers or wrappings used by retailers to ship or deliver any article, product, or commodity to retail customers, if such containers and wrappings bear no printed matter pertaining to any particular article, product, or commodity. ``(e) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 1365A of title 18. ``(f) Civil Remedies.-- ``(1) In general.--Any person who is injured by a violation of this section, or threatened with such injury, may bring a civil action in an appropriate United States district court against the alleged violator. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in the violation; and ``(C) as part of a final judgment or decree-- ``(i) order the destruction of any good involved in the violation that is in the custody or control of the violator or that has been impounded under subparagraph (B); or ``(ii) if the court determines that any good impounded under subparagraph (B) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law, and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good. ``(3) Damages.-- ``(A) In general.--Subject to subparagraph (B), in any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(B) Statutory damages.--In any action under paragraph (1), the plaintiff may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits described in subparagraph (A), an award of statutory damages for any violation under this section in an amount equal to-- ``(i) not less than $500 and not more than $100,000, with respect to each type of goods involved in the violation; and ``(ii) if the violation threatens the health and safety of the public, as determined by the court, not less than $5,000 and not more than $1,000,000, with respect to each type of goods involved in the violation. ``(4) Costs and attorney's fees.--In any action under paragraph (1)-- ``(A) in addition to any damages recovered under paragraph (3), a prevailing plaintiff may recover the full costs of the action; and ``(B) the court, in its discretion, may also award reasonable attorney fees to the prevailing party. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court, in an action brought under this subsection, may increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages as described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(6) Limitations on actions.--No civil action may be commenced under this section later than 3 years after the date on which the claimant discovers the violation. ``(7) Innocent violations.--In any action under paragraph (1), the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that the acts of the violator constituted a violation. ``(g) Enforcement.--The Attorney General shall enforce this section.''. (b) Conforming Amendment.--The heading for title VIII of the Act of July 5, 1946, is amended by striking ``AND DILUTION'' and inserting ``DILUTION, AND ADULTERATION OF PRODUCT CODES''. SEC. 3. CRIMINAL PENALTIES. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365A. Criminal tampering with product identification codes ``(a) Criminal Penalties.--Any person who willfully violates section 43A of the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946') shall-- ``(1) be fined under this title, imprisoned not more than 1 year, or both; ``(2) if the total retail value of the good or goods involved in the violation is greater than $5,000, be fined under this title, imprisoned not more than 5 years, or both; ``(3) if the person acts with reckless disregard for the risk that the health or safety of the public would be threatened and under circumstances manifesting extreme indifference to such risk, and the violation threatens the health or safety of the public, be fined under this title, imprisoned not more than 10 years, or both; ``(4) if the person acts with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk and-- ``(A) serious bodily injury to any individual results, be fined under this title, imprisoned not more than 20 years, or both; or ``(B) death of an individual results, be fined under this title, imprisoned for any term of years or for life, or both; and ``(5) with respect to any second or subsequent violation, be subject to twice the maximum term of imprisonment that would otherwise be imposed under this subsection, fined under this title, or both. ``(b) Injunctions and Impounding, Forfeiture, and Disposition of Goods.-- ``(1) Injunctions and impounding.--In any prosecution under this section, upon motion of the United States, the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(B) at any time during the proceedings, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the defendant and that the court has reasonable cause to believe was involved in the violation. ``(2) Forfeiture and disposition of goods.--Upon conviction of any person of a violation of this section, the court shall-- ``(A) order the forfeiture of any good involved in the violation that is in the custody or control of the defendant or that has been impounded under paragraph (1)(B); and ``(B) either-- ``(i) order the destruction of each good forfeited under subparagraph (A); or ``(ii) if the court determines that any good forfeited under subparagraph (A) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good.''. (b) Conforming Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1365 the following: ``1365A. Criminal tampering with product identification codes.''. SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS. Section 2320(f) of title 18, United States Code, is amended-- (1) by inserting ``criminal tampering with product identification codes under section 1365A,'' after ``involve''; and (2) in paragraph (4), by inserting ``1365A,'' after ``sections''.
Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Community Garden Grant Program Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in communities across the United States there are thousands of acres of vacant lots, the number of which is rapidly increasing; (2) these vacant lots contribute to the deterioration of neighborhoods and engender feelings of hopelessness among residents and community leaders; and (3) a National Community Garden Grant Program will aid in the prevention and elimination of urban blight by beautifying neighborhoods, developing communities and community leadership, and increasing nutritional awareness and gardening skills. (b) Purpose.--The purpose of this Act is to create a National Community Garden Grant Program, which will be a national partnership of the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Administrator of General Services, citizens, private organizations, and representatives of State and local agencies from all parts of the United States, for the promotion of community gardens. SEC. 3. DEFINITIONS. As used in this Act (unless the context otherwise requires): (1) Community garden program.--The term ``community garden program'' means a gardening program that incorporates 1 or more of the following elements: (A) Methods of gardening that promote improved nutrition and nutrition education. (B) Gardening education. (C) Community beautification. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. NATIONAL COMMUNITY GARDEN GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary shall award grants to eligible applicants to conduct community garden programs in accordance with this Act. (2) Eligible applicants.--For purposes of paragraph (1), an eligible applicant for a grant under this Act is a unit of general local government or a nonprofit organization that is, or is capable of, carrying out a community garden program in accordance with this Act. (3) Maximum amount and number.--The Secretary shall award up to 100 grants, each of which may not exceed $20,000. (4) Federal, state, and local contributions.-- (A) In general.--The Federal share attributable to this section of the cost of carrying out a program for which a grant is made under this section shall be 25 percent. (B) Calculation.--In providing for the remaining share of the cost of carrying out such a program, each grantee under this section-- (i) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and (ii) may provide for such share through State sources, local sources, or Federal sources (other than funds made available under this section). (5) Distribution.--The Secretary shall award grants in a manner that reflects the geographical diversity of the United States, to the maximum extent practicable. (6) Set-aside.--The Secretary shall allocate at least 20 percent of the grant funds made available under this section to grantees located in communities with populations not exceeding 50,000 inhabitants. (b) Applications.-- (1) In general.--The Secretary, in conjunction with the Secretary of the Department of Health and Human Services and the Secretary of Housing and Urban Development, shall develop selection criteria and application procedures consistent with the purposes of this Act. (2) Factors.--In selecting grantees, at a minimum, the Secretary shall consider the following criteria: (A) The extent to which the applicant will maximize the use of public-private partnerships and available surplus property. (B) The extent to which the applicant will target minority, underserved, and high-risk populations. (C) The likelihood of the applicant developing a sustainable community gardening program. (3) Certification of eligibility.--The Secretary shall certify the eligibility of each grantee. (4) Other funds.--Funds from other sources may be used by a grantee in conjunction with funds made available under this Act. This Act shall not affect any guidelines governing the use of other funds. SEC. 5. DATA COLLECTION. (a) In General.--The Secretary shall establish a database to compile information submitted under subsection (b) and information related to the effectiveness of the National Community Garden Grant Program in each participating community. (b) Federal Funds.--Grantees shall furnish the Secretary with information regarding the amount of Federal funds received by each grantee, including funds from the Secretary, the Administrator of General Services, and the Secretary of Housing and Urban Development. SEC. 6. DONATION OF PROPERTY. A grantee under this Act may use surplus property obtained from the Administrator of General Services and the Secretary of Defense to carry out a community garden program. SEC. 7. PROFITS FROM COMMUNITY GARDEN PROJECTS. If a grantee derives a profit from the sale of a product produced by a community garden program that receives funds under this Act, the grantee shall use the profits only to further carry out such program. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $2,000,000 for fiscal year 1994 and $2,000,000 for each of fiscal years 1996, 1997, and 1998.
National Community Garden Grant Program Act of 1993 - Directs the Secretary of Agriculture to award up to 100 community garden program grants. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Regulatory Relief Zone Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the likelihood that a proposed business site will comply with many government regulations is inversely related to the length of time over which a site has been utilized for commercial or industrial purposes, thus rendering older sites in urban areas most unlikely to be chosen for new development and forcing new development away from the areas most in need of economic growth and job creation; and (2) broad Federal regulations often have unintended consequences in urban areas where such regulations-- (A) offend basic notions of common sense, particularly when applied to individual sites; (B) adversely impact economic stability; (C) result in the unnecessary loss of existing businesses; (D) undermine new economic development, especially in previously used sites; (E) create undue economic hardships while failing significantly to protect human health, particularly in areas where economic development is urgently needed to improve the health and welfare of residents over a long period of time; and (F) contribute to social deterioration to such a degree that high unemployment, crime, and other economic and social problems create the greatest risk to the health and well-being of urban residents. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) enable qualifying cities to provide for the general well-being, health, safety and security for their residents living in distressed areas by empowering such cities to obtain selective relief from Federal regulations that undermine economic stability and development in distressed areas within the city; and (2) authorize Federal agencies to waive the application of specific Federal regulations in distressed urban areas designated as urban regulatory relief zones by an economic development commission-- (A) upon application through the Office of Management and Budget by an economic development commission established by a qualifying city under section 5; and (B) upon a determination by the appropriate Federal agency that granting such a waiver will not substantially endanger health or safety. SEC. 4. ELIGIBILITY FOR WAIVERS. (a) Eligible Cities.--The mayor or chief executive officer of a city may establish an economic development commission to carry out the purposes of section 5 if the city population is greater than 200,000 according to-- (1) the United States Census Bureau's 1992 estimate for city populations; or (2) beginning 6 months after the date of the enactment of this Act, the United States Census Bureau's latest estimate for city populations. (b) Distressed Area.--Any census tract within a city shall qualify as a distressed area if-- (1) 33 percent or more of the resident population in the census tract is below the poverty line; (2) 45 percent or more of out-of-school males aged 16 and over in the census tract worked less than 26 weeks in the preceding year; (3) 36 percent or more families with children under age 18 in the census tract have an unmarried parent as head of the household; or (4) 17 percent or more of the resident families in the census tract received public assistance income in the preceding year. SEC. 5. ECONOMIC DEVELOPMENT COMMISSIONS. (a) Purpose.--The mayor or chief executive officer of a qualifying city under section 4 may appoint an economic development commission for the purpose of-- (1) designating urban regulatory relief zones in a city composed of-- (A) a distressed area; (B) a combination of distressed areas; or (C) one or more distressed areas with adjacent industrial or commercial areas; and (2) making application through the Office of Management and Budget to waive the application of specific Federal regulations within such urban regulatory relief zones. (b) Composition.--To the greatest extent practicable, an economic development commission shall include-- (1) residents representing a demographic cross section of the city population; and (2) members of the business community, private civic organizations, employers, employees, elected officials, and State and local regulatory authorities. (c) Limitation.--No more than one economic development commission shall be established or designated within a qualifying city. SEC. 6. LOCAL PARTICIPATION. (a) Public Hearings.--Before designating an area as an urban regulatory relief zone, an economic development commission established under section 5 shall hold a public hearing, after giving adequate public notice, for the purpose of soliciting the opinions and suggestions of those persons who will be affected by such designation. (b) Individual Requests.--The economic development commission shall establish a process by which individuals may submit requests to the commission to include specific Federal regulations in the commission's application to the Office of Management and Budget seeking waivers of Federal regulations. (c) Availability of Commission Decisions.--After holding a hearing under subsection (a) and before submitting any waiver applications to the Office of Management and Budget under section 7, the economic development commission shall make publicly available-- (1) a list of all areas within the city to be designated as urban regulatory relief zones, if any; (2) a list of all regulations for which the economic development commission will request a waiver from a Federal agency; and (3) the basis for the city's findings that the waiver of a regulation would improve the health and safety and economic well-being of the city's residents and the data supporting such a determination. SEC. 7. WAIVER OF FEDERAL REGULATIONS. (a) Selection of Regulations.--An economic development commission may select for waiver, within an urban regulatory relief zone, Federal regulations that-- (1)(A) are unduly burdensome to business concerns located within an area designated as an urban regulatory relief zone; (B) discourages economic development within the zone; (C) creates undue economic hardships in the zone; or (D) contributes to the social deterioration of the zone; and (2) if waived, will not substantially endanger health or safety. (b) Request for Waiver.--(1) An economic development commission shall submit a request for the waiver of Federal regulations to the Office of Management and Budget. (2) Such request shall-- (A) identify the area designated as an urban regulatory relief zone by the economic development commission; (B) identify all regulations for which the economic development commission seeks a waiver; and (C) explain the reasons that waiver of the regulations would economically benefit the urban regulatory relief zone and the data supporting such determination. (c) Review of Waiver Request.--No later than 60 days after receiving the request for waiver, the Office of Management and Budget shall-- (1) review the request for waiver; (2) determine whether the request for waiver is complete and in compliance with this Act, using the most recent census data available at the time each application is submitted; and (3) after making a determination under paragraph (2)-- (A) submit the request for waiver to the Federal agency that promulgated the regulation and notify the requesting economic development commission of the date on which the request was submitted to such agency; or (B) notify the requesting economic development commission that the request is not in compliance with this Act with an explanation of the basis for such determination. (d) Modification of Waiver Requests.--An economic development commission may submit modifications to a waiver request. The provisions of subsection (c) shall apply to a modified waiver as of the date such modification is received by the Office of Management and Budget. (e) Waiver Determination.--(1) No later than 120 days after receiving a request for waiver under subsection (c) from the Office of Management and Budget, a Federal agency shall-- (A) make a determination of whether to waive a regulation in whole or in part; and (B) provide written notice to the requesting economic development commission of such determination. (2) Subject to subsection (g), a Federal agency shall deny a request for a waiver only if the waiver substantially endangers health or safety. (3) If a Federal agency grants a waiver under this subsection, the agency shall provide a written statement to the requesting economic development commission that-- (A) describes the extent of the waiver in whole or in part; and (B) explains the application of the waiver, including guidance for business concerns, within the urban regulatory relief zone. (4) If a Federal agency denies a waiver under this subsection, the agency shall provide a written statement to the requesting economic development commission that-- (A) explains the reasons that the waiver substantially endangers health or safety; and (B) provides a scientific basis for such determination. (f) Automatic Waiver.--If a Federal agency does not provide the written notice required under subsection (e) within the 120-day period as required under such subsection, the waiver shall be deemed to be granted by the Federal agency. (g) Limitation.--No provision of this Act shall be construed to authorize any Federal agency to waive any regulation or Executive order that prohibits, or the purpose of which is to protect persons against, discrimination on the basis of race, color, religion, gender, or national origin. (h) Applicable Procedures.--A waiver of a regulation under subsection (e) shall not be considered to be a rule, rulemaking, or regulation under chapter 5 of title 5, United States Code. The Federal agency shall publish a notice in the Federal Register stating any waiver of a regulation under this section. (i) Effect of Subsequent Amendment of Regulations.--If a Federal agency amends a regulation for which a waiver under this section is in effect, the agency shall not change the waiver to impose additional requirements. (j) Expiration of Waivers.--No waiver of a regulation under this section shall expire unless the Federal agency determines that a continuation of the waiver substantially endangers health or safety. SEC. 8. DEFINITIONS. For purposes of this Act, the term-- (1) ``industrial or commercial area'' means any part of a census tract zoned for industrial or commercial use which is adjacent to a census tract which is a distressed area under section 5(b); (2) ``poverty line'' has the same meaning as such term is defined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); (3) ``qualifying city'' means a city which is eligible to establish an economic development commission under section 4; (4) ``regulation''-- (A) means-- (i) any rule as defined under section 551(4) of title 5, United States Code; or (ii) any rulemaking conducted on the record after opportunity for an agency hearing under sections 556 and 557 of such title; and (B) shall not include-- (i) a rule that involves the internal revenue laws of the United States, or the assessment and collection of taxes, duties, or other revenues or receipts; (ii) a rule relating to monetary policy or to the safety or soundness of federally insured depository institutions or any affiliate of such an institution (as defined in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k))), credit unions, Federal Home Loan Banks, government sponsored housing enterprises, farm credit institutions, foreign banks that operate in the United States and their affiliates, branches, agencies, commercial lending companies, or representative offices, (as those terms are defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101)); or (iii) a rule promulgated under the Communications Act of 1934 (47 U.S.C. 101 et seq.); and (5) ``urban regulatory relief zone'' means an area designated under section 5.
Urban Regulatory Relief Zone Act of 1995 - Authorizes the mayor or chief executive officer of a city with a population greater than 200,000 to establish an economic development commission to: (1) designate urban regulatory relief zones in the city composed of one or more distressed areas; and (2) apply through the Office of Management and Budget for waiver of application of specific Federal regulations within such relief zones. States that a Federal agency shall deny such a waiver only if it substantially endangers health or safety. Specifies that any census tract within a city shall qualify as a distressed area if at least: (1) 33 percent of the resident population is below the poverty line; (2) 45 percent of out-of-school males aged 16 and over worked less than 26 weeks in the preceding year; (3) 36 percent of families with children under age 18 have an unmarried parent as head of the household; or (4) 17 percent of resident families received public assistance income in the preceding year. Provides for the composition of such commissions. Prohibits more than one such commission from being established or designated within a qualifying city. Requires such commissions to hold public hearings before designating an area as such a zone. Authorizes a commission to select for waiver, within such zone, Federal regulations that: (1) are unduly burdensome to business concerns, discourage economic development, or create undue economic hardship within, or contribute to the social deterioration of, the zone; and (2) if waived, will not substantially endanger health or safety. Sets forth provisions regarding: (1) requests for waivers; (2) review and modification of such requests; (3) waiver determinations; (4) automatic waivers; (5) limitations on waivers; (6) the effect of subsequent amendment of regulations; and (7) expiration of waivers.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Guides and Outfitters Act'' or the ``GO Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; Table of contents; Definitions. Sec. 2. Special recreation permit and fee. Sec. 3. Permit across multiple jurisdictions. Sec. 4. Guidelines and permit fee calculation. Sec. 5. Use of permit fees for permit administration. Sec. 6. Adjustment to permit use reviews. Sec. 7. Authorization of temporary permits for new uses for the Forest Service and BLM. Sec. 8. Indemnification requirements. Sec. 9. Streamlining of permitting process. Sec. 10. Cost recovery reform. Sec. 11. Extension of Forest Service recreation priority use permits. (c) Definitions.--In this Act: (1) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and (B) the Secretary of Agriculture, with respect to the Forest Service. (2) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture acting jointly. SEC. 2. SPECIAL RECREATION PERMIT AND FEE. Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows: ``(h) Special Recreation Permit and Fee.-- ``(1) In general.--The Secretary may-- ``(A) issue a special recreation permit for Federal recreational lands and waters; and ``(B) charge a special recreation permit fee in connection with the issuance of the permit. ``(2) Special recreation permits.--The Secretary may issue special recreation permits in the following circumstances: ``(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events. ``(B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service. ``(C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service. ``(3) Reduction in federal costs.--To reduce Federal costs in administering this subsection, the issuance of a new special recreation permit for activities under paragraph (2) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses shall qualify for categorical exclusions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS. (a) In General.--In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by both the Forest Service and the Bureau of Land Management-- (1) the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and (2) the permit application required under clause (i) shall be-- (A) the application required by the lead agency; and (B) submitted to the lead agency. (b) Requirements of the Lead Agency.--The lead agency for a permit under subsection (a) shall-- (1) coordinate with the associated agencies, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue the single, joint permit that covers the entirety of the trip; (2) in processing the joint permit application, incorporate the findings, interests, and needs of the associated agencies, provided that such coordination shall not be subject to cost recovery; and (3) complete the permitting process within a reasonable time after receiving the permit application. (c) Effect on Regulations.--Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Federal agencies. (d) Definitions.--In this section: (1) Associated agency.--The term ``associated agency'' means an agency that manages the land on which the trip of the special recreation permit applicant will enter after leaving the land managed by the lead agency. (2) Lead agency.--The term ``lead agency'' means the agency that manages the land on which the trip of the special recreation permit applicant will begin. SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION. (a) Guidelines and Exclusion of Certain Revenues.--The Secretary shall-- (1) publish guidelines in the Federal Register for establishing recreation permit fees; and (2) provide appropriate deductions from the fee established under paragraph (1) for-- (A) revenue from goods, services, and activities provided by a recreation service provider outside Federal recreational lands and waters, such as costs for transportation, lodging, and other services before or after a trip; and (B) fees to be paid by permit holder under applicable law to provide services on other Federal lands, if separate permits are issued to that permit holder for a single event. (b) Fee Conditions.--The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider's annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee. (c) Disclosure of Fees.--A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)). SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRATION. Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(1)) shall be used-- (1) to partially offset the Secretary's direct cost of administering the permits; and (2) to improve and streamline the permitting process. SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS. (a) In General.--In reviewing and adjusting allocations of use for priority use permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued unless additional capacity is available. (b) Waiver.--Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, and when allocations on permits include significant shoulder seasons. The authorizing office may approve non- use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant. SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR NEW USES FOR THE FOREST SERVICE AND BLM. Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802). SEC. 8. INDEMNIFICATION REQUIREMENTS. (a) Indemnification.--A permit holder that is prohibited by the State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount. (b) Exculpatory Agreements.--The Secretary shall not implement, administer or enforce any regulation or policy prohibiting the use of exculpatory agreements between recreation service providers and their customers for services provided under a special recreation permit when such agreements are enforceable pursuant to the law of the State in which the permitted services are provided. SEC. 9. STREAMLINING OF PERMITTING PROCESS. (a) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretaries shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and subpart 2932, of title 43, Code of Federal Regulations to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall-- (1) shorten application processing times and minimize application and administration costs; and (2) provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits, to the maximum extent allowable under applicable law, including, but not limited to, use of a categorical exclusion for the issuance of a new special recreation permit for activities under paragraph (2)(B) of subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses. (b) Online Applications.--To the maximum extent practicable, where feasible and efficient, the Secretaries shall make special recreation permit applications available to be filled out and submitted online. SEC. 10. COST RECOVERY REFORM. (a) Regulatory Process.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall revise section 251.58 of title 36, Code of Federal Regulations, and section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretaries' authority to issue or renew recreation special use permits. (b) De Minimis Exemption.-- (1) Cost recovery limitation.--Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process and/or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit. (2) Application of exemption.--An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption. (3) Multiple applications.--In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest-- (A) determine the share of the aggregate amount to be allocated to each application, on an equal or prorated basis, as appropriate; and (B) for each application, apply a separate exemption of up to 50 hours (or such other greater number of hours specified for exemption) to the share allocated to such application. (4) Cost reduction.--The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable in order to reduce the amount of work and cost necessary to process the application. (5) Limitation.--The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species. (6) Waiver of cost recovery.--The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that-- (A) such costs would impose a significant economic burden on any small business or category of small businesses; (B) such cost recovery could threaten the ability of an applicant or permittee to provide, in a particular area, a particular outdoor recreational activity that is consistent with the public interest and with applicable resource management plans; or (C) prevailing economic conditions are unfavorable, such as during economic recessions, or when drought, fire, or other natural disasters have depressed economic activity in the area of operation. SEC. 11. EXTENSION OF FOREST SERVICE RECREATION PRIORITY USE PERMITS. Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the exiting permit for additional items not to exceed 5 years in the aggregate, as necessary to allow the Secretary to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit.
Guides and Outfitters Act or the GO Act This bill amends the Federal Lands Recreation Enhancement Act to specify the circumstances in which the Department of the Interior and the Department of Agriculture (USDA) may: (1) issue special recreation permits for federal recreational lands and waters, and (2) charge a special recreation permit fee for them. Interior and USDA may issue special recreation permits: for specialized individual and group use of federal facilities and federal recreational lands and waters; to recreation service providers who conduct outfitting, guiding, and other recreation services on federal recreational lands and waters; and to recreation service providers who conduct recreation or competitive events, which may involve incidental sales on federal recreational lands and waters. Interior and USDA shall issue joint permits for the use of lands managed by the Forest Service and the Bureau of Land Management (BLM). Interior shall publish guidelines for establishing recreation permit fees. Revenues from special recreation permits issued to recreation service providers shall be used to: (1) offset partially Interior's direct cost of administering permits, and (2) improve and streamline the permitting process. When reviewing and adjusting allocations for the use of priority use permits for special uses of federal recreational lands and water managed by the Forest Service USDA shall allocate to the permit holder a prescribed amount subject to a cap. USDA and Interior shall implement a program that authorizes temporary permits for new recreational uses of federal recreational lands and waters managed by the Forest Service or the BLM, respectively. A permit holder prohibited by a state from indemnifying the federal government shall be considered to be in compliance with Interior and USDA indemnification requirements if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount. Interior and USDA shall revise certain: special land use and special recreation permit regulations to streamline the processes for the issuance and renewal of outfitter and guide special use permits, and cost recovery fee regulations to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies. If a holder of a special use permit for outfitting and guiding that authorizes priority use has requested renewal of the permit, USDA may grant one or more exiting permit extensions for additional items for up to five years altogether, as necessary to allow completion of the renewal process and avoid the interruption of services under the permit.
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SECTION 1. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS. (a) In General.--The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end the following new section: ``SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS. ``(a) Provision of Intelligence Information to the United Nations.--(1) No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations, or to any officials or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of Central Intelligence (in this section referred to as the `DCI'), in consultation with the Secretary of State and the Secretary of Defense, has established and implemented requirements which have been formally agreed to and implemented by the United Nations for protecting intelligence sources and methods as a condition for the provision of United States intelligence information to the United Nations. Those requirements shall include, but not be limited to-- ``(A) the adoption by the United Nations of formal security violation investigation procedures and security clearance background investigation procedures certified by the DCI as comparable to United States procedures; ``(B) the agreement by the United Nations to protect United States-provided intelligence information in a manner certified by the DCI as comparable to protections maintained by the United States Government of such information; ``(C) the agreement by the United Nations to immediately notify the United States Government of any unauthorized disclosure of United States-provided intelligence, and to permit the full participation of United States law enforcement personnel in the investigation of such disclosure; ``(D) prohibitions on access to United States-provided intelligence information by nationals of countries not otherwise eligible for the receipt of such information; ``(E) prohibitions on access to United States-provided intelligence information by the government of any country designated by the Secretary of State as a state supporter of terrorism; ``(F) prohibitions on access to United States-provided intelligence information by any government not eligible for the direct provision of such information by the United States through existing bilateral intelligence-sharing agreements; and ``(G) other measures which shall protect intelligence sources and methods from unauthorized disclosure in accordance with section 103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(5)). ``(2) Paragraph (1) may be waived upon written certification by the President to the appropriate committees of Congress that providing such information to the United Nations or an organization affiliated with the United Nations, or to any officials or employees thereof, is in the vital national security interests of the United States and that all possible measures protecting such information have been taken, except that such waiver must be made for each instance such information is provided, or for each such document provided. ``(b) Periodic and Special Reports.-- ``(1) The President shall periodically report, but not less frequently than quarterly, to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives on the types and volume of intelligence provided to the United Nations and the purposes for which it was provided during the period covered by the report. The President shall also report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives within 15 days after it has become known to the United States Government regarding any unauthorized disclosure of intelligence provided by the United States to the United Nations. ``(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately-cleared United States Government personnel serving with the United Nations. ``(c) Delegation of Duties.--The President may not delegate or assign the duties of the President under this section. ``(d) Relationship to Existing Law.--Nothing in this section shall be construed to-- ``(1) impair or otherwise affect the authority of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 103(c)(5) of the National Security Act of 1947(50 U.S.C. 403-3(c)(5)); or ``(2) supersede or otherwise affect the provisions of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).''.
Amends the United Nations Participation Act of 1945 to prohibit the providing of U.S. intelligence information to the United Nations or any of its affiliated organizations, or to any U.N. officials or employees, unless the President certifies to appropriate congressional committees that the Director of Central Intelligence has implemented specified requirements agreed to and implemented by the United Nations for protecting such intelligence. Authorizes waiver of such requirements upon certification by the President to appropriate congressional committees that providing such information is in the vital national interests of the United States and that all possible measures protecting such information have been taken. Requires the President to report at least quarterly to specified congressional committees on the types and volume of intelligence provided to the United Nations, including the purposes for which it was provided, as well as any unauthorized intelligence disclosures that become known.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advance Fee Loan Scam Prevention Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) Loan broker.--The term ``loan broker''-- (A) means any person who-- (i) for, or in expectation of, a consideration, arranges or attempts to arrange or offers to find for any individual, consumer credit; (ii) for, or in expectation of, a consideration, assists or advises an individual on obtaining, or attempting to obtain, consumer credit; or (iii) acts or purports to act for, or on behalf of, a loan broker for the purpose of soliciting individuals interested in obtaining consumer credit; and (B) does not include-- (i) any insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), any insured credit union (as defined in section 101(7) of the Federal Credit Union Act), or any depository institution which is eligible for deposit insurance under the Federal Deposit Insurance Act or the Federal Credit Union Act and has deposit insurance coverage provided by any State; (ii) any lender approved by the Federal Housing Administration, Farmers Home Administration, or Department of Veterans Affairs; (iii) any seller or servicer of mortgages approved by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; or (iv) any consumer finance company, retail installment sales company, securities broker or dealer, real estate broker or real estate salesperson, attorney, credit card company, installment loan licensee, mortgage broker or lender, or insurance company if such person is-- (I) licensed by and subject to regulation or supervision by any agency of the United States or by the State in which the person seeking to utilize the services of the loan broker resides; and (II) is acting within the scope of that license or regulation. (2) Advance fee.--The term ``advance fee''-- (A) means any fee (including any advance payment of interest or other fees for any extension of consumer credit) which is assessed or collected by a loan broker from any person seeking the consumer credit before the extension of such credit; and (B) does not include-- (i) any amount that the loan broker can demonstrate is collected solely for the purpose of payment to unaffiliated, third party vendors for actual expenses incurred and payable before the extension of any consumer credit; or (ii) any application fee or other charge assessed or collected-- (I) by a retail seller of property that is primarily for personal, family, or household purposes or automobiles; (II) in connection with a consumer credit transaction in which a purchase money security interest arising under an installment sales contract (or any equivalent consensual security interest) is created or retained against any such property or automobile being sold by the retail seller to the person seeking the extension of credit; or (III) in connection with a residential real estate transaction that is secured by a first lien on the property, including a purchase, refinancing, or consolidation of an extension of credit. (3) Consumer; credit.--The terms ``consumer'' and ``credit'' have the meanings given to such terms in section 103 of the Truth in Lending Act. SEC. 3. PROHIBITION ON ADVANCE FEES. (a) In General.--No loan broker may receive an advance fee in connection with-- (1) arranging or attempting to arrange consumer credit; (2) offering to find for any individual consumer credit; or (3) advising any individual as to how to obtain consumer credit. (b) Prohibition on False or Misleading Representations.--No loan broker may-- (1) make or use any false or misleading representations or omit any material fact in the offer or sale of the service of a loan broker; or (2) engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the person to whom the loan broker's services are offered or sold. SEC. 4. ENFORCEMENT BY THE FTC. Any violation of section 3 of this Act shall-- (1) be treated as a violation of a rule of the Federal Trade Commission issued pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act; and (2) be subject to enforcement by the Federal Trade Commission under the enforcement and penalty provisions applicable to violations of such rules. SEC. 5. CRIMINAL PENALTY. (a) In General.--Whoever knowingly violates section 3 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United States Code, is amended-- (1) by striking ``title or a violation'' and inserting ``title, a violation''; and (2) by inserting ``, or a violation of section 5(a) of the Advance Fee Loan Scam Prevention Act of 1993'' before the period. (c) Nonmailable Matter.--For purposes of section 3005(a) of title 39, United States Code, a violation of section 3 by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations.
Advance Fee Loan Scam Prevention Act of 1993 - Prohibits the receipt of advance fees by unregulated loan brokers arranging consumer credit for individuals. Grants the Federal Trade Commission enforcement powers under this Act. Establishes criminal penalties and civil forfeiture penalties for violations of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pet Animal Welfare Statute of 2005''. SEC. 2. DEFINITIONS. Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended-- (1) by redesignating subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) as subsections (k), (o), (c), (p), (m), (e), (a), (f), (j), (b), (g), (h), (l), (d), and (i), respectively and moving the subsections so as to appear in alphabetical order; (2) in subsection (e) (as redesignated by paragraph (1))-- (A) by striking ``or (2) any'' and all that follows through ``include--'' and inserting ``(2) any dog for hunting, security, or breeding purposes, or (3) any dog imported from outside the United States, unless the dog is imported by the person for the use and enjoyment of the person, except that this term does not include--''; (B) in clause (i), by inserting ``, or which sells any dogs imported from outside the United States'' before the semicolon; and (C) by striking clause (ii) and inserting the following: ``(ii) any person who, during any calendar year-- ``(I)(aa) sells not more than 25 dogs or cats at wholesale or to the public; or ``(bb) does not whelp more than 6 litters of dogs or cats and sells only dogs or cats bred or raised on the premises of the person directly at retail to persons who purchase such animals for their own use and enjoyment and not for resale; and ``(II) derives not more than $500 gross income from the sale of other animals;''; and (3) by inserting after subsection (m) (as redesignated by subsection (a)) the following: ``(n) Retail Pet Store.-- ``(1) In general.--The term `retail pet store' means a public retail establishment that sells animals commonly kept as pets in households in the United States, including-- ``(A) dogs; ``(B) cats; ``(C) guinea pigs; ``(D) rabbits; and ``(E) hamsters. ``(2) Exclusion.--The term `retail pet store' does not include-- ``(A) a person breeding animals to sell to the public as pets; ``(B) a person selling hunting, security, or breeding dogs; or ``(C) a person selling wild animals.''. SEC. 3. ACCESS TO SOURCE RECORDS FOR DOGS AND CATS. Section 10 of the Animal Welfare Act (7 U.S.C. 2140) is amended-- (1) in the first sentence, by inserting ``(a) In General.-- '' before ``Dealers''; and (2) by adding at the end the following: ``(b) Access to Source Records for Dogs and Cats.--Notwithstanding any other provision of this Act, all dealers and retail pet stores shall prepare, retain, and make available at all reasonable times for inspection and copying by the Secretary, for such reasonable period of time as the Secretary may prescribe, a record of-- ``(1) the name and address of the person from whom each dog or cat was purchased or otherwise acquired; and ``(2) whether the person from whom each dog or cat was acquired is required to be licensed or registered under this Act.''. SEC. 4. EXTENSION OF TEMPORARY SUSPENSION PERIOD. Section 19(a) of the Animal Welfare Act (7 U.S.C. 2149) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Extension of Temporary Suspension Period.--If the Secretary has reason to believe that a violation that results in a temporary suspension pursuant to paragraph (1) is continuing or will continue after the expiration of the 21-day temporary suspension period described in that paragraph, and the violation will place the health of any animal in serious danger in violation of this Act, the Secretary may extend the temporary suspension period for such additional period as is necessary to ensure that the health of an animal is not in serious danger, as determined by the Secretary, but not to exceed 60 days.''. SEC. 5. AUTHORITY TO APPLY FOR INJUNCTIONS. Section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended-- (1) in subsection (a), by inserting ``or that any person is acting as a dealer or exhibitor without a valid license that has not been suspended or revoked, as required by this Act,'' after ``promulgated thereunder,''; (2) in subsection (b), by striking the last sentence; and (3) by adding at the end the following: ``(c) Injunctions; Representation.-- ``(1) Injunctions.--The Secretary may apply directly to the appropriate United States district court for a temporary restraining order or injunction described in subsection (a). ``(2) Representation.--Attorneys of the Department of Agriculture may represent the Secretary in United States district court in any civil action brought under this section.''. SEC. 6. CONFORMING AMENDMENT. Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended by striking ``: Provided however,'' and all that follows. SEC. 7. EFFECT ON STATE LAW. Nothing in this Act or the amendments made by this Act preempts any State law (including a regulation) that provides stricter requirements than the requirements provided in the amendments made by this Act.
Pet Animal Welfare Statute of 2005 - Amends the Animal Welfare Act to revise the definition of dealer (in animals) to include: (1) sellers of dogs imported from outside the United States; and (2) persons who sell more than 25 dogs or cats or who whelp for sale more than six litters of dogs or cats annually. Defines "retail pet store" for purposes of the Act as a public retail establishment that sells animals commonly kept as pets in U.S. households (e.g., dogs, cats, guinea pigs, rabbits, and hamsters). Excludes from such definition: (1) a person breeding animals to sell to the public as pets; (2) a person selling hunting, security, or breeding dogs; or (3) a person selling wild animals. Requires dealers and retail pet stores to provide the Secretary of Agriculture with source records relating to the purchase or acquisition of dogs and cats. Authorizes the Secretary to extend the period for the temporary suspension of a dealer license for a violation of the Act from 21 to 60 days, if the Secretary believes that such violation will continue past the initial 21-day period and will jeopardize the health of any animal. Authorizes the Secretary to apply directly to a U.S. district court for a temporary restraining order or injunction to address violations of the Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Safety and Accountability Act of 2010''. SEC. 2. FINDINGS. Congress finds that it is essential and in the public interest that-- (1) the health and welfare of consumers be protected by ensuring that meat and meat food products distributed to consumers are wholesome and not adulterated or contaminated; and (2) Federal meat inspection programs identify all sources, including the slaughterhouse source, of original adulteration and contamination of enteric foodborne pathogens in meat in any case in which-- (A) lab samples test positive for enteric pathogen adulteration or contamination; or (B) adulterated or contaminated meat is found in commerce, including foodborne outbreaks. SEC. 3. DEFINITIONS. Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following: ``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne pathogen' means live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, specifically E. coli 0157: H7 and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. ``(y) Establishment.--The term `establishment' means any person, firm, meat broker, renderer, or animal food manufacturer.''. SEC. 4. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. Section 8 of the Federal Meat Inspection Act (21 U.S.C. 608) is amended-- (1) by striking ``Sec. 8. The Secretary'' and inserting the following: ``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. ``(a) In General.--The Secretary''; (2) by inserting ``or contaminated'' after ``adulterated''; and (3) by adding at the end the following: ``(b) Sampling Protocols.-- ``(1) In general.--In carrying out this Act, the Secretary shall implement sampling protocols using methods and technologies to enable personnel of the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. ``(2) Requirements.-- ``(A) In general.--Sampling protocols shall include the collection of documentary and other relevant material to enable rapid tracing, including-- ``(i) establishment identification data; ``(ii) a description of the meat or meat food product; ``(iii) shipping marks; ``(iv) bar coding; and ``(v) disclosure of sole-source or multiple-source origin. ``(B) Timing.--The collection of documentary and other relevant material to enable rapid tracing under subparagraph (A) shall occur at the time that samples of the relevant meat or meat food product are collected. ``(C) Certification.--The onsite inspector and a responsible establishment representative shall certify that the documentary and other tracing material collected under subparagraph (A) is complete and accurate. ``(3) Tracing of adulterated and contaminated meat and meat food products.--If a meat or meat food product sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens, the Secretary shall immediately conduct a trace-- ``(A) to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments; and ``(B) to identify the original source of adulteration or contamination. ``(4) Subsequent sampling.--If a raw ground meat sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, the Secretary shall require subsequent sampling at the establishment, and any establishments supplying that establishment, each day for a minimum of 15 consecutive days after the date on which the adulterated or contaminated sample is collected.''.
Meat Safety and Accountability Act of 2010 - Amends the Federal Meat Inspection Act to require the Secretary to implement sampling protocols to enable Food Safety and Inspection Service personnel to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding adulteration and contamination sources, including preparation, packaging, and slaughtering establishments, to determine the original contamination source. Requires, if a meat or meat food product sample tests positive for enteric foodborne pathogen contamination, a trace to identify: (1) adulteration and contamination sites, including preparation, packaging, and slaughtering establishments; and (2) the original adulteration or contamination source. Requires, if a raw ground meat sample tests positive for enteric foodborne pathogen contamination at a preparation, packaging, or slaughtering establishment, subsequent daily sampling at the establishment and any supplying establishments for at least 15 consecutive days after the date on which the adulterated or contaminated sample is collected.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen the Earned Income Tax Credit Act of 2009''. SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT. (a) Reduction in Marriage Penalty.-- (1) In general.--Subparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``increased by'' and all that follows and inserting ``increased by $5,000.''. (2) Inflation adjustment.--Clause (ii) of section 32(j)(1)(B) of such Code is amended-- (A) by striking ``$3,000 amount in subsection (b)(2)(B)(iii)'' and inserting ``$5,000 amount in subsection (b)(2)(B)'', and (B) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (b) Increase in Credit Percentage for Families With 3 or More Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 (relating to percentages) is amended-- (1) by striking ``2 or more qualifying children'' in the second row and inserting ``2 qualifying children'', and (2) by inserting after the second row the following new item: ---------------------------------------------------------------------------------------------------------------- ``3 or more qualifying children.................................. 45................................... 21.06' '. ---------------------------------------------------------------------------------------------------------------- (c) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$4,220'' in the second column and inserting ``$7,250'', and (B) by striking ``$5,280'' in the last column and inserting ``$14,500''. (2) Transitional phaseout amount for 2009.-- (A) In general.--Section 32(b)(2) of such Code, as amended by subsection (a), is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Transitional phaseout amount for eligible individuals with no qualifying children in 2009.--In the case of taxable years beginning in 2009, the phaseout amount for an eligible individual with no qualifying children shall be $13,800.''. (B) Conforming amendment.--Subparagraph (C) of section 32(b)(2) of such Code, as redesignated by paragraph (2), is amended by inserting ``or (B)'' after ``subparagraph (A)''. (3) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in clause (i)-- (i) by inserting ``(other than the amounts relating to individuals with no qualifying children)'' after ``(b)(2)(A)'', and (ii) by striking ``and'' at the end, (B) in clause (ii)-- (i) by striking ``(b)(2)(B)'' and inserting ``(b)(2)(C) and the $7,250 amount in the table in subsection (b)(2)(A)'', and (ii) by striking the period and inserting ``, and'', and (C) by adding at the end the following new clause: ``(iii) in the case of the $14,500 amount in the table in subsection (b)(2)(A), by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) of such section 1.''. (d) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``7.65'' in the second column of the third row and inserting ``15.3'', and (2) by striking ``7.65'' in the third column of the third row and inserting ``15.3''. (e) Credit Allowed for Certain Childless Individuals Over Age 21.-- Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by striking ``age 25'' and inserting ``age 21''. (f) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by adding at the end the following new paragraph: ``(G) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G)''. (g) Elimination of Disqualified Investment Income Test.-- (1) In general.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (2) Conforming amendments.-- (A) Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended-- (i) by striking ``subsections'' and inserting ``subsection'', and (ii) by striking ``and (i)(1)''. (B) Section 32(j)(2) of such Code is amended to read as follows: ``(2) Rounding.--If any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10.''. (h) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual), as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other parent of such child who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. (j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of such Act) shall not apply to section 303 of such Act.
Strengthen the Earned Income Tax Credit Act of 2009 - Amends the Internal Revenue Code to: (1) make permanent the reduction in the marriage penalty applicable to the earned income tax credit; (2) increase the rate of such credit for families with three or more children and for individuals without children; (3) modify earned income tax credit requirements relating to abandoned spouses and qualifying children; and (4) repeal provisions denying such credit for individuals with excessive investment income.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Responding to Urgent needs of Survivors of the Holocaust Act'' or the ``RUSH Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS Subtitle A--Definition, Grants, and Other Programs Sec. 101. Definition. Sec. 102. Organization. Sec. 103. Area plans. Sec. 104. State plans. Sec. 105. Consumer contributions. Sec. 106. Program authorized. Sec. 107. Prevention of elder abuse, neglect, and exploitation. Subtitle B--Functions Within Administration for Community Living To Assist Holocaust Survivors Sec. 121. Designation of individual within the Administration. Sec. 122. Annual report to Congress. TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS Sec. 201. Nutrition services. TITLE III--TRANSPORTATION SERVICES AND RESOURCES Sec. 301. Transportation services. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to include ``older individuals who are Holocaust survivors'' in the list of groups that receive preference for services as defined in section 305(a)(2)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E)); (2) to designate within the Administration on Aging an individual to have responsibility for older individuals who are Holocaust survivors; (3) to ensure that meals provided by the Act meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements; and (4) to support programs that enable the mobility and self- sufficiency of older individuals with greatest economic need and individuals with greatest social need by providing transportation services and resources. SEC. 3. FINDINGS. Congress finds the following: (1) During the Holocaust, which took place between 1933 and 1945, an estimated 6,000,000 Jews, as well as millions from other targeted groups, were murdered by the Nazis and their collaborators. (2) The United States Holocaust Memorial Museum Encyclopedia estimates that more than 200,000 Jews found refuge in the United States from 1933 to 1945 and that approximately 137,000 Jewish refugees had settled in the United States from 1945 to 1952. (3) Jewish refugees continued to immigrate to the United States from Europe and countries of the former Soviet Union over the subsequent decades. (4) According to the Conference on Jewish Material Claims Against Germany's 2011 Worldbook: A Guide to Claims Conference Programs Worldwide, the ``Estimated Nazi Victim Population'' in the United States is 120,935, down from an estimated 127,300 in 2010. (5) According to the Conference on Jewish Material Claims Against Germany's 2011 Worldbook: A Guide to Claims Conference Programs Worldwide, 3 in 5 of Nazi victims currently residing in the United States are women, and while the average age of a Nazi victim is 80, nearly one-quarter are age 85 or older. (6) Holocaust survivors continue to live with the unique mental and physical scars of the unconscionable trauma caused by the Holocaust, and while institutionalized settings are beneficial for some older people, the consequences of institutionalization can have a particular adverse effect on Holocaust survivors. (7) For many Holocaust survivors, institutionalized settings produce sights, sounds, smells, emotions, and routines that can induce panic, anxiety, and re-traumatization as a result of experiences from the Holocaust. (8) According to Findings from the National Jewish Population Survey 2000-01, a Jewish Federations of North America Report produced in December 2003, ``victims are more economically and socially vulnerable, report poorer health and more health problems, and have somewhat greater social service needs''. They also report poorer health and more disabilities that limit daily activities compared to non-victims. (9) Low-income Holocaust survivors are more reliant on social service programs than most other older Americans, and proportionally more Holocaust survivors need services such as personal care, home-delivered and congregate meals, transportation, counseling, and mental health support to promote health and quality of life. (10) Community organizations serving Holocaust survivors report that approximately two-thirds of Holocaust survivors live alone, and living alone is a risk factor for hospitalization and nursing home admission, poverty, falls, depression, poor nutrition, social isolation, and loneliness, which have been associated with poor health outcomes and an increased risk of death. (11) According to Findings from the National Jewish Population Survey 2000-01, more than half of all Holocaust survivors who immigrated to the United States from the former Soviet Union after 1965 have annual incomes beneath the Federal poverty threshold and constitute an extremely vulnerable at- risk population in the United States. (12) Community organizations serving Holocaust survivors report that transportation is vital to help Holocaust survivors attend medical appointments, shop and purchase necessary items, visit family and friends, and participate in cultural, recreational, or social events, such as congregate meals or religious services. (13) As the general population of older adults increases and public or philanthropic resources remain constant, providers serving older adults including Holocaust survivors need additional capacity to cover the needed services. (14) The Administration for Community Living in the United States Department of Health and Human Services serves as the Federal agency responsible for increasing access to community supports, while focusing attention and resources on the unique needs of older Americans and people with disabilities across the lifespan. (15) The Administration for Community Living's mission is to maximize the independence, well-being, and health of older adults, people with disabilities, and their families and caregivers. (16) Many social service agencies that receive funding under the Older Americans Act for home-delivered or congregate meals serve diverse seniors with specialized dietary needs based on religious, cultural, or ethnic requirements, and the necessary special meals often cost more than non-special meals. TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS Subtitle A--Definition, Grants, and Other Programs SEC. 101. DEFINITION. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended-- (1) in paragraph (24)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) status as a Holocaust survivor.''; (2) by redesignating paragraphs (26) through (54) as paragraphs (27) through (55); and (3) by inserting after paragraph (25) the following: ``(26) The term `Holocaust survivor' means an individual who-- ``(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or ``(ii) fled from a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; ``(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and ``(C) was a member of a group that was persecuted by the Nazis.''. SEC. 102. ORGANIZATION. Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in paragraph (1)(E), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; and (2) in paragraph (2)(E), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 103. AREA PLANS. Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(I)(bb), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; and (II) in clause (ii), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; (ii) in subparagraph (B)(i)-- (I) in subclause (VI), by striking ``and'' at the end; and (II) by inserting after subclause (VII) the following: ``(VIII) older individuals who are Holocaust survivors; and''; and (iii) in subparagraph (B)(ii), by striking ``subclauses (I) through (VI)'' and inserting ``subclauses (I) through (VIII)''; and (C) in paragraph (7)(B)(iii), by inserting ``in particular, older individuals who are Holocaust survivors,'' after ``placement,''; and (2) in subsection (b)(2)(B), by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 104. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) in paragraph (4), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; (2) in paragraph (16)-- (A) in subparagraph (A)-- (i) in clause (v), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(vii) older individuals who are Holocaust survivors; and''; and (B) in subparagraph (B), by striking ``clauses (i) through (vi)'' and inserting ``clauses (i) through (vii)''; and (3) in paragraph (28)(B)(ii), by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 105. CONSUMER CONTRIBUTIONS. Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended-- (1) in subsection (c)(2), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; and (2) in subsection (d), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 106. PROGRAM AUTHORIZED. Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(c)(2)(A)) is amended by striking ``individuals)'' and inserting ``individuals and older individuals who are Holocaust survivors)''. SEC. 107. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) older individuals who are Holocaust survivors.''. Subtitle B--Functions Within Administration for Community Living To Assist Holocaust Survivors SEC. 121. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION. The Administrator for Community Living is authorized to designate within the Administration for Community Living a person who has specialized training, background, or experience with Holocaust survivor issues to have responsibility for implementing services for older individuals who are Holocaust survivors. SEC. 122. ANNUAL REPORT TO CONGRESS. The Administrator for Community Living, with assistance from the individual designated under section 121, shall prepare and submit to Congress an annual report on the status and needs, including the priority areas of concern, of older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are Holocaust survivors. TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS SEC. 201. NUTRITION SERVICES. (a) In General.--Section 339(2) of the Older Americans Act of 1065 (42 U.S.C. 3030g-21(2)) is amended-- (1) in subparagraph (A), by amending clause (iii) to read as follows: ``(iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements,''; (2) in subparagraph (J), by striking ``appropriate, and'' and inserting ``appropriate,''; (3) in subparagraph (K), by striking the period and inserting ``, and''; and (4) by adding at the end the following: ``(L) encourages and educates individuals who distribute nutrition services under subpart 2 to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote well-being.''. (b) Study of Nutrition Projects.--Section 317(a)(2) of the Older Americans Act Amendments of 2006 (Public Law 106-365) is amended-- (1) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) an analysis of service providers' abilities to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration.''. TITLE III--TRANSPORTATION SERVICES AND RESOURCES SEC. 301. TRANSPORTATION SERVICES. (a) In General.--Section 411(a) of the Older Americans Act of 1065 (42 U.S.C. 3032(a)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: ``(13) the support of programs that enable the mobility and self-sufficiency of older individuals with the greatest economic need and older individuals with the greatest social need by providing transportation services and resources; and''.
Responding to Urgent Needs of Survivors of the Holocaust Act or RUSH Act - Amends the Older Americans Act of 1965 to include specifically within its purview older Americans who are Holocaust survivors. Authorizes the Administrator for Community Living to designate, within the Administration for Community Living of the Department of Health and Human Services (HHS), a person with specialized training, background, or experience with issues of Holocaust survivors to implement services for them. Requires a state nutrition project to: (1) ensure that project meals meet the dietary needs of program participants based on religious, cultural, or ethnic requirements; and (2) encourage individuals who distribute nutrition services to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote wellbeing. Amends the Older Americans Act Amendments of 2006 to require the study of nutrition projects to analyze the abilities of service providers to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration. Authorizes the HHS Assistant Secretary for Aging to make grants to or contract with states, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, to support programs that provide transportation services and resources to older individuals with the greatest economic or social need.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Financial Efficiency Act of 2013''. TITLE I--FISCAL AND BUDGET EFFICIENCY SEC. 101. FISCAL YEAR FOR DISTRICT OF COLUMBIA. Section 441(b) of the District of Columbia Home Rule Act (sec. 1- 204.41, D.C. Official Code) is amended to read as follows: ``(b) Authorization To Establish Fiscal Year by Act of Council.-- The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year.''. SEC. 102. AVAILABILITY OF DISTRICT OF COLUMBIA LOCAL FUNDS UPON FAILURE BY CONGRESS TO ENACT LOCAL BUDGET. (a) In General.--Subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section: ``availability of local funds upon failure by congress to enact budget ``Sec. 446C. (a) Availability of Local Funds at Rate Established by Local Law if No Budget Enacted Prior to Beginning of District of Columbia Fiscal Year.-- ``(1) In general.--If, as of the first day of a fiscal year of the District of Columbia (as established under section 441), neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for the fiscal year is in effect, there is appropriated, out of any moneys of the government of the District of Columbia not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year. ``(2) Rate of funding.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be at the rate of operations provided for such project or activity under the local budget act for such fiscal year. ``(3) Termination of period of availability.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cease to be available-- ``(A) during any period of the fiscal year in which a District of Columbia continuing resolution for the fiscal year is in effect; or ``(B) upon the enactment into law of the regular District of Columbia appropriation bill for such fiscal year. ``(b) Terms and Conditions.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available for the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time. ``(c) Period of Coverage.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Restrictions on Programs or Activities Subject to Other Appropriations Acts.--This section shall not apply to a project or activity during any period of a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(e) Protection of Other Obligations.--Nothing in this section shall be construed to effect obligations of the government of the District of Columbia mandated by other law. ``(f) Definitions.--In this section-- ``(1) the term `District of Columbia continuing resolution' means, with respect to a fiscal year, any joint resolution making continuing appropriations for the fiscal year which includes continuing appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District; ``(2) the term `local budget act' means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as submitted by the Mayor to the President for transmission to Congress pursuant to section 446; and ``(3) the term `regular District of Columbia appropriation bill' means, with respect to a fiscal year, an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the fiscal year for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(g) Effective Date.--This section shall apply with respect to fiscal year 2015 and each succeeding fiscal year.''. (b) Conforming Amendment.--Section 446 of such Act (sec. 1-204.46, D.C. Official Code) is amended by inserting ``section 446C,'' after ``section 446B,''. (c) Clerical Amendment.--The table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following: ``446C. Availability of local funds upon failure by Congress to enact budget.''. TITLE II--COMPENSATION OF CHIEF FINANCIAL OFFICER SEC. 201. INCREASE IN MAXIMUM COMPENSATION. (a) Maximum Compensation.--Section 424(b)(2)(E) of the District of Columbia Home Rule Act (sec. 1-204.24(b)(2)(E), D.C. Official Code) is amended to read as follows: ``(E) Pay.--The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act.
District of Columbia Financial Efficiency Act of 2013 - Amends the District of Columbia Home Rule Act to authorize a change of the District of Columbia fiscal year by an Act of the D.C. Council. Appropriates, out of any moneys of the District of Columbia government not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year, if as of the first day of the District government fiscal year neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for such fiscal year is in effect. Declares that an appropriation and funds made available or authority granted for a project or activity for a fiscal year under this Act shall be at the rate of operations provided for it under the local budget act for the fiscal year. Terminates such an appropriation and the availability of those funds: (1) during any period of the fiscal year in which a District of Columbia continuing resolution for the fiscal year is in effect, or (2) upon enactment of the regular District of Columbia appropriation bill for such fiscal year. Specifies restrictions on programs or activities subject to other appropriations Acts. States that nothing in this Act shall be construed to effect obligations of the District government mandated by other law. Increases the salary of the District's Chief Financial Officer to a rate that does not exceed the total annual compensation payable to the Vice President (currently, that does not exceed the rate at level I of the Executive Schedule).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistan Terrorism Accountability Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Pakistan, through the Inter-Services Intelligence (ISI) organization, maintains control and influence in Afghanistan through militant Islamic networks, such as the Haqqani Network, in order to secure its strategic position and expand its sphere of influence, not only in Afghanistan, but also in Kashmir and against India. (2) A 2011 report published by the Combating Terrorism Center at West Point states that during the 1980s: ``[T]he Pakistani state has long been a core sponsor and beneficiary of the Haqqani network. During the 1980s Jalaluddin [Haqqani] quickly rose to be one of the ISI's most favored field commanders and the support he provided would have a significant impact upon Pakistan's security establishment and the jihad in Kashmir in the years to follow . . . Yet, Pakistan's favored Afghan proxy is also the very same actor that has served as al- Qaida's primary local enabler for over two decades. Given the ISI's historical sponsorship of the Haqqani network, it is highly unlikely that Pakistan has not been aware of this history.''. (3) The Government of Pakistan, including the ISI Directorate, has long supported the Haqqani Network, including by supporting the following: (A) Attacks on the United States Embassy in Kabul and NATO Headquarters on September 12, 2011. (B) Attack on the Combat Post Sayed Abad, Wardak Province, Afghanistan, on September 10, 2011. (C) Attack on the Hotel-Intercontinental Kabul on June 28, 2011. (D) Attack on the Kabul Bank on February 19, 2011. (E) Continued attacks on United States-funded road construction projects across Afghanistan. (F) Attack on Forward Operating Base Chapman on December 30, 2009. (G) Attack on Forward Operating Base Salerno on May 13, 2009. (H) Attack on the Khost Governor's office on May 12, 2009. (I) Attack on Forward Operating Base Salerno on May 13, 2009. (J) Attacks on the Afghan Ministries of Justice, Education, and Prison Directorate on February 11, 2009. (K) Attack on the Germany Embassy in Kabul in January 2009. (L) Attack on Afghan Intelligence Headquarters, Khost, in December 2008. (M) Kidnapping of journalist David Rohde on November 10, 2008. (N) Bombing of the Indian Embassy in Kabul on July 7, 2008. (O) Assassination attempt on Hamid Karzai on April 27, 2008. (P) Kidnapping of British journalist Sean Langan in March 2008. (Q) Attack on Sabari district center in Khost on March 3, 2008. (R) Attack on Kabul Serena Hotel on January 14, 2008. (4) On September 17, 2011, the Voice of America reported that ``The United States has suspected Pakistan's intelligence agency has ties to the Haqqani network and other militant groups in Afghanistan but rarely says so publicly. The U.S. and NATO have blamed the Haqqani network for attacks on U.S. and NATO troops and on U.S. targets, including the September 13 strike against the U.S. Embassy in Kabul.''. (5) Former Chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, stated that ``with ISI support, Haqqani operatives planned and conducted that truck bomb attack, as well as the assault on our embassy [in September 2011] . . . We also have credible evidence that they were behind the June 28th attack against the Inter-Continental Hotel in Kabul and a host of other smaller but effective operations.''. Mullen continued ``the Haqqani network acts as a veritable arm of Pakistan's Inter-Services Intelligence agency.''. (6) Admiral Mike Mullen was quoted in Dawn, a major English language newspaper in Pakistan, that ``It's fairly well known that the ISI has a longstanding relationship with the Haqqani network . . . Haqqani is supporting, funding, training fighters that are killing Americans and killing coalition partners.''. (7) On April 19, 2012, the Associated Press reported that the United States Ambassador to Afghanistan, Ryan Crocker, stated that there is ``no question'' that the Haqqani network was behind this week's brazen attacks on Kabul and other eastern cities and said Pakistan needs to do more to clamp down on the group's safe havens and that ``There is no question in our mind that the Haqqanis were responsible for these attacks.''. Crocker also stated that ``We know where their leadership lives and we know where these plans are made. They're not made in Afghanistan. They're made in Miram Shah, which is in North Waziristan, which is in Pakistan.''. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to limit United States foreign assistance to Pakistan if Pakistan's military or intelligence services continue to support or provide assistance to organizations that target United States citizens. SEC. 4. LIMITATION ON UNITED STATES FOREIGN ASSISTANCE TO PAKISTAN. (a) Limitation.--Of the amounts made available for assistance to Pakistan for fiscal year 2013 or any subsequent fiscal year, the President shall withhold $50,000,000 for each United States citizen who is killed as a result of actions of Pakistan's Inter-Services Intelligence (ISI) or support provided by the ISI to other organizations or individuals, including the Haqqani Network. (b) Certification.--The Secretary of Defense shall, not later than the first day of each month of the fiscal years described in subsection (a), certify to Congress the number of United States citizens who, during the immediately preceding month, have been killed as a result of actions or support described in subsection (a). (c) Fund.--Amounts withheld pursuant to subsection (a) shall, notwithstanding any other provision of law, be administered by the Department of Defense and made available on an equitable basis to provide payments to survivors of United States citizens described in subsection (a).
Pakistan Terrorism Accountability Act of 2012 - States that it shall be U.S. policy to limit U.S. foreign assistance to Pakistan if Pakistan's military or intelligence services continue to support or provide assistance to organizations that target U.S. citizens. Directs the President to withhold $50 million from amounts made available for Pakistan for FY2013 or any subsequent fiscal year for each U.S. citizen who is killed as a result of actions of Pakistan's Inter-Services Intelligence (ISI) or support provided by ISI to other organizations or individuals, including the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy to Combat Terrorist Travel Act of 2016''. SEC. 2. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL. (a) Sense of Congress.--It is the sense of Congress that it should be the policy of the United States to-- (1) continue to regularly assess the evolving terrorist threat to the United States; (2) catalogue existing Federal Government efforts to obstruct terrorist and foreign fighter travel into, out of, and within the United States, as well as overseas; (3) identify such efforts that may benefit from reform or consolidation, or require elimination; (4) identify potential security vulnerabilities in United States defenses against terrorist travel; and (5) prioritize resources to address in a risk-based manner any such security vulnerabilities. (b) National Strategy and Updates.-- (1) In general.--In accordance with paragraph (2), the President shall transmit to the appropriate congressional committees a national strategy (including, as appropriate, updates to such strategy) to combat terrorist travel. The strategy shall address efforts to intercept terrorists and foreign fighters and constrain the domestic and international travel of such persons. Consistent with the protection of classified information, the strategy shall be submitted in unclassified form, including, as appropriate, a classified annex. (2) Timing.-- (A) Initial strategy.--The initial national strategy required under paragraph (1) shall be transmitted not later than 180 days after the date of the enactment of this Act. (B) Updated strategies.--Updated national strategies under paragraph (1) shall be transmitted not later than 180 days after the commencement of a new presidential administration. (3) Coordination.--The President shall direct the Secretary of Homeland Security to develop the initial national strategy and updates required under this subsection and shall direct, as appropriate, the heads of other Federal agencies to coordinate with the Secretary in the development of such strategy and updates. (4) Contents.--The initial national strategy and updates required under this subsection shall-- (A) include an accounting and description of all Federal Government programs, projects, and activities to constrain domestic and international travel by terrorists and foreign fighters; (B) identify specific security vulnerabilities within the United States and abroad that may be exploited by terrorists and foreign fighters; (C) delineate goals for-- (i) closing the security vulnerabilities identified in accordance with subparagraph (B); and (ii) enhancing the Federal Government's ability to constrain domestic and international travel by terrorists and foreign fighters; and (D) describe actions to be taken to achieve the goals delineated in subparagraph (C), as well as the means needed to do so, including-- (i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment; (ii) new programs, projects, or activities that are requested, under development, or undergoing implementation; (iii) new authorities or changes in existing authorities needed from Congress; (iv) specific budget adjustments being requested to enhance United States security in a risk-based manner; and (v) an identification of Federal departments and agencies responsible for specific actions described in this subparagraph. (5) Sunset.--The requirement to transmit updated national strategies under this subsection shall terminate on the date that is 7 years after the date of the enactment of this Act. (c) Development of Implementation Plans.--For each national strategy required under subsection (b), the President shall direct the Secretary of Homeland Security to develop an implementation plan for the Department of Homeland Security and coordinate with the heads of other relevant Federal agencies to ensure the development of implementing plans for each such agency. (d) Implementation Plans.-- (1) In general.--The President shall transmit to the appropriate congressional committees implementation plans for each national strategy required under subsection (b). Consistent with the protection of classified information, each such implementation plan shall be transmitted in unclassified form, but may include a classified annex. (2) Timing.--The implementation plans referred to in paragraph (1) shall be transmitted simultaneously with each national strategy required under subsection (b). Such implementation plans shall be updated and transmitted to the appropriate congressional committees on an annual basis. (3) Sunset.--The requirement to transmit implementation plans under paragraph (1) shall terminate on the date that is 10 years after the date of the enactment of this Act. (e) Prohibition on Additional Funding.--No additional funds are authorized to be appropriated to carry out this section. (f) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) in the House of Representatives-- (A) the Committee on Homeland Security; (B) the Committee on Armed Services; (C) the Permanent Select Committee on Intelligence; (D) the Committee on the Judiciary; (E) the Committee on Foreign Affairs; and (F) the Committee on Appropriations; and (2) in the Senate-- (A) the Committee on Homeland Security and Governmental Affairs; (B) the Committee on Armed Services; (C) the Select Committee on Intelligence; (D) the Committee on the Judiciary; (E) the Committee on Foreign Relations; and (F) the Committee on Appropriations. Passed the House of Representatives February 23, 2016. Attest: KAREN L. HAAS, Clerk.
National Strategy to Combat Terrorist Travel Act of 2016 (Sec. 2) This bill requires the President to transmit to Congress a national strategy to combat terrorist travel. Such strategy shall address efforts to intercept terrorists and foreign fighters and constrain domestic and international travel by such persons. The President shall direct: (1) the Department of Homeland Security (DHS) to develop the initial national strategy, an updated strategy (to be submitted within 180 after the commencement of a new presidential administration), and implementation plans for each national strategy; and (2) other federal agencies to coordinate with DHS in the development and implementation of such strategy and updates. The initial national strategy and updates shall: include an accounting and description of all federal government programs, projects, and activities to constrain travel by terrorists and foreign fighters; identify specific security vulnerabilities within the United States and abroad that may be exploited by such persons; delineate goals for closing those vulnerabilities and enhancing the federal government's ability to constrain such travel; and describe actions and the means needed to achieve such goals. The requirement to transmit: (1) updated national strategies shall terminate 7 years after the date of enactment of this Act, and (2) implementation plans shall terminate 10 years after such date.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Permanency for Youth in Foster Care Act''. SEC. 2. EXTEND THE ADOPTION INCENTIVE PAYMENT PROGRAM TO INCENTIVE PAYMENTS FOR FOSTER CHILD EXITS TO REUNIFICATION, ADOPTION, AND GUARDIANSHIP. (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (1) in the section heading, by striking ``adoption'' and inserting ``permanency''; (2) in subsection (a), by striking ``adoption'' and inserting ``permanency''; (3) in subsection (b)-- (A) by striking paragraph (2); (B) in paragraph (5), by striking ``2008 through 2012'' and inserting ``2013 through 2017''; and (C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (4) in subsection (c)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--A State is in compliance with this subsection for a particular fiscal year if the State has provided to the Secretary the data described in paragraph (2) for fiscal year 2010 and each succeeding fiscal year through the fiscal year second preceding the particular fiscal year. ``(2) Determination of numbers of exits based on afcars data.--The Secretary shall determine the numbers of exits to reunification, adoption, and guardianship in a State during a fiscal year, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.''; and (B) by adding at the end the following: ``(4) Annual reports to the secretary.--Beginning 24 months after the effective date of this paragraph, each State to which a payment is made under this section for a fiscal year shall submit to the Secretary and shall make available to the public annual reports on the amount of the payment that is attributable to exits to reunification, the amount that is attributable to exits to adoption, and the amount that is attributable to exits to guardianship, and a breakdown of how the State used the total payment to improve or expand the provision of post-permanency services in the State.''; (5) by striking subsection (d) and inserting the following: ``(d) Permanency Incentive Payment.-- ``(1) In general.--Except as provided in paragraph (2), the permanency incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of-- ``(A) $2,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption in the State during the fiscal year exceeds the projected number of exits to adoption in the State for the fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship in the State during the fiscal year exceeds the projected number of exits to guardianship in the State for the fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification in the State during the fiscal year exceeds the projected number of exits to reunification in the State for the fiscal year; ``(B) $8,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption of older children in the State during the fiscal year exceeds the number of exits to adoption of older children in the State for the base fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship of older children in the State during the fiscal year exceeds the number of exits to guardianship of older children in the State for the base fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification of older children in the State during the fiscal year exceeds the number of exits to reunification of older children in the State for the base fiscal year; ``(C) $6,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption of pre-adolescent children in the State during the fiscal year exceeds the number of exits to adoption of pre- adolescent children in the State for the base fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship of pre- adolescent children in the State during the fiscal year exceeds the number of exits to guardianship of pre-adolescent children in the State for the base fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification of pre- adolescent children in the State during the fiscal year exceeds the number of exits to reunification of pre-adolescent children in the State for the base fiscal year; and ``(D) $4,000, multiplied by the amount (if any) by which the number of special needs adoptions of young children in the State during the fiscal year exceeds the number of special needs adoptions of young children in the State for the base fiscal year. ``(2) Pro rata adjustment if insufficient funds available.--For any fiscal year, if the total amount of permanency incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the permanency incentive payment payable to each State under this section for the fiscal year shall be-- ``(A) the amount of the permanency incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by ``(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of permanency incentive payments otherwise payable under this section for the fiscal year.''; (6) in subsection (f), by striking ``any service (including post-adoption services) that may be provided under part B or E.'' and inserting ``post-permanency services to help ensure that children remain with the families with whom they have been reunified, adopted, or placed for guardianship, and a State shall not use the amount to supplant other funds being used for the services.''; (7) by striking subsection (g) and inserting the following: ``(g) Definitions.--In this section: ``(1) Adoption.--The term `adoption' means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. ``(2) Base fiscal year.--The term `base fiscal year' means fiscal year 2012. ``(3) Exit to reunification.--The term `exit to reunification' means, with respect to a State and a fiscal year, the permanent reunification of a child who was in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year, excluding any such placement of children who returned to foster care in the fiscal year. ``(4) Foster children.--The term `foster children' means, with respect to a State and a fiscal year, children in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year. ``(5) Guardianship.--The term `guardianship' means the placement with a relative guardian of a child with respect to whom-- ``(A) a payment is made under section 474(a)(5); or ``(B) a payment is made using only State or local guardianship assistance funds, and the case plan for the child documents the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted. ``(6) Older children.--The term `older children' means children who have attained 14 years of age. ``(7) Adoption placement rate.--The term `adoption placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to adoption in the State during the fiscal year; divided by ``(B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. ``(8) Guardianship placement rate.--The term `guardianship placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to guardianship in the State during the fiscal year; divided by ``(B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. ``(9) Reunification placement rate.--The term `reunification placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to reunification in the State during the fiscal year; divided by ``(B) the number of foster children with respect to the State for the fiscal year. ``(10) Post-permanency services.--The term `post-permanency services' means the services needed once children and youth have been reunified, adopted, or placed with guardians to stabilize and support the child and family, including-- ``(A) financial support; ``(B) case management; ``(C) connections with community services; ``(D) individual, group and family counseling and other mental health services; ``(E) respite care; and ``(F) training of public and private child welfare staff on delivering post-permanency services. ``(11) Pre-adolescent children.--The term `pre-adolescent children' means children who have attained 9 years of age but have not attained 14 years of age. ``(12) Projected number of exits to adoption.--The term `projected number of exits to adoption' means, with respect to a State and a fiscal year-- ``(A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by ``(B) the average of the adoption placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(13) Projected number of exits to guardianship.--The term `projected number of exits to guardianship' means, with respect to a State and a fiscal year-- ``(A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by ``(B) the average of the guardianship placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(14) Projected number of exits to reunification.--The term `projected number of exits to reunification' means, with respect to a State and a fiscal year-- ``(A) the number of foster children with respect to the State for the fiscal year; multiplied by ``(B) the average of the reunification placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(15) Reunification.--The term `reunification' means an exit from foster care to a relative with whom the child was living before the placement into foster care or to another relative. ``(16) Special needs adoption.--The term `special needs adoption' means the final adoption of a child-- ``(A) who has special needs (as defined by the State); or ``(B) for whom an adoption assistance agreement is in effect under section 473. ``(17) Young children.--The term `young children' means children who have not attained 9 years of age.''; (8) in subsection (h)(1)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following: ``(E) $60,000,000 for each of fiscal years 2014 through 2018.''; and (9) in subsection (i)-- (A) by striking paragraphs (1) through (3) and inserting the following: ``(1) In general.--The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of exits to adoption, guardianship, and reunification. ``(2) Description of the character of the technical assistance.--The technical assistance provided under paragraph (1) shall support the goal of encouraging more permanent exits of children from foster care, and may include the following: ``(A) Models that encourage child-specific and child-focused efforts to recruit permanent families for children. ``(B) Models that encourage the use of intensive family-finding efforts. ``(C) Models to encourage the use of concurrent planning. ``(D) The development of permanency units and specialized expertise to help move children promptly to permanency goals. ``(E) The development of assessment tools to facilitate appropriate reunification or other permanency options. ``(F) The development of best practice guidelines for expediting permanency for children and, where, appropriate, termination of parental rights. ``(G) Development of programs that place children into pre-adoptive families while termination of parental rights is being pursued. ``(H) Models to encourage the fast tracking of children who have not attained 1 year of age and cannot be reunified, into permanent adoptive or guardianship families. ``(I) Models that require ongoing consulting with children who have attained 9 years of age about their permanency goal, including asking the children and youth about any adults who may serve as permanent parents through adoptions or guardianship. ``(J) Development of strategies designed to promote the use by a State of the guardianship assistance program under this part.''; and (B) in paragraph (4)-- (i) by striking ``(4)'' and inserting ``(3)''; and (ii) by striking ``2004 through 2006'' and inserting ``2014 through 2018''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2013.
Investing in Permanency for Youth in Foster Care Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to extend through FY2017 the Adoption Incentive Payment Program and rename it the Permanency Incentive Program. Requires the Secretary of Health and Human Services (HHS) to determine the number of foster child exits to reunification, adoption, and guardianship (currently, the number of foster child adoptions, special needs adoptions, and older child adoptions) in a state during a fiscal year based on AFCARS data. Replaces adoption incentive payments with specified permanency incentive payments.
{"src": "billsum_train", "title": "Investing in Permanency for Youth in Foster Care Act"}
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SECTION 1. EXTENSION OF RENEWABLE ENERGY CREDIT. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``January 1, 2006'' each place it appears and inserting ``January 1, 2011''. SEC. 2. TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(10) Treatment of persons not able to use entire credit.-- ``(A) Allowance of credit.-- ``(i) In general.--Except as otherwise provided in this subsection-- ``(I) any credit allowable under subsection (a) with respect to a qualified facility owned by a person described in clause (ii) may be transferred or used as provided in this paragraph, and ``(II) the determination as to whether the credit is allowable shall be made without regard to the tax- exempt status of the person. ``(ii) Persons described.--A person is described in this clause if the person is-- ``(I) an organization described in section 501(c)(12)(C) and exempt from tax under section 501(a), ``(II) an organization described in section 1381(a)(2)(C), ``(III) a public utility (as defined in section 136(c)(2)(B)), which is exempt from income tax under this subtitle, ``(IV) any State or political subdivision thereof, the District of Columbia, any possession of the United States, or any agency or instrumentality of any of the foregoing, or ``(V) any Indian tribal government (within the meaning of section 7871) or any agency or instrumentality thereof. ``(B) Transfer of credit.-- ``(i) In general.--A person described in subparagraph (A)(ii) may transfer any credit to which subparagraph (A)(i) applies through an assignment to any other person not described in subparagraph (A)(ii). Such transfer may be revoked only with the consent of the Secretary. ``(ii) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit described in clause (i) is assigned once and not reassigned by such other person. ``(iii) Transfer proceeds treated as arising from essential government function.-- Any proceeds derived by a person described in subclause (III), (IV), or (V) of subparagraph (A)(ii) from the transfer of any credit under clause (i) shall be treated as arising from the exercise of an essential government function. ``(C) Use of credit as an offset.--Notwithstanding any other provision of law, in the case of a person described in subclause (I), (II), or (V) of subparagraph (A)(ii), any credit to which subparagraph (A)(i) applies may be applied by such person, to the extent provided by the Secretary of Agriculture, as a prepayment of any loan, debt, or other obligation the entity has incurred under subchapter I of chapter 31 of title 7 of the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), as in effect on the date of the enactment of the Energy Tax Incentives Act. ``(D) Credit not income.--Any transfer under subparagraph (B) or use under subparagraph (C) of any credit to which subparagraph (A)(i) applies shall not be treated as income for purposes of section 501(c)(12). ``(E) Treatment of unrelated persons.--For purposes of subsection (a)(2)(B), sales of electricity among and between persons described in subparagraph (A)(ii) shall be treated as sales between unrelated parties.''. (b) Effective Date.--The amendment made by this section shall apply to shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date.
Amends the Internal Revenue Code to: (1) extend through 2010 the tax credit for electricity produced from certain renewable resources (e.g., wind, biomass, poultry waste); (2) allow certain organizations, including tax-exempt organizations, State and local governments, and Indian tribal governments, to sell unused amounts of such tax credit.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue code of 1986 to extend for 5 years the credit for electricity produced from certain renewable resources, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Army Relief Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 2004 National Military Strategy of the United States assigns the Army the task of operating with the other Armed Forces to provide for homeland defense, deter aggression forward from and in four different regions around the world, conduct military operations in two overlapping but geographically disparate major campaigns, and win decisively in one of those campaigns before shifting focus to the next one. (2) The Chairman of the Joint Chiefs of Staff, General Richard Myers, has directed that the Army must be able to ``win decisively'' in one theater, even when it is committed to a number of other contingencies. (3) While Congress lauds the current efforts by the Administration to reduce demands upon ground forces by continuing to pursue the transformation of the United States military as a whole, the recent experiences of the Army in Iraq serve to underscore the fact that there is, as of yet, no substitute for having sufficient troops to conduct personnel- intensive post-conflict missions. (4) The current force requirements posed by the ongoing operations in Iraq, Afghanistan, and elsewhere as part of the Global War on Terror are unsustainable for the long term and undermine the ability of the United States military to successfully execute the National Military Strategy. (5) Although the burden may be a heavy one, we as a nation and as a people must not, will not, shy away from our engagement in world affairs to defend our interests and to defend those who are themselves defenseless. (6) Our engagement in Afghanistan, Iraq, and the greater Middle East is, as Secretary of State Condoleezza Rice stated, a ``generational'' one. (7) Although our commitments in this region--and around the world--are vital, the Army has been ``overused'' according to the Chief of the United States Army Reserve. (8) The Army currently has approximately 499,000 active duty troops, and these are backed up by nearly 700,000 members of the Army National Guard and the Army Reserve. (9) This number is a third less than the force level on hand when the first Persian Gulf War was fought in 1991. (10) Approximately 150,000 of these troops are in Iraq. Nearly 10,000 troops are in Afghanistan. 1,700 serve in Kosovo. 37,000 serve on the Korean peninsula. (11) As of 2005 the relationship between the total number of troops and the number of operationally deployed troops has resulted, as the commanding general of the 18th Corps of the Army at Fort Bragg remarked in 2004, in an active-duty force that is ``stretched extraordinarily thin.'' (12) A former Army Deputy Chief of Staff has stated that in light of the growing operational demands upon it in the strategic environment after September 11, 2001, that the Army ``is too small to do its current missions''. (13) That former Army Deputy Chief of Staff further stated that the current size of the Army, coupled with the current demands upon it, has resulted in a loss of ``the resiliency to provide either strategic balance--what you need if some other thing flares up--or to be able to give a respite as the troops rotate back from overseas areas where they've been in combat.'' (14) In its attempts to fulfill its missions with too few troops, the Army has risked ``damaging'' the force significantly or ``even breaking it in the next five years'', according to a division commander during Operation Desert Storm. (15) In a December 2004 letter to the Chief of Staff, United States Army, the Chief of the United States Army Reserve wrote that ``the current demands'' of operations in the Middle East were ``spreading the Reserve force too thin'' and that his command ``was in grave danger'' of being unable to meet other missions abroad or domestically, and that the Army Reserve was ``rapidly degenerating into a `broken force'''. (16) The letter referred to in paragraph (15) was intended, the Chief of the United States Army Reserve wrote, not ``to sound alarmist. . .[but]. . .to send a clear, distinctive, signal of deepening concern'' to his superiors. (17) In addition to hampering the ability of the Army to successfully complete the missions assigned to it, this ``overuse'' has significant consequences for domestic homeland security operations. (18) A disproportionate number of Federal, State, and local first responders are also members of the National Guard or Reserve. (19) At a time of strain for large municipalities struggling to secure their infrastructure against the threat of terrorism, the drain on available personnel as well as budgets is unacceptable. (20) An increase of the end-strength of the Army is in the best interests of the people of the United States and their interests abroad, and is consistent with the duties and obligations of Congress as set forth in the Constitution. (21) An increase of 100,000 troops over the permanently authorized level for the Army for fiscal year 2004 of 482,000 troops will provide a long-term, lasting solution to the current operational constraints and future mission requirements of the Army. (22) Progress was made toward that solution when Congress authorized an increase of 20,000 troops in the end-strength of the Army for fiscal year 2005 in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375). (23) An increase in the permanent authorized end-strength for the Army of 80,000 troops is required to meet the 100,000- troop increase level that will provide a lasting, long-term solution to personnel problems currently being experienced by the Army. (24) This number will equip the Army with sufficient personnel so that it may not only engage in a stabilization operation like Iraq, but so that it may do so while maintaining optimal troop rotation schedules. (25) This conclusion is supported by the November 2003 testimony of the Director of the Congressional Budget Office, Douglas Holtz-Eakin, before the Committee on Armed Services of the House of Representatives. SEC. 3. INCREASE IN END-STRENGTH FOR THE ARMY. Section 691 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b)(1), the authorization for the number of members of the Army at the end of each fiscal year as follows shall be not less than the number specified for such fiscal year: ``(1) Fiscal year 2006, 522,400. ``(2) Fiscal year 2007, 542,400. ``(3) Fiscal year 2008, 562,400. ``(4) Fiscal year 2009, 582,400. ``(5) Any fiscal year after fiscal year 2009, 582,400.''.
United States Army Relief Act of 2005 - Sets forth the following minimum end-strength levels for active-duty Army personnel (502,400 for FY2005): (1) 522,400 for FY2006; (2) 542,400 for FY2007; (3) 562,400 for FY2008; and (4) 582,400 for FY2009 and thereafter.
{"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for an increase in the minimum end-strength level for active duty personnel for the United States Army, and for other purposes."}
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SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2001 FMAP For Last 2 Calendar Quarters of Fiscal Year 2002.--Notwithstanding any other provision of law, but subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2002 is less than the FMAP as so determined for fiscal year 2001, the FMAP for the State for fiscal year 2001 shall be substituted for the State's FMAP for the third and fourth calendar quarters of fiscal year 2002, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2002 FMAP For Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2003 is less than the FMAP as so determined for fiscal year 2002, the FMAP for the State for fiscal year 2002 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2003, before the application of this section. (c) General 1 Percentage Point Increase for Last 2 Calendar Quarters of Fiscal Year 2002 and Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsections (e) and (f), for each State for the third and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal year 2003, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 1 percentage point. (d) Increase in Cap on Medicaid Payments To Territories.-- Notwithstanding any other provision of law, but subject to subsection (f), with respect to the third and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal year 2003, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2 percent of such amounts. (e) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); or (2) payments under titles IV and XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.). (f) State Eligibility.-- (1) In general.--A State is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2002. (2) Rule of construction.--Nothing in paragraph (1) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (g) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (h) Repeal.--Effective as of October 1, 2003, this section is repealed. SEC. 2. ADDITIONAL TEMPORARY STATE FISCAL RELIEF. (a) In General.--Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is amended by adding at the end the following: ``SEC. 2008. ADDITIONAL TEMPORARY GRANTS FOR STATE FISCAL RELIEF. ``(a) In General.--For the purpose of providing State fiscal relief allotments to States under this section, there are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $4,430,280,000. Such funds shall be available for obligation by the State through June 30, 2004, and for expenditure by the State through September 30, 2004. This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to States of amounts provided under this section. ``(b) Allotment.--Funds appropriated under subsection (a) shall be allotted by the Secretary among the States in accordance with the following table: ------------------------------------------------------------------------ ``State Allotment (in dollars) ------------------------------------------------------------------------ Alabama $48,732,000 Alaska $12,715,000 Amer. Samoa $126,000 Arizona $67,139,000 Arkansas $36,666,000 California $459,264,000 Colorado $40,650,000 Connecticut $61,497,000 Delaware $11,920,000 District of Columbia $17,700,000 Florida $185,836,000 Georgia $98,525,000 Guam $193,000 Hawaii $13,378,000 Idaho $15,587,000 Illinois $156,504,000 Indiana $76,215,000 Iowa $38,784,000 Kansas $31,843,000 Kentucky $65,707,000 Louisiana $75,795,000 Maine $27,392,000 Maryland $65,445,000 Massachusetts $155,344,000 Michigan $133,966,000 Minnesota $83,144,000 Mississippi $48,596,000 Missouri $102,266,000 Montana $11,590,000 Nebraska $24,095,000 Nevada $14,595,000 New Hampshire $15,423,000 New Jersey $126,921,000 New Mexico $32,476,000 New York $693,453,000 North Carolina $127,427,000 North Dakota $8,382,000 N. Mariana Islands $71,000 Ohio $171,776,000 Oklahoma $45,262,000 Oregon $49,868,000 Pennsylvania $231,978,000 Puerto Rico $11,702,000 Rhode Island $24,185,000 South Carolina $57,178,000 South Dakota $9,177,000 Tennessee $119,003,000 Texas $232,167,000 Utah $18,074,000 Vermont $11,545,000 Virgin Islands $189,000 Virginia $63,699,000 Washington $96,068,000 West Virginia $29,260,000 Wisconsin $68,664,000 Wyoming $5,123,000 ------------------------------------------------------------------------ Total $4,430,280,000 ------------------------------------------------------------------------ ``(c) Use of Funds.--Funds appropriated under this section may be used by a State for services directed at the goals set forth in section 2001, subject to the requirements of this title. ``(d) Payment to States.--Not later than 30 days after amounts are appropriated under subsection (a), in addition to any payment made under section 2002 or 2007, the Secretary shall make a lump sum payment to a State of the total amount of the allotment for the State as specified in subsection (b). ``(e) Definition.--For purposes of this section, the term `State' means the 50 States, the District of Columbia, and the territories contained in the list under subsection (b).''. (b) Repeal.--Effective as of January 1, 2005, section 2008 of the Social Security Act, as added by subsection (a), is repealed.
Declares that, if the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for a State for FY 2002 is less than the FMAP for FY 2001, the FY 2001 FMAP shall be substituted for the State's FMAP for the third and fourth calendar quarters of FY 2002. Declares similarly that if a State's FY 2003 FMAP is less than the FY 2002 FMAP, the FY 2002 FMAP shall be substituted for each calendar quarter of FY 2003.Requires each eligible State for the third and fourth calendar quarters of FY 2002 and each calendar quarter of FY 2003 to have its FMAP increased by 1.0 percentage point. Mandates a specified Medicaid payment cap increase for territories. Prohibits application of the FMAP increases for a State under this Act with respect to: (1) disproportionate share hospital payments under Medicaid; and (2) payments under SSA titles IV and XXI (State Children's Health Insurance) (SCHIP).Amends SSA title XX (Block Grants to States for Social Services), for the purpose of providing State fiscal relief allotments to States and territories in accordance with a specified table, to make appropriations to be available for obligation by the State through June 30, 2004, and for expenditure by the State through September 30, 2004.
{"src": "billsum_train", "title": "A bill to temporarily increase the Federal medical assistance percentage for the medicaid program, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Gravity, Zero Tax Act of 2003''. SEC. 2. EXCLUSION OF SPACE-RELATED INCOME FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 140 as section 140A and inserting after section 139 the following new section: ``SEC. 140. SPACE-RELATED INCOME. ``(a) General Rule.--Gross income shall not include space-related income. ``(b) Space-Related Income.-- ``(1) In general.--For purposes of this section, the term `space-related income' means-- ``(A) income derived from the sale by the taxpayer to an unrelated person of-- ``(i) any product or article which is produced by the taxpayer in outer space, and ``(ii) any service provided by the taxpayer in or from outer space, ``(B) income of an individual attributable to services performed in or from outer space by such individual in a trade or business, and ``(C) any amount not described in subparagraph (A) or (B) which is interest, rent, royalty, or similar amount received with respect to production or service described in subparagraph (A) or (B). ``(2) Exception for telecommunications services, etc.-- Paragraph (1)(A)(ii) shall not apply to-- ``(A) any telecommunications service provided from earth orbit, ``(B) any service provided by a weather or other earth observation satellite, and ``(C) any other service provided on or before the date of the enactment of this section of transporting property to or from outer space. ``(3) Exception for wages.--Paragraph (1) shall not apply to wages (as defined in section 3401) received by any employee of an employer. ``(4) Proportional allocation between space-based and earth-based activities.--In the case of any product or article which is produced partly in space, space-related income shall be an amount which bears the same ratio to the amount of gross income attributable to the sale of such product or article as the expenses attributable to producing such product or article in space bears to the total expenses incurred in producing such product or article. ``(5) Produced.--For purposes of this section, the term `produced' includes created, fabricated, developed, grown, manufactured, extracted, processed, cured, and aged. ``(c) Exclusion From Tariffs, Etc.--Any product-- ``(1) which is manufactured in outer space, and ``(2) which was-- ``(A) launched from, and returned to Earth, within the United States, or ``(B) Manufactured at a facility in outer space which is owned by 1 or more United States persons, shall be exempt from all Federal excises, imposts, and duties and any other Federal tariffs. ``(d) Phaseout of Benefits.--In the case of a taxable year beginning after December 31, 2012, the amount excluded under subsection (a) shall be reduced (but not below zero) by x/10th's of the amount excludable without regard to this subsection, where `x' is the number of years such taxable year is after the last taxable year beginning before January 1, 2013. A similar rule shall apply to the benefits under subsection (c).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 140. Space-related income. ``Sec. 140A. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. CREDIT FOR PURCHASE OF QUALIFIED SPACE COMPANY STOCK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. SPACE COMPANY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the space company investment credit determined under this section for any taxable year is the amount paid in the taxable year for the purchase of qualified stock in a qualified space company. ``(b) Qualified Space Company.--For purposes of this section-- ``(1) In general.--The term `qualified space company' means a domestic C corporation if for the 3-taxable-year period ending with the taxable year immediately preceding the taxable year in which qualified stock is purchased-- ``(A) the average annual gross receipts of such entity does not exceed $100,000,000, and ``(B) more than 70 percent of such gross receipts are derived from space-based business. ``(2) Space-based business.--The term `space-based business' means a business whose gross receipts are substantially space-related income, as defined in section 140(b). ``(3) Aggregation rules.--Rules similar to the rules of section 1202(d)(3) shall apply. ``(c) Qualified Stock.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, the term `qualified stock' means any stock in a domestic C corporation if-- ``(A) as of the date of issuance of such stock, such corporation is a qualified space company, and ``(B) except as provided in subsections (f) and (h), such stock is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock). ``(2) Active business requirement.--Stock in a corporation shall not be treated as qualified stock unless, during substantially all of the taxpayer's holding period for such stock-- ``(A) such corporation meets active business requirements substantially similar to the requirements of section 1202(e), determined on the basis that the qualified trade or business is a space-based business, and ``(B) such corporation is a C corporation. ``(3) Certain purchase by corporation of its own stock.-- Rules similar to the rules of section 1202(c)(3) shall apply. ``(e) Recapture.--If, during any taxable year ending with or within the 10-year period beginning on the date qualified stock was purchased by the taxpayer, the issuer of such stock ceases to a qualified space company, the tax under this chapter for such taxable year shall be increased by the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection (a) with respect to such stock. ``(f) Termination.--This section shall not apply to stock acquired after December 31, 2011.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining 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) space company investment credit determined under section 45G(a).''. (c) Conforming Amendments.-- (1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of space company investment credit before january 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the space company investment credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.''. (2) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding at the end the following new paragraph: ``(11) the space company investment credit determined under section 45G(a).''. (3) 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. Space Company Investment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2003. SEC. 4. CAPITAL GAINS EXCLUSION. (a) In General.--(1) Part I of subchapter P of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION FOR GAINS FROM SALE OR EXCHANGE OF STOCK OF QUALIFIED SPACE CORPORATIONS. ``(a) In General.--Gross income shall not include gain on the sale or exchange of any stock of a qualified space corporation. ``(b) Qualified Space Corporation.--For purposes of subsection (a), the term `qualified space corporation' means, with respect to any taxable year, a domestic corporation which is a C corporation if-- ``(1) such corporation is organized exclusively for providing to unrelated persons-- ``(A) any product or article which is produced (within the meaning of section 140(b)(5)) by the corporation in outer space, or ``(B) any service provided by the corporation in or from outer space, and ``(2) At least 90 percent of the expenses of such corporation are attributable to the active conduct of a trade or business of providing a product, article, or service described in paragraph (1). Such term shall not include a corporation providing a service, product, or article described in section 140(b)(2).''. (2) Clerical Amendment.--The table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion for gains from sale or exchange of stock of qualified space corporations.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
Zero Gravity, Zero Tax Act of 2003 - Amends the Internal Revenue Code to exclude from gross income: (1) space-related income; and (2) gain on the sale or exchange of any stock of a qualified space corporation.Establishes a space company investment credit for the purchase of qualified stock in a qualified space company.
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SECTION 1. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Confederated Tribes of Siletz Indians of Oregon. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ADDITION TO RESERVATION. (a) Trust Status.--All right, title, and interest of the United States in and to the surface and mineral estates of certain lands located in Lincoln County, Oregon, that are public domain lands other than-- (1) National Forest lands, (2) the lands of the Oregon and California Railroad, and (3) the Yaquina Head Outstanding Natural Area, are held in trust by the United States for the benefit of the Tribe. (b) Reservation.--Lands held in trust under subsection (a) shall be part of the reservation of the Confederated Tribes of Siletz Indians of Oregon. (c) Legal Description.--The Secretary shall publish in the Federal Register a legal description of the lands that are held in trust under subsection (a). SEC. 3. MANAGEMENT OF RESOURCES. (a) General Authorization.--(1) Notwithstanding the Act of September 4, 1980 (94 Stat. 1072; 25 U.S.C. 711e note); sections 2116 and 2118 of the Revised Statutes (25 U.S.C. 177, 180); the Act of February 16, 1889 (25 Stat. 673; 25 U.S.C. 196); sections 5, 7, and 8 of the Act of June 25, 1910 (36 Stat. 857; 25 U.S.C. 202, 407, 406); section 6 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 466); or any other provision of law, the Tribe is authorized to-- (A) manage, harvest, remove, sell, or otherwise alienate any timber, any interests in timber, or any other surface or subsurface resources on any lands held by, or in trust for, the Tribe; and (B) perform any other activities on such lands incidental to the activities described in subparagraph (A), including forest presale activities and road construction and maintenance. (2) Notwithstanding any other provision of law-- (A) the United States shall not be responsible for the care or management of any lands for which the Tribe has assumed responsibility under paragraph (1); and (B) the United States shall not be liable for any action or omission of the Tribe that arises in connection with the activities the Tribe is authorized to conduct under paragraph (1). (b) Election To Assume Responsibility.--The Tribe may make an election to assume responsibility under subsection (a)(1) for the care and management of lands held by, or in trust for, the Tribe. (c) Oregon Forest Practices Act.--(1) If the ordinances of the Tribe do not include an ordinance that is substantially in accord with the Oregon Forest Practices Act (Or. Rev. Stat. 527.610, et seq.) and the rules promulgated under such Act, as determined by the Secretary in consultation with the Oregon State Forester, the Tribe shall enforce such Act and rules with respect to lands held by, or in trust for, the Tribe as though such Act and rules were ordinances of the Tribe. The Secretary shall publish in the Federal Register any ordinance of the Tribe that is substantially in accord with such Act and rules and any amendments. (2)(A) Notwithstanding the sovereign immunity of the Tribe, the State of Oregon or any person who is damaged by any action or omission of the Tribe that constitutes a violation of-- (i) an ordinance of the Tribe that is substantially in accord with the Oregon Forest Practices Act and the rules promulgated under such Act, or (ii) if such an ordinance is not in effect, the Oregon Forest Practices Act or any rule promulgated under such Act made applicable to the Tribe by paragraph (1), may bring a civil action in the tribal court of the Tribe to compel compliance, to seek compensation for such damages, or to obtain both compliance and compensation. (B) If the Tribe does not have a tribal court with jurisdiction to hear the actions described in subparagraph (A), the State of Oregon or any person described in subparagraph (A) may bring a civil action in the United States District Court for the District of Oregon to obtain the relief described in subparagraph (A), and the United States District Court is authorized to provide that relief. (C) The Tribe may be held liable for damages in any civil action brought under subparagraphs (A) or (B) only to the extent that the United States would have been held liable for damages if the Secretary were responsible for the action or omission upon which the civil action is based. (D) The courts of the State of Oregon shall not have jurisdiction over any civil action described in subparagraph (A) and shall not have the authority to provide the relief described in subparagraph (A). (d) Termination of Responsibilities.--(1) If the Tribe assumes responsibility under subsection (a)(1) for any of the activities described in subsection (a)(1), the Tribe may terminate such responsibility by providing written notice of such termination that shall take effect on either-- (A) the date that is one year after the date on which notice of the termination is submitted to the Secretary, or (B) a date upon which the Secretary and the Tribe have agreed. The Secretary shall publish in the Federal Register advance notice of the date on which such termination is to take effect. (2) The termination under paragraph (1) of any responsibility assumed under subsection (a)(1) shall not-- (A) affect the liability of the Tribe arising out of any action or omission of the Tribe that occurred on or before the effective date of the termination; (B) transfer any liability to the United States for such actions or omissions; (C) obligate the United States to reforest any area, or otherwise remedy any condition, by reason of such actions or omissions; or (D) affect the eligibility of the Tribe for any services or assistance that are provided by the Secretary to Indian tribes because of their status as Indian tribes. (e) Funds.--(1) For each fiscal year for which the Tribe assumes responsibility under subsection (a)(1) for any of the activities described in subsection (a)(1), the Secretary shall pay to the Tribe, out of funds appropriated for such fiscal year under the authority of the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act, or under the authority of any other law which authorizes funds to be appropriated for tribal timber management, an amount that equals or exceeds the amount of funds the Tribe would have received for such fiscal years for carrying out such activities under a contract entered into with the Secretary for such fiscal year under the Indian Self-Determination Act if the Tribe had not assumed responsibility for such activities under subsection (a)(1). (2) If the Tribe receives funds under paragraph (1) for any fiscal year-- (A) the Tribe shall submit to the Secretary a report which provides an accounting of how the funds were expended, and (B) the Comptroller General of the United States is authorized to conduct, at the discretion of the Comptroller General, an audit of the Tribe with respect to the expenditure of such funds. SEC. 4. PROCEEDS FROM RESOURCES. (a) Payable to Tribe.--Notwithstanding any other provision of law, the proceeds from the sale of timber on, or the sale of any other surface or subsurface resource of, lands held by, or in trust for, the Tribe that occur after the date of enactment of this Act (including sales occurring after such date under a contract that was entered into by the United States prior to the date of enactment of this Act) shall be paid to the Tribe. (b) Treatment.--None of the proceeds described in subsection (a) that are paid to the Tribe shall be subject to Federal or State income taxes or be considered as income or resources of the members of the Tribe in determining eligibility for, or the amount of assistance under, the Social Security Act or any other program assisted by the Federal Government. SEC. 5. PAYMENTS IN LIEU OF TAXES. In order to offset the loss of revenue caused by the other provisions of this Act, the Tribe shall pay the County of Lincoln, Oregon, for the 25-year period beginning on the date of enactment of this Act, 1.5 percent of the net revenues from timber harvested from the lands that are declared to be held in trust for the Tribe under section 2(a). SEC. 6. CONSTRUCTION OF THIS ACT. Nothing in this Act, and no actions taken by reason of this Act shall-- (1) affect any rights any person (other than the United States) has on the day before the date of enactment of this Act in the lands that are declared to be held in trust for the Tribe under section 2(a); (2) be construed to authorize the taxation of timber on such lands or of any interest in, or resources located on, such lands; (3) be construed to authorize the alienation of any such interest of the Tribe in any real property other than timber or other surface or subsurface resources or such lands; (4) affect the responsibility of the United States to protect the lands held in trust for the benefit of the Tribe, and lands otherwise subject to restrictions imposed by the United States on alienation, from taxation and from alienation of any interest in such lands, other than in the timber, surface resources, or subsurface resources on such lands; (5) preclude the Secretary from approving under part 151 of title 25 of the Code of Federal Regulations applications for trust status for any additional lands acquired by the Tribe; (6) except as provided in section 3(b) and paragraph (7), affect the regulatory authority of the Tribe over lands held by, or in trust for the Tribe; (7) grant or restore any hunting, fishing, or trapping rights of any nature, including any indirect or procedural right or advantage to the Tribe or any member of the Tribe; or (8) diminish any hunting, fishing, or trapping rights that existed before the date of enactment of this Act. SEC. 7. PUBLIC ACCESS. The Tribe may restrict access to the lands that are declared to be held in trust for the Tribe under section 2(a) to the extent that the Secretary is allowed to impose or enforce restrictions on access to public domain lands under Federal law. SEC. 8. PRODUCTION OF WOOD PRODUCTS IN UNITED STATES. (a) Mandatory Offering of 50 Percent of Annual Sales.--The Tribe shall offer not less than 50 percent of the total sales volume for each year of timber harvested from the lands declared to be held in trust for the Tribe under section 2(a) for sale to United States entities that agree to use the timber purchased for production in the United States of wood products. (b) Application of Section.--Nothing in this Act may be construed to impose any restrictions on the export of timber harvested from, or other surface or subsurface resources removed from, any lands held by, or in trust for, the Tribe other than the lands declared to be held in trust for the Tribe under section 2(a).
States that certain public lands in Lincoln County, Oregon, are held in trust for, and shall be part of the reservation of, the Confederated Tribes of Siletz Indians of Oregon.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Career and Technical Education Facilities Modernization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Career and technical education teaches academic subject matter in ways that are relevant and consistent to the real world. (2) Vocational education can reflect developmental needs by helping students recognize their interests, aptitudes, and abilities in age- and stage-appropriate ways. (3) In order for students to be high-performing, the education facilities used by the students must also be high- performing. (4) Many school facilities that offer vocational or career and technical education are inefficient and outdated. SEC. 3. CAREER AND TECHNICAL EDUCATION FACILITIES. (a) Career and Technical Education Facilities.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Career and Technical Education Facilities ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Career and technical education.--The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means-- ``(A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or ``(B) an institution of higher education (as defined in section 101 of such Act (20 U.S.C. 1001)) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not-- ``(i) baccalaureate degrees (or an equivalent); or ``(ii) master's, professional, or other advanced degrees. ``(3) Eligible entity.--The term `eligible entity' means a local educational agency, community college, or other entity determined appropriate by the Secretary. ``(4) Qualified project.--The term `qualified project'-- ``(A) means the modernization, renovation, or repair of a facility that will be used to improve the quality and availability of science, technology, engineering, mathematics, or career and technical education instruction to public elementary school or secondary school, or community college students, and that may include-- ``(i) improving the energy efficiency of the facility; ``(ii) improving the cost-effectiveness of the facility in delivering quality education; ``(iii) improving student, faculty, and staff health and safety at the facility; ``(iv) improving, installing, or upgrading educational technology infrastructure; ``(v) retrofitting an existing building for career and technical education purposes; and ``(vi) a one-time repair of serviceable equipment at the facility, or replacement of equipment at the facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; and ``(B) does not include new construction or the payment of routine maintenance costs. ``SEC. 5622. CAREER AND TECHNICAL EDUCATION FACILITIES IMPROVEMENT. ``(a) Program Authorized.--From amounts appropriated under section 5401(b), the Secretary shall carry out a program to improve career and technical education facilities by-- ``(1) awarding grants to eligible entities to enable the eligible entities to carry out qualified projects; ``(2) guaranteeing loans made to eligible entities for qualified projects; or ``(3) making payments of interest on bonds, loans, or other financial instruments (other than a refinancing) that are issued to eligible entities for qualified projects. ``(b) Application.--An eligible entity that desires to receive a grant, loan guarantee, or payment of interest under this subpart shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. The application shall include-- ``(1) a detailed description of the qualified project; ``(2) in the case of a qualified project described in section 5621(4)(A)(vi), a description of the educational outcomes to be furthered by the one-time repair of serviceable equipment or replacement of equipment; ``(3) an indication as to whether the eligible entity prefers to receive a grant, loan guarantee, or payment of interest; ``(4) a description of the need for the qualified project; ``(5) a description of how the eligible entity will ensure that the qualified project will be adequately maintained; ``(6) an identification of any public elementary school or secondary school or community college that will benefit from the qualified project; ``(7) a description of how the qualified project will improve instruction and educational outcomes at the facility; ``(8) a description of how the facility supported by the qualified project will be used for providing educational services in science, technology, engineering, mathematics, or career and technical education; ``(9) a description of how the eligible entity will ensure that the modernization, renovation, or repair supported by the qualified project meets Leadership in Energy and Environmental Design (LEED) building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity; ``(10) a description of the fiscal capacity of the eligible entity; ``(11) the percentage of students enrolled in the public elementary school or secondary school or community college to be served by the qualified project who are from low-income families; ``(12) in the case of a qualified project at a facility that is used by students in a secondary school, the secondary school graduation rates; and ``(13) such additional information and assurances as the Secretary may require. ``(c) Priority.--In making awards under this subpart, the Secretary shall use not less than a total of 25 percent of the funds appropriated under section 5401(b) to eligible entities for qualified projects to benefit-- ``(1) public elementary schools or secondary schools served by local educational agencies that are eligible to receive assistance under part B of title VI; or ``(2) community colleges serving a substantial number of rural students, as determined by the Secretary. ``(d) Supplement Not Supplant.--Funds made available under this subpart shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this subpart. ``(e) Technical Assistance and Administrative Costs.--The Secretary may reserve not more than 3 percent of funds appropriated under section 5401(b) for the administrative costs of this subpart and to provide technical assistance to community colleges and local educational agencies concerning best practices in school facility renovation, repair, and modernization. ``(f) Reporting Requirements.--Not later than 1 year after funds are appropriated to carry out this subpart, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this subpart on improving academic achievement.''. (b) Authorization of Appropriations.--Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended-- (1) by striking the matter preceding paragraph (1) and inserting the following: ``(a) In General.--There are authorized to be appropriated to carry out this part (except for subpart 22) the following amounts:''; and (2) by adding at the end the following: ``(b) Authorization for Subpart 22.--There are authorized to be appropriated to carry out subpart 22 $75,000,000 for fiscal year 2014 and each succeeding fiscal year.''. (c) Conforming Amendments.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5619 the following: ``subpart 22--career and technical education facilities ``Sec. 5621. Definitions. ``Sec. 5622. Career and technical facilities improvement.''.
Career and Technical Education Facilities Modernization Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to support local educational agencies (LEAs), community colleges, and other appropriate entities in modernizing, renovating, or repairing facilities used to provide science, technology, engineering, mathematics, or career and technical education to public elementary, secondary school, or community college students. Requires the Secretary to furnish such support by providing eligible entities with grants or loan guarantees or by making payments of interest on the financial instruments they use to fund the modernization, renovation, or repair of those facilities. Prohibits the use of that support for new construction or the payment of routine maintenance costs. Requires the Secretary to direct at least 25% of the funds made available under this Act to: (1) LEAs that are eligible to receive assistance under the ESEA's Rural Education Initiative program, or (2) community colleges that serve a substantial number of rural students.
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SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as the ``SMART Research and Development Compact''. (b) Findings.--The Congress makes the following findings: (1) The shared borders, similar economic, environmental, and socioeconomic traits as well as the common historical attributes between the residents of Delaware, Maryland, New Jersey, and Pennsylvania, bind the 4 States into a common Mid- Atlantic region. (2) This region presents a rich framework of approximately 618 colleges and universities, including approximately 38 leading engineering colleges with a variety of technical expertise and ingenious research and development programs within every field of science and technology. (3) This region contains a variety of federally owned and generated laboratories or organizations assigned with the task of performing needed research and development in most of our Nation's technical areas, highlighted by defense, transportation, health, energy, and communications. (4) This region possesses a great wealth of private manufacturers, laboratories, and nonprofit organizations in each of the scientific and technological pursuits, such as homeland security, defense, aerospace, manufacturing, information systems, materials, chemicals, medical applications, and pharmaceuticals. (5) Increased cooperation between the above-mentioned institutions and the 4 State governments may effectively enhance the region's contribution to the United States in all fields of science and technology and promote academic, private and public research and development, technical enterprise, and intellectual vitality. (6) An organization assigned with the task of linking various institutions across different jurisdictions and promoting working partnerships may further assist the United States by providing a model for the rest of the Nation for the effective use of limited national, State, and local funding resources. SEC. 2. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create a multi-State organization that shall be known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Organization (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, Federal and State governmental agencies, laboratories, federally owned and operated laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States'), do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. ``The leadership of the Organization shall consist of a Board of Directors that shall include a representative from each party State, appointed as provided by the law of that State, and representatives from each technology class described in Article IV from the party States. Board Members may include any business, academic institution, nonprofit agency, Federal or State governmental agency, laboratory, and federally owned and operated laboratory within the party States. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the Organization. The Board of Directors may create and utilize the services of technology- designated Working Groups to identify goals and sources of funding, establish research and development projects, detect new technology advances for the region to pursue, and facilitate cooperation among regional entities. The Board of Directors and Working Groups in the Organization shall serve without compensation and shall hold regular quarterly meetings and such special meetings as their business may require. ``The Organization shall adopt bylaws and any other such rules or procedures as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional, or national, having an interest in economic or technology development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``Not including State Representatives, the Organization Board of Directors and Technology Working Groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire/EMS, financial technology, alternative fuels, nanotechnology, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing class from this Article and the Organization's activities. ``ARTICLE V. ``The Board of Directors shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The duties of the executive director are to carry out the goals and directives of the Board of Directors and administer the actions of each Working Group as chairman. The executive director may hire a staff and shall be the administrative head of the Organization, whose term of office shall be at the pleasure of the Board of Directors. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act.
SMART Research and Development Compact - Grants the consent of the Congress to the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact if such compact is entered into by at least two of the following states: Delaware, Maryland, New Jersey, and Pennsylvania.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Electronic Equipment Donation Act of 2008''. SEC. 2. REQUIREMENT TO TRANSFER USEFUL FEDERAL ELECTRONIC EQUIPMENT TO EDUCATIONAL RECIPIENTS. (a) Transfer of Equipment to Educational Entities.-- (1) In general.--Each Federal agency shall identify useful Federal electronic equipment that the agency has determined is excess to its needs and-- (A) report such equipment to the Administrator of General Services for processing for transfer to an educational recipient in accordance with section 549 of title 40, United States Code; (B) transfer such equipment directly to an educational recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (C) report such equipment to the Administrator of General Services as excess property if transfer under subparagraph (A) or (B) is not practicable. (2) Management of nontransferable equipment.--For equipment reported under paragraph (1)(C), the Administrator of General Services shall manage the equipment in accordance with subchapters II and III of title 40, United States Code. (3) Exception.--Equipment transferred pursuant to section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i) is neither transferred pursuant to this Act nor subject to this Act's requirements. (b) Advance Reporting of Equipment to GSA.--Each Federal agency shall report to the Administrator of General Services the availability of useful Federal electronic equipment as far as possible in advance of the date the equipment is expected to become excess to its needs, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to educational recipients. (c) Use of Nonprofit Refurbishers.--In transferring any equipment pursuant to this Act, at the request of the educational recipient and if appropriate, if the equipment is not classroom-usable, the transferring agency shall convey the equipment initially to a nonprofit refurbisher for upgrade before transfer to the educational recipient. (d) Removal of Data Before Transfer.--In transferring any equipment pursuant to this Act, the transferring agency shall remove data from the equipment prior to transfer to the educational recipient according to accepted sanitization procedures. To the maximum extent practicable, the transferring agency shall remove data using a means that does not remove, disable, destroy, or otherwise render unusable the equipment or components. (e) Preference.--In transferring any equipment pursuant to this Act, the transferring agency shall give the highest preference to educational recipients located in an enterprise community or empowerment zone designated under section 1391 or 1400 of the Internal Revenue Code of 1986, a qualifying small town, or a qualifying county. (f) Low Cost.--Any transfer made pursuant to this Act shall be made at the lowest cost to the educational recipient permitted by law. (g) Title.--Title of ownership of equipment transferred pursuant to this Act shall transfer to the educational recipient receiving the equipment. (h) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of useful Federal electronic equipment to educational recipients by all practicable means, including newspapers, community announcements, and the Internet. (i) Facilitation by Regional Federal Executive Boards.--The regional Federal Executive Boards (as that term is used in part 960 of title 5, Code of Federal Regulations) shall help facilitate the transfer of useful Federal electronic equipment from the agencies they represent to educational recipients under this Act. SEC. 3. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 4. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 5. RULE OF CONSTRUCTION. This Act may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States or its agencies, officers, or employees. SEC. 6. DEFINITIONS. In this Act: (1) The term ``Federal agency'' means an Executive department or an Executive agency (as such terms are defined in chapter 1 of title 5, United States Code). (2) The term ``educational recipient'' means a school or a community-based educational organization. (3) The term ``school'' includes a pre-kindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act.) (4) The term ``community based educational organization'' means a nonprofit entity that qualifies as a nonprofit educational institution or organization for purposes of section 501(c)(3) of the Internal Revenue Code of 1986 and-- (A) is engaged in collaborative projects, the primary focus of which is education, with schools, qualifying small towns, qualifying counties, or libraries; or (B) provides use of computers and Internet access to members of the community at no charge. (5) The term ``qualifying small town'' means a political subdivision with a population of not more than 24,999 individuals where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census). (6) The term ``qualifying county'' means a county where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census). (7) The term ``useful Federal electronic equipment''-- (A) means-- (i) computers and related peripheral tools (such as computer printers, modems, routers, and servers), including telecommunications and research equipment; (ii) fax machines; and (iii) any other electronic equipment determined by a Federal agency to be potentially useful to an educational recipient; and (B) includes computer software, where the transfer of a license is permitted. (8) The term ``classroom-usable'', with respect to useful Federal electronic equipment, means such equipment that does not require an upgrade of hardware or software in order to be used by an educational recipient without being first transferred under section 2(c) to a nonprofit refurbisher for such an upgrade. (9) The term ``nonprofit refurbisher'' means an organization that-- (A) is exempt from income taxes under section 501(c) of the Internal Revenue Code of 1986; and (B) upgrades useful Federal electronic equipment that is not yet classroom-usable at no cost or low cost to the ultimate educational recipient. SEC. 7. PREFERENCE IN DONATION OF PERSONAL PROPERTY THROUGH STATE AGENCIES. Section 549(e)(3)(B) of title 40, United States Code, is amended-- (1) by striking ``The state plan'' and inserting the following: ``(i) In general.--The state plan''; and (2) by adding at the end the following new clause: ``(ii) Preference.--The state plan of operation shall require the state agency to give the highest preference for electronic equipment to eligible institutions (as described in subsection (c)(3)) that are located in an enterprise community or empowerment zone designated under section 1391 or 1400 of the Internal Revenue Code of 1986, a political subdivision with a population of not more than 24,999 individuals where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census), or a county where 20 percent or more of the residents earn less than poverty threshold (as defined by the Bureau of the Census).''. SEC. 8. REPORT TO CONGRESS. (a) Report Required.--Not later than 18 months after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b) Contents of Report.--The report shall contain the following: (1) An inventory of items that Federal agencies identified as useful Federal electronic equipment that the agency has determined is excess to its needs in the first 365 days after the date of the enactment of this Act. (2) The number of such items that were-- (A) transferred to educational recipients pursuant to this Act; (B) transferred to other Federal agencies and organizations pursuant to section 521 of title 40, United States Code; (C) transferred to State agencies pursuant to section 549 of title 40, United State Code; or (D) disposed of through other means. (3) Recommendations for further legislation or administrative action that the Administrator considers appropriate to establish an effective system for transferring excess useful Federal electronic equipment to educational recipients. Passed the House of Representatives May 21, 2008. Attest: LORRAINE C. MILLER, Clerk.
Federal Electronic Equipment Donation Act of 2008 - Directs each federal agency to identify useful federal electronic equipment that the agency has determined is excess to its needs and to: (1) report such equipment to the Administrator of General Services for processing for transfer to an educational recipient in accordance with provisions relating to the donation of personal property through state agencies; (2) transfer such equipment directly to such a recipient by arrangement with the Administrator; or (3) report such equipment to the Administrator as excess property if transfer is not practicable. Provides procedures, in the transfer of such equipment, for refurbishing for classroom use and data removal. Requires transferring agencies to give the highest preference to educational recipients located in an enterprise community or empowerment zone designated under the Internal Revenue Code or a qualifying small town or county (those with certain levels of poverty). Requires state plans of operation for property transfers to give the same preference. Defines "educational recipient" as a school or community-based educational organization. Defines "federal electronic equipment" to include computers and peripheral equipment, fax machines, and software (where a license transfer is permitted). Requires a report to Congress from the Administrator on equipment inventories and transfers not later than 18 months after enactment of this Act. States that this Act supersedes Executive Order No. 12999 of April 17, 1996 (entitled "Educational Technology: Ensuring Opportunity for All Children in the Next Century").
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Embassy Construction and Counterterrorism Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 17, 1998, two United States embassies in Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attack. (2) The United States personnel in both Dar Es Salaam and Nairobi showed leadership and personal courage in their response to the attacks. Despite the havoc wrecked upon the embassies, staff in both embassies provided rapid response in locating and rescuing victims, providing emergency assistance, and quickly restoring embassy operations during a crisis. (3) The bombs are believed to have been set by individuals associated with Osama bin Laden, leader of a known transnational terrorist organization. In February of 1998 Bin Laden issued a directive to his followers that called for attacks against American interests anywhere in the world. (4) Following the bombings, additional threats have been made against United States diplomatic facilities. (5) A review board was convened following the bombings, as required by Public Law 99-399. The panel was chaired by Admiral William J. Crowe, United States Navy (Ret). (6) The conclusions of the Crowe panel are strikingly similar to those stated by the Inman Commission, which issued an extensive embassy security report more than 14 years ago. (7) Admiral Crowe's panel issued a report setting out the following two striking problems: (A) The United States has devoted inadequate resources towards security against terrorist attacks. (B) The United States Government places too low a priority on security concerns. The result has been a failure to take adequate steps to prevent tragedies such as the bombings in Kenya and Tanzania. (8) The Crowe panel found that there was an institutional failure on the part of the Department of State and embassies under its direction, to recognize threats posed by transnational terrorism and vehicular bombs. (9) Responsibility for obtaining adequate resources for security programs is widely shared throughout the United States Government, including Congress. Unless the vulnerabilities identified in the Crowe report are addressed in a sustained and financially realistic manner, the lives and safety of United States employees in diplomatic facilities will continue to be at risk from further terrorist attacks. (10) Although service in the Foreign Service or other Government positions in foreign countries can never be completely without risk, the United States must ensure that the risks are kept to a minimum. SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED. In this Act, the term ``United States diplomatic facility'' means any embassy, chancery, legation, consulate or other office building or structure used by a United States diplomatic mission or consular post or by any agency of the United States. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authority.--The Secretary of State may use funds available under the account established in subsection (b) for the purposes of constructing, or providing security upgrades to, United States diplomatic facilities in order to meet the security requirements set forth in section 6. (b) Establishment of Account.--There is established in the general fund of the Treasury of the United States an appropriations account for the Department of State which shall be known as the ``Embassy Construction and Security'' account. (c) Certification.--Prior to obligation of any amount from the Embassy Construction and Security account, the Secretary of State shall certify to Congress, in classified form, that construction or upgrading of the United States diplomatic facility is necessary to bring the United States into compliance with all applicable security requirements, including those requirements set forth in section 6. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of State under ``Embassy Construction and Security''-- (A) for fiscal year 2000, $600,000,000; (B) for fiscal year 2001, $600,000,000; (C) for fiscal year 2002, $600,000,000; (D) for fiscal year 2003, $600,000,000; and (E) for fiscal year 2004, $600,000,000. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 5. OBLIGATION OF FUNDS. (a) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a classified report to Congress containing an identification of those United States diplomatic facilities that are most vulnerable to terrorist attack and setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. (b) Priority of Rebuilding Efforts.--Funds in the Embassy Construction and Security account allocated for construction of new embassies shall be used to rebuild only those embassies in the top three tiers, as designated by the Secretary of State. (c) Advanced Congressional Notifications.--Prior to obligation of funds in the Embassy Construction and Security account, or the reprogramming of funds out of that account, the Secretary of State shall notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with section 34(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate or reprogram the funds, as the case may be. SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES. (a) Description of Requirements.--The following security requirements shall apply with respect to United States diplomatic facilities: (1) Threat assessments.-- (A) The Emergency Action Plan (EAP) of each United States mission shall address threats from large vehicular bombs and transnational terrorism. (B) The ``Composite Threat List'' shall contain a section that addresses acts of international terrorism against United States diplomatic facilities based on criteria for identifying threats that emphasize the threat of transnational terrorism and includes such other criteria as the physical security environment, host government support, and cultural realities. (2) Site selection.-- (A) In selecting sites for new United States diplomatic facilities abroad, all United States Government agencies (except military installations) shall be located on the same compound. (B) The Secretary of State and the relevant agency head may waive subparagraph (A) if the Secretary and the agency head jointly certify to Congress that security requirements so permit. (C) Any waiver under this paragraph shall be exercised only in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). (3) Perimeter distance.--Each newly constructed or acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is situated. (4) Crisis management training.-- (A) The appropriate personnel of the Department of State shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities which are designed to bring about a rapid response to such incidents from Department of State headquarters in Washington, D.C. (B) A program of appropriate instruction in crisis management shall be provided to personnel at United States diplomatic facilities abroad. (5) Foreign emergency support team.--The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including-- (A) conducting routine training exercises through the FEST; (B) providing personnel identified to serve on the FEST as a collateral duty; (C) providing personnel to assist in medical relief, public affairs, engineering, and building safety; and (D) providing such additional support as may be necessary to enable the FEST to provide support in a post-crisis environment involving mass casualties and physical damage. (6) Rapid response procedures.--The Secretary of State shall enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to United States diplomatic facilities. (7) Storage of emergency equipment and records.--All United States diplomatic missions shall have emergency equipment and records stored at a secure off-site facility. (b) Review and Revision by the Secretary of State.--The Secretary of State shall review and revise security requirements in effect for United States diplomatic facilities as of the date of enactment of this Act to ensure their compliance with the security requirements described in subsection (a). SEC. 7. CLOSURE OF VULNERABLE POSTS. (a) Review.--The Secretary of State shall review the findings of the Overseas Presence Advisory Panel. (b) Report.-- (1) In general.--Not later than January 1, 2000, the Secretary of State shall submit a report to Congress in classified form setting forth the results of the review conducted under subsection (a). (2) Elements of the report.--The report shall-- (A) specify whether any United States diplomatic facility should be closed because-- (i) the facility is high vulnerability and subject to threat of terrorist attack; and (ii) adequate security enhancements cannot be provided to the facility; and (B) identify plans to provide secure premises for permanent use by the United States diplomatic mission, whether in country or in a regional United States diplomatic facility, or for temporary occupancy pending construction of new buildings. SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES DIPLOMATIC FACILITY. Not later than January 1, 2000, the Secretary of State shall submit a report to Congress, in classified and unclassified form, on the role and function of each United States diplomatic facility through 2010. The report shall describe-- (1) the potential for reduction or transfer of personnel and equipment if technology is adequately exploited for maximum efficiencies; (2) the balance between the cost of maintaining a secure United States diplomatic facility and the benefit of a United States presence; (3) the potential for relying on regional United States diplomatic facilities in certain parts of the world; and (4) necessary upgrades, in order of importance, for such facilities. SEC. 9. OVERSEAS SERVICE STAR. The State Department Basic Authorities Act of 1956 is amended by inserting after section 36 (22 U.S.C. 2708) the following new section: ``SEC. 36A. THE OVERSEAS SERVICE STAR. ``(a) Authority.--The President, upon the recommendation of the Secretary, may award an overseas service star to any member of the Foreign Service or any other civilian employee of the Government of the United States who, after August 1, 1998, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not the wound, other injury, or illness resulted in death)-- ``(1) as the person was performing official duties; ``(2) as the person was on the premises of a United States mission abroad; or ``(3) by reason of the person's status as a United States Government employee. ``(b) Cases Resulting From Unlawful Conduct.--Cases covered by subsection (a) include cases of wounds or other injuries incurred as a result of terrorist or military action, civil unrest, or criminal activities directed at any facility of the Government of the United States. ``(c) Selection Criteria.--The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of an overseas service star and for selecting the persons to be recommended for the award. ``(d) Award in the Event of Death.--If a person selected for award of an overseas service star dies before being presented the award, the award may be made and the star presented to the person's family or to the person's representative, as designated by the President. ``(e) Form of Award.--The Secretary shall prescribe the design of the overseas service star. The award may not include a stipend or any other cash payment. ``(f) Funding.-- ``(1) Any expenses incurred for awarding a person an overseas service star may be paid out of appropriations available at the time of the award for personnel of the department or agency of the United States Government in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based. ``(2) Limitation.--No funds may be made available under this section for cash payments to recipients.''.
Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S. diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations. (Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers. (Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. (Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010. (Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee. Specifies award requirements.
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--TAX RELIEF FOR MIDDLE-INCOME TAXPAYERS SEC. 101. INCREASE IN PERSONAL EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 151(d) (defining exemption amount) is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the term `exemption amount' means the sum of-- ``(A) a regular exemption amount equal to $2,000, and ``(B) an additional exemption amount equal to $1,000, in the case of a middle-income taxpayer.'' (b) Phaseout of Additional Exemption Amount.--Subsection (d) of section 151 is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules relating to middle-income taxpayer additional exemption amount.-- ``(A) Definition of middle-income taxpayer.-- ``(i) In general.--For purposes of this subsection, the term `middle-income taxpayer' means a taxpayer whose adjusted gross income for the taxable year does not exceed the applicable maximum dollar amount. ``(ii) Applicable maximum dollar amount.-- For purposes of this paragraph, the term `applicable maximum dollar amount' means-- ``(I) $102,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), ``(II) $87,300 in the case of a head of household (as defined in section 2(b)), ``(III) $61,000 in the case of an individual who is not married and is not a surviving spouse or head of household, and ``(IV) $51,000 in the case of a married individual filing a separate return. ``(B) Phaseout of additional exemption amount.-- ``(i) In general.--In the case of any middle-income taxpayer whose adjusted gross income exceeds the applicable transition dollar amount, the additional exemption amount shall be reduced by the amount determined under clause (ii). ``(ii) Amount of reduction.--The amount determined under this clause with respect to the additional exemption amount shall be the amount which bears the same ratio to the additional exemption amount as-- ``(I) the excess of the taxpayer's adjusted gross income for the taxable year over the applicable transition dollar amount, bears to ``(II) the excess of the applicable maximum dollar amount over the applicable transition dollar amount. ``(iii) Applicable transition dollar amount.--For purposes of this subparagraph, the term `applicable transition dollar amount' means-- ``(I) $47,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), ``(II) $37,000 in the case of a head of household (as defined in section 2(b)), ``(III) $28,000 in the case of an individual who is not married and is not a surviving spouse or head of household, and ``(IV) $23,500 in the case of a married individual filing a separate return.'' (c) Inflation Adjustments.--Paragraph (5) of section 151(d) (as so redesignated by subsection (b) of this section) is amended by adding at the end the following new subparagraph: ``(C) Adjustments relating to additional exemption amount.--In the case of any taxable year beginning in a calendar year after 1994, the dollar amount contained in paragraph (1)(B) and each dollar amount contained in paragraph (4) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1993' for `calendar year 1989' in subparagraph (B) of such section.'' (d) Conforming Amendments.-- (1) Paragraph (6) of section 1(f) is amended by striking ``section 151(d)(4)'' each place it appears and inserting ``section 151(d)(5)''. (2) Paragraph (3) of section 151(d) is amended-- (A) in the paragraph caption, by inserting ``of regular exemption amount'' after ``Phaseout'', and (B) in subparagraph (A), by inserting ``regular'' before ``exemption amount''. (3) Subparagraph (A) of section 151(d)(5) (as so redesignated by subsection (b) of this section) is amended-- (A) in the matter preceding clause (i) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)'', and (B) by striking ``basic'' in the heading and inserting ``regular''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. TITLE II--REVENUE PROVISIONS SEC. 201. INCREASE IN RATE OF INDIVIDUAL INCOME TAX FOR HIGH-INCOME TAXPAYERS. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--Subsection (a) of section 1 (relating to tax imposed on married individuals filing joint returns and surviving spouses) is amended by striking the item beginning ``Over $78,400'' and inserting the following new items: ``Over $78,400 but not over $100,000. $17,733.50, plus 31% of the excess over $78,400. ``Over $100,000................ $24,429.50, plus 36% of the excess over $100,000.'' (2) Heads of households.--Subsection (b) of section 1 (relating to tax imposed on heads of households) is amended by striking the item beginning ``Over $67,200'' and inserting the following new items: ``Over $67,200 but not over $85,000. $15,429.50, plus 31% of the excess over $67,200. ``Over $85,000................. $20,947.50, plus 36% of the excess over $85,000.'' (3) Unmarried individuals (other than surviving spouses and heads of households).--Subsection (c) of section 1 (relating to tax imposed on unmarried individuals, other than surviving spouses and heads of households) is amended by striking the item beginning ``Over $47,050'' and inserting the following new items: ``Over $47,050 but not over $70,000. $10,645.50, plus 31% of the excess over $47,050. ``Over $70,000................. $17,760, plus 36% of the excess over $70,000.'' (4) Married individuals filing separate returns.-- Subsection (d) of section 1 (relating to tax imposed on married individuals filing separate returns) is amended by striking the item beginning ``Over $39,200'' and inserting the following new items: ``Over $39,200 but not over $50,000. $8,866.75, plus 31% of the excess over $39,200. ``Over $50,000................. $12,214.75, plus 36% of the excess over $50,000.'' (5) Estates and trusts.--Subsection (e) of section 1 (relating to tax imposed on estates and trusts) is amended by striking the item beginning ``Over $9,900'' and inserting the following new items: ``Over $9,900 but not over $12,600. $2,343, plus 31% of the excess over $9,900. ``Over $12,600................. $3,180, plus 36% of the excess over $12,600.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 202. SURTAX ON INDIVIDUALS WITH INCOMES OVER $225,000. (a) General Rule.--Subchapter A of chapter 1 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SURTAX ON INDIVIDUALS WITH INCOMES OVER $225,000 ``Sec. 59B. Surtax on section 1 tax. ``Sec. 59C. Surtax on minimum tax. ``Sec. 59D. Special rules. ``SEC. 59B. SURTAX ON SECTION 1 TAX. ``In the case of an individual who has taxable income for the taxable year in excess of $225,000, the amount of the tax imposed under section 1 for such taxable year shall be increased by 15 percent of the amount which bears the same ratio to the tax imposed under section 1 (determined without regard to this section) as-- ``(1) the amount by which the taxable income of such individual for such taxable year exceeds $225,000, bears to ``(2) the total amount of such individual's taxable income for such taxable year. ``SEC. 59C. SURTAX ON MINIMUM TAX. ``In the case of an individual who has alternative minimum taxable income for the taxable year in excess of $225,000, the amount of the tentative minimum tax determined under section 55 for such taxable year shall be increased by 2.5 percent of the amount by which the alternative minimum taxable income of such taxpayer for the taxable year exceeds $225,000. ``SEC. 59D. SPECIAL RULES. ``(a) Surtax to Apply to Estates and Trusts.--For purposes of this part, the term `individual' includes any estate or trust taxable under section 1. ``(b) Treatment of Married Individuals Filing Separate Returns.--In the case of a married individual (within the meaning of section 7703) filing a separate return for the taxable year, sections 59B and 59C shall be applied by substituting `$112,500' for `$225,000'. ``(c) Coordination With Other Provisions.--The provisions of this part shall be applied-- ``(1) after the application of section 1(h), but ``(2) before the application of any other provision of this title which refers to the amount of tax imposed by section 1 or 55, as the case may be.'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part VIII. Surtax on individuals with incomes over $225,000.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 203. INCREASE IN RATE OF CORPORATE INCOME TAX. (a) In General.--Subparagraph (C) of section 11(b)(1) (relating to amount of tax) is amended by striking ``34 percent'' and inserting ``36 percent''. (b) Conforming Amendment.--Paragraph (2) of section 11(b) (relating to ineligibility of personal service corporations for graduated rate) is amended by striking ``34 percent'' and inserting ``36 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 204. INCREASE IN RATE OF INDIVIDUAL ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (A) of section 55(b)(1) (relating to tentative minimum tax) is amended by striking ``24 percent'' and inserting ``27 percent''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993.
TABLE OF CONTENTS: Title I: Tax Relief for Middle-Income Taxpayers Title II: Revenue Provisions Middle Class Tax Relief Act of 1993 - Title I: Tax Relief for Middle-Income Taxpayers - Amends the Internal Revenue Code to provide an additional exemption amount ($1,000) to the regular personal exemption ($2,000) for middle-income taxpayers. Specifies the maximum gross income amounts for such taxpayers. Provides a formula for reducing the additional exemption amount for middle-income taxpayers whose incomes exceed certain transitional dollar amounts. Provides for inflation adjustments of amounts under this title. Title II: Revenue Provisions - Increases the individual income tax rates for certain high-income taxpayers. Imposes a surtax on the individual tax rate or the alternative minimum tax rate for individuals whose incomes exceed $225,000. Increases the rates of corporate income tax and of alternative minimum tax.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-Paid Mobile Device Identification Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``authorized reseller'' means any person authorized by a-- (A) manufacturer to sell the manufacturer's mobile devices or SIM cards; or (B) wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless cellular service; (2) the term ``pre-paid mobile device'' means any cellular phone or similar wireless communication device for which the mobile device user purchases a set allotment of wireless communication service; (3) the term ``SIM card'' means a subscriber identity module or functionally equivalent data storage device; and (4) the term ``wireless carrier'' has the same meaning as in section 6(4) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(4)). SEC. 3. IDENTIFICATION REQUIREMENT. Prior to the completion of any sale of a pre-paid mobile device or SIM card to a purchaser, an authorized reseller shall require the purchaser to provide the following information: (1) The full name of the purchaser. (2) The complete home address of the purchaser. (3) The date of birth of the purchaser. SEC. 4. IDENTIFICATION VERIFICATION. (a) In Person Sales.--An authorized reseller making a sale to a purchaser in person shall verify the purchaser information provided under section 3 by requiring the purchaser to display-- (1) a photographic identification card issued by a Federal or State government, or a document considered acceptable for purposes of subparagraphs (B), (C), or (D) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)); or (2) any 2 of the following documents: (A) A Form W-2 Wage and Tax Statement received from the Internal Revenue Service, provided that such form has been received from the Internal Revenue Service within the prior 18 months. (B) A Form 1099 Social Security Benefit Statement received from the Social Security Administration, provided that such form has been received from the Social Security Administration within the prior 18 months. (C) A Form 1099 received from any other agency of the Federal Government other than the Social Security Administration, including the Internal Revenue Service, provided that such form has been received within the prior 18 months. (D) Any document containing personal identifying information that the Attorney General finds, by regulation, to be acceptable for purposes of this section. (b) Other Sales.--An authorized reseller making a sale to a purchaser not in person shall verify the purchaser information provided under section 3 by requiring the purchaser to submit the following information: (1) Valid credit or debit card account information. (2) Social Security number. (3) Driver's license number. (4) Any other personal identifying information that the Attorney General finds, by regulation, to be necessary for purposes of this section. SEC. 5. RECORD MAKING REQUIREMENT. Upon completion of a sale of a pre-paid mobile device or SIM card, an authorized reseller shall make a record of the sale that includes the following information: (1) The information obtained from the purchaser under section 3, and, if applicable, the information submitted by the purchaser under subsection (b) of section 4. (2) The date of sale. (3) The manufacturer of the pre-paid mobile device or SIM card. (4) The wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (5) Any assigned telephone number or other subscriber or account identifier known at the time of purchase. (6) Any of the following, if applicable to the pre-paid mobile device or SIM card: (A) International mobile equipment identifier number. (B) Electronic serial number. (C) Mobile equipment identifier. (D) International mobile subscriber identifier. (E) Machine address code. SEC. 6. RECORD TRANSMISSION REQUIREMENT. (a) In General.--Not later than 30 days after the sale of a pre- paid mobile device or SIM card, an authorized reseller shall transmit the record of the sale made in accordance with section 5 to the wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (b) Permissible Means of Transmission.--In complying with the requirements of subsection (a), an authorized reseller may transmit the sale record to the wireless carrier by means of secure electronic transmission. SEC. 7. RECORDKEEPING REQUIREMENT. After an authorized reseller has transmitted the sale record to the wireless carrier in accordance with section 6, a wireless carrier shall-- (1) provide a transmission confirmation receipt to the authorized reseller, after the receipt of which the authorized reseller shall dispose promptly of any retained copy of the record; and (2) retain the transmitted sale record in accordance with the privacy protections of section 222 of the Communications Act of 1934 (47 U.S.C. 222) for a period of 18 months or until the wireless carrier stops or otherwise discontinues providing service to the pre-paid mobile device or SIM card to which the sale record relates. SEC. 8. PENALTIES. (a) For False or Misleading Statements.--A purchaser who provides false or misleading information when providing the identifying information and documents required under sections 3 and 4 shall be subject to criminal penalties under section 1001 of title 18, United States Code. (b) Failure To Comply.-- (1) In general.--An authorized reseller or wireless carrier who fails to comply with the requirements of this Act shall be subject to a civil fine of $50 per offense. (2) Separate offense.--Each separate sale of a pre-paid mobile device or SIM card for which purchaser identification is not requested or verified in accordance with sections 3 and 4, or for which the required record is not made or maintained in accordance with sections 5 or 7, shall constitute a separate offense. (3) Rule of construction.--For purposes of this section-- (A) a wireless carrier is not responsible for an offense of an authorized reseller; and (B) an authorized reseller is not responsible for an offense of a wireless carrier. SEC. 9. RELATED OFFENSES. (a) Sale by Nonauthorized Resellers.-- (1) In general.--It shall be unlawful for any person who is not an authorized reseller to sell pre-paid mobile devices or SIM cards. (2) Penalty.--Any person that violates the prohibition set forth under paragraph (1) shall be fined not more than $500, imprisoned for not less than 1 year, or both. (3) Notice.--The Attorney General shall establish regulations requiring manufacturers and authorized resellers to notify purchasers of mobile devices and SIM cards of the offense and penalty established by this section. (b) Commission of Other Crimes.--If a person uses a pre-paid mobile device or SIM card obtained in violation of this Act to commit a Federal criminal offense, the minimum term of imprisonment for such offense that is required under Federal statute shall be increased by 1 year. SEC. 10. PREEMPTION DISCLAIMER. Nothing in this Act is intended to preempt or otherwise prevent or prohibit any State of the power to enact additional requirements with respect to the distribution and sale of mobile devices or SIM cards.
Pre-Paid Mobile Device Identification Act - Defines "authorized reseller" as any person authorized by a: (1) manufacturer to sell the manufacturer's mobile device or SIM card (subscriber identity module or equivalent data storage device); or (2) wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless cellular service. Directs an authorized reseller before selling a pre-paid mobile device or SIM card to: (1) require the purchaser to provide the purchaser's name, address, and date of birth; (2) verify such information; and (3) record and transmit such sale information to the wireless carrier who shall keep a record of the transmission. Subjects: (1) a person who provides false information to criminal penalties; and (2) a non-complying authorized reseller or wireless carrier to civil fines. Makes it unlawful for any person who is not an authorized reseller to sell pre-paid mobile devices or SIM cards. Subjects a violator to fine, imprisonment, or both. States that if a person uses a pre-paid mobile device or SIM card obtained in violation of this Act to commit a federal criminal offense the minimum prison term for such offense required under federal statute shall be increased by one year.
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TITLE I--PROTECTION AGAINST SCAMS ON SENIORS SEC. 101. SHORT TITLE. This title may be cited as the ``Protection Against Scams on Seniors Act of 1999''. SEC. 102. FINDINGS. The Congress finds that-- (1) telemarketing fraud costs consumers nearly $40,000,000,000 each year; (2) nearly 10 percent of the 140,000 telemarketing firms in the United States engage in fraud; (3) senior citizens are often the target of telemarketing fraud; (4) fraudulent telemarketers compile into ``mooch lists'' the names of potentially vulnerable consumers; (5) according to the American Association of Retired Persons, 56 percent of the names on ``mooch lists'' are individuals age 50 or older; (6) the Department of Justice has undertaken successful investigations and prosecutions of telemarketing fraud through various operations, including ``Operation Disconnect'', ``Operation Senior Sentinel'', and ``Operation Upload''; (7) the Federal Bureau of Investigation has helped provide resources to assist organizations such as the American Association of Retired Persons to operate outreach programs designed to warn senior citizens whose names appear on confiscated ``mooch lists''; (8) the Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require; (9) the Administration on Aging has a system in place to effectively inform senior citizens of the dangers of telemarketing fraud; and (10) senior citizens need to be warned of the dangers of telemarketing fraud before they become victims. SEC. 103. PURPOSE. It is the purpose of this title through education and outreach to protect senior citizens from the dangers of telemarketing fraud and to facilitate the investigation and prosecution of fraudulent telemarketers. SEC. 104. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, shall publicly disseminate in each State information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing fraud targeted against them; (2) inform senior citizens of how telemarketing fraud works; (3) inform senior citizens of how to identify telemarketing fraud; (4) inform senior citizens of how to protect themselves against telemarketing fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens of how to report suspected attempts at telemarketing fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; and (4) telephone outreach to individuals whose names appear on ``mooch lists'' confiscated from fraudulent telemarketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high concentrations of senior citizens. SEC. 105. AUTHORITY TO ACCEPT GIFTS. The Secretary may accept, use, and dispose of unconditional gifts, bequests, or devises of services or property, both real and personal, in order to carry out this title. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 1999 and such sums as may be necessary for succeeding fiscal years. SEC. 107. DEFINITION. For purposes of this title, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. TITLE II--TELEMARKETING FRAUD OVER THE INTERNET SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET. Section 1343 of title 18, United States Code, is amended by-- (1) striking ``or television communication'' and inserting ``television, or Internet communication''; and (2) adding at the end thereof the following: ``For purposes of this section, the term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS. The Federal Trade Commission shall initiate a rulemaking proceeding to set forth the application of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and other statutory provisions within its jurisdiction to deceptive acts or practices in or affecting the commerce of the United States in connection with the promotion, advertisement, offering for sale, or sale of goods or services through use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. For purposes of this section, the term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
TABLE OF CONTENTS: Title I: Protection Against Scams on Seniors Title II: Telemarketing Fraud Over the Internet Title I: Protection Against Scams on Seniors - Protection Against Scams on Seniors Act of 1999 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. Authorizes appropriations. Title II: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2001''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.
Electronic Commerce Enhancement Act of 2001 - Title I: Electronic Commerce - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. Requires the Panel to provide an interim and final report to the Director and specified congressional committees. Requires the final report to include: (1) a three-year planning document for NIST's Manufacturing Extension Partnership (MEP) program in the field of electronic commerce; and (2) recommendations for NIST to address interoperability issues in electronic commerce.Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports.Title II: Enterprise Integration - Requires the Director to: (1) identify critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry. Requires annual plan updates for an industry until enterprise integration has been achieved.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform Act of 1995''. SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Campaign Finance Reform Commission'' (hereinafter in this Act referred to as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to recommend reforms in those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 13 members appointed from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by reason of education, training, or experience. Of the members of the Commission-- (1) 3 members shall be appointed by the majority leader of the House of Representatives, and one of those members shall be an independent; (2) 3 members shall be appointed by the majority leader of the Senate, and one of those members shall be an independent; (3) 3 members shall be appointed by the minority leader of the House of Representatives, and one of those members shall be an independent; (4) 3 members shall be appointed by the minority leader of the Senate, and one of those members shall be an independent; and (5) 1 member, who shall be designated as Chairman of the Commission, shall be jointly appointed by the President and the Speaker of the House of Representatives. (b) Independent Defined.--An independent member of the Commission shall not have registered in or declared officially his affiliation with a political party or voted in the primary election of a political party in the last 7 years, and shall never have held appointed or elected public or party office. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 4. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 5. REPORT AND RECOMMENDED LEGISLATION. Not later than 10 months after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation (including technical and conforming provisions) recommended by the Commission to reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other laws relating to elections for Federal office. SEC. 6. MATTERS TO BE CONSIDERED BY THE COMMISSION. In formulating its draft of legislation under section 5, the Commission shall consider ways to-- (1) increase confidence in the Federal electoral system; (2) increase voter participation; (3) create a more equitable electoral system for challengers and incumbents; and (4) remove the negative and insidious aspects of campaign financing. SEC. 7. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 5. (c) Introduction and Referral.--Within 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House by the majority leader of the House or his designee and shall be introduced (by request) in the Senate by the majority leader of the Senate or his designee. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.--No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.-- (1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.-- (1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (g) Floor Consideration in the Senate.-- (1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. SEC. 8. TERMINATION. The Commission shall cease to exist 3 months after the date of the submission of its report under section 5.
Campaign Finance Reform Act of 1995 - Establishes the Campaign Finance Reform Commission to study and recommend Federal election law reforms. Terminates the Commission after a specified reporting date.
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SECTION 1. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS COURIER FACILITIES. (a) Customs User Fees.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended as follows: (1) Subsection (a) is amended-- (A) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; (B) by inserting after paragraph (6) the following new paragraph: ``(7) For the processing of merchandise that is informally entered or released at a centralized hub facility or an express consignment carrier facility (other than shipments valued at $200 or less, which shall not be subject to any fee under this subsection), $5.50''; and (C) in the last sentence of paragraph (11), as so redesignated, by striking ``subparagraphs (A), (B), and (C),'' and inserting ``subparagraphs (A) and (B), see paragraph (7), and at facilities referred to in subparagraph (C),''. (2) Subsection (b) is amended-- (A) in paragraph (5), by striking ``(8)'' and inserting ``(9)''; (B) in paragraph (6)-- (i) by striking ``(a)(8)'' and inserting ``(a)(9)''; and (ii) by striking ``(8)'' and inserting ``(9)''; (C) in paragraph (8)-- (i) in subparagraph (A)(i), by striking ``(a)(9)'' and inserting ``(a)(10)''; and (ii) in subparagraphs (B), (C), (D), and (E), by striking ``(9) or (10)'' each place it appears and inserting ``(10) or (11)''; and (D) in paragraph (9)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``a centralized hub facility, an express consignment carrier facility, or''; (ii) by striking clause (ii) of subparagraph (A); (iii) in clause (i) of subparagraph (A)-- (I) by striking-- ``(i) In the case of a small airport or other facility--''; (II) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and aligning the text of those clauses with clauses (i) and (ii) of paragraph (8)(E); and (III) in clause (ii), as so redesignated, by striking ``(a)(10) for such fiscal year, in an amount equal to the reimbursement under subclause (I)'' and inserting ``(a)(11) for such fiscal year, in an amount equal to the reimbursement under clause (i)''; and (iv) by amending subparagraph (B) to read as follows: ``(B) For purposes of this paragraph, the term `small airport or other facility' means any airport or facility to which section 236 of the Trade and Tariff Act of 1984 applies, if more than 25,000 informal entries were cleared through such airport or facility during the preceding fiscal year.''; and (E) in paragraphs (10) and (11), by striking ``(9) or (10)'' each place it appears and inserting ``(10) or (11)''. (3) Subsection (c) is amended by adding at the end the following: ``(6) The terms `centralized hub facility' and 'express consignment carrier facility' mean a separate or shared specialized facility approved by a port director of the Customs Service for examination and release of imported merchandise carried by an express consignment carrier. Entry filing is also permitted at any such facility.''. (4) Subsection (d)(4) is amended by striking ``(a)(7)'' each place it appears and inserting ``(a)(8)''. (5) Subsection (e) is amended by adding at the end the following: ``(7) Notwithstanding section 451 of the Tariff Act of 1930 or any other provision of law, all services rendered by the United States Customs Service at a centralized hub facility or an express consignment carrier facility relating to the inspection or release of merchandise from such facility, either inbound or upon arrival from another country or outbound when departing to another country (including, but not limited to, normal and overtime services) shall be adequately provided when needed, at no cost to such facility (other than the fees imposed under subsection (a) of this section).''. (6) Subsection (f)(3)(A) is amended-- (A) in the matter preceding clause (i), by striking ``(9) or (10)'' and inserting ``(10) or (11)''; (B) in clause (i)-- (i) in subclause (IV), by striking ``and'' at the end; (ii) in subclause (V), by adding ``and'' after ``1993,''; and (iii) by inserting after subclause (V) the following: ``(VI) providing the services described in subsection (e)(7) at centralized hub facilities and express consignment carrier facilities,''; and (C) in clause (ii), by striking ``(8)'' each place it appears and inserting ``(9)''. (7) Subsection (f)(6) is amended by striking ``(9) and (10)'' and inserting ``(10) and (11)''. (b) Additional Conforming Amendment.--Section 301(b)(2)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(B)) is amended by striking ``(9) and (10)'' and inserting ``(10) and (11)''.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide a customs user fee of $5.50 for the processing of merchandise that is informally entered or released at a centralized hub facility or an express consignment carrier facility (other than shipments valued at $200 or less, which shall not be subject to any fee). Defines "centralized hub facility" and "express consignment carrier facility" to mean a separate or shared specialized facility approved by a port director of the Customs Service for examination and release of imported merchandise carried by an express consignment carrier. Requires the Secretary of the Treasury to reimburse from the fees collected for the services provided under this Act each appropriation for amounts paid out from it for the costs incurred by the Secretary in providing such services at centralized hub facilities and express consignment carrier facilities.
{"src": "billsum_train", "title": "To amend section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a user fee to cover the cost of customs inspections at express courier facilities."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Trust Fund Taxes Short Term Reinstatement Act''. SEC. 2. TEMPORARY REINSTATEMENT OF AIRPORT AND AIRWAY TRUST FUND TAXES. (a) Fuel Tax.-- (1) Subparagraph (A) of section 4091(b)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be 4.3 cents per gallon-- ``(i) after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(ii) after September 29, 1997.'' (2) Paragraph (2) of section 4081(d) of such Code is amended to read as follows: ``(2) Aviation gasoline.--The rate of tax specified in clause (i) of subsection (a)(2)(A) shall be 4.3 cents per gallon-- ``(A) after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(B) after September 29, 1997.''. (3) The second paragraph (3) of section 4081(d) of such Code is repealed. (4) Section 4041(c)(5) of such Code is amended to read as follows: ``(5) Termination.--The taxes imposed by paragraphs (1) and (2) shall apply during the following periods: ``(A) The period beginning on August 27, 1996, and ending on December 31, 1996. ``(B) The period beginning on the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act and ending on September 29, 1997.''. (b) Ticket Taxes.--Sections 4261(g) and 4271(d) are each amended by striking ``1997.'' and inserting ``1997, and to transportation beginning on or after the date which is 7 days after the date of enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act, and before September 30, 1997.''; (c) Transfer to Airport and Airway Trust Fund.-- (1) Subsection (b) of section 9502 is amended by striking ``January 1, 1997,'' each place it appears and inserting ``September 30, 1997,''. (2) Paragraph (3) of section 9502(f) is amended to read as follows: ``(3) Termination.--Notwithstanding the preceding provisions of this subsection, the Airport and Airway Trust Fund financing rate shall be zero with respect to-- ``(A) taxes imposed after December 31, 1996, and before the date which is 7 calendar days after the date of the enactment of the Airport and Airway Trust Fund Taxes Short Term Reinstatement Act; and ``(B) taxes imposed after September 29, 1997.'' (d) Floor Stocks Taxes on Aviation Fuel.-- (1) Imposition of tax.--In the case of aviation fuel on which tax was imposed under section 4091 of the Internal Revenue Code of 1986 before the tax-increase date described in paragraph (3)(A)(i) and which is held on that date by any person, there is hereby imposed a floor stocks tax of 17.5 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding aviation fuel on a tax-increase date to which the tax imposed by paragraph (1) applies shall be liable for that tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in the manner the Secretary prescribes. (C) Time for payment.--The tax imposed by paragraph (1) with respect to any tax-increase date shall be paid on or before the first day of the 7th month beginning after that tax-increase date. (3) Definitions.--For purposes of this subsection-- (A) The Code.--The term ``the Code'' means the Internal Revenue Code of 1986. (B) Tax increase date.--The term ``tax-increase date'' means the date which is 7 calendar days after the date of enactment of this Act. (C) Aviation fuel.--The term ``aviation fuel'' has the meaning given that term by section 4093 of the Code. (D) Held by a person.--Aviation fuel shall be considered as ``held by a person'' if title thereto has passed to that person (whether or not delivery to the person has been made). (E) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for certain uses.--The tax imposed by paragraph (1) shall not apply to aviation fuel held by any person on the tax-increase date exclusively for any use for which a credit or refund of the entire tax imposed by section 4091 of the Code is allowable for aviation fuel purchased on or after the tax-increase date for that use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on aviation fuel held on the tax-increase date by any person if the aggregate amount of aviation fuel held by that person on that date does not exceed 2,000 gallons. The preceding sentence shall apply only if that person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 group. (II) Controlled group.--The term ``controlled group'' has the meaning given to that term by subsection (a) of section 1563 of the Code; except that for these purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in that subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of those persons is not a corporation. (6) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4091 of the Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if those taxes were imposed by section 4091 of the Code. (d) Effective Date.-- (1) In general.--The amendments made by this section take effect 7 days after the date of enactment of this Act. (2) Transportation using tickets purchased during lapse period.--The taxes imposed by sections 4261 and 4271 of the Internal Revenue Code of 1986 do not apply to amounts paid for taxable transportation (as defined in section 4262 and 4272 of the Code, respectively) after December 31, 1996, and before the effective date of the amendments made by this section. SEC. 3. TAXES COLLECTED DURING TAXABLE PERIOD TO BE TRANSFERRED REGARDLESS OF WHEN PAID. (a) In General.--Section 9502(b) of the Code is amended by adding at the end thereof the following: ``Any amount received in the Treasury after the later of the 2 dates set forth in paragraphs (1), (2), and (4), and on or after the date set forth in paragraph (3), shall be treated as received on the day before such date (regardless of when received) if the amount relates to a tax that described in this subsection that was in effect on the day before such date.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to amounts received after December 31, 1995.
Airport and Airway Trust Fund Taxes Short Term Reinstatement Act - Amends the Internal Revenue Code to restore the Airport and Airway Trust Fund excise taxes.
{"src": "billsum_train", "title": "Airport and Airway Trust Fund Taxes Short Term Reinstatement Act"}
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