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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018'' or the ``VET OPP Act of 2018''. SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION. (a) Veterans Economic Opportunity and Transition Administration.-- (1) In general.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION ``Sec. ``8001. Organization of Administration. ``8002. Functions of Administration. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity and Transition Administration.--(1) There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. ``(2) The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity and Transition.--The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. ``(5) The Transition Assistance Program under section 1144 of title 10. ``(6) Any other program of the Department that the Secretary determines appropriate.''. (2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity and Transition 8001''. Administration. (b) Effective Date.--Chapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2019. (c) Full-Time Employees.--For fiscal years 2019 and 2020, the total number of full-time equivalent employees authorized for the Veterans Benefits Administration and the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), may not exceed 21,543. SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND TRANSITION. (a) Under Secretary.-- (1) In general.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity and Transition ``(a) Under Secretary.--(1) There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. ``(2) The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(A) information technology; and ``(B) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. ``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3)(A) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. ``(B) The commission shall submit all recommendations to the Secretary. ``(C) The Secretary shall forward the recommendations to the President and the Committee on Veterans' Affairs of the Senate and Committee on Veterans' Affairs of the House of Representatives with any comments the Secretary considers appropriate. ``(D) After receiving recommendations under subparagraph (C), the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity and Transition.''. (b) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (2) in section 317(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (3) in section 318(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (4) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (5) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (6) in section 542(a)(2)(B)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (7) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (8) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (9) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to Economic Opportunity and Transition,''; and (10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (c) Effective Date.--Section 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2019.
Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018 or the VET OPP Act of 2018 This bill establishes in the Department of Veterans Affairs: (1) the Veterans Economic Opportunity and Transition Administration to administer economic opportunity assistance programs for veterans and their dependents and survivors, and (2) the position of Under Secretary for Veterans Economic Opportunity and Transition to head such administration.
{"src": "billsum_train", "title": "Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018"}
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Taxpayer Relief Act of 1999''. (b) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . SEC. 2. 10 PERCENT REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 13.5% of taxable income. Over $43,050 but not over $104,050. $5,811.75, plus 25.2% of the excess over $43,050. Over $104,050 but not over $158,550. $21,183.75, plus 27.9% of the excess over $104,050. Over $158,550 but not over $283,150. $36,389.25, plus 32.4% of the excess over $158,550. Over $283,150.................. $76,759.65, plus 35.64% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 13.5% of taxable income. Over $34,550 but not over $89,150. $4,664.25, plus 25.2% of the excess over $34,550. Over $89,150 but not over $144,400. $18,423.45, plus 27.9% of the excess over $89,150. Over $144,400 but not over $283,150. $33,838.20, plus 32.4% of the excess over $144,400. Over $283,150.................. $78,793.20, plus 35.64% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,750............... 13.5% of taxable income. Over $25,750 but not over $62,450. $3,476.25, plus 25.2% of the excess over $25,750. Over $62,450 but not over $130,250. $12,724.65, plus 27.9% of the excess over $62,450. Over $130,250 but not over $283,150. $31,640.85, plus 32.4% of the excess over $130,250. Over $283,150.................. $81,180.45, plus 35.64% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,525............... 13.5% of taxable income. Over $21,525 but not over $52,025. $2,905.87, plus 25.2% of the excess over $21,525. Over $52,025 but not over $79,275. $10,591.87, plus 27.9% of the excess over $52,025. Over $79,275 but not over $141,575. $18,194.62, plus 32.4% of the excess over $79,275. Over $141,575.................. $38,379.82, plus 35.64% of the excess over $141,575 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 13.5% of taxable income. Over $1,750 but not over $4,050 $236.25, plus 25.2% of the excess over $1,750. Over $4,050 but not over $6,200 $815.85, plus 27.9% of the excess over $4,050. Over $6,200 but not over $8,450 $1,415.70, plus 32.4% of the excess over $6,200. Over $8,450.................... $2,144.70, plus 35.64% of the excess over $8,450.'' (b) Alternative Minimum Tax Rates.--Clause (i) of section 55(b)(1)(A) of such Code (relating to alternative minimum tax imposed) is amended-- (1) by striking ``26 percent'' and inserting ``23.4 percent'', and (2) by striking ``28 percent'' and inserting ``25.2 percent''. (c) Conforming Amendments.-- (1) Subsection (f) of section 1 of such Code is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (C) by striking paragraph (7). (2) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (4) Subparagraph (B) of section 132(f)(6) of such Code is amended by inserting before the period ``, determined by substituting `calendar year 1992' for `calendar year 1998' in subparagraph (B) thereof''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.
Taxpayer Relief Act of 1999 - Amends the Internal Revenue Code to reduce individual income tax rates by ten percent.
{"src": "billsum_train", "title": "Taxpayer Relief Act of 1999"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility for Displaced Workers Act''. SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO HURRICANE KATRINA. (a) Use of Grants for Projects Outside Disaster Area.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide assistance in areas outside of the disaster area (as such term is defined in section 173(a)(2) of such Act). (b) Expanded Eligibility for Disaster Relief Employment.--Funds provided to States that submit applications for assistance described under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act, or public sector employment authorized under subsection (c) of this Act, to individuals affected by Hurricane Katrina, including those who have relocated from States in which a major disaster was declared under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) due to the effects of Hurricane Katrina, who were unemployed at the time of the disaster or who are without employment history, in addition to individuals who are eligible for such employment under section 173(d)(2) of the Workforce Investment Act of 1998. (c) Authorization for General Public Sector Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide to eligible individuals temporary employment by public sector entities for a period not to exceed 6 months in addition to disaster relief employment described in section 173(d)(1) of such Act. (d) Extension of the Duration of Disaster Relief Employment.--The Secretary of Labor may extend the 6-month maximum duration of employment under this Act and under section 173(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an additional 6 months due to extraordinary circumstances. (e) Priority for Disaster Relief Employment Funds.--In awarding national emergency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina by providing disaster relief employment, the Secretary of Labor shall-- (1) first, give priority to States in which areas that have suffered major disasters (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining States that have been most heavily impacted by the demand for services by workers affected by Hurricane Katrina. (f) Eligibility for Needs-Related Payments.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide needs-related payments (described in section 134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) who do not qualify for (or have ceased to qualify for) unemployment compensation, and who are not employed on a project described under section 173(d) of such Act, for the purpose of enabling such individuals to participate in activities described in paragraphs (2), (3), or (4) of section 134(d) of such Act. (g) Use of Available Funds.--With the approval of the Secretary of Labor, any State may use funds that remain available for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this section, to provide any assistance authorized under such section 173 or this section, or personal protective equipment not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (h) Expanded Eligibility for Employment and Training Activities.-- (1) In general.--In awarding national emergency grants under section 173(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (2) Eligible entity.--In this subsection, the term ``entity'' means a State, a local board (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or an entity described in section 166(c) of such Act (29 U.S.C. 2911(c)), that submits an application for assistance described in section 173(a)(1) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina. SEC. 3. SENSE OF CONGRESS. (a) Mobile One-Stop Centers.--It is the sense of Congress that States that operate mobile one-stop centers, established as part of one-stop delivery systems authorized under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where possible, make such centers available for use in the areas affected by Hurricane Katrina, and areas where large numbers of workers affected by Hurricane Katrina have been relocated. (b) Expanded Operational Hours.--It is the sense of Congress that one-stop operators (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase access for workers affected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B of title I of such Act, including through the implementation of expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Flexibility for Displaced Workers Act - (Sec. 2) Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (Katrina) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the Katrina-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to Katrina-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by Katrina-affected workers. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist Katrina-affected workers, including those who have relocated from states in the Katrina-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to Katrina-affected workers, including workers who have relocated from Katrina-disaster areas. (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in Katrina-affected areas and areas where large numbers of Katrina's victims have been relocated; and (2) one-stop operators should increase access for Katrina-affected individuals, including through expanded operational hours and on-site services for those in temporary housing.
{"src": "billsum_train", "title": "To provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina."}
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SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS OF CONGRESS, POLITICAL APPOINTEES, AND CONGRESSIONAL STAFF IN THE EXCHANGE. (a) In General.--Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended to read as follows: ``(D) President, vice president, political appointees, members of congress, and congressional staff in the exchange.-- ``(i) In general.--Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title-- ``(I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and ``(II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter. ``(ii) Payments by federal government.--The Secretary, in consultation with the Director of the Office of Personnel Management, shall establish procedures under which-- ``(I) the employer contributions under such chapter on behalf of the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee are determined and actuarially adjusted for individual or family coverage, rating areas, and age (in accordance with clauses (i) through (iii) of section 2701(a)(1)(A) of the Public Health Service Act); and ``(II) the employer contributions may be made directly to an Exchange for payment to an issuer. ``(iii) Political appointee.--In this subparagraph, the term `political appointee' means any individual who-- ``(I) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); ``(II) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(III) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(iv) Congressional employee.--In this subparagraph, the term `Congressional employee' means an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the Patient Protection and Affordable Care Act.
Amends the Patient Protection and Affordable Care Act (PPACA) to require any employer contribution made on behalf of  the President, Vice President,  or any political appointee to be paid only to the issuer of a plan through an American Health Benefit Exchange (a state health insurance exchange created under PPACA), and not through the federal employees health benefit program. (Currently, this requirement applies to Members of Congress and congressional staff.)
{"src": "billsum_train", "title": "A bill to amend the Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice President, Members of Congress, political appointees, and congressional staff."}
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SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school social workers, and school psychologists are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, no school-based mental health and student service provider is available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(3) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist, or a qualified school social worker. ``(4) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(5) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(6) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(7) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(8) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(9) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2004 through 2008.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``Subpart 14--Grants to Improve the Mental Health of Children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.
Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health). Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Infrastructure Improvement Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Acquisition.--The term ``acquisition'' includes any necessary activities for siting a facility, equipment, structures, or rolling stock by purchase, lease-purchase, trade, or donation. (2) Commission.--The term ``Commission'' means the National Commission on the Infrastructure of the United States established by section 3(a). (3) Construction.--The term ``construction'' means-- (A) the design, planning, and erection of new infrastructure; (B) the expansion of existing infrastructure; (C) the reconstruction of an infrastructure project at an existing site; and (D) the installation of initial or replacement infrastructure equipment. (4) Infrastructure.-- (A) In general.--The term ``infrastructure'' means a nonmilitary structure or facility, and any equipment and any nonstructural elements associated with such a structure or facility. (B) Inclusions.--The term ``infrastructure'' includes-- (i) a surface transportation facility (such as a road, bridge, highway, public transportation facility, and freight and passenger rail), as the Commission, in consultation with the National Surface Transportation Policy and Revenue Study Commission established by section 1909(b)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1471), determines to be appropriate; (ii) a mass transit facility; (iii) an airport or airway facility; (iv) a resource recovery facility; (v) a water supply and distribution system; (vi) a wastewater collection, conveyance, or treatment system, and related facilities; (vii) a stormwater treatment system to manage, reduce, treat, or reuse municipal stormwater; (viii) waterways, locks, dams, and associated facilities; (ix) a levee and any related flood damage reduction facility; (x) a dock or port; and (xi) a solid waste disposal facility. (5) Nonstructural elements.--The term ``nonstructural elements'' includes -- (A) any feature that preserves and restores a natural process, a landform (including a floodplain), a natural vegetated stream side buffer, wetland, or any other topographical feature that can slow, filter, and naturally store storm water runoff and flood waters; (B) any natural design technique that percolates, filters, stores, evaporates, and detains water close to the source of the water; and (C) any feature that minimizes or disconnects impervious surfaces to slow runoff or allow precipitation to percolate. (6) Maintenance.--The term ``maintenance'' means any regularly scheduled activity, such as a routine repair, intended to ensure that infrastructure continues to operate efficiently and as intended. (7) Rehabilitation.--The term ``rehabilitation'' means an action to extend the useful life or improve the effectiveness of existing infrastructure, including-- (A) the correction of a deficiency; (B) the modernization or replacement of equipment; (C) the modernization of, or replacement of parts for, rolling stock relating to infrastructure; (D) the use of nonstructural elements; and (E) the removal of infrastructure that is deteriorated or no longer useful. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission on the Infrastructure of the United States'' to ensure that the infrastructure of the United States-- (1) meets current and future demand; (2) facilitates economic growth; (3) is maintained in a manner that ensures public safety; and (4) is developed or modified in a sustainable manner. (b) Membership.-- (1) Composition.--The Commission shall be composed of 8 members, of whom-- (A) 2 members shall be appointed by the President; (B) 2 members shall be appointed by the Speaker of the House of Representatives; (C) 1 member shall be appointed by the minority leader of the House of Representatives; (D) 2 members shall be appointed by the majority leader of the Senate; and (E) 1 member shall be appointed by the minority leader of the Senate. (2) Qualifications.--Each member of the Commission shall-- (A) have experience in 1 or more of the fields of economics, public administration, civil engineering, public works, construction, and related design professions, planning, public investment financing, environmental engineering, or water resources engineering; and (B) represent a cross-section of geographical regions of the United States. (3) Date of appointments.--The members of the Commission shall be appointed under paragraph (1) not later than 90 days after the enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled, not later than 30 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson or the request of the majority of the Commission members. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.-- (1) In general.--Not later than February 15, 2009, the Commission shall complete a study of all matters relating to the state of the infrastructure of the United States. (2) Matters to be studied.--In carrying out paragraph (1), the Commission shall study matters such as-- (A) the capacity of infrastructure to sustain current and anticipated economic development and competitiveness, including long-term economic growth, including the potential return to the United States economy on investments in new infrastructure as opposed to investments in existing infrastructure; (B) the age and condition of public infrastructure (including congestion and changes in the condition of that infrastructure as compared with preceding years); (C) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure (including general obligation bonds, tax-credit bonds, revenue bonds, user fees, excise taxes, direct governmental assistance, and private investment); (D) any trends or innovations in methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (E) investment requirements, by type of infrastructure, that are necessary to maintain the current condition and performance of the infrastructure and the investment needed (adjusted for inflation and expressed in real dollars) to improve infrastructure in the future; (F) based on the current level of expenditure (calculated as a percentage of total expenditure and in constant dollars) by Federal, State, and local governments-- (i) the projected amount of need the expenditures will meet 5, 15, 30, and 50 years after the date of enactment of this Act; and (ii) the levels of investment requirements, as identified under subparagraph (E); (G) any trends or innovations in infrastructure procurement methods; (H) any trends or innovations in construction methods or materials for infrastructure; (I) the impact of local development patterns on demand for Federal funding of infrastructure; (J) the impact of deferred maintenance; and (K) the collateral impact of deteriorated infrastructure. (b) Recommendations.--The Commission shall develop recommendations-- (1) on a Federal infrastructure plan that will detail national infrastructure program priorities, including alternative methods of meeting national infrastructure investment needs to effectuate balanced economic development; (2) on infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) for analysis or criteria and procedures that may be used by Federal agencies and State and local governments in-- (A) inventorying existing and needed infrastructure improvements; (B) assessing the condition of infrastructure improvements; (C) developing uniform criteria and procedures for use in conducting the inventories and assessments; and (D) maintaining publicly accessible data; and (4) for proposed guidelines for the uniform reporting, by Federal agencies, of construction, acquisition, rehabilitation, and maintenance data with respect to infrastructure improvements. (c) Statement and Recommendations.--Not later than February 15, 2010, the Commission shall submit to Congress-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission under subsection (b), including recommendations for such legislation and administrative actions for 5-, 15-, 30-, and 50-year time periods as the Commission considers to be appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission shall hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the Federal agency shall provide the information to the Commission. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Contracts.--The Commission may enter into contracts with other entities, including contracts under which 1 or more entities, with the guidance of the Commission, conduct the study required under section 4(a). (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall serve without pay, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws, including regulations, appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by a majority of the members of the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--In no event shall any employee of the Commission (other than the executive director) receive as compensation an amount in excess of the maximum rate of pay for Executive Level IV under section 5315 of title 5, United States Code. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of a Federal employee shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--On request of the Commission, the Secretary of the Army, acting through the Chief of Engineers, shall provide, on a reimbursable basis, such office space, supplies, equipment, and other support services to the Commission and staff of the Commission as are necessary for the Commission to carry out the duties of the Commission under this Act. SEC. 7. REPORTS. (a) Interim Reports.--Not later than 1 year after the date of the initial meeting of the Commission, the Commission shall submit an interim report containing a detailed summary of the progress of the Commission, including meetings and hearings conducted during the interim period, to-- (1) the President; (2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; and (3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. (b) Final Report.--On termination of the Commission under section 9, the Commission shall submit a final report containing a detailed statement of the findings and conclusions of the Commission and recommendations for legislation and other policies to implement those findings and conclusions, to-- (1) the President; (2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; and (3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. (c) Transparency.--A report submitted under subsection (a) or (b) shall be made available to the public electronically, in a user- friendly format, including on the Internet. SEC. 8. FUNDING. For each of fiscal years 2008 through 2010, upon request by the Commission-- (1) using amounts made available to the Secretary of Transportation from any source or account other than the Highway Trust Fund, the Secretary of Transportation shall transfer to the Commission $750,000 for use in carrying out this Act; (2) using amounts from the General Expenses account of the Corps of Engineers (other than amounts in that account made available through the Department of Defense), the Secretary of the Army, acting through the Chief of Engineers, shall transfer to the Commission $250,000 for use in carrying out this Act; and (3) the Administrator of the Environmental Protection Agency shall transfer to the Commission $250,000 for use in carrying out this Act. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate on September 30, 2010. Passed the Senate August 2, 2007. Attest: NANCY ERICKSON, Secretary.
National Infrastructure Improvement Act of 2007 - (Sec. 3) Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand, facilitates economic growth, is maintained in a manner that ensures public safety, and is developed or modified in a sustainable manner. (Sec. 4) Requires the Commission to study the state of U.S. infrastructure, including: (1) the capacity of infrastructure to sustain economic development and competitiveness; (2) the age and condition of public infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (4) investment requirements needed to maintain and to improve infrastructure and the projected need of investment requirements and expenditures by federal, state, and local governments; (5) the impact of local development patterns on demand for federal funding of infrastructure; (6) the impact of deferred maintenance; and (7) the collateral impact of deteriorated infrastructure. Directs the Commission to develop recommendations regarding: (1) a federal infrastructure plan that will detail national infrastructure program priorities; (2) infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) analysis or criteria and procedures that may be used by federal agencies and state and local governments in inventorying existing and needed infrastructure improvements, assessing the condition of improvements, developing uniform criteria and procedures, and maintaining publicly accessible data; and (4) proposed guidelines for the uniform reporting by federal agencies of data regarding infrastructure improvements. (Sec. 7) Requires the Commission to submit an interim report and a final report to the President and to specified congressional committees. (Sec. 8) Makes funds available for each of FY2008-FY2010, at the Commission's request, from sums made available to the Secretary of Transportation (from any source other than the Highway Trust Fund), from the Corps of Engineers' General Expenses account, and from the Administrator of the Environmental Protection Agency (EPA). (Sec. 9) Terminates the Commission on September 30, 2010.
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290 (106 Congress) is repealed. (d) Expiration.-- (1) Gramm-rudman-hollings.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended-- (A) by striking ``2002'' and inserting ``2007''; and (B) by striking ``2006'' and inserting ``2011''. (2) Congressional budget act.--Section 904(e) of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended by striking ``2002'' and inserting ``2007''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is amended -- (1) in subsections (a) and (b)(1), by striking ``enacted before October 1, 2002,'' and inserting ``enacted before October 1, 2007''; and (2) in subsection (b) by inserting at the end thereof the following: ``(3) Exception.--Notwithstanding any other provision of law, there shall be no sequestration under this section for any fiscal year in which a surplus exists (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990).''. SEC. 4. POINT OF ORDER TO REQUIRE COMPLIANCE WITH THE DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO. Section 312(b) of the Congressional Budget Act of 1974 (2 U.S.C. 643(b)) is amended to read as follows: ``(b) Discretionary Spending Limit And Pay-As-You-Go Point of Order in the Senate.-- ``(1) In general.--Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any bill or resolution or any separate provision of a bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would-- ``(A) exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 or any suballocation of such limits among subcommittees under section 302(b); or ``(B) for direct spending or revenue legislation, would cause or increase a deficit (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990) for any one of the following three applicable time periods: ``(i) the first year covered by the most recently adopted concurrent resolution on the budget; ``(ii) the period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget; or ``(iii) the period of the 5 fiscal years following the first five fiscal years covered in the most recently adopted concurrent resolution on the budget. ``(2) Budget resolutions.--Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on that concurrent resolution) that would exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) Point of order against a specific provision.--If the Presiding Officer sustains a point of order under paragraph (1) with respect to any separate provision of a bill or resolution, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(4) Form of the point of order.--A point of order under this section may be raised by a Senator as provided in section 313(e). ``(5) Conference reports.--If a point of order is sustained under this section against a conference report the report shall be disposed of as provided in section 313(d). ``(6) Exceptions.--This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.''. SEC. 5. ENFORCEMENT AGAINST BUDGET EVASION. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``budget evasion point of order ``Sec. 316. (a) Discretionary Spending Limits.--It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the spending limits set forth in that section. ``(b) Pay-As-You-Go.--It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the balances of the pay-as-you-go scorecard pursuant to that section. ``(c) Directed Scoring.--It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that directs the scorekeeping of any bill or resolution. ``(d) Waiver and Appeal.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. (b) Table of Contents.--The table of contents for the Congressional Budget Act of 1974 is amended by inserting after the item for section 315 the following: ``316. Budget evasion point of order.''.
Budget Enforcement Act of 2002 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the discretionary spending limits (spending caps) for specified nondefense categories in new budget authority and outlays.Extends the provisions of such Act for an additional five years, including the pay-as-you-go requirement. Prohibits sequestration in any surplus year.Amends the Congressional Budget Act of 1974 concerning budget evasion points of order against legislation which evades specified budget enforcement mechanisms such as the discretionary spending limits, pay-as-you-go, and directed scoring.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Our Children's Health Act of 1998''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR DIVIDENDS FROM TOBACCO COMPANIES WHICH MEET YOUTH SMOKING REDUCTION TARGETS. (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 inserting after section 115 the following new section: ``SEC. 116. DIVIDENDS FROM TOBACCO COMPANIES WHICH ACHIEVE YOUTH SMOKING REDUCTION TARGETS. ``(a) In General.--In the case of an individual, gross income does not include any dividend paid by a corporation to the extent such dividend is attributable to qualifying earnings and profits. ``(b) Qualifying Earnings and Profits.-- ``(1) In general.--For purposes of this section, the term `qualifying earnings and profits' means earnings and profits-- ``(A) which are from the manufacture in, or the importation into, the United States of any tobacco product, and ``(B) which are for any taxable year beginning in a calendar year with respect to which there has been a reduction in the underage use of such product of not less than the applicable percentage of the baseline level. ``(2) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any taxable year is the applicable percentage determined under the following table for the calendar year in which such taxable year begins. Applicable Calendar year: percentage: 2002.......................................... 10 2003.......................................... 20 2004.......................................... 30 2005.......................................... 40 2006.......................................... 50 2007.......................................... 60 2008.......................................... 70 2009.......................................... 80 2010 or thereafter............................ 90. ``(c) Youth Smoking Reduction Target.--For purposes of this section, the baseline level for any tobacco product manufactured or imported by any corporation, and whether the requirement of subsection (b)(2) has been met, shall be determined by the Secretary of Health and Human Services in accordance with section 3 of the Investing in Our Children's Health Act of 1998. ``(d) Special Rules.--For purposes of this section-- ``(1) A dividend from a regulated investment company shall be subject to the limitation prescribed in section 854(c). ``(2) The amount of dividends properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends were received by the estate or trust. ``(e) Certain Nonresident Aliens Ineligible for Exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(1) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, or ``(2) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Conforming Amendments.-- (1) Subsection (c) of section 584 of such Code is amended by adding at the end the following new sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (2) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (7) the following new paragraph: ``(8) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (3) Section 854 of such Code is amended by adding at the end the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend, a portion of such dividend shall be treated as excludable under section 116 based on the portion of the company's gross income (determined without regard to gain from the sale or other disposition of stock or securities) which consists of dividends which are so excludable. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (4) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Dividends from tobacco companies which achieve youth smoking reduction targets.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after the date of the enactment of this Act. SEC. 3. CHILD TOBACCO USE SURVEYS. (a) Annual Performance Survey.--Not later than October 1, 1999, and annually thereafter, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary'') shall conduct a survey to determine-- (1) the percentage of all young individuals who used a type of tobacco product within the 30-day period prior to the conduct of the survey; and (2) the percentage of young individuals who identify each brand of each type of tobacco product as the usual brand smoked or used within such 30-day period. (b) Young Individuals.--For the purposes of this section, the term ``young individuals'' means individuals who are under 18 years of age. (c) Baseline Level.-- (1) In general.--For the purposes of this section, the term ``baseline level'' means, with respect to each type of tobacco product, the percentage of young individuals determined to have used such tobacco products in the annual performance survey described in subsection (a) completed by October 1, 1999. (2) Manufacturer's baseline level.--For the purposes of this section, the term ``manufacturer's baseline level'' means, with respect to each type of tobacco product, the percentage of young individuals determined to have identified a brand of each such tobacco product of such manufacturer as the usual brand smoked or used in the annual performance survey described in subsection (a) completed by October 1, 1999. (3) Use of certain data or methodology.-- (A) In general.--For purposes of determining the percentages under paragraphs (1) and (2), the Secretary may use the data collected through national surveys of young individuals. Such surveys shall-- (i) be based on a nationally representative sample of at least 20,000 completed interviews of young individuals; (ii) be on a household-based in person survey; (iii) measure the use of tobacco product within the past 30 days; (iv) identify the usual brand of each type of tobacco product used within the past 30 days; and (v) calculate the actual percentage reductions in the underage use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) based on the point estimates from the annual performance survey. For purposes of clause (iv), point estimates shall be deemed acceptable for measuring compliance with percentage reduction targets and for calculating surcharges if the precision of estimates of the proportion of young individuals reporting the use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) for the purpose of measuring compliance with percentage reduction targets and calculating surcharges without regard to the 95 percent confidence interval around such point estimates if the precision of estimates of the percentage of young individuals reporting use of a type of tobacco product (or, in the case of the manufacturer-specific surcharge, the use of a type of tobacco product of a manufacturer) is such that the 95 percent confidence interval around such point estimates is no more than plus or minus 1 percent. (B) Conclusive accurateness.--A survey using the methodology described in subparagraph (A) shall be deemed conclusively proper, correct, and accurate for purposes of this Act. The Secretary may, by notice and comment rulemaking, subsequently adopt a different survey methodology. (C) Final determination.--The determination of the Secretary as to the amount and allocation of the surcharge under this section shall be final and the manufacturer shall pay such surcharge within 30 days of the date on which the manufacturer is assessed. Such payment shall be retained by the Secretary pending final judicial review of what, if any, change in the surcharge is appropriate. (D) Review.--The amount of any surcharge paid under this section shall be subject to judicial review by the United States Court of Appeals for the District of Columbia Circuit, based on the arbitrary and capricious standard of section 706 of title 5, United States Code. Notwithstanding any other provision of law, no court shall have the authority to stay any surcharge payment due to the Secretary under this section pending judicial review until the Secretary has made or failed to make a compliance determination, as described under this section, that has adversely affected the person seeking the review. (E) Nonapplicability.--Chapter 35 of title 44, United States Code, shall not apply to information required for the purposes of carrying out this subsection. (F) Amendment to public health service act.-- Section 308(d) of the Public Health Service Act (42 U.S.C. 242m(d)) is amended-- (i) by inserting after ``or 307'' the following: ``, or a survey conducted under section 132 of the KIDS Act,''; and (ii) by inserting after ``or 306'' the following: ``, or in the course of a survey conducted under section 132 of the KIDS Act,''. (d) Administration.-- (1) Technical adjustments.--The Secretary may make technical changes in the manner in which the surveys are conducted under this section to reflect improved methodology so long as adjustments are made to ensure that the results of the surveys are comparable from year to year. (2) Participation in survey.--Notwithstanding any other provision of law, the Secretary may conduct a survey under this section involving minors if the results of such survey with respect to such minors are kept confidential and not disclosed. (e) Tobacco Product.--For the purposes of this section, cigarettes, cigars, little cigars, snuff, chewing tobacco, pipe tobacco, and roll- your-own tobacco shall each be considered as a separate type of tobacco product.
Investing in Our Children's Health Act of 1998 - Amends the Internal Revenue Code to exclude from an individual's gross income any income from dividends paid by a tobacco company which meets specified youth smoking reduction targets. Provides for annual child tobacco use surveys.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Health Care Advancement Act of 1996''. SEC. 2. APPLICATION OF ANTITRUST RULE OF REASON TO HEALTH CARE PROVIDER NETWORKS. (a) Rule of Reason Standard.--In any action under the antitrust laws, or under any State law similar to the antitrust laws-- (1) the conduct of a health care provider in exchanging with 1 or more other health care providers information relating to costs, sales, profitability, marketing, prices, or fees of any health care service if-- (A) the exchange of such information is solely for the purpose of establishing a health care provider network and is reasonably required for such purpose, and (B) such information is not used for any other purpose, (2) the conduct of a health care provider network (including any health care provider who is a member of such network and who is acting on behalf of such network) in negotiating, making, or performing a contract (including the establishment and modification of a fee schedule and the development of a panel of physicians), to the extent such contract is for the purpose of providing health care services to individuals under the terms of a health benefit plan, and (3) the conduct of any member of such network for the purpose of providing such health care services under such contract to such extent, shall not be deemed illegal per se. Such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including the effects on competition in properly defined markets. (b) Definitions.--For purposes of subsection (a): (1) Antitrust laws.--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), 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) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense-incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a multiple employer welfare arrangement or employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974). Such term includes a contract to provide health care services under section 1876 or 1903(m) of the Social Security Act. (3) Health care provider.--The term ``health care provider'' means any individual or entity that is engaged in the delivery of health care services in a State and that is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State. (4) Health care service.--The term ``health care service'' means any health care service for which payment may be made under a health benefit plan, including services related to the delivery or administration of such service. (5) Health care provider network.--The term ``health care provider network'' means an organization that-- (A) is organized by, operated by, and composed of members who are health care providers and for purposes that include providing health care services, (B) is funded in part by capital contributions made by the members of such organization, (C) with respect to each contract made by such organization for the purpose of providing a type of health care service to individuals under the terms of a health benefit plan-- (i) requires all members of such organization who engage in providing such type of health care service to agree to provide health care services of such type under such contract, (ii) receives the compensation paid for the health care services of such type provided under such contract by such members, and (iii) provides for the distribution of such compensation, (D) has established a program to review, pursuant to written guidelines, the quality, efficiency, and appropriateness of treatment methods and setting of services for all health care providers and all patients participating in such health benefit plan, along with internal procedures to correct identified deficiencies relating to such methods and such services, (E) has established a program to monitor and control utilization of health care services provided under such health benefit plan, for the purpose of improving efficient, appropriate care and eliminating the provision of unnecessary health care services, (F) has established a management program to coordinate the delivery of health care services for all health care providers and all patients participating in such health benefit plan, for the purpose of achieving efficiencies and enhancing the quality of health care services provided, and (G) has established a grievance and appeal process for such organization designed to review and promptly resolve beneficiary or patient grievances and complaints. (6) State.--The term ``State'' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). SEC. 3. ISSUANCE OF GUIDELINES. Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Federal Trade Commission jointly shall issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of section 2.
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017''. SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION ASSISTANCE. (a) Definitions.--In this section: (1) Affected area.--The term ``affected area'' means an area for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191) as a result of Hurricane Harvey, Hurricane Irma, Hurricane Maria, Tropical Storm Harvey, Tropical Storm Irma, or Tropical Storm Maria. (2) Affected student.--The term ``affected student'' means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and who-- (A) was enrolled or accepted for enrollment on August 25, 2017, at an institution of higher education that is located in an affected area; (B) is a dependent student who was enrolled or accepted for enrollment on August 25, 2017, at an institution of higher education that is not located in an affected area, but whose parent or parents resided or was employed on August 25, 2017, in an affected area; or (C) suffered direct economic hardship as a direct result of Hurricane Harvey, Hurricane Irma, Hurricane Maria, Tropical Storm Harvey, Tropical Storm Irma, or Tropical Storm Maria, as determined by the Secretary. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Waivers.-- (1) Waiver of non-federal share requirement.--Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made available for award years 2016-2017 and 2017-2018-- (A) in the case of an institution of higher education that is located in an affected area, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A and part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087- 51 et seq.); and (B) in the case of an institution of higher education that is not located in an affected area but has enrolled or accepted for enrollment any affected students, the Secretary may waive the non-Federal share requirement described in subparagraph (A) after considering the institution's student population and existing resources. (2) Waiver of reallocation rules.-- (A) Authority to reallocate.--Notwithstanding sections 413D(d) and 442(d) of the Higher Education Act of 1965 (20 U.S.C. 1070b-3(d) and 1087-52(d)), the Secretary shall-- (i) reallocate any funds returned under such section 413D or 442 of the Higher Education Act of 1965 that were allocated to institutions of higher education for award year 2016-2017 to an institution of higher education that is eligible under subparagraph (B); and (ii) waive the allocation reduction for award year 2018-2019 for an institution of higher education that is eligible under subparagraph (B) returning more than 10 percent of its allocation under such section 413D or 442 of the Higher Education Act of 1965 for award year 2017-2018. (B) Institutions eligible for reallocation.--An institution of higher education is eligible under this subparagraph if the institution-- (i) participates in the program for which excess allocations are being reallocated; and (ii)(I) is located in an affected area; or (II) has enrolled or accepted for enrollment any affected students in award year 2017-2018. (C) Basis of reallocation.--The Secretary shall-- (i) determine the manner in which excess allocations will be reallocated pursuant to this paragraph; and (ii) give preference in making reallocations to the needs of institutions of higher education located in an affected area. (D) Additional waiver authority.--Notwithstanding any other provision of law, in order to carry out this paragraph, the Secretary may waive or modify any statutory or regulatory provision relating to the reallocation of excess allocations under subpart 3 of part A or part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087-51 et seq.) in order to ensure that assistance is received by institutions of higher education that are eligible under subparagraph (B). (3) Availability of funds date extension.--Notwithstanding any other provision of law-- (A) any funds available to the Secretary under sections 413A and 441 of the Higher Education Act of 1965 (20 U.S.C. 1070b and 1087-51) for which the period of availability would otherwise expire on September 30, 2017, shall be available for obligation by the Secretary until September 30, 2018, for the purposes of the programs authorized pursuant to subpart 3 of part A and part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087-51 et seq.); and (B) the Secretary may recall any funds allocated to an institution of higher education for award year 2016-2017 under section 413D or 442 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3 and 1087-52), that, if not returned to the Secretary as excess allocations pursuant to either of those sections, would otherwise lapse on September 30, 2017, and reallocate those funds in accordance with paragraph (2)(A). (c) Emergency Requirement.--This section is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (title I of Public Law 111-139; 2 U.S.C. 933(g)). (d) Report.--Not later than October 1, 2018, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives information on-- (1) the total volume of assistance received by each eligible institution of higher education under subsection (b)(2); and (2) the total volume of the non-Federal share waived for each institution of higher education under subsection (b)(1). (e) Sunset.--The provisions of subsection (b) shall cease to be effective on September 30, 2018. SEC. 3. PROJECT SERV AND EQUITABLE SERVICES FOR CHILDREN AND TEACHERS IN PRIVATE SCHOOLS. Section 8501(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881(b)(1)) is amended-- (1) in subparagraph (D), by striking ``and''; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) section 4631, with regard to Project SERV.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
. The expanded summary of the Senate passed version is repeated here.) Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017 (Sec. 2) This bill provides educational relief in areas for which the President has declared a major disaster or an emergency as a result of Hurricanes Harvey, Irma, or Maria or Tropical Storms Harvey, Irma, or Maria (affected areas). In the case of an institution of higher education (IHE) that is located in an affected area, the Department of Education (ED) must waive matching fund requirements under the Federal Supplemental Educational Opportunity Grant Program (FSEOG) or the Federal Work-Study Program (FWS). In the case of an IHE that is not located in an affected area but has enrolled or accepted for enrollment students affected by the hurricanes or tropical storms, ED may waive the matching fund requirements under FSEOG or FWS. The waivers apply to funds made available for award years 2016-2017 and 2017-2018. Affected students are individuals who have applied for or received student financial assistance under title IV (Student Assistance) of the Higher Education Act of 1965, and: (1) who were enrolled or accepted for enrollment on August 25, 2017, at IHEs that are located in affected areas; (2) who are dependent students who are enrolled or accepted for enrollment on that date at IHEs that are not located in affected areas, but whose parents resided or were employed on that date in affected areas; or (3) who suffered direct economic hardship as a direct result of the hurricanes or tropical storms. If IHEs return FSEOG and FWS funds that were allocated for award year 2016-2017, then ED must reallocate the remaining funds to affected IHEs. The bill extends until September 30, 2018, the deadline for ED to obligate funds for FSEOG or FWS. The bill terminates ED's waiver authority on September 30, 2018. (Sec. 3) In addition, the bill amends the Elementary and Secondary Education Act of 1965 to require Project School Emergency Response to Violence grants to be distributed to private schools on an equitable basis.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Activity Renewable Energy Bonds Act''. SEC. 2. TREATMENT OF BONDS ISSUED TO FINANCE RENEWABLE ENERGY RESOURCE FACILITIES AND CONSERVATION AND EFFICIENCY FACILITIES AND OTHER SPECIFIED GREENHOUSE GAS EMISSION TECHNOLOGIES. (a) In General.--Section 142(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting a comma, and by inserting after paragraph (15) the following new paragraphs: ``(16) renewable energy resource facilities, ``(17) conservation and efficiency facilities and projects, or ``(18) high efficiency vehicles and related facilities or projects.''. (b) Renewable Energy Resource Facility.--Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Renewable Energy Resource Facilities.--For purposes of subsection (a)(16)-- ``(1) In general.--The term `renewable energy resource facility' means-- ``(A) any facility used to produce electric or thermal energy (including a distributed generation facility) from-- ``(i) solar, wind, or geothermal energy, ``(ii) marine and hydrokinetic renewable energy, ``(iii) incremental hydropower, ``(iv) biogas and solids produced in the wastewater treatment process, or ``(v) biomass (as defined in section 203(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(1))), ``(B) any facility used to produce biogas, or ``(C) any facility or project used for the manufacture of facilities referred to in subparagraph (A) or (B). ``(2) Special requirements for facilities producing biogas.-- ``(A) In general.--A facility shall not be treated as described in paragraph (1)(B), unless the biogas produced-- ``(i) is of pipeline quality and distributed into a vehicle for transportation or into an intrastate, interstate, or LDC pipeline system, or ``(ii) is used to produce onsite electricity or hydrogen fuel for use in vehicular or stationary fuel cell applications and has a British thermal unit content of at least 500 per cubic foot. ``(B) Pipeline quality.--For purposes of subparagraph (A)(i), with respect to biogas, the term `pipeline quality' means biogas with a British thermal unit content of at least 930 per cubic foot. ``(3) Definitions.--For purposes of this subsection-- ``(A) Geothermal energy.--The term `geothermal energy' means energy derived from a geothermal deposit (within the meaning of section 613(e)(2)) or from geothermal heat pumps. ``(B) Marine and hydrokinetic renewable energy.-- The term `marine and hydrokinetic renewable energy' has the meaning given such term in section 45(c)(10). ``(C) Incremental hydropower.--The term `incremental hydropower' means additional energy generated as a result of efficiency improvements or capacity additions to existing hydropower facilities made on or after the date of enactment of this subsection. The term `incremental hydropower' does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions. ``(D) Biogas.--The term `biogas' means a gaseous fuel derived from landfill, municipal solid waste, food waste, wastewater or biosolids, or biomass (as defined in section 203(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))). ``(4) Special rules for energy loan tax assessment financing.-- ``(A) In general.--In the case of any renewable recovery energy resource facility provided from the proceeds of a bond secured by any tax assessment loan upon real property, the term `facility' in paragraph (1) includes-- ``(i) a prepayment for the principal purpose of purchasing electricity from renewable energy resource property, and ``(ii) a prepayment of a lease or license of such property, but only if the prepayment agreement provides that it shall not be canceled prior to the expiration of the tax assessment loan. ``(B) Tax assessment loan.--For purposes of subparagraph (A), the term `tax assessment loan' shall mean a governmental assessment, special tax, or similar charge upon real property.''. (c) Conservation and Efficiency Facility or Project.--Section 142 of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new subsection: ``(o) Conservation and Efficiency Facilities and Projects.-- ``(1) In general.--For purposes of subsection (a)(17), the term `conservation and efficiency facility or project' means-- ``(A) any facility used for the conservation or the efficient use of energy, including energy efficient retrofitting of existing buildings, or for the efficient storage, transmission, or distribution of energy, including any facility or project designed to implement smart grid technologies (as described in title XIII of the Energy Independence and Security Act of 2007, or individual components of such technologies as listed in section 1301 of such Act), ``(B) any facility used for the conservation of or the efficient use of water, including-- ``(i) any facility or project designed to-- ``(I) reduce the demand for water, ``(II) improve efficiency in use and reduce losses and waste of water, including water reuse, and ``(III) improve land management practices to conserve water, or ``(ii) any individual component of a facility or project referred to in clause (i), or ``(C) any facility or project used for the manufacture of facilities referred to in subparagraphs (A) and (B). For purposes of subparagraph (B)(i), facility or project does not include any facility or project that stores water. ``(2) Special rules for energy loan tax assessment financing.-- ``(A) In general.--In the case of any conservation and efficiency facility or project provided from the proceeds of a bond secured by any tax assessment loan upon real property, the term `facility' in paragraph (1)(A) includes-- ``(i) a prepayment for the principal purpose of purchasing electricity from conservation and efficiency property, and ``(ii) a prepayment of a lease or license of such property, but only if the prepayment agreement provides that it shall not be canceled prior to the expiration of the tax assessment loan. ``(B) Tax assessment loan.--For purposes of subparagraph (A), the term `tax assessment loan' shall mean a governmental assessment, special tax or similar charge upon real property.''. (d) High Efficiency Vehicles and Related Facilities or Projects.-- Section 142 of the Internal Revenue Code of 1986, as amended by subsections (b) and (c), is amended by adding at the end the following new subsection: ``(p) High Efficiency Vehicles and Related Facilities or Projects.--For purposes of subsection (a)(18)-- ``(1) High efficiency vehicles.--The term `high efficiency vehicle' means any vehicle that will exceed by at least 150 percent the average combined fuel economy for vehicles with substantially similar attributes in the model year in which the production of such vehicle is expected to begin at the facility. ``(2) Facilities related to high efficiency vehicles.--A facility or project is related to a high efficiency vehicle if the facility is any real or personal property to be used in the design, technology transfer, manufacture, production, assembly, distribution, recharging or refueling, or service of high efficiency vehicles.''. (e) National Limitation on Amount of Renewable Energy Bonds.-- Section 142 of the Internal Revenue Code of 1986, as amended by subsections (b), (c), and (d), is amended by adding at the end the following new subsection: ``(q) National Limitation on Amount of Renewable Energy Bonds.-- ``(1) In general.--An issue shall not be treated as an issue described in paragraph (16), (17), or (18) of subsection (a) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds the amount allocated to the State by the Secretary under paragraph (2) for such calendar year. ``(2) Allocation rules.-- ``(A) Allocation among states by population.--The Secretary shall allocate authority to issue bonds described in paragraph (16), (17), or (18) of subsection (a) to each State by population for each calendar year in an aggregate amount to all States not to exceed $2,500,000,000. ``(B) State allocation.--The State may allocate the amount allocated to the State under subparagraph (A) for any calendar year among facilities or projects described in paragraphs (16), (17), and (18) of subsection (a) in such manner as the State determines appropriate. ``(C) Unused renewable energy bond carryover to be allocated among qualified states.-- ``(i) In general.--Any unused bond allocation for any State for any calendar year under subparagraph (A) shall carryover to the succeeding calendar year and be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. ``(ii) Unused bond allocation carryover.-- For purposes of this subparagraph, unused bond allocations are bond allocations described in subparagraph (A) of any State which remain unused by November 1 of any calendar year. ``(iii) Formula for allocation of unused bond allocation carryovers among qualified states.--The amount allocated under this subparagraph to a qualified State for any calendar year shall bear the same ratio to all States from the preceding calendar year under subparagraph (A), excluding States which are not a qualified State. ``(iv) Timing of allocation.--The Secretary shall allocate the unused bond allocation carried over from the preceding year among qualified States not later than March 1 of the succeeding year. ``(v) Qualified state.--For purposes of this subparagraph, the term `qualified State' means, with respect to a calendar year, any State-- ``(I) which allocated its entire bond allocation under subparagraph (A) for the preceding calendar year, and ``(II) for which a request is made (not later than August 1 of the calendar year) to receive an allocation under clause (iii). ``(vi) Reporting.--States shall report annually to the Secretary on their use of bonds described in paragraph (16), (17), and (18) of subsection (a), including description of projects, amount spent per project, total amount of unused bonds, and expected greenhouse gas or water savings per project with a description of how such savings were calculated. Such reporting shall be submitted not later than November 1 of any calendar year.''. (f) Coordination With Section 45.--Paragraph (3) of section 45(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``Clause (ii) of subparagraph (A) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (g) Coordination With Section 45K.--Subparagraph (A) of section 45K(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Subclause (II) of clause (i) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (h) Coordination With Section 48.--Subparagraph (A) of section 48(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Clause (ii) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (i) Coordination With Section 146(g)(3).--Section 146(g)(3) of the Internal Revenue Code of 1986 is amended by striking ``or (15)'' and inserting ``(15), (16), (17), or (18)''. (j) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
Private Activity Renewable Energy Bonds Act - Amends the Internal Revenue Code to expand the purposes for which tax-exempt facility bonds may be issued to include renewable energy resource facilities, conservation and efficiency facilities and projects, and high efficiency vehicles and related facilities or projects. Limits the allocation of such bonds to all states by population to not more than $2.5 billion annually.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wasteful EPA Programs Elimination Act of 2015''. SEC. 2. ELIMINATION OF EPA GRANT PROGRAMS. Notwithstanding any other provision of law-- (1) all grant programs of the Environmental Protection Agency that are in effect as of the date of enactment of this Act are hereby terminated; and (2) the Administrator of the Environmental Protection Agency may not establish or implement any grant program. SEC. 3. PROHIBITION ON USE OF FUNDS FOR NEW OZONE STANDARDS. No funds made available under any Act may be used by the Environmental Protection Agency to implement any ozone standard promulgated after the date of enactment of this Act, including any national primary or secondary ambient air quality standard for ozone promulgated (or revised) under section 109 of the Clean Air Act (42 U.S.C. 7409). SEC. 4. ELIMINATION OF FUNDING FOR CERTAIN REGULATIONS AND PROGRAMS. (a) In General.--No Federal funds may be used by the Environmental Protection Agency-- (1) to regulate greenhouse gas emissions from mobile sources (including cars, trains, airplanes, and non-road equipment); (2) to regulate greenhouse gas emissions from fossil fuel- fired electric utility generating units under the Clean Air Act (42 U.S.C. 7401 et seq.); (3) for the Greenhouse Gas Reporting Program or any similar or successor program; (4) for the Global Methane Initiative or any similar or successor initiative; (5) for the Climate Resilience Fund or any similar or successor fund; (6) for the Climate Resilience Evaluation Awareness Tool or any similar or successor tool; (7) for the Green Infrastructure Program or any similar or successor program; (8) for the Climate Ready Water Utilities Initiative or any similar or successor initiative; or (9) for climate research at the Office of Research and Development of the Environmental Protection Agency. (b) Definition of Greenhouse Gas.--In this Act, the term ``greenhouse gas'' means any of carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, and perfluorocarbons. SEC. 5. TERMINATION OF CERTAIN EPA PROGRAMS. (a) National Clean Diesel Campaign.--The Environmental Protection Agency's National Clean Diesel Campaign is hereby terminated. (b) Environmental Justice Programs.--The Environmental Protection Agency's environmental justice programs are hereby terminated. SEC. 6. ELIMINATION OF EPA REGIONAL OFFICES. The Administrator of the Environmental Protection Agency shall discontinue operation and maintenance of the Environmental Protection Agency's State, regional, district, local, and other field offices, and activities carried out through those offices. SEC. 7. DISPOSAL OR LEASING OF UNDERUTILIZED PROPERTY REQUIRED. (a) Disposal or Leasing Required.--The Administrator of the Environmental Protection Agency shall dispose of or lease any property determined by the Office of Inspector General of the Environmental Protection Agency to be underutilized in the report entitled ``EPA Can Further Reduce Space in Under-Utilized Facilities'' dated February 20, 2013. (b) Fair Market Value Requirement.--Real property sold pursuant to this section shall be sold at not less than the fair market value as determined by the Administrator. Costs associated with disposal may not exceed the fair market value of the property unless the Administrator approves incurring such costs. (c) Monetary Proceeds Requirement.--Real property may be sold pursuant to this section only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). Disposal of real property pursuant to this section may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. (d) Rule of Construction.--Nothing in this section shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e). (e) Exemption From Certain Requirements.--Any expedited disposal of a real property conducted pursuant to this section shall not be subject to-- (1) subchapter IV of chapter 5 of title 40, United States Code; (2) sections 550 and 553 of title 40, United States Code; (3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); (4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or (5) any congressional notification requirement other than that in section 545 of title 40, United States Code.
Wasteful EPA Programs Elimination Act of 2015 This bill terminates all existing grant programs of the Environmental Protection Agency (EPA), its National Clean Diesel Campaign, and its environmental justice programs. The EPA may not establish new grant programs. Federal funds may not be used by the EPA: to implement any ozone standard promulgated after this bill's enactment date; to regulate greenhouse gas emissions from mobile sources, or from fossil fuel-fired electric utility generating units; for the Greenhouse Gas Reporting Program; for the Global Methane Initiative; for the Climate Resilience Fund; for the Climate Resilience Evaluation Awareness Tool; for the Green Infrastructure Program; for the Climate Ready Water Utilities Initiative; or for climate research at the EPA's Office of Research and Development. The EPA must: (1) discontinue operation and maintenance of its field offices and activities carried out through those offices, and (2) dispose of or lease any underutilized property.
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SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS. The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is amended by adding at the end the following new title: ``TITLE XI--AUTHORIZATION OF APPROPRIATIONS ``SEC. 1101. FISCAL YEAR 1993. ``There is authorized to be appropriated to carry out titles I, II, III, VII, IX, and X $200,000,000 for fiscal year 1993.''. SEC. 2. INCREASE IN SMALL BUSINESS ADMINISTRATION 1993 PROGRAM LEVELS. Section 20(g) of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the end the following new paragraph: ``(5) Effective beginning on the date of the enactment of this paragraph, each program level authorized by this subsection is increased by 50 percent.''. SEC. 3. TAX CREDIT TO EMPLOYERS FOR WAGES PAID TO INDIVIDUALS HIRED WITHIN 1 YEAR AFTER ENACTMENT. (a) In General.--Section 51 of the Internal Revenue Code of 1986 (relating to targeted jobs credit) is amended by adding at the end thereof the following new subsection: ``(l) Economic Recovery Hiring Incentives.-- ``(1) In general.--Every individual hired within 1 year after the date of the enactment of this subsection shall be treated as a member of a targeted group. ``(2) Increased credit.--In the case of individuals hired within 1 year after the date of the enactment of this subsection-- ``(A) subsection (a) shall be applied by substituting `50 percent' for `40 percent', ``(B) subsections (b)(3) and (h)(1)(A) shall be applied by substituting `$10,000' for `$6,000', and ``(C) subsection (h)(1)(B) shall be applied by substituting `$833.33' for `$500'.'' (b) 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. TAX-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT ACCOUNTS TO PURCHASE OR REFINANCE A HOME. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(8) Distributions to purchase or refinance a home.-- ``(A) In general.--In the case of a qualified residence distribution-- ``(i) the amount of such distribution shall not be includible in gross income, and ``(ii) section 72(t) shall not apply. ``(B) Qualified residence distribution.--For purposes of this paragraph-- ``(i) In general.--The term `qualified residence distribution' means any payment or distribution during the 1-year period beginning on the date of the enactment of this paragraph from an individual retirement plan to an individual to the extent that the amount thereof is used within a reasonable period to pay qualified acquisition or refinancing costs with respect to a principal residence for such individual. ``(ii) Qualified acquisition or refinancing costs.--The term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing or refinancing, or other closing costs. ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034.'' (c) Effective Date.--The amendments made by this section shall apply to payments and distributions made after the date of the enactment of this Act. SEC. 5. DELAY IN OBLIGATIONS OF CERTAIN DEFENSE, FOREIGN ASSISTANCE, SPACE, AND ENERGY RESEARCH PROGRAMS. Notwithstanding any other provision of law, no funds may be obligated-- (1) during fiscal year 1993-- (A) in excess of $100,000,000 for any contract to carry out the M1 Abrams Tank program; (B) in excess of $4,157,075,000 to carry out the space flight, spacecraft control, and communications activities of the National Aeronautics and Space Administration; (C) in excess of $988,789,000 to carry out the general science and research activities of the Department of Energy in accordance with the Department of Energy Organization Act; and (D) in excess of $900,000,000 to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961; and (2) during the period beginning on the date of the enactment of this Act and ending on September 30, 1993-- (A) for any contract to carry out the V-22 aircraft Osprey program; and (B) to carry out the functions of the Inter- American Foundation in accordance with section 401 of the Foreign Assistance Act of 1969 and section 9104 of title 31, United States Code.
Amends the Public Works and Economic Development Act of 1965 to authorize appropriations to carry out certain economic development programs for FY 1993. Amends the Small Business Act to increase the program levels of the Small Business Administration for FY 1993. Amends the Internal Revenue Code to allow the targeted jobs credit for every individual hired within one year after the date of enactment of this Act. Increases the amount of such credit. Excludes from gross income distributions from individual retirement accounts used to purchase or refinance a principal residence. Exempts such distributions from the penalty tax on early distributions from retirement plans. Provides for the delay or suspension of obligations for certain defense, foreign assistance, space, and energy research programs.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Sacramento River National Recreation Area Establishment Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sacramento River National Recreation Area, California. Sec. 5. Purpose and management of recreation area. Sec. 6. Sacramento River National Recreation Area Advisory Council. Sec. 7. Recreational facilities. Sec. 8. Hunting and fishing. Sec. 9. Use of motorized vehicles. Sec. 10. Water rights exclusion. Sec. 11. Private property. Sec. 12. Grazing. Sec. 13. State and local jurisdiction. Sec. 14. Limitation on fees. Sec. 15. Activities outside recreation area. SEC. 2. FINDINGS. Congress finds the following: (1) Outdoors recreational opportunities available on public lands at the Sacramento River Bend Area in Northern California are abundant and diverse and have made these lands a destination point for the recreating public. (2) Statutory protection of the use and enjoyment of these lands is needed to ensure that they continue to be a source of enjoyment and inspiration for all Americans. SEC. 3. DEFINITIONS. In this Act: (1) Recreation area.--The term ``recreation area'' means the Sacramento River National Recreation Area established by this Act. (2) Advisory council.--The term ``advisory council'' means the Sacramento River National Recreation Area Advisory Council established by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the recreation area, as developed and implemented pursuant to this Act. (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Redding field office.--The term ``Redding Field Office'' means the Redding, California, Field Office of the Bureau of Land Management. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. SACRAMENTO RIVER NATIONAL RECREATION AREA, CALIFORNIA. (a) Establishment.--In order to preserve and enhance recreational opportunities on public lands described in subsection (b) and to promote local economic development through recreation involving these lands, there is hereby established the Sacramento River National Recreation Area. (b) Area.--The recreation area consists of approximately 17,000 acres of public lands adjacent to the Sacramento River, and between its tributaries of Battle Creek and Seven Mile Creek, in Tehama and Shasta Counties, California, as generally depicted on the map entitled ``Tehama County, California, Board of Supervisors Proposed Sacramento River NRA Boundary Map'' and dated December 1, 2006. (c) Legal Descriptions; Correction of Errors.-- (1) Preparation.--The Secretary of the Interior, in consultation with the advisory council, shall prepare a final map and legal descriptions of the boundaries of the recreation area. (2) Submission.--The map and legal descriptions shall be submitted to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate as soon as practicable, but in no event later than two years after the date of the enactment of this Act. (3) Legal effect.--The map and legal descriptions of the recreation area shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 5. PURPOSE AND MANAGEMENT OF RECREATION AREA. (a) Management Purposes.--The Secretary, acting through the Redding Field Office, shall manage the recreation area for the following purposes: (1) To enhance managed recreational opportunities, including hiking, camping, equestrian activities, mountain biking, picnicking, wildlife viewing, hunting, fishing, geo- caching, marksmanship, swimming, archery, rafting, canoeing, kayaking, and boating. (2) To promote local economic development through recreation. (b) Management Plan.-- (1) Development.--Not later than three years after the date of the enactment of this Act, the Secretary shall complete a management plan for the recreation area to further the management purposes specified in subsection (a). As provided in section 6, the Secretary shall utilize the Sacramento River National Recreation Area Advisory Council in the development of the management plan and in making any amendment to the management plan under paragraph (3). (2) Reporting requirement.--On an annual basis, the Secretary shall submit to the advisory council a report on the implementation of the management plan. As part of the report, the Secretary may suggest such amendments to the management plan as the Secretary considers necessary to further the management purposes. (3) Amendments.--The Secretary may make such amendments to the management plan as the Secretary considers necessary to further the management purposes. (c) Public Participation.--In the development and amendment of the management plan, the Secretary shall encourage and solicit participation of the public at large, including landowners in the vicinity of the recreation area, interested individuals, organizations, elected officials of local jurisdictions, and government agencies. SEC. 6. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL. (a) Establishment and Purpose.--There is established an advisory committee to be known as the ``Sacramento River National Recreation Area Advisory Council'' for the purpose of-- (1) ensuring public involvement in the management of the recreation area; (2) providing advice, guidance, and recommendations to the Secretary pertaining to the development, implementation, and amendment of the management plan; and (3) improving collaborative relationships among persons and entities interested in the management of the recreation area. (b) Composition of Council.--The advisory council shall consist of the following members: (1) The Governor of California or the designee of the Governor. (2) Three individuals who represent Tehama County, California, appointed by the Board of Supervisors of Tehama County. (3) One individual who represents Shasta County, California, appointed by the Board of Supervisors of Shasta County. (4) Five individuals who reside within the jurisdictional boundaries of the Redding Field Office and represent the recreation community, appointed as provided in paragraph (2). (5) One individual who represents the interests of private landowners in Bend, California, appointed as provided in paragraph (2). (6) One individual who represents the interests of agriculture in Tehama County, California, appointed as provided in paragraph (2). (7) One individual who resides within the jurisdictional boundaries of the Redding Field Office and represents the conservation community, appointed as provided in paragraph (2). (c) Terms.--Members of the advisory council appointed under subsection (b) shall serve a term of three 3 years and may be reappointed, except that-- (1) one-third of the members initially appointed shall be appointed for a term of one year; and (2) one-third of the members initially appointed shall be appointed for a term of two years. (d) Chairperson.--The members of the advisory council shall elect a chairperson. The chairperson shall serve a term of one year and may be reelected. (e) Consultation.--The Secretary shall consult with the advisory council on a periodic basis to discuss matters relating to the development and implementation of the management plan for the recreation area. (f) Meetings.--The advisory council shall meet at the pleasure of the Secretary, though it shall meet no fewer than four times annually while the management plan is being developed, unless such meetings are determined by a majority of members of the advisory council to be unnecessary. Meetings of the advisory council shall be open to the public, and the advisory council shall provide interested persons a reasonable opportunity at a meeting to comment on the management of the recreation area. The Secretary shall provide appropriate notice of the time, date, and location of each meeting of the advisory council. (g) Compensation.--Members of the advisory council shall serve without pay. (h) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory council. SEC. 7. RECREATIONAL FACILITIES. The Secretary may develop public recreational facilities to further the management purposes of the recreation area specified in section 5(a). Such facilities may include trails, restrooms, parking areas, road pullouts, signs, campgrounds, stream crossings, interpretive centers, and administrative facilities reasonably appurtenant to recreational facilities. SEC. 8. HUNTING AND FISHING. Nothing in this Act shall be construed-- (1) to require or authorize the Secretary to diminish or prohibit hunting and fishing in the recreation area; or (2) to authorize the Secretary to supercede State law as it pertains to hunting and fishing. SEC. 9. USE OF MOTORIZED VEHICLES. (a) Limited to Designated Roadways.--Except as provided in subsection (b), motorized vehicle use on lands within the boundaries of the recreation area shall be permitted only on designated roadways. (b) Exception.--Subsection (a) shall not apply to the use of motorized vehicles in the recreation area authorized by the Secretary-- (1) for maintenance or construction undertaken to further the management purposes of the recreation area specified in section 5(a); or (2) for emergency or other authorized administrative purposes. SEC. 10. WATER RIGHTS EXCLUSION. Nothing in this Act shall be construed as authorizing the Secretary to acquire water rights to further the purposes of this Act. SEC. 11. PRIVATE PROPERTY. (a) Access to Private Property.--The Secretary shall provide any owner of private property within the boundaries of the recreation area access to the property to ensure the use and enjoyment of the property by the owner. (b) Improvements to Private Property.--Nothing in this Act shall be construed as limiting or diminishing the rights of any owner of private property within or adjacent to the recreation area, or any owner of an easement or right of way over public lands included in the recreation area that is used to provide access to privately held land located within or adjacent to the boundaries of the recreation area, to undertake improvements or enhancements to such property to ensure the continued use and enjoyment thereof. SEC. 12. GRAZING. Nothing in this Act shall be construed to prohibit, limit, or restrict the grazing of livestock within the recreation area. SEC. 13. STATE AND LOCAL JURISDICTION. Nothing in this Act shall be construed to diminish, enlarge, or modify any right of the State of California or any political subdivision of the State, to carry out State or local laws, rules, and regulations within the boundaries of the recreation area for the purposes of ensuring public safety and the general welfare of the public. SEC. 14. LIMITATION ON FEES. The Secretary shall not charge any fee for same-day access to, or use of, the recreation area, unless a significant service is provided, as required by the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). SEC. 15. ACTIVITIES OUTSIDE RECREATION AREA. The establishment of the recreation area shall not be construed to-- (1) create a protective perimeter or buffer zone around the recreation area; or (2) preclude uses or activities outside the recreation area that are permitted under other applicable laws, even if the uses or activities are prohibited within the recreation area.
Sacramento River National Recreation Area Act of 2006 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a a management plan for such Area to: (1) enhance managed recreational opportunities, including hiking, camping, mountain biking, picnicking, wildlife viewing hunting, fishing, swimming, and boating; and (2) promote local economic development through recreation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Electronic Health Records (iEHR) for Military and Veterans Act''. SEC. 2. PRIZE PROGRAM FOR THE DEVELOPMENT OF A FULLY-INTEGRATED ELECTRONIC HEALTH RECORDS PROGRAM FOR USE BY THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Prize Authority.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a program to award a cash prize in the amount of $50,000,000 and contract to an entity that develops a fully-integrated electronic health records program for national use by the Department of Defense and the Department of Veterans Affairs. (2) Advertising and solicitation of competitors.-- (A) Advertising.--The Secretaries shall widely advertise prize competitions under this section to encourage broad participation by researchers, large and small businesses, institutions of higher education, and any other qualified applicants, including veterans. (B) Announcement through federal register notice.-- The Secretaries shall announce each prize competition under this section by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize and contract. (3) Announcement of prizes.--The Secretary may not issue a notice required by paragraph (2)(B) until all the funds needed to pay out the announced amount of the prize have been appropriated. (b) Eligibility.--To be eligible to win a prize under this section, an individual or entity-- (1) shall have complied with all the requirements in accordance with the Federal Register notice required under subsection (a)(2)(B); (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (3) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment. (c) Joint Panel.-- (1) Establishment.--The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint panel to establish the criteria for the development of a fully- integrated electronic health records program eligible for an award and contract under this section to ensure that the program meets the requirements of the Department of Defense and the Department of Veterans Affairs. (2) Membership.-- (A) In general.--The members of the joint panel shall be-- (i) one physician from each of the military departments, to be appointed by the Secretary of the military department concerned; (ii) two physicians employed by the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs; and (iii) two representatives of the Veterans Benefits Administration of the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs. (B) Deadline for appointment.--Members of the joint panel shall be appointed by not later than 14 days after the date of the enactment of this Act. Any member who is not appointed by such deadline shall not be appointed to the panel. (3) Deadline for criteria.--The joint panel shall establish criteria with sufficient specificity for development, taking best practices of private and public electronic health records under consideration. If the panel fails to agree on such criteria or if an insufficient number of members are appointed to the panel before the deadline under paragraph (2)(B), the National Health Information Technology Coordinator shall determine such criteria, taking best practices of private and public electronic health record systems into consideration. (d) Deadline for Submissions.--The deadline for the submission of an application to participate in the competition under this section is the date that is one year after the date on which the criteria are established under subsection (c), or if such date falls on a weekend, the next weekday following such date. (e) Award Selection.--The Secretary of Defense and the Secretary of Veterans Affairs shall award prizes under this section on the basis of the criteria published in the notice required under subsection (a)(2)(B). (f) Contract.--Notwithstanding any other provision of law, the entity that is awarded a prize under this section shall be awarded a contract with the Department of Defense and the Department of Veterans Affairs to provide the fully-integrated electronic health records program for which the prize is awarded to the Departments and to provide maintenance and support for such program for a five-year period and under such contract shall be compensated in an amount of $25,000,000 for each year. (g) Intellectual Property.-- (1) Treatment of winning intellectual property.--Upon the expiration of the contract referred to in subsection (e) the intellectual property rights in the fully-integrated electronic health records program for which a prize is awarded under this section shall revert to the Federal Government. The entity that is awarded a prize under this section shall retain the intellectual property rights in any upgrades to the program developed by the entity. (2) Other intellectual property.--Except as provided in paragraph (1), the Federal Government shall not, by virtue of offering or awarding a prize under this section, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this section. This subsection shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this section. (h) Liability.-- (1) Waiver of liability.--The Secretary of Defense and the Secretary of Veterans Affairs may require registered participants to waive claims against the Federal Government (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants' participation in a competition under this section. The Secretary shall give notice of any waiver required under this paragraph in the notice required by subsection (a)(2)(B). (2) Liability insurance.-- (A) Requirements.--Registered participants in a prize competition under this section shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (i) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this section; and (ii) the Federal Government for damage or loss to Government property resulting from such an activity. (B) Federal government insured.--The Federal Government shall be named as an additional insured under a registered participant's insurance policy required under subparagraph (A) with respect to claims described in clause (i) of that subparagraph, and registered participants shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities under this section. (i) Nonsubstitution.--The programs created under this section shall not be considered a substitute for Federal research and development programs. (j) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 to carry out this section.
Integrated Electronic Health Records (iEHR) for Military and Veterans Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly carry out a program to award a cash prize ($50 million) and contract to an entity that develops a fully-integrated electronic health records program for national use by DOD and VA. Directs the Secretaries to: (1) widely advertise the prize competitions and announce each one in the Federal Register, and (2) create a joint panel to establish criteria for the program's development. Requires the prize recipient to be awarded a contract with DOD and VA to provide the program, including maintenance and support, and to be compensated at $25 million per year for five years. Reverts to the federal government, after such period, any intellectual property developed under the contract. Authorizes the Secretaries to require competition participants to waive claims against the federal government (except for willful conduct) arising from such participation, and requires participants to obtain liability insurance therefor.
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SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN STANDARDS. The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) is amended-- (1) by repealing part B of title II (20 U.S.C. 5841 et seq.); (2) by redesignating parts C and D of title II (20 U.S.C. 5861 et seq. and 5871 et seq.) as parts B and C, respectively, of title II; and (3) in section 241 (20 U.S.C. 5871)-- (A) in subsection (a), by striking ``(a) National Education Goals Panel.--''; and (B) by striking subsections (b) through (d). SEC. 2. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT. (a) Panel Composition; Opportunity-To-Learn Standards; and Submission of Plan to the Secretary for Approval.-- (1) State improvement plan.--Section 306 of the Goals 2000: Educate America Act (20 U.S.C. 5886) is amended-- (A) by amending subsection (b) to read as follows: ``(b) Plan Development.--A State improvement plan under this title shall be developed by a broad-based State panel in cooperation with the State educational agency and the Governor.''; (B) by striking subsection (d); (C) by striking subsection (n); (D) by amending subsection (p) to read as follows: ``(p) Amendments to Plan.--Each State educational agency shall periodically review its State improvement plan and revise such plan, as appropriate.''; and (E) by striking subsection (q). (2) Secretary's review of applications.--Section 307 of such Act (20 U.S.C. 5887) is amended-- (A) by amending subsection (a) to read as follows: ``(a) First Year.--The Secretary shall approve the State educational agency's first year application under section 305(b) if the Secretary determines that such application meets the requirements of this title.''; and (B) in subsection (b), by striking ``(1)(A)'' and all that follows through ``(B) the Secretary'' and inserting ``(1) the Secretary''. (b) Local Panel Composition.--Section 309(a)(3)(A) of such Act (20 U.S.C. 5889(a)(3)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``that--'' and inserting a semicolon; and (2) by striking clauses (i) and (ii). (c) Local Bypass.--Section 304 of such Act (20 U.S.C. 5884) is amended by adding at the end the following new subsection: ``(e) Local Bypass.-- ``(1) Local grants authorized.--Notwithstanding any other provision of law, if a State does not participate in the program authorized under this title, the Secretary is authorized to use the allotment such State would have received under this section to award grants, through a competitive process, to local educational agencies in such State that have applications approved under paragraph (2). ``(2) Application required.--Each local educational agency described in paragraph (1) desiring a grant under such paragraph shall submit an application to the Secretary at such time, in such manner and accompanied by such information, as the Secretary may require. Each such application shall contain assurances that the local educational agency will develop a local improvement plan that meets such requirements applicable to a State educational agency under section 306, and will meet such other requirements applicable to a State educational agency under this title, as the Secretary determines are appropriately applied to a local educational agency under this subsection.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Goals 2000: Educate America Act.-- (1) The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II-- (A) by striking the items relating to part B; (B) by striking ``Part C'' and inserting ``Part B''; and (C) by striking ``Part D'' and inserting ``Part C''. (2) Section 2 of such Act (20 U.S.C. 5801) is amended-- (A) in paragraph (4)-- (i) in subparagraph (B), by inserting ``and'' after the semicolon; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) in paragraph (6)-- (i) by striking subparagraph (C); and (ii) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. (3) Section 3(a) of such Act (20 U.S.C. 5802) is amended-- (A) by striking paragraph (7); and (B) by redesignating paragraphs (8) through (14) as paragraphs (7) through (13), respectively. (4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is amended by striking ``, voluntary national student performance'' and all that follows through ``such Council'' and inserting ``and voluntary national student performance standards''. (5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is amended by striking ``, student performance, or opportunity-to- learn'' and inserting ``or student performance''. (6) Section 203 of such Act (20 U.S.C. 5823) is amended-- (A) in subsection (a)-- (i) by striking paragraphs (2) and (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively; and (iii) by amending paragraph (2) (as redesignated by clause (ii)) to read as follows: ``(2) review voluntary national content standards and voluntary national student performance standards;''; and (B) in subsection (b)(1)-- (i) in subparagraph (A), by inserting ``and'' after the semicolon; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is amended-- (A) by striking ``voluntary national opportunity- to-learn standards,''; and (B) by striking ``described in section 213(f)''. (8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is amended-- (A) in subparagraph (A), by adding ``and'' after the semicolon; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). (9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is amended by striking ``State opportunity-to-learn standards or strategies,''. (10) Section 308 of such Act (20 U.S.C. 5888) is amended-- (A) in subsection (b)(2)-- (i) in the matter preceding clause (i) of subparagraph (A), by striking ``State opportunity-to-learn standards,''; and (ii) in subparagraph (A), by striking ``including--'' and all that follows through ``part B of title II;'' and inserting ``including through consortia of States;''; and (B) in subsection (c), by striking ``306(b)(1)'' and inserting ``306(b)''. (11) Section 312(b) of such Act (20 U.S.C. 5892(b)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (12) Section 314(a)(6)(A) of such Act (20 U.S.C. 5894(a)(6)(A)) is amended by striking ``certified by the National Education Standards and Improvement Council and''. (13) Section 315 of such Act (20 U.S.C. 5895) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(C), by striking ``, including the requirements for timetables for opportunity-to-learn standards,''; (ii) by striking paragraph (2); (iii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (iv) in paragraph (1)(A), by striking ``paragraph (4) of this subsection'' and inserting ``paragraph (3)''; (v) in paragraph (2) (as redesignated by clause (iii))-- (I) by striking subparagraph (A); (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (III) in subparagraph (A) (as redesignated by subclause (II)) by striking ``, voluntary natural student performance standards, and voluntary natural opportunity-to-learn standards developed under part B of title II of this Act'' and inserting ``and voluntary national student performance standards''; (vi) in subparagraph (B) of paragraph (3) (as redesignated by clause (iii)), by striking ``paragraph (5),'' and inserting ``paragraph (4),''; and (vii) in paragraph (4) (as redesignated by clause (ii)), by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (3)''; (B) in the matter preceding subparagraph (A) of subsection (c)(2)-- (i) by striking ``subsection (b)(4)'' and inserting ``subsection (b)(3)''; and (ii) by striking ``and to provide a framework for the implementation of opportunity-to-learn standards or strategies''; and (C) in subsection (f), by striking ``subsection (b)(4)'' each place it appears and inserting ``subsection (b)(3)''. (14)(A) Section 316 of such Act (20 U.S.C. 5896) is repealed. (B) The table of contents for such Act is amended by striking the item relating to section 316. (15) Section 317 of such Act (20 U.S.C. 5897) is amended-- (A) in subsection (d)(4), by striking ``promote the standards and strategies described in section 306(d),''; and (B) in subsection (e)-- (i) in paragraph (2), by inserting ``and'' after the semicolon; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3). (16) Section 503 of such Act (20 U.S.C. 5933) is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``28'' and inserting ``27''; (II) by striking subparagraph (D); and (III) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively; (ii) in paragraphs (2), (3), and (5), by striking ``subparagraphs (E), (F), and (G)'' each place it appears and inserting ``subparagraphs (D), (E), and (F)''; (iii) in paragraph (2), by striking ``subparagraph (G)'' and inserting ``subparagraph (F)''; (iv) in paragraph (4), by striking ``(C), and (D)'' and inserting ``and (C)''; and (v) in the matter preceding subparagraph (A) of paragraph (5), by striking ``subparagraph (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or (F)''; and (B) in subsection (c)-- (i) in paragraph (1)(B), by striking ``subparagraph (E)'' and inserting ``subparagraph (D)''; and (ii) in paragraph (2), by striking ``subparagraphs (E), (F), and (G)'' and inserting ``subparagraphs (D), (E), and (F)''. (17) Section 504 of such Act (20 U.S.C. 5934) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (b) Elementary and Secondary Education Act of 1965.-- (1) Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (A) in subsection (b)(8)(B), by striking ``(which may include opportunity-to-learn standards or strategies developed under the Goals 2000: Educate America Act)''; (B) in subsection (f), by striking ``opportunity- to-learn standards or strategies,''; (C) by striking subsection (g); and (D) by redesignating subsection (h) as subsection (g). (2) Section 1116 of such Act (20 U.S.C. 6317) is amended-- (A) in subsection (c)-- (i) in paragraph (2)(A)(i), by striking all beginning with ``, which may'' through ``Act''; and (ii) in paragraph (5)(B)(i)-- (I) in subclause (VI), by inserting ``and'' after the semicolon; (II) in subclause (VII), by striking ``; and'' and inserting a period; and (III) by striking subclause (VIII); and (B) in subsection (d)-- (i) in paragraph (4)(B), by striking all beginning with ``, and may'' through ``Act''; and (ii) in paragraph (6)(B)(i)-- (I) by striking subclause (IV); and (II) by redesignating subclauses (V) through (VIII) as subclauses (IV) through (VII), respectively. (3) Section 1501(a)(2)(B) of such Act (20 U.S.C. 6491(a)(2)(B)) is amended-- (A) by striking clause (v); and (B) by redesignating clauses (vi) through (x) as clauses (v) through (ix), respectively. (4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C. 8001(b)(1)(A)(i)) is amended by striking ``and opportunity-to- learn standards or strategies for student learning''. (5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C. 8941(b)(1)(B)(v)) is amended by striking ``the National Education Goals Panel,'' and all that follows through ``assessments)'' and inserting ``and the National Education Goals Panel''. (c) General Education Provisions Act.--Section 428 of the General Education Provisions Act (20 U.S.C. 1228b), as amended by section 237 of the Improving America's Schools Act of 1994 (Public Law 103-382), is amended by striking ``the National Education Standards and Improvement Council,''. (d) Education Amendments of 1978.--Section 1121(b) of the Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended by section 381 of the Improving America's Schools Act of 1994 (Public Law 103-382), is amended by striking ``213(a)'' and inserting ``203(a)(2)''.
Amends the Goals 2000: Educate America Act (Goals 2000) to eliminate the National Education Standards and Improvement Council (the Council). Eliminates the requirement that the National Education Goals Panel review and approve model or national content standards, national student performance standards, or national opportunity-to-learn standards. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Revises Goals 2000 provisions for State improvement plans to eliminate Federal requirements with respect to: (1) the composition, duties, and procedures of the broad-based State panel which is to develop such plans in cooperation with the State educational agency and the Governor; (2) establishment of opportunity-to-learn standards and strategies; and (3) peer review and approval by the Secretary of Education of such plans and their amendments. Revises provisions for the Secretary's review of State educational agency applications for Goals 2000 funds to eliminate certain conditions of approval. Revises provisions for Goals 2000 subgrants for local reform and professional development to eliminate certain requirements with respect to local panel appointments, composition, and procedures in developing local plans. Authorizes the Secretary to bypass any State that does not participate in the Goals 2000 program and use its allotment to award competitive grants to local educational agencies in such State with applications approved by the Secretary. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Self-Sufficiency Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) A principal objective of programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is to move economically disadvantaged adults toward self-sufficiency through employment that pays a wage and benefits at a level that will allow these adults to support themselves and their dependents without public assistance. (2) While there is evidence that PRWORA has been successful in moving people off welfare and into jobs, it is not known whether these individuals are on the path to economic independence. There is no standardized method for measuring the extent to which PRWORA is meeting the objective of moving families toward self-sufficiency or the impact of public work supports. There is no requirement that States, Congress, or the Administration ascertain the point at which individual families living in specific locations will reach self-sufficiency. (3) At the same time, there is no way of determining what programs have been successful in preparing individuals for the workforce, helping them retain jobs, and moving them in the direction of economic independence. (4) Absent this information, the Congress cannot fully evaluate the success of welfare reform or ensure that state and federal funds are being allocated where they will do the most good. (5) States should understand when families reach self- sufficiency, what programmatic investments help families toward economic independence, and should be rewarded for putting programs in place that will ensure the long-term success of welfare leavers by helping them move toward economic independence. SEC. 3. SELF-SUFFICIENCY STANDARDS. (a) In General.--Section 402 of the Social Security Act (42 U.S.C. 602) is amended-- (1) in subsection (a), by inserting ``, subject to subsection (b),'' after ``the Secretary has found''; and (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following: ``(b) Self-Sufficiency Standards.-- ``(1) In general.--The Secretary may not find that a State plan includes the material described in subsection (a) unless the plan includes a specification of the income needs of families (in this part referred to as `self-sufficiency standards'), adopted or developed by the State, based on family size, the number and ages of children in the family, and sub- State geographical considerations. ``(2) Criteria.--The State self-sufficiency standards shall separately specify the monthly costs of housing, food, child care, transportation, health care, other basic needs, and taxes (including tax benefits), and shall be determined using national, State, and local data on the cost of purchasing goods and services in the marketplace. ``(3) Categories of families.--The State self-sufficiency standards shall categorize families-- ``(A) by whether there are 1 or 2 adults in the family; ``(B) by whether there are 0, 1, 2, 3, or more than 3 children in the family; and ``(C) by the age of each child in the family, according to whether a child is an infant, of pre- school age, of school age, or a teenager. ``(4) Regulations.--The Secretary shall prescribe the protocols, criteria, cost categories, definitions, and means of making inflation adjustments to be used in developing self- sufficiency standards pursuant to this subsection, which shall be based on commonly accepted definitions of adequacy, such as those used for establishing fair market rents, and that reflect, to the extent possible, consensus and use among those calculating family budgets and self-sufficiency standards. ``(5) Recency of data.--The self-sufficiency standards developed pursuant to this subsection shall-- ``(A) be recalculated on adoption if the data on which the standards are based is more than 3 years old; ``(B) be recalculated every 5 years after adoption; and ``(C) be updated for inflation each year after adoption in which the standards are not being recalculated pursuant to subparagraph (B).''. (b) Reports.--Section 411 of such Act (42 U.S.C. 611) is amended by adding at the end the following: ``(c) Self-Sufficiency Reports.-- ``(1) Collection of information on income of persons leaving tanf.--With respect to each family whose participation in the State program funded under this part ends during a calendar quarter in a fiscal year, the State shall collect information on the monthly income of the family as of the time the participation ends and during the same quarter in each of the next 2 fiscal years, based on data of the State unemployment insurance program and benefit programs whose assistance, subsidies, and services provided to the family by any agency of government has the effect of reducing the cost of living of the family. ``(2) Annual reports.--Each eligible State shall submit to the Secretary annually a report that contains the following information for the fiscal year most recently ending before the date the report is submitted: ``(A) Income information.--The information collected pursuant to paragraph (1) of this subsection during the fiscal year as compared with the State self- sufficiency standards developed pursuant to section 402(b) for the families involved. ``(B) Information on programs and services leading to self-sufficiency.--A description of the ways in which, during the fiscal year, the State program funded under this part and support services provided by the State to recipients of assistance from the program moved families toward self-sufficiency, which shall highlight programs and services that appeared to have a particularly positive effect on achieving self-sufficiency. ``(C) Uses of self-sufficiency standards.--A description of how the State used the self-sufficiency standards during the fiscal year, including whether the standards were used-- ``(i) in counseling recipients of assistance from the State program funded under this part about their income needs and career options; ``(ii) as a benchmark for program evaluation; ``(iii) to identify opportunities to improve program performance, including identifying sub-groups or geographic areas in need of enhanced services; ``(iv) to assess need of recipients of assistance for vocational training, pre- apprenticeship and apprenticeship activities, post-secondary education, and basic literacy, English-as-a-second-language, mental health, substance abuse, domestic violence, and homelessness services; and ``(v) to identify programs or strategies which are most promising in assisting those who participate in the State program to achieve self-sufficiency. ``(3) Summaries of state reports.--The Secretary shall annually submit to the Congress a report that summarizes the reports submitted pursuant to paragraph (2), and shall make the reports available electronically to the general public in a timely manner.''. (c) Funding.--Section 413 of such Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Technical Assistance in Developing Self-Sufficiency Standards.-- ``(1) In general.--The Secretary may provide financial or technical assistance to an eligible State to enable the State to develop or improve the State self-sufficiency standards and produce State reports required by section 402(b). The Secretary shall carry out this paragraph by making a grant to or entering into a contract with an organization or institution with substantial experience in calculating and implementing on the State level family budgets and self-sufficiency standards. An organization or institution desiring to provide technical assistance described in this paragraph shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Limitations on authorization of appropriations.--For the cost of carrying out paragraph (1), there are authorized to be appropriated to the Secretary not more than $1,000,000 for each fiscal year.''. (d) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. SELF-SUFFICIENCY BONUS. (a) In General.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Bonus to encourage states to move families to self- sufficiency.-- ``(A) In general.--The Secretary shall make a grant pursuant to this paragraph to an eligible State for each fiscal year specified in subparagraph (G) for which the State is a self-sufficiency improvement State. ``(B) Amount of grant.-- ``(i) In general.--The amount of the grant payable under this paragraph to a self- sufficiency improvement State for a fiscal year shall, subject to clause (ii), be an amount equal to 1 percent of the State family assistance grant. ``(ii) Pro rata increase.--If the dollar amount specified in subparagraph (G) for a fiscal year exceeds the total amount otherwise payable under this paragraph for a fiscal year, the Secretary shall increase the amount of the grant otherwise payable to each State by such equal percentage as is necessary to ensure that such dollar amount equals the total amount so payable. ``(C) Self-sufficiency improvement state.--A State is a self-sufficiency improvement State for a fiscal year for purposes of this paragraph if the self- sufficiency score of the State for the fiscal year is greater than the self-sufficiency score of the State for the preceding fiscal year. ``(D) State self-sufficiency score.--The self- sufficiency score of a State for a fiscal year for purposes of this paragraph shall be an amount equal to the average of the self-sufficiency scores of the qualified leaver families in the State for the fiscal year. ``(E) Family self-sufficiency score.-- ``(i) In general.--The self-sufficiency score of a family for a fiscal year for purposes of this paragraph shall be an amount equal to the income of the family for the fiscal year divided by the State self- sufficiency standard for the family for the fiscal year. ``(ii) Determination of income.--In determining the income of a family, the State shall take into account as income earnings, child support, and the value of benefits, assistance, subsidies, and services of any kind that are provided to the family by any agency of government and the receipt of which has the effect of reducing the cost of living of the family, net of any premium, copayment, or fee required to obtain the benefit, assistance, or service. ``(F) Definitions.--In this paragraph: ``(i) Qualified leaver families.--The term `qualified leaver families' means, with respect to a State, the leaver families in the State. ``(ii) Leaver families.--The term `leaver families' means, with respect to a State and a particular fiscal year, all families that whose participation in the State program funded under this part ended during the period that begins with October 1 of the fiscal year in which this paragraph is enacted, and ends with the end of the particular fiscal year. ``(G) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2002 through 2006 $200,000,000 for grants under this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2002.
Self-Sufficiency Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to require State TANF plans to include a specification of the income needs of families adequate for attaining self-sufficiency.Requires the State to: (1) collect information on the monthly income of the family as of the time participation in the State TANF program ends and during the same quarter in each of the next two fiscal years; and (2) submit to the Secretary of Health and Human Services annually a report that among other things describes the ways in which, during the fiscal year, the State program funded under this part and support services provided by the State to TANF recipients moved families toward self-sufficiency.Authorizes the Secretary to provide financial or technical assistance to enable an eligible State to develop or improve the State self-sufficiency standards and produce required State reports.Amends SSA title IV part A to direct the Secretary to make a grant for each specified fiscal year for which the self-sufficiency score of a State is greater than its self-sufficiency score for the preceding fiscal year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chapter 12 Extension and Bankruptcy Judgeship Act of 2000''. SEC. 2. AMENDMENTS. (a) Extension of Chapter 12.--Section 149 of title I of division C of Public Law 105-277, as amended by Public Law 106-5 and Public Law 106-70, is amended-- (1) by striking ``July 1, 2000'' each place it appears and inserting ``June 1, 2001''; and (2) in subsection (a)-- (A) by striking ``September 30, 1999'' and inserting ``June 30, 2000''; and (B) by striking ``October 1, 1999'' and inserting ``July 1, 2000''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on July 1, 2000. SEC. 3. BANKRUPTCY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the eastern district of California. (B) Four additional bankruptcy judges for the central district of California. (C) One additional bankruptcy judge for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Two additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) shall not be filled if the vacancy-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1). (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--Except as provided in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) shall continue to apply to the temporary office of bankruptcy judges referred to in such paragraph. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``Each bankruptcy judge authorized to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''. Passed the House of Representatives October 31, 2000. Attest: Clerk. 106th CONGRESS 2d Session H. R. 5540 _______________________________________________________________________ AN ACT To extend for 11 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted; to provide for additional temporary bankruptcy judges; and for other purposes.
Makes this amendment effective as of July 1, 2000 (the previous expiration date). Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Provides that the first vacancy occurring in such district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, and the districts of Delaware, Puerto Rico, and South Carolina, and the eastern district of Tennessee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs, On-the-Job `Earn While You Learn' Training, and Apprenticeships for African-American Young Men Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) African-American young men ages 18 to 39 are the hardest hit in unemployment, with an unemployment rate of 41 percent nationally, and in some States and cities, especially inner cities, higher than 50 percent; (2) this extraordinarily high unemployment rate has a terrible rippling impact on the breakdown of the family structure, as men in this age group are in the primary child- producing ages; and (3) an unemployment rate of 40 to 50 percent among African- American young men, many of who are fathers who, without jobs, and are unable to provide for their families, is not only a national crisis but a national tragedy. (b) Purpose.--The purpose of this Act is to secure jobs, on-the-job training, and apprenticeships for African-American young men ages 18 to 39 with the labor unions, general contractors, and businesses who will rebuild the Nation's crumbling infrastructure in cities and communities throughout the Nation. SEC. 3. URGING EMPLOYMENT, ON-THE-JOB TRAINING, AND APPRENTICESHIPS FOR UNEMPLOYED AFRICAN-AMERICAN YOUNG MEN IN REBUILDING THE NATION'S CRUMBLING INFRASTRUCTURE. (a) In General.--The Secretary of Labor shall strongly and urgently request those labor unions, general contractors, and businesses, who will rebuild the Nation's crumbling infrastructure, transportation systems, technology and computer networks, and energy distribution systems, to actively recruit, hire, and provide on-the-job training to African-American young men ages 18 to 39 through their existing jobs, apprenticeships, and ``earn while you learn'' programs. The Secretary shall provide assistance to such labor unions, general contractors, and businesses through every means available to help coordinate the recruitment of such individuals for such jobs, on-the-job training, and apprenticeships. (b) Coordination.--The jobs, on-the-job training, and apprenticeships made available by labor unions, general contractors, and businesses described in subsection (a) shall be conducted in conjunction with the Secretary of Labor and the labor unions and other associations which have been identified as those primarily involved in the infrastructure rebuilding described in such subsection, including the International Brotherhood of Electrical Workers (IBEW), the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Union, the International Brotherhood of Teamsters, the National Electrical Contractors Association, the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART), the Laborers' International Union of North America (LIUNA), the International Union of Operating Engineers (IUOE), and the United Steelworkers (USW). Such coordination shall also be done in conjunction with the National Joint Apprenticeship and Training Committee, which allows apprentices to earn while they learn. (c) Recruitment.--The labor unions, general contractors, and businesses described in subsections (a) and (b) shall recruit African- American young men for the jobs, on-the-job training, and apprenticeships described in subsection (a) by reaching out and seeking assistance from within the African-American community, churches, the National Urban League, the NAACP, 100 Black Men of America, high school and college job placement offices, media outlets, and other African- American organizations that can offer valuable assistance to the Secretary of Labor, the labor unions, general contractors, and businesses with identifying, locating, and contacting unemployed African-American young men who want jobs, on-the-job training, and apprenticeships. These African-American organizations have a long and rich history of working to improve the lives of African-Americans, and can be very helpful in successfully reaching, contacting, and recruiting unemployed African-American young men. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that this Act-- (1) while rebuilding the crumbling infrastructure of this great Nation, will simultaneously help create good paying jobs and job training that will provide African-American young men ages 18 to 39 with the technical skills, computer capabilities, and other skills necessary in this high technology-driven job market, thus providing African-American young men with highly developed skills that will make them very competitive and attractive to many employers; and (2) greatly exemplifies and strengthens the high nobility of purpose that is the founding grace of this great Nation.
Jobs, On-the-Job "Earn While You Learn" Training, and Apprenticeships for African-American Young Men Act This bill requires the Department of Labor to request labor unions, general contractors, and businesses that will rebuild infrastructure, transportation systems, technology and computer networks, and energy distribution systems to actively recruit, hire, and provide on-the-job training to African American men ages 18 to 39 through existing jobs, apprenticeships, and "earn while you learn" programs. Labor must help coordinate such recruitment. The jobs, training, and apprenticeships must be conducted in conjunction with Labor, labor unions and associations involved in infrastructure rebuilding, and the National Joint Apprenticeship and Training Committee. Labor unions, contractors, and businesses involved with such infrastructure or systems must recruit by seeking assistance from the African American community, churches, the National Urban League, the National Association for the Advancement of Colored People, 100 Black Men of America, high school and college job placement offices, and media outlets.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend the American Dream Act of 2007''. SEC. 2. WAGE DETERMINATION. (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: ``(A) The employer-- ``(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least-- ``(I) the locally determined prevailing wage level for the occupational classification in the area of employment; ``(II) the median average wage for all workers in the occupational classification in the area of employment; or ``(III) the median wage for skill level two in the occupational classification found in the most recent Occupational Employment Statistics survey; whichever is greatest, based on the best information available as of the time of filing of the application; and ``(ii) will provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed. The wage determination methodology used under clause (i) shall be submitted with the application.''. (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) If the employer employed, in such previous period as the Secretary shall specify, one or more H-1B nonimmigrants, the application shall be accompanied by the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''. (c) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act. SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT. (a) Extending Time Period for No Displacement.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(E)(i), by striking ``90 days'' and inserting ``180 days'' each place it appears; and (2) in paragraph (2)(C)(iii), in the matter before subclause (I), by striking ``90 days'' and inserting ``180 days'' each place it appears. (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting ``actively'' before ``recruit''. (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 U.S.C. 1182(n)) is amended-- (1) by amending subparagraph (F) of paragraph (1) to read as follows: ``(F) The employer shall not place, out-source, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer, regardless of whether or not such other employer is an H-1B- dependent employer.''; and (2) by striking subparagraph (E) of paragraph (2). (d) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act, except that the amendments made by subsection (a) shall not apply to displacements for periods occurring more than 90 days before such date. SEC. 4. H-1B EMPLOYER REQUIREMENTS. (a) Public Listing of Available Positions.-- (1) Listing of available positions.--Section 212(n)(1)(C) of such Act is amended-- (A) in clause (i), by striking ``(i) has provided'' and inserting the following: ``(ii)(I) has provided''; (B) by redesignating clause (ii) as subclause (II); and (C) by inserting before clause (ii), as redesignated, the following: ``(i) has advertised the job availability on the list described in paragraph (6), for at least 30 calendar days; and''. (2) List maintained by the department of labor.--Section 212(n) of such Act, is amended by adding at the end the following: ``(6)(A) Not later than 90 days after the date of the enactment of this paragraph, the Secretary of Labor shall establish a list of available jobs, which shall be publicly accessible without charge-- ``(i) on a website maintained by the Department of Labor, which website shall be searchable by-- ``(I) the name, city, State, and zip code of the employer; ``(II) the date on which the job is expected to begin; ``(III) the title and description of the job; and ``(IV) the State and city (or county) at which the work will be performed; and ``(ii) at each 1-stop center created under the Workforce Investment Act of 1998 (Public Law 105-220). ``(B) Each available job advertised on the list shall include-- ``(i) the employer's full legal name; ``(ii) the address of the employer's principal place of business; ``(iii) the employer's city, State and zip code; ``(iv) the employer's Federal Employer Identification Number; ``(v) the phone number, including area code and extension, as appropriate, of the hiring official or other designated official of the employer; ``(vi) the e-mail address, if available, of the hiring official or other designated official of the employer; ``(vii) the wage rate to be paid for the position and, if the wage rate in the offer is expressed as a range, the bottom of the wage range; ``(viii) whether the rate of pay is expressed on an annual, monthly, biweekly, weekly, or hourly basis; ``(ix) a statement of the expected hours per week that the job will require; ``(x) the date on which the job is expected to begin; ``(xi) the date on which the job is expected to end, if applicable; ``(xii) the number of persons expected to be employed for the job; ``(xiii) the job title; ``(xiv) the job description; ``(xv) the city and State of the physical location at which the work will be performed; and ``(xvi) a description of a process by which a United States worker may submit an application to be considered for the job. ``(C) The Secretary of Labor may charge a nominal filing fee to employers who advertise available jobs on the list established under this paragraph to cover expenses for establishing and administering the requirements under this paragraph. ``(D) The Secretary may promulgate rules, after notice and a period for comment-- ``(i) to carry out the requirements of this paragraph; and ``(ii) that require employers to provide other information in order to advertise available jobs on the list.''. (3) Effective date.--Paragraph (1) shall take effect for applications filed at least 30 days after the creation of the list described in paragraph (2). (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended by this Act, is further amended-- (1) by inserting after subparagraph (H) the following: ``(I)(i) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(I) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(II) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(ii) The employer has not only recruited persons who are, or who may become, H-1B nonimmigrants to fill the job or jobs.''; and (2) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(J) The employer''. (c) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (J) the following: ``(K) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (d) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(l) Employer To Share All Immigration Paperwork Exchanged With Federal Agencies.--Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.''. SEC. 5. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN ALIENS. (a) In General.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (A), by adding ``or'' after the semicolon; (2) in subparagraph (B), by striking ``; or'' and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to the issuance of a visa (or other provision of status) under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 6. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B SPECIALITY OCCUPATION NONIMMIGRANTS. (a) In General.--Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(2)) is amended-- (1) in subparagraph (A), by adding ``or'' at the end; (2) in subparagraph (B), by inserting ``, from a bona fide educational institution in the United States or from an educational institution that is at least equivalent to such an institution in the United States,'' after ``paragraph (1)(B)''; (3) in subparagraph (B), by striking ``, or'' and inserting a period; and (4) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed on or after the date of the enactment of this Act. SEC. 7. LABOR ENFORCEMENT. (a) Centralization of Administrative and Enforcement Functions.-- Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(J) The Secretary shall be responsible under this paragraph for investigations of wage complaints, as well as investigations of allegations of fraud in the filing of applications under this subsection.''. (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the end the following: ``In addition, the Secretary may conduct surveys of the level of compliance by employers with the provisions and requirements of this subsection and may conduct annual compliance audits in the case of employers that employ H-1B nonimmigrants. In the case of an employer that employs H-1B nonimmigrants that represent 15 percent or more of the total number of individuals employed by the employer, the Secretary shall conduct annual compliance audits of such employer.''. (c) Penalties.--Section 212(n)(2)(C) of such Act is amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. SEC. 8. WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits.''. SEC. 9. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B EMPLOYERS. (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``an H-1B dependent employer (as defined in paragraph (3))'' and inserting ``an employer that employs H-1B nonimmigrants''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act.
Defend the American Dream Act of 2007 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants. Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer. Revises H-1B employer requirements with respect to: (1) job advertising on a free Department of Labor website (as required under this Act); (2) information sharing; (3) prohibiting H-1B-exclusive employment advertising; and (4) prohibiting an employer of not less than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees. Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a US master's or higher degree. Revises the H-1B definition of "specialty occupation." Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Increases monetary penalties for LCA violations. Applies the nondisplacement requirement to all H-1B employers. Provides H-1B alien whistleblower protections.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Congressional Hunger Fellows Act of 2001''. (b) Findings.--The Congress finds as follows: (1) There is a critical need for compassionate individuals who are committed to assisting people who suffer from hunger as well as a need for such individuals to initiate and administer solutions to the hunger problem. (2) Bill Emerson, the distinguished late Representative from the 8th District of Missouri, demonstrated his commitment to solving the problem of hunger in a bipartisan manner, his commitment to public service, and his great affection for the institution and the ideals of the United States Congress. (3) George T. (Mickey) Leland, the distinguished late Representative from the 18th District of Texas, demonstrated his compassion for those in need, his high regard for public service, and his lively exercise of political talents. (4) The special concern that Mr. Emerson and Mr. Leland demonstrated during their lives for the hungry and poor was an inspiration for others to work toward the goals of equality and justice for all. (5) These two outstanding leaders maintained a special bond of friendship regardless of political affiliation and worked together to encourage future leaders to recognize and provide service to others, and therefore it is especially appropriate to honor the memory of Mr. Emerson and Mr. Leland by creating a fellowship program to develop and train the future leaders of the United States to pursue careers in humanitarian service. SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES. (a) In General.--There is established as an independent entity of the legislative branch of the United States Government the Congressional Hunger Fellows Program (hereinafter in this Act referred to as the ``Program''). (b) Board of Trustees.--The Program shall be subject to the supervision and direction of a Board of Trustees. (1) Appointment.--The Board shall be composed of 6 voting members appointed under subparagraph (A) and 1 nonvoting ex officio member designated in subparagraph (B) as follows: (A) Voting members.--(i) The Speaker of the House of Representatives shall appoint 2 members. (ii) The minority leader of the House of Representatives shall appoint 1 member. (iii) The majority leader of the Senate shall appoint 2 members. (iv) The minority leader of the Senate shall appoint 1 member. (B) Nonvoting member.--The Executive Director of the Program shall serve as a nonvoting ex officio member of the Board. (2) Terms.--Members of the Board shall serve a term of 4 years. (3) Vacancy.-- (A) Authority of board.--A vacancy in the membership of the Board does not affect the power of the remaining members to carry out this Act. (B) Appointment of successors.--A vacancy in the membership of the Board shall be filled in the manner in which the original appointment was made. (C) Incomplete term.--If a member of the Board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (4) Chairperson.--As the first order of business of the first meeting of the Board, the members shall elect a Chairperson. (5) Compensation.-- (A) In general.--Subject to subparagraph (B), members of the Board may not receive compensation for service on the Board. (B) Travel.--Members of the Board may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Program. SEC. 3. PURPOSES; AUTHORITY OF PROGRAM. (a) Purposes.--The purposes of the Program are-- (1) to encourage future leaders of the United States to pursue careers in humanitarian service, to recognize the needs of people who are hungry and poor, and to provide assistance and compassion for those in need; (2) to increase awareness of the importance of public service; and (3) to provide training and development opportunities for such leaders. (b) Authority.--The Program is authorized to develop such fellowships, activities, and services to carry out the purposes of this Act, including the fellowships described in subsection (c). (c) Fellowships.-- (1) In general.--The Program shall establish and carry out the Bill Emerson Hunger Fellowship and the Mickey Leland Hunger Fellowship. (2) Curriculum.-- (A) In general.--The fellowships established under paragraph (1) shall provide education and training to develop the skills and understanding necessary to improve the humanitarian conditions and the lives of individuals who suffer from hunger, including-- (i) training in direct service to the hungry in conjunction with community-based organizations through a program of field placement; and (ii) experience in policy development through placement in a governmental entity or nonprofit organization. (B) Focus of bill emerson hunger fellowship.--The Bill Emerson Hunger Fellowship shall address hunger and other humanitarian needs in the United States. (C) Focus of mickey leland hunger fellowship.--The Mickey Leland Hunger Fellowship shall address international hunger and other humanitarian needs. (3) Period of fellowship.--A fellowship awarded under this subsection shall be for a period of not less than 12 months and not more than 24 months. (4) Selection of fellows.-- (A) In general.--A fellowship shall be awarded pursuant to a nationwide competition established by the Program. (B) Qualification.--A successful applicant shall be an individual who has demonstrated both a desire to pursue a career in humanitarian service and outstanding potential for such a career. (C) Amount of award.--Each individual awarded a fellowship under this subsection shall receive an educational award and living allowance as determined by the Program. (D) Recognition of fellowship award.-- (i) Emerson fellow.--An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an ``Emerson Fellow''. (ii) Leland fellow.--An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a ``Leland Fellow''. (d) Evaluation.--The Program shall conduct periodic evaluations of the Bill Emerson and Mickey Leland Hunger Fellowships. SEC. 4. TRUST FUND. (a) Establishment.--There is established the Congressional Hunger Fellows Trust Fund (hereinafter in this Act referred to as the ``Fund'') in the Treasury of the United States, consisting of amounts appropriated to the Fund under section 7(a), amounts credited to it under subsection (c), and amounts received under section 6(c)(2). (b) Investment of Funds.--The Secretary of the Treasury shall invest the full amount of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary in consultation with the Board, has a maturity suitable for the Fund. (c) Return on Investment.--Except as provided in section 5(a), the Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale or redemption of, obligations held in the Fund. SEC. 5. EXPENDITURES; AUDITS. (a) In General.--The Secretary of the Treasury shall transfer to the Program from the amounts described in section 4(c) and section 6(c)(2) such sums as the Board determines are necessary to enable the Program to carry out the provisions of this Act. (b) Limitation.--The Secretary may not transfer to the Program the amounts appropriated to the Fund under section 7(a). (c) Audit by GAO.-- (1) In general.--The Comptroller General of the United States shall conduct an annual audit of the accounts of the Program. (2) Books.--The Program shall make available to the Comptroller General all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Program and necessary to facilitate such audit. (3) Report to congress.--The Comptroller General shall submit a copy of the results of each such audit to the Congress. SEC. 6. STAFF; POWERS OF PROGRAM. (a) Executive Director.-- (1) In general.--The Board shall appoint an Executive Director of the Program who shall administer the Program. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. (2) Restriction.--The Executive Director may not serve as Chairperson of the Board. (3) Compensation.--The Executive Director shall be paid at a rate not to exceed the rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Staff.-- (1) In general.--With the approval of a majority of the Board, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers necessary and appropriate to carry out the functions of the provisions of this Act. (2) Compensation.--An individual appointed under paragraph (1) shall be paid at a rate not to exceed the rate of basic pay payable for level GS-15 of the General Schedule. (c) Powers.--In order to carry out the provisions of this Act, the Program may perform the following functions: (1) Gifts.--The Program may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Program. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Fund and shall be available for disbursement upon order of the Board. (2) Experts and consultants.--The Program may procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (3) Contract authority.--The Program may contract with and compensate government and private agencies or persons without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (4) Other necessary expenditures.--The Program shall make such other expenditures which the Program considers necessary to carry out the provisions of this Act. SEC. 7. REPORT. Not later than December 31 of each year, the Board shall submit to Secretary of Agriculture and to Congress a report on the activities of the Program carried out during the previous fiscal year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $18,000,000 to carry out the provisions of this Act.
Congressional Hunger Fellows Act of 2001 - Establishes the Congressional Hunger Fellows Program and the Congressional Hunger Fellows Trust Fund in order to establish Bill Emerson and Mickey Leland Hunger Fellowships, respectively, to address hunger and other humanitarian needs in the United States and internationally.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstart VA Construction Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The buildings of the Department of Veterans Affairs have an average age of 60 years. (2) Since 2004, use of Department facilities has grown from 80 percent to 120 percent, while the condition of these facilities has eroded from 81 percent to 71 percent over that same period of time. (3) The Department currently manages and maintains more than 5,600 buildings and almost 34,000 acres of land. (4) More than 3,900 infrastructure gaps remain that will cost between $54,000,000,000 and $66,000,000,000 to close, including $10,000,000,000 in activation costs. (5) The Veterans Health Administration has 21 major construction projects dating to 2007 that have been only partially funded. (6) The total unobligated amount for all currently budgeted major construction projects exceeds $2,900,000,000. (7) To finish existing projects and to close current and future gaps, the Department will need to invest at least $23,200,000,000 over the next 10 years. (8) At current requested funding levels, it will take more than 67 years to complete the 10-year capital investment plan of the Department. SEC. 3. PROGRAM FOR THE CONSTRUCTION OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITY PROJECTS BY NON-FEDERAL ENTITIES UNDER PARTNERSHIP AGREEMENTS. (a) In General.--The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall enter into partnership agreements on a competitive basis with appropriate non-Federal entities for the construction of major construction projects authorized by law. (b) Selection of Projects.--The Secretary shall select major construction projects for completion by non-Federal entities under the program. Each project selected shall be a major medical facility project authorized by law for the construction of a new facility for which-- (1) Congress has appropriated any funds; (2) the design and development phase is complete; and (3) construction has not begun, as of the date of the enactment of this Act. (c) Agreements.--Each partnership agreement for a construction project under the program shall provide that-- (1) the non-Federal entity shall obtain any permits required pursuant to Federal and State laws before beginning to carry out construction; and (2) if requested by the non-Federal entity, the Secretary shall provide technical assistance for obtaining any necessary permits for the construction project. (d) Application.--To be eligible to participate in the program established under subsection (a), a non-Federal entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) A description of the project manager of each major construction project for which the Secretary enters into a partnership agreement under the program. (2) A description of the non-Federal contributions to the project and how future funding will be secured. (3) A description of the project management plan that the non-Federal entity will use to ensure concise and consistent communication of all parties involved in the project. (4) A description of metrics to monitor change order process times, with the intent of expediting any change order. (5) Expected costs associated with the project. (6) A description of construction timelines and milestones association with the project. (7) Such other information as the Secretary may require. (e) Matching Funds.--The Department of Veterans Affairs shall provide matching funds under this program-- (1) In general.--For any fiscal year, the Secretary shall provide to a non-Federal entity that enters into a partnership agreement with the Secretary under the program established under subsection (a) matching funds in an amount that does not exceed 50 percent of the amount expended by the non-Federal entity. (2) Rule of construction.--Paragraph one shall not be construed as a limitation on the amount that may be expended by a non-Federal entity for a fiscal year for a construction project covered by a partnership agreement under the program. (f) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the program. (g) Deadline for Implementation.--The Secretary shall begin implementing the program under this section by not later than 180 days after the date of the enactment of this Act.
Jumpstart VA Construction Act This bill directs the Department of Veterans Affairs (VA) to enter into partnership agreements with non-federal entities for the construction of major medical construction projects authorized by law. Each selected project shall be for construction of a new facility for which: (1) Congress has appropriated funds, (2) the design and development phase is complete, and (3) construction has not begun as of the date of enactment of this Act.
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SECTION 1. CONSENT OF CONGRESS. (a) In General.--The consent and approval of Congress is given to an interstate forest fire protection compact, as set out in subsection (b). (b) Compact.--The compact reads substantially as follows: ``THE NORTHWEST WILDLAND FIRE PROTECTION AGREEMENT ``THIS AGREEMENT is entered into by and between the State, Provincial, and Territorial wildland fire protection agencies signatory hereto, hereinafter referred to as ``Members''. ``FOR AND IN CONSIDERATION OF the following terms and conditions, the Members agree: ``Article I ``1.1 The purpose of this Agreement is to promote effective prevention, presuppression and control of forest fires in the Northwest wildland region of the United States and adjacent areas of Canada (by the Members) by providing mutual aid in prevention, presuppression and control of wildland fires, and by establishing procedures in operating plans that will facilitate such aid. ``Article II ``2.1 The agreement shall become effective for those Members ratifying it whenever any two or more Members, the States of Oregon, Washington, Alaska, Idaho, Montana, or the Yukon Territory, or the Province of British Columbia, or the Province of Alberta have ratified it. ``2.2 Any State, Province, or Territory not mentioned in this Article which is contiguous to any Member may become a party to this Agreement subject to unanimous approval of the Members. ``Article III ``3.1 The role of the Members is to determine from time to time such methods, practices, circumstances and conditions as may be found for enhancing the prevention, presuppression, and control of forest fires in the area comprising the Member's territory; to coordinate the plans and the work of the appropriate agencies of the Members; and to coordinate the rendering of aid by the Members to each other in fighting wildland fires. ``3.2 The Members may develop cooperative operating plans for the programs covered by this Agreement. Operating plans shall include definition of terms, fiscal procedures, personnel contacts, resources available, and standards applicable to the program. Other sections may be added as necessary. ``Article IV ``4.1 A majority of Members shall constitute a quorum for the transaction of its general business. Motions of Members present shall be carried by a simple majority except as stated in Article II. Each Member will have one vote on motions brought before them. ``Article V ``5.1 Whenever a Member requests aid from any other Member in controlling or preventing wildland fires, the Members agree, to the extent they possibly can, to render all possible aid. ``Article VI ``6.1 Whenever the forces of any Member are aiding another Member under this Agreement, the employees of such Member shall operate under the direction of the officers of the Member to which they are rendering aid and be considered agents of the Member they are rendering aid to and, therefore, have the same privileges and immunities as comparable employees of the Member to which the are rendering aid. ``6.2 No Member or its officers or employees rendering aid within another State, Territory, or Province, pursuant to this Agreement shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith to the extent authorized by the laws of the Member receiving the assistance. The receiving Member, to the extent authorized by the laws of the State, Territory, or Province, agrees to indemnify and save-harmless the assisting Member from any such liability. ``6.3 Any Member rendering outside aid pursuant to this Agreement shall be reimbursed by the Member receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request in accordance with the provisions of the previous section. Nothing contained herein shall prevent any assisting Member from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving Member without charge or cost. ``6.4 For purposes of the Agreement, personnel shall be considered employees of each sending Member for the payment of compensation to injured employees and death benefits to the representatives of deceased employees injured or killed while rendering aid to another Member pursuant to this Agreement. ``6.5 The Members shall formulate procedures for claims and reimbursement under the provisions of this Article. ``Article VII ``7.1 When appropriations for support of this agreement, or for the support of common services in executing this agreement, are needed, costs will be allocated equally among the Members. ``7.2 As necessary, Members shall keep accurate books of account, showing in full, its receipts and disbursements, and the books of account shall be open at any reasonable time to the inspection of representatives of the Members. ``7.3 The Members may accept any and all donations, gifts, and grants of money, equipment, supplies, materials and services from the Federal or any local government, or any agency thereof and from any person, firm or corporation, for any of its purposes and functions under this Agreement, and may receive and use the same subject to the terms, conditions, and regulations governing such donations, gifts, and grants. ``Article VIII ``8.1 Nothing in this Agreement shall be construed to limit or restrict the powers of any Member to provide for the prevention, control, and extinguishment of wildland fires or to prohibit the enactment of enforcement of State, Territorial, or Provincial laws, rules or regulations intended to aid in such prevention, control and extinguishment of wildland fires in such State, Territory, or Province. ``8.2 Nothing in this Agreement shall be construed to affect any existing or future Cooperative Agreement between Members and/or their respective Federal agencies. ``Article IX ``9.1 The Members may request the United States Forest Service to act as the coordinating agency of the Northwest Wildland Fire Protection Agreement in cooperation with the appropriate agencies for each Member. ``9.2 The Members will hold an annual meeting to review the terms of this Agreement, any applicable Operating Plans, and make necessary modifications. ``9.3 Amendments to this Agreement can be made by simple majority vote of the Members and will take effect immediately upon passage. ``Article X ``10.1 This Agreement shall continue in force on each Member until such Member takes action to withdraw therefrom. Such action shall not be effective until 60 days after notice thereof has been sent to all other Members. ``Article XI ``11.1 Nothing is this Agreement shall obligate the funds of any Member beyond those approved by appropriate legislative action.''. SEC. 2. OTHER STATES. Without further submission of the compact, the consent of Congress is given to any State to become a party to it in accordance with its terms. SEC. 3. RIGHTS RESERVED. The right to alter, amend, or repeal this Act is expressly reserved. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Interstate Compact - Grants the consent of the Congress to the Northwestern Wildland Fire Protection Agreement to promote effective prevention, presuppression, and control of forest fires in the Northwestern wildland region of the United States and adjacent areas of Canada.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Freedom Through Encryption (SAFE) Act''. SEC. 2. SALE AND USE OF ENCRYPTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 121 the following new chapter: ``CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION ``2801. Definitions. ``2802. Freedom to use encryption. ``2803. Freedom to sell encryption. ``2804. Prohibition on mandatory key escrow. ``2805. Unlawful use of encryption in furtherance of a criminal act. ``Sec. 2801. Definitions ``As used in this chapter-- ``(1) the terms `person', `State', `wire communication', `electronic communication', `investigative or law enforcement officer', `judge of competent jurisdiction', and `electronic storage' have the meanings given those terms in section 2510 of this title; ``(2) the terms `encrypt' and `encryption' refer to the scrambling of wire or electronic information using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such information; ``(3) the term `key' means the variable information used in a mathematical formula, code, or algorithm, or any component thereof, used to decrypt wire or electronic information that has been encrypted; and ``(4) the term `United States person' means-- ``(A) any United States citizen; ``(B) any other person organized under the laws of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States; and ``(C) any person organized under the laws of any foreign country who is owned or controlled by individuals or persons described in subparagraphs (A) and (B). ``Sec. 2802. Freedom to use encryption ``Subject to section 2805, it shall be lawful for any person within any State, and for any United States person in a foreign country, to use any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2803. Freedom to sell encryption ``Subject to section 2805, it shall be lawful for any person within any State to sell in interstate commerce any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2804. Prohibition on mandatory key escrow ``(a) Prohibition.--No person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key. ``(b) Exception for Access for Law Enforcement Purposes.-- Subsection (a) shall not affect the authority of any investigative or law enforcement officer, acting under any law in effect on the effective date of this chapter, to gain access to encrypted information. ``Sec. 2805. Unlawful use of encryption in furtherance of a criminal act ``Any person who willfully uses encryption in furtherance of the commission of a criminal offense for which the person may be prosecuted in a court of competent jurisdiction-- ``(1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined in the amount set forth in this title, or both; and ``(2) in the case of a second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined in the amount set forth in this title, or both.''. (b) Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 33 the following new item: ``122. Encrypted wire and electronic information............ 2801''. SEC. 3. EXPORTS OF ENCRYPTION. (a) Amendment to Export Administration Act of 1979.--Section 17 of the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection: ``(g) Computers and Related Equipment.-- ``(1) General rule.--Subject to paragraphs (2), (3), and (4), the Secretary shall have exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use, including command, control, and intelligence applications. ``(2) Items not requiring licenses.--No validated license may be required, except pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act (but only to the estent that the authority of such Act is not exercised to extend controls imposed under this Act), for the export or reexport of-- ``(A) any software, including software with encryption capabilities-- ``(i) that is generally available, as is, and is designed for installation by the purchaser; or ``(ii) that is in the public domain for which copyright or other protection is not available under title 17, United States Code, or that is available to the public because it is generally accessible to the interested public in any form; or ``(B) any computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under subparagraph (A). ``(3) Software with encryption capabilities.--The Secretary shall authorize the export or reexport of software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such software will be-- ``(A) diverted to a military end-use or an end-use supporting international terrorism; ``(B) modified for military or terrorist end-use; or ``(C) reexported without any authorization by the United States that may be required under this Act. ``(4) Hardware with encryption capabilities.--The Secretary shall authorize the export or reexport of computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. ``(5) Definitions.--As used in this subsection-- ``(A) the term `encryption' means the scrambling of wire or electronic information using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such information; ``(B) the term `generally available' means, in the case of software (including software with encryption capabilities), software that is offered for sale, license, or transfer to any person without restriction, whether or not for consideration, including, but not limited to, over-the-counter retail sales, mail order transactions, phone order transactions, electronic distribution, or sale on approval; ``(C) the term `as is' means, in the case of software (including software with encryption capabilities), a software program that is not designed, developed, or tailored by the software publisher for specific purchasers, except that such purchasers may supply certain installation parameters needed by the software program to function properly with the purchaser's system and may customize the software program by choosing among options contained in the software program; ``(D) the term `is designed for installation by the purchaser' means, in the case of software (including software with encryption capabilities) that-- ``(i) the software publisher intends for the purchaser (including any licensee or transferee), who may not be the actual program user, to install the software program on a computing device and has supplied the necessary instructions to do so, except that the publisher may also provide telephone help line services for software installation, electronic transmission, or basic operations; and ``(ii) the software program is designed for installation by the purchaser without further substantial support by the supplier; ``(E) the term `computing device' means a device which incorporates one or more microprocessor-based central processing units that can accept, store, process, or provide output of data; and ``(F) the term `computer hardware', when used in conjunction with information security, includes, but is not limited to, computer systems, equipment, application-specific assemblies, modules, and integrated circuits.''. (b) Continuation of Export Administration Act.--For purposes of carrying out the amendment made by subsection (a), the Export Administration Act of 1979 shall be deemed to be in effect.
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Disability Fairness Act of 2016''. SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD FOR THE TERMINALLY ILL. (a) In General.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter following subparagraph (E), by striking ``or (ii)'' and inserting ``(ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii)''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C), as so redesignated, by striking ``(ii)'' and inserting ``(iii)''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or''; and (C) by adding at the end the following new paragraph: ``(3)(A) For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and-- ``(i) for the first calendar month, 50 percent; ``(ii) for the second calendar month, 75 percent; and ``(iii) for each subsequent calendar month through the twelfth calendar month, 100 percent. ``(B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to-- ``(i) the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus ``(ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. ``(C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)).''; and (2) in subsection (d)(2), by adding at the end the following: ``(D) For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice.''. (b) Reports to Congress.-- (1) Report by social security administration.--Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of Social Security, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including-- (A) the total number of individuals who-- (i) filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (ii) receive such benefits; (iii) die within 6 months of first receiving such benefits; (iv) die within 12 months of first receiving such benefits; (v) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (vi) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (B) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (C) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (2) Report by government accountability office.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the relevant committees of Congress that evaluates the provision of disability insurance benefits to terminally ill individuals and provides recommendations for such legislation and administrative actions as are determined appropriate to improve the provision of such benefits to such individuals. (c) Effective Date; Sunset.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to benefits payable for months beginning after December 31, 2016. (2) Sunset.--The amendments made by subsection (a) shall cease to have effect on January 1, 2022, and upon such date, section 223 of the Social Security Act shall read as if such amendments had not been enacted.
Social Security Disability Fairness Act of 2016 This bill amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Support to Fusion Centers Act of 2015''. SEC. 2. FUSION CENTER PERSONNEL NEEDS ASSESSMENT. Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of Department of Homeland Security personnel assigned to fusion centers pursuant to subsection (c) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), including an assessment of whether deploying additional Department personnel to such fusion centers would enhance the Department's mission under section 101(b) of such Act and the National Network of Fusion Centers. The assessment required under this subsection shall include the following: (1) Information on the current deployment of the Department's personnel to each fusion center. (2) Information on the roles and responsibilities of the Department's Office of Intelligence and Analysis' intelligence officers, intelligence analysts, senior reports officers, reports officers, and regional directors deployed to fusion centers. (3) Information on Federal resources, in addition to personnel, provided to each fusion center. (4) An analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to fusion centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing. (5) An assessment of fusion centers located in jurisdictions along land and maritime borders of the United States, and the degree to which deploying personnel, as appropriate, from the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such fusion centers would enhance the integrity and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and interdict persons, weapons, and related contraband that pose a threat to homeland security. (6) An assessment of fusion centers located in jurisdictions with large and medium hub airports, and the degree to which deploying, as appropriate, personnel from the Transportation Security Administration to such fusion centers would enhance the integrity and security of aviation security. SEC. 3. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES. (a) Sense of Congress.--It is the sense of Congress that any program established by the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to provide eligibility for access to information classified as Top Secret for State and local analysts located in fusion centers shall be consistent with the need to know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note). (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on the following: (1) The process by which the Under Secretary of Intelligence and Analysis determines a need to know pursuant to Executive Order No. 13526 to sponsor Top Secret clearances for appropriate State and local analysts located in fusion centers. (2) The effects of such Top Secret clearances on enhancing information sharing with State, local, tribal, and territorial partners. (3) The cost for providing such Top Secret clearances for State and local analysts located in fusion centers, including training and background investigations. (4) The operational security protocols, training, management, and risks associated with providing such Top Secret clearances for State and local analysts located in fusion centers. SEC. 4. INFORMATION TECHNOLOGY ASSESSMENT. The Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in collaboration with the Chief Information Officer of the Department and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems (as such term is defined in section 3502 of title 44, United States Code) used to share homeland security information between the Department and fusion centers in the National Network of Fusion Centers and make upgrades to such systems, as appropriate. Such assessment shall include the following: (1) An evaluation of the accessibility and ease of use of such systems by fusion centers in the National Network of Fusion Centers. (2) A review to determine how to establish improved interoperability of departmental information systems with existing information systems used by fusion centers in the National Network of Fusion Centers. (3) An evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with fusion centers in the National Network of Fusion Centers. SEC. 5. MEMORANDUM OF UNDERSTANDING. Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Intelligence and Analysis of the Department of Homeland Security shall enter into a memorandum of understanding with each fusion center in the National Network of Fusion Centers regarding the type of information fusion centers will provide to the Department and whether such information may be subject to public disclosure. SEC. 6. DEFINITIONS. In this Act: (1) Fusion center.--The term ``fusion center'' has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h). (2) National network of fusion centers.--The term ``National Network of Fusion Centers'' means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers' ability to leverage the capabilities and expertise of all such fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.
Department of Homeland Security Support to Fusion Centers Act of 2015 (Sec. 2) This bill directs the Comptroller General to conduct an assessment of Department of Homeland Security (DHS) personnel assigned to fusion centers established under the Homeland Security Act of 2002. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) The assessment must include information on: the current deployment of such personnel to each fusion center; the roles and responsibilities of DHS's Office of Intelligence and Analysis intelligence officers and analysts, reports officers, and regional directors deployed to such centers; federal resources, in addition to personnel, provided to each center; an analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to such centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing; fusion centers located in jurisdictions along land and maritime borders of the United States and the degree to which deploying personnel from the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such centers would enhance the integrity and security at such borders; and fusion centers located in jurisdictions with large and medium hub airports and the degree to which deploying personnel from the Transportation Security Administration to such centers would enhance aviation security. (Sec. 3) The bill expresses the sense of Congress that any program established by DHS's Under Secretary for Intelligence and Analysis to provide eligibility for access to information classified as Top Secret for state and local analysts located in fusion centers shall be consistent with the need-to-know requirements pursuant to Executive Order No. 13526. The Under Secretary must submit to specified congressional committees a report on: the process by which the Under Secretary determines a need to know to sponsor Top Secret clearances for appropriate state and local analysts located in fusion centers; the effects of such Top Secret clearances on enhancing information sharing with state, local, tribal, and territorial partners; the cost for providing such Top Secret clearances for such analysts, including training and background investigations; and the operational security protocols, training, management, and risks associated with providing such Top Secret clearances. (Sec. 4) The Under Secretary, in collaboration with the Chief Information Officer of DHS and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers in the Network and make appropriate upgrades to such systems. Such assessment shall include: an evaluation of the accessibility and ease of use of such systems by Network fusion centers; a review to determine how to establish improved interoperability of departmental information systems with existing information systems used by Network fusion centers; and an evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with Network fusion centers. (Sec. 5) The Under Secretary shall enter into a memorandum of understanding with each Network fusion centers regarding the type of information fusion centers will provide to DHS and whether such information may be subject to public disclosure.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Arson Deterrence and Fire Containment Act of 1993''. SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM. There are authorized to be appropriated $15,000,000 for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service. SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare of study of additional means of improving airborne fire fighting response time, including whether there are any legal impediments that (such as private contracting requirements) which materially delay fire fighting response reaction time. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS. (a) Malicious Use of Fire or Explosive.-- (1) Federal property.--Subsection (f) of section 844 of title 18, United States Code, is amended-- (A) by inserting ``(1)'' after ``(f)''; and (B) by striking ``shall be imprisoned for not more than ten years'' and all that follows through the end of the subsection and inserting the following: ``shall, except as provided in paragraph (2) of this subsection, be fined under this title or imprisoned not more than 10 years, or both. ``(2) If a circumstance exists that is listed below, the punishment for an offense under this subsection shall be as follows: ``(A) If the damage caused by the offense exceeds $1,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 5 nor more than 20 years. ``(B) If the life of any person (other than the offender) is placed in jeopardy as a result of the offense, or the damage caused by the offense exceeds $10,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 8 nor more than 30 years. ``(C) If personal injury results to any person (other than the offender) or the damage caused by the offense exceeds $25,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 10 nor more than 40 years. ``(D) If the death of any person results the offender shall-- ``(i) be subject to a fine under this title and imprisoned for any term of years greater than 25 (or imprisonment for life); and ``(ii) also be subject to the death penalty as provided in section 34 of this title.''. (2) Interstate commerce.--Subsection (i) of section 844 of title 18, United States Code, is amended-- (A) by inserting ``(1)'' after ``(i)''; and (B) by striking ``shall be imprisoned for not more than ten years'' and all that follows through the end of the subsection and inserting the following: ``shall, except as provided in paragraph (2) of this subsection, be fined under this title or imprisoned not more than 10 years, or both. ``(2) If a circumstance exists that is listed below, the punishment for an offense under this subsection shall be as follows: ``(A) If the damage caused by the offense exceeds $1,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 5 nor more than 20 years. ``(B) If the life of any person (other than the offender) is placed in jeopardy as a result of the offense, or the damage caused by the offense exceeds $10,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 8 nor more than 30 years. ``(C) If personal injury results to any person (other than the offender) or the damage caused by the offense exceeds $25,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 10 nor more than 40 years. ``(D) If the death of any person results the offender shall-- ``(i) be subject to a fine under this title and imprisoned for any term of years greater than 25 (or imprisonment for life); and ``(ii) also be subject to the death penalty as provided in section 34 of this title.''. (b) Reckless or Negligent Use of Fire or Explosive.--Section 844 of title 18, United States Code, is amended by adding at the end the following: ``(k)(1) Whoever recklessly engages in conduct that would be prohibited by subsection (f) or (i) of this section if such conduct were engaged in maliciously, and as a result a dwelling (other than that of the offender) is destroyed or a person (other than the offender) is injured, shall be fined under this title or imprisoned not more than one year, or both. If the court does not sentence a person convicted under this section to imprisonment, the court shall as a minimum sentence such person to probation with a condition that such person perform not less than 400 nor more than 2000 hours of community service. In any juvenile proceeding, a juvenile who has been adjudicated a juvenile delinquent for conduct which if committed by an adult would be a violation of this subsection shall be required to spend at least one week in an residential institution for the confinement of juvenile delinquents and to perform not less than 400 nor more than 2000 hours of community service. ``(2) Whoever negligently engages in conduct that would be prohibited by subsection (f) or (i) of this section if such conduct were engaged in maliciously shall be fined under this title or imprisoned not more than one month, or both. If the court does not sentence a person convicted under this section to imprisonment, the court shall as a minimum sentence such person to probation with a condition that such person perform not less than 100 nor more than 1000 hours of community service. In any juvenile proceeding, a juvenile who has been adjudicated a juvenile delinquent for conduct which if committed by an adult would be a violation of this subsection shall be required to spend at least two days in an residential institution for the confinement of juvenile delinquents and to perform not less than 100 nor more than 1000 hours of community service.''. SEC. 5. ELIMINATION OF FIRE HAZARDS. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare a study of whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds that may provide fuel for dangerous fires. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRIVATE FIRE FIGHTING CAPABILITIES. Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Aviation Administration, shall report to Congress on-- (1) how more use could be made of excess military cargo, other planes available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes. SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND BACKUP POWER. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare a study of the potential feasibility of building additional roads and backup power supplies for assuring water pressure and water availability in national forest areas to increase fire fighting effectiveness. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 8. REVENUE OFFSET. Notwithstanding any other provision of law, the Secretary of Agriculture shall reduce by 5 percent the below-cost direct loans of the Farmers Home Administration for each of fiscal years 1994 through 1998.
Comprehensive Arson Deterrence and Fire Containment Act of 1993 - Authorizes appropriations for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service. Directs the Forest Service to study and report to the Congress on additional means of improving airborne fire fighting response time, including whether there are any legal impediments which materially delay fire fighting response reaction time. Increases penalties for the malicious use of fire or an explosive if: (1) the damage caused by the offense exceeds $1 million (between five and 20 years' imprisonment); (2) the life of any person is placed in jeopardy as a result of the offense or the damage caused exceeds $10 million (between eight and 30 years' imprisonment); (3) personal injury results to any person or the damage caused exceeds $25 million (between ten and 40 years' imprisonment); and (4) death of any person results (over 25 years' imprisonment, life imprisonment, or the death penalty). Sets forth: (1) analogous provisions regarding malicious use of fire or an explosive to damage or destroy any building, vehicle, or other property used in interstate or foreign commerce or in any activity affecting such commerce; and (2) penalties for reckless or negligent use of fire or an explosive. Directs the Forest Service to study and report to the Congress on whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds, that may provide fuel for dangerous fires. Requires the Secretary of Defense to report to the Congress on: (1) how greater use could be made of excess military cargo planes, other plans available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparent Recognition of Unjustified Tax Hoarding in Government Act of 2016'' or as the ``TRUTH in Government Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) At the onset of the Civil War, Congress passed the Revenue Act of 1861, which imposed a tax on personal incomes and to assure timely collection, taxes were ``withheld at the source'' by employers. (2) The need for Federal revenue declined sharply after the war and in 1872, the income tax was abolished and along with it, the Federal withholding mandate. (3) With passage of the 16th amendment to the Constitution, Congress swiftly passed legislation creating a Federal income tax, withheld before employee salaries were paid. (4) In response to growing taxpayer criticism of the withholding mandate, Treasury Secretary William G. McAdoo stated that ``it would be very advantageous to . . . do away with the withholding of income tax at the source'' because it would ``eliminate a great deal of criticism which has been directed against the law''; a statement reflecting the sentiment which ultimately led to the repeal of Federal withholding authority in 1917. (5) In the 1920s and 1930s, income taxes were due on March 15 following the end of the tax year and could be paid either in one lump sum on that date or in quarterly installments. (6) With the onset of World War II, fearing that taxpayers might refuse to pay the higher tax rates and surcharges associated with funding the war effort, Federal officials, lawmakers, and political leaders such as President Franklin D. Roosevelt used the military crisis to draw on Americans' sense of patriotism and resurrect the Federal withholding authority as a ``temporary wartime measure''. (7) The campaign to reinstitute a permanent system of withholding overcame public hostility with the passage of the Withholding Tax Act of 1943 which incorporated suggestions proffered by Beardsley Ruml to eliminate individuals' 1942 tax liabilities by counting amounts paid or withheld in 1943 as tax payments for that year. (8) Since that time, Congress has stubbornly refused to repeal the Federal withholding mandate contained in the Withholding Tax Act. (9) In fiscal year 2014, the Internal Revenue Service refunded overpayments amounting to over $330,561,145,000 more than actual individual income tax liabilities, effectively denying interest payments otherwise owed to taxpayers and amounting to a hidden tax. (10) These overpayments are returned annually in the form of tax refunds to taxpayers who often confuse the payments as a reward. (11) According to the Tax Foundation, in 2010, there were 58,416,118 tax returns with zero or negative income tax liability, or 41 percent of the 142,892,051 returns filed. (12) The absence of the Federal withholding mandate leaves employers and employees free to negotiate alternative, private means of collecting and paying Federal income taxes, thereby allowing individuals to voluntarily earn interest on their withhholdings. (13) The Federal withholding mandate allows the Federal Government to disguise tax increases and hampers Federal accountability and transparency by requiring the assistance of an intermediary tax collector. (14) Complying with the Federal withholding mandate imposes costly burdens and legal liabilities on employers forced to act as de facto IRS agents, without compensation for lost time and resources. (15) Referring to the Federal withholding mandate in his work Public Finance in Democratic Process: Fiscal Institutions and Individual Choice, 1986 Nobel Prize winning economist James Buchanan stated that ``The individual who does not have possession of income before paying it out cannot'' sense ``the real cost of public services in a manner comparable to that experienced in a genuine act of outpayment''. (16) In a CATO Institute study, Charlotte Twight has noted that ``[W]ithholding is the paramount administrative mechanism enabling the Federal Government to collect, without significant protest, sufficient private resources to fund a vastly expanded welfare state.'' (17) The National Taxpayers Union notes that the incremental nature of withholding masks the true cost of Federal income taxes, which would be much more apparent if individuals had to write monthly, quarterly, or annual checks to the Federal Government. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to increase transparency and accountability in the Federal tax system by providing the public with a more accurate account of-- (A) the annual tax burden; and (B) the Federal budget deficit; (2) to decrease the overall tax burden and increase the personal wealth of taxpayers by allowing for the personal collection of interest during the fiscal year on overpayments that are otherwise used by the Federal Government to partly avoid interest payments; (3) to decrease the burden on employers by freeing them from the task of collecting income tax withholding from their employees; and (4) to end the deceptive practice of masking higher tax rates from taxpayers. SEC. 4. REPEAL OF FEDERAL INCOME AND SOCIAL SECURITY TAX WITHHOLDING MANDATE. (a) In General.--The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) Section 3102 (relating to deduction of social security tax from wages). (2) Section 3202 (relating to deduction of railroad retirement tax from compensation). (3) Chapter 24 (relating to income tax withholding). (b) Requirement of Estimated Tax Payments for Employee Social Security Taxes.--Subsection (f) of section 6654 of such Code is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) the taxes imposed by section 3101(a) and 3201(a), plus''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid on or after the first January 1 occurring after 1 year after the date of the enactment of this Act. SEC. 5. CONTINUED VOLUNTARY TAX WITHHOLDING. (a) Authority of the IRS.--Nothing in this Act may be construed to limit the authority of the Internal Revenue Service to accept voluntary tax payments from employers electing to continue collecting Federal income taxes from employees. (b) Voluntary Employer Participation.--Nothing in this Act shall be construed to prevent voluntary employer sponsored withholding of Federal income taxes on behalf of employees. (c) Voluntary Employee Participation.--Nothing in this Act shall be construed-- (1) to require any employee to participate in an employer Federal income tax withholding system; or (2) to prevent any election of an employee to opt in to an employer Federal income tax withholding system, with all terms and conditions for participation being negotiable between the employee and employer.
Transparent Recognition of Unjustified Tax Hoarding in Government Act of 2016 or the TRUTH in Government Act of 2016 This bill repeals provisions of the Internal Revenue Code requiring the withholding of income, Social Security, and railroad retirement taxes from wages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arts, Humanities, and Museums Amendments of 1993''. SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF 1965. (a) Modification of Limitation on Use of Federal Funds.--Section 5(g) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g)) is amended-- (1) in paragraph (4)(C)-- (A) by inserting ``(i)'' after ``(C)'', and (B) by adding at the end the following: ``(ii) Notwithstanding any other provision of this subsection, the amount allotted to a State for the current fiscal year under this subsection may not be greater than the amount so allotted to such State for the preceding fiscal year if-- ``(I) the amount of State funds to be expended for such current fiscal year to carry out this subsection is less than the average annual amount expended by such State during the most recent preceding period of 3 fiscal years to carry out this subsection; and ``(II) the rate of the reduction in the amount of State funds exceeds the rate of reduction in the aggregate of all general fund expenditures to be made by the State in such current fiscal year.'', and (2) in paragraph (5)-- (A) by striking ``(5) All'' and inserting ``(5)(A) Except as provided in subparagraph (B), all'', and (B) by adding at the end the following: ``(B) All amounts allotted under paragraph (3) that are not made available to a State as a result of the operation of subsection (g)(4)(C)(ii) shall be allotted to the remaining States in equal amounts.''. (b) Funds Authorized for Program Grants.--Section 11(a)(1) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is amended-- (1) in subparagraph (A)-- (i) in clause (i) by striking ``$125,800,000'' and all that follows through ``1993'', and inserting ``$119,985,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', (ii) by amending clause (ii) to read as follows: ``(ii) Not less than 27.5 percent of the amount appropriated under clause (i) for each of the fiscal years 1994 and 1995 shall be for carrying out section 5(g).'', and (iii) in the first sentence of clause (iii) by striking ``For'' and all that follows through ``year;'' the last place it appears, and inserting ``Not less than 7.5 percent of the amount appropriated under clause (i) for each of the fiscal years 1994 and 1995'', and (2) in the first sentence of subparagraph (B) by striking ``$119,900,000'' and all that follows through ``1993'', and inserting ``$130,573,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''. (c) Funds Authorized To Match Non-Federal Funds Received.--Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``1993'' the first place it appears and inserting ``1995'', and (ii) by striking ``$13,000,000'' and all that follows through ``1993'', and inserting ``$16,955,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', and (B) in subparagraph (B)-- (i) by striking ``1993'' the first place it appears and inserting ``1995'', and (ii) by striking ``$12,000,000'' and all that follows through ``1993'', and inserting ``$11,963,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``1993'' the first place it appears and inserting ``1995'', and (ii) by striking ``$15,000,000'' and all that follows through ``1993'', and inserting ``$13,187,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', and (B) in subparagraph (B)-- (i) by striking ``1993'' the first place it appears and inserting ``1995'', and (ii) by striking ``$15,150,000'' and all that follows through ``1993'', and inserting ``$14,228,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', and (3) in the last sentence of paragraph (4) by striking ``section 5(l)(2)'' and inserting ``section 5(p)(2)''. (d) Funds Authorized for Administration of Programs of the National Endowments.--Section 11(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended-- (1) in paragraph (1) by striking ``$21,200,000'' and all that follows through ``1993'', and inserting ``$24,466,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', and (2) in paragraph (2) by striking ``$17,950,000'' and all that follows through ``1993'', and inserting ``$20,727,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''. (e) Limitations on Total Appropriations Authorized.--Section 11(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(d)) is amended-- (1) in paragraph (1) by striking ``exceed'' and all that follows through the period at the end, and inserting ``exceed $174,593,000 for fiscal year 1994.'', and (2) in paragraph (2) by striking ``exceed'' and all that follows through the period at the end, and inserting ``exceed $177,491,000 for fiscal year 1994.''. (f) Investigation and Report.--Not later than September 30, 1995, the Chairperson of the National Endowment for the Arts shall-- (1) conduct an investigation of State compliance with section 5(g)(4)(C)(i) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)(C)(i)), and (2) submit to the Speaker of the House of Representatives and the President pro tempore, a report containing-- (A) the results of such investigation, and (B) any information and recommendations as the Chairperson considers to be appropriate. SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT. Section 209 of the Museum Services Act (20 U.S.C. 967) is amended-- (1) in subsection (a) by striking ``$24,000,000'' and all that follows through ``1993'', and inserting ``$28,777,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'', and (2) in subsection (d) by striking ``1993'' and inserting ``1995''. Passed the House of Representatives October 14, 1993. Attest: DONNALD K. ANDERSON, Clerk.
Arts, Humanities, and Museums Amendments of 1993 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to extend through FY 1995 the authorization of appropriations to carry out such Act, including funds for: (1) program grants and other assistance by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) matching non-Federal funds received; and (3) administration of NEA and NEH programs. Sets limitations on total appropriations authorized for the NEA and the NEH in FY 1994. Limits a State's current NEA allotment to not more than the preceding year's level if: (1) the State's current year funding for the arts is less than the average annual amount expended by the State during the most recent preceding period of three fiscal years; and (2) the rate of reduction in its arts spending exceeds that for the aggregate of the State's general fund reductions for the current fiscal year. Amends the Museum Services Act to extend through FY 1995 the authorization of appropriations, including funds for: (1) grants to museums to increase and improve services; and (2) functions of the Institute of Museum Services (which is within the National Foundation on the Arts and the Humanities).
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SECTION 1. EXCLUSION OF NET CAPITAL GAIN OF TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Part I of subchapter P of chapter 1 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 OF NET CAPITAL GAIN OF TAXPAYERS OTHER THAN CORPORATIONS. ``In the case of a taxpayer other than a corporation, gross income shall not include an amount equal to the net capital gain of the taxpayer for the taxable year.'' (b) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Subsection (b) of section 55 of such Code is amended by striking paragraph (3). (3) Section 1222 of such Code is amended by adding at the end the following new sentence: ``Determinations under this section shall be made before the application of section 1203.'' (4) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion of net capital gain of taxpayers other than corporations.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 2. EXCLUSION INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends and interest otherwise includible in gross income which are received during the taxable year by an individual. ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 32(c)(5) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by inserting after clause (ii) the following new clause: ``(iii) interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (2) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (3) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (4) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (5) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (6) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (7) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (8) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends and interest received by individuals) and'' after ``For purposes of''. (9) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends and interest received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (10) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends and interest received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. (a) Restoration of Prior Law Formula.--Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of-- ``(1) one-half of the Social Security benefits received during the taxable year, or ``(2) one-half of the excess described in subsection (b)(1).'' (b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 of such Code is amended to read as follows: ``(c) Base Amount.--For purposes of this section, the term `base amount' means-- ``(1) except as otherwise provided in this subsection, $25,000, ``(2) $32,000 in the case of a joint return, and ``(3) zero in the case of a taxpayer who-- ``(A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and ``(B) does not live apart from his spouse at all times during the taxable year.'' (c) Conforming Amendments.-- (1) Subparagraph (A) of section 871(a)(3) of such Code is amended by striking ``85 percent'' and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (d) Effective Dates.-- (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, 2002. (2) Subsection (c)(1).--The amendment made by subsection (c)(1) shall apply to benefits paid after December 31, 2002. (3) Subsection (c)(2).--The amendments made by subsection (c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2002. (e) Maintenance of Transfers to Hospital Insurance Trust Fund.-- (1) In general.--There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this section. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. (2) Reports.--The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this section.
Amends the Internal Revenue Code to exclude from individual gross income: (1) net capital gains; and (2) interest and dividends, not including dividends from farmers' cooperative associations, regulated investment companies and real estate investment trusts, and employee stock ownership plans.Repeals the 85 percent (second tier) taxation of Social Security and Railroad Retirement benefits. Transfers from the general fund in the Treasury to the Hospital Insurance Trust Fund amounts equal to the resultant reduction in revenues.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Colusa Basin Watershed Integrated Resources Management Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Colusa Basin Drainage District, California. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State statute.--The term ``State statute'' means section 413 of the California Statutes 1987, chapter 1399 (commonly known as the ``Colusa Basin Drainage Act''), as in effect on the date of enactment of this Act. SEC. 3. AUTHORIZATION OF ASSISTANCE. The Secretary may provide financial assistance to the District for use by the District or by local agencies acting under the State statute, for planning, design, environmental compliance, and construction required in carrying out eligible projects in the Colusa Basin Watershed-- (1) to-- (A) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (C) construct, restore, or preserve wetland and riparian habitat; and (2) to capture, as an incidental purpose of any of the purposes described in paragraph (1), surface water or stormwater for conservation, conjunctive use, and increased water supplies. SEC. 4. PROJECT SELECTION. (a) Eligible Projects.--A project shall be an eligible project for purposes of section 3 if the project is-- (1) identified in the document entitled ``Colusa Basin Water Management Program'', dated February 1995; and (2) carried out in accordance with that document and all environmental documentation requirements that apply to the project under the laws of the United States and the State of California. (b) Compatibility Requirement.--The Secretary shall ensure that projects for which assistance is provided under this Act are not inconsistent with watershed protection and environmental restoration efforts being carried out under the Central Valley Project Improvement Act (106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program. SEC. 5. COST SHARING. (a) Non-Federal Share.--The Secretary shall require that the District and cooperating non-Federal agencies or organizations pay-- (1) 25 percent of the costs associated with construction of any project carried out with assistance provided under this Act; and (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project. (b) Planning, Design, and Compliance Assistance.--Funds made available under this Act may be used to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies acting under the State statute, in accordance with agreements with the Secretary. (c) Treatment of Contributions.--For purposes of this section, the Secretary shall treat the value of land, interests in land (including rights-of-way and other easements), and necessary relocations contributed by the District to a project as payment by the District of the costs of the project. SEC. 6. NONREIMBURSABILITY OF COSTS. Amounts expended under this Act shall be considered nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts amendatory of and supplemental to that Act. SEC. 7. AGREEMENTS. Funds made available under this Act may be made available to the District or a local agency only if the District or local agency, as applicable, enters into a binding agreement with the Secretary that-- (1) provides that the District or the local agency shall pay the non-Federal share of the costs of construction required by section 5(a); and (2) governs the funding of planning, design, and compliance activities costs under section 5(b). SEC. 8. REIMBURSEMENT. For project work (including work associated with studies, planning, design, and construction) carried out by the District or by a local agency acting under the State statute before the date on which amounts are provided for the project under this Act, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or the local agency, without interest, an amount equal to the estimated Federal share of the cost of such work under section 5. SEC. 9. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into cooperative agreements and contracts with the District to assist the Secretary in carrying out this Act. (b) Subcontracting.--Under a cooperative agreement or contract, the Secretary may authorize the District to enter into contracts and receive reimbursements, subject to amounts being made available in advance in appropriations Acts, for work carried out under the contract or subcontract. SEC. 10. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. Activities carried out, and financial assistance provided, under this Act shall not be considered a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $25,000,000, plus such additional amount, if any, as may be required by reason of changes in costs of services of the types involved in the District's projects as shown by engineering and other relevant indexes, to remain available until expended.
Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project construction costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs. Permits funds made available under this Act to: (1) be used to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies; and (2) be made available only to a District or a local agency that enters into a binding agreement with the Secretary that provides that the District or local agency shall pay the non-Federal share of construction costs and that governs the funding of planning, design, and compliance activities costs. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Ownership for the 21st Century Act''. SEC. 2. CROSS-OWNERSHIP LIMITATIONS. (a) Rule Changes Required.--The Federal Communications Commission shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by eliminating any provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party (including parties under common control) on the basis of the ownership, operation, or control by such party of a daily newspaper. (b) Cable Cross-Ownership Limitations.--Section 613(c) of the Communications Act of 1934 (47 U.S.C. 533(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), the Commission may not prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcasting station and a cable system serving the same community.''. (c) Dual-Network Rules.--The Federal Communications Commission shall revise section 73.658(g) of its regulations (47 C.F.R. 73.658(g)) to permit a television broadcast station to affiliate with-- (1) a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, offered an interconnected program service on a regular basis for 15 hours or more per week to at least 25 affiliated television licensees in 10 or more States; or (2) any person or entity controlling, controlled by, or under common control with such a person or entity described in paragraph (1). (d) Deadline for Actions.--The Federal Communications Commission shall complete all actions necessary to complete the modifications required by this section within 90 days after the date of enactment of this Act. SEC. 3. TELEVISION MULTIPLE OWNERSHIP. Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following new subsection: ``(f) National Audience Reach Calculation.--In calculating the national audience reach limitations for television stations under the Commission's regulations, UHF television stations shall be attributed with no more than 50 percent of the television households in their market.''. SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. (a) Amendment.--Section 202(c)(1)(B) of the Telecommunications Act of 1996 is amended by striking ``35 percent'' and inserting ``45 percent''. (b) Deadline for Implementation.--The Federal Communications Commission shall amend its regulations to implement the amendment made by subsection (a) within 90 days after the date of enactment of this Act. In amending such regulations, the Commission shall not revise section 73.3555(e)(2)(i) of its regulations (47 C.F.R. 73.3555(e)(2)(i)). SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP RESTRICTIONS. Subsection (b) of section 310 of the Communications Act of 1934 (47 U.S.C. 310(b)) is amended to read as follows: ``(b) Foreign Ownership Limitations.-- ``(1) In general.--No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by-- ``(A) any alien or the representative of any alien; ``(B) any corporation organized under the laws of any foreign country; ``(C) any corporation of which more than one-fifth of any class of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; ``(D) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of any class of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. ``(2) Reciprocal treatment for broadcast stations.--In the case of a broadcast station license, if the foreign country or foreign government referred to in subparagraph (C) or (D) of paragraph of (1) regularly permits broadcast station licenses to be granted to or held by-- ``(A) any corporation of which more than one-fifth of the capital stock is owned of record or voted by one or more United States persons; ``(B) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by one or more United States persons; then the Commission shall apply such subparagraphs (C) and (D) by permitting an alien, corporation, government, or representative from such foreign country to own a portion of the class of the capital stock of the corporation seeking or holding the broadcast station license equal to the portion of the corresponding class of the capital stock of a corporation holding a broadcast station license in such foreign country that are permitted by such foreign country or foreign government to be held by an individual citizen, corporation, government, or representative from the United States, except that the Commission shall not be required by this paragraph to permit a portion of such capital stock ownership representing voting stock higher than 40 percent. ``(3) Definition of united states persons.--For purposes of paragraph (2), the term `United States person' means-- ``(A) any corporation organized under the laws of a State; ``(B) an individual who is a citizen of the United States; ``(C) a government of the United States or any State; or ``(D) a representative of any of the individuals or entities described in subparagraphs (A) through (C) of this paragraph.''.
Provides that, in calculating the national audience reach limitations, UHF stations shall be attributed with no more than 50 percent of the TV households in their market. Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Campaign Reform Act of 1999''. SEC. 2. SOFT MONEY OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 323. SOFT MONEY OF POLITICAL PARTIES. ``(a) National Committees.-- ``(1) In general.--A national committee of a political party (including a national congressional campaign committee of a political party) and any officers or agents of such party committees, shall not solicit, receive, or direct to another person a contribution, donation, or transfer of funds, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--This subsection shall apply to an entity that is directly or indirectly established, financed, maintained, or controlled by a national committee of a political party (including a national congressional campaign committee of a political party), or an entity acting on behalf of a national committee, and an officer or agent acting on behalf of any such committee or entity. ``(b) State, District, and Local Committees.-- ``(1) In general.--An amount that is expended or disbursed by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity) for Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Federal election activity.-- ``(A) In general.--The term `Federal election activity' means-- ``(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; ``(ii) voter identification, get-out-the- vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); and ``(iii) a communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and is made for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). ``(B) Excluded activity.--The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party for-- ``(i) campaign activity conducted solely on behalf of a clearly identified candidate for State or local office, provided the campaign activity is not a Federal election activity described in subparagraph (A); ``(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A); ``(iii) the costs of a State, district, or local political convention; ``(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office; ``(v) the non-Federal share of a State, district, or local party committee's administrative and overhead expenses (but not including the compensation in any month of an individual who spends more than 20 percent of the individual's time on Federal election activity) as determined by a regulation promulgated by the Commission to determine the non-Federal share of a State, district, or local party committee's administrative and overhead expenses; and ``(vi) the cost of constructing or purchasing an office facility or equipment for a State, district or local committee. ``(C) Generic campaign activity.--The term `generic campaign activity' means an activity that promotes a political party and does not promote a candidate or non-Federal candidate. ``(c) Fundraising Costs.--An amount spent by a national, State, district, or local committee of a political party, by an entity that is established, financed, maintained, or controlled by a national, State, district, or local committee of a political party, or by an agent or officer of any such committee or entity, to raise funds that are used, in whole or in part, to pay the costs of a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Tax-Exempt Organizations.--A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to, an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section). ``(e) Candidates.-- ``(1) In general.--A candidate, individual holding Federal office, agent of a candidate or individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of one or more candidates or individuals holding Federal office, shall not-- ``(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or ``(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds-- ``(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1) and (2) of section 315(a); and ``(ii) are not from sources prohibited by this Act from making contributions with respect to an election for Federal office. ``(2) State law.--Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual who is a candidate for a State or local office in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law for any activity other than a Federal election activity. ``(3) Fundraising events.--Notwithstanding paragraph (1), a candidate may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party.''. SEC. 3. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUALS. (a) Contribution Limit for State Committees of Political Parties.-- Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C)-- (A) by inserting ``(other than a committee described in subparagraph (D))'' after ``committee''; and (B) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $10,000.''. (b) Aggregate Contribution Limit for Individual.--Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and inserting ``$30,000''. SEC. 4. REPORTING REQUIREMENTS. (a) Reporting Requirements.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Other political committees to which section 323 applies.--In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in subparagraphs (A) and (B)(v) of section 323(b)(2). ``(3) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(4) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. (b) Building Fund Exception to the Definition of Contribution.-- Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 5. CODIFICATION OF BECK DECISION. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Nonunion Member Payments to Labor Organization.-- ``(1) In general.--It shall be an unfair labor practice for any labor organization which receives a payment from an employee pursuant to an agreement that requires employees who are not members of the organization to make payments to such organization in lieu of organization dues or fees not to establish and implement the objection procedure described in paragraph (2). ``(2) Objection procedure.--The objection procedure required under paragraph (1) shall meet the following requirements: ``(A) The labor organization shall annually provide to employees who are covered by such agreement but are not members of the organization-- ``(i) reasonable personal notice of the objection procedure, the employees eligible to invoke the procedure, and the time, place, and manner for filing an objection; and ``(ii) reasonable opportunity to file an objection to paying for organization expenditures supporting political activities unrelated to collective bargaining, including but not limited to the opportunity to file such objection by mail. ``(B) If an employee who is not a member of the labor organization files an objection under the procedure in subparagraph (A), such organization shall-- ``(i) reduce the payments in lieu of organization dues or fees by such employee by an amount which reasonably reflects the ratio that the organization's expenditures supporting political activities unrelated to collective bargaining bears to such organization's total expenditures; and ``(ii) provide such employee with a reasonable explanation of the organization's calculation of such reduction, including calculating the amount of organization expenditures supporting political activities unrelated to collective bargaining. ``(3) Definition.--In this subsection, the term `expenditures supporting political activities unrelated to collective bargaining' means expenditures in connection with a Federal, State, or local election or in connection with efforts to influence legislation unrelated to collective bargaining.''.
Establishes an individual annual limit of $10,000 for State committee contributions. Increases the aggregate individual contribution limit to $30,000. Requires national and State committees to report all receipts and disbursements. Repeals the building fund exception to the definition of contribution. Amends the National Labor Relations Act to declare it to be an unfair labor practice for a labor organization to receive payments from an employee pursuant to an agreement requiring such non-member employee to make payments in lieu of organization dues or fees without establishing a specified objection procedure under which the non-member's fees are reduced by the percentage that would be used to support political activities (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al).
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``American Metalworking Manufacturers Support Act''. (b) Findings.--Congress finds the following: (1) There are roughly 35,000 metalworking companies with approximately 2 million employees throughout the country who manufacture critical products for the defense, aerospace, medical, automotive, agriculture, and construction industries, among many others. (2) Uncertainty surrounding the timeliness of paid receivables, and a need for steady cash flow for day-to-day operations and investments creates challenges for small middle market manufactures who are a critical part of the industrial supply chain. (3) In the current financial environment, most lending institutions will not provide loans to metalworking companies. (4) The U.S. Government should help foster an environment that encourages metalworking in America by supporting small middle market manufacturers. (5) The Federal Government currently incentivizes larger businesses and private contractors to use small businesses and tax credits are important criteria to foster growth among small middle market manufacturers. TITLE I--SMALL METALWORKING BUSINESS ASSISTANCE PROGRAMS SEC. 101. DEFINITIONS. For purposes of this subtitle: (1) Cost.--The term ``cost'' has the same meaning as is given the term ``cost'' in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (2) Small metalworking business.--The term ``small metalworking business'' means a small business concern, as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)), whose primary purpose is the domestic manufacturing and production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining. (3) Guarantee.--The term ``guarantee'' has the same meaning as is given the term ``loan guarantee'' in section 502(3) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 102. LOANS AUTHORIZATION. (a) Loans Authorized.--Funding as may be necessary, not to exceed $10,000,000,000 for costs under this section shall be available to the Secretary, without further appropriation or fiscal year limitation, for the costs of such program. All funds received by the Secretary in connection with loans made pursuant to paragraph (b) shall be paid into the general fund of the Treasury for reduction of the public debt. (b) Terms and Conditions of Loans.-- (1) In general.--A loan made pursuant to this section-- (A) shall be for a maximum amount of $3,000,000; (B) shall be for a maximum period of 18 months, after which the Secretary shall require any small metalworking business receiving a loan to repay the loan in full; and (C) shall not obligate the recipient of such loan to pay any interest. (2) Additional terms and conditions.--The Secretary may establish additional terms and conditions with respect to loans made under this section. (c) Application.--An eligible small metalworking business that seeks a loan under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. SEC. 103. SMALL METALWORKING BUSINESS STABILIZATION PROGRAM. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``qualifying small business loan'' means a loan made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small metalworking business before the date of enactment of this Act; (3) the term ``small metalworking business'' means a small business concern, as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)), whose primary purpose is the domestic manufacturing and production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining; and (4) the term ``stabilization loan'' means a loan under the program established under subsection (b) made by the Administrator either in cooperation with a bank or other financial institution through an agreement to participate on a deferred (or guaranteed) basis or directly. (b) Establishment of a Loan Program.--Subject to the availability of appropriations, the Administrator shall carry out a program to provide stabilization loans to viable (as such term is defined pursuant to regulations prescribed by the Administrator) small metalworking businesses that have a qualifying small business loan and are experiencing immediate financial hardship. (c) Technical Assistance.--The Administrator shall establish a technical assistance program to assist a bank or other financial institution that has an agreement with the Administrator to provide stabilization loans. (d) Application.--To be eligible for a stabilization loan, a small metalworking business shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Use of Funds.--A stabilization loan shall be used to make periodic payments of principal and interest, either in full or in part, on a qualifying small business loan for-- (1) amounts payable during a period of time not to exceed 6 months; or (2) a period of time during which the total amount of such periodic payments does not exceed $50,000, whichever is less. (f) Loan Terms.--A stabilization loan shall-- (1) carry a 100 percent guaranty; and (2) have interest fully subsidized for the period of repayment. (g) Repayment.--Repayment of a stabilization loan shall-- (1) be amortized over a period of time not to exceed 5 years; and (2) begin not later than 12 months after the end of the month or other period for which the last periodic payment (as referred to in subsection (d)) is made. (h) Collateral.--The Administrator may accept any available collateral, including subordinated liens, to secure a stabilization loan. (i) Fees.--The Administrator may not charge any processing fees, origination fees, application fees, points, brokerage fees, bonus points, prepayment penalties, or other fees for a stabilization loan. (j) Sunset.--An application submitted under subsection (c) for a stabilization loan may not be accepted after December 31, 2010. TITLE II--REVENUE PROVISION SEC. 201. SMALL BUSINESS METALWORKING CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. SMALL METALWORKING BUSINESS CREDIT. ``(a) In General.--For purposes of section 38, the small metalworking business credit for any taxable year is an amount equal to 30 percent of the amounts paid or incurred for metal parts, components, or assemblies produced for the taxpayer under a contract between the taxpayer and an eligible small metalworking business. ``(b) Eligible Small Metalworking Business.--For purposes of this section, the term `eligible small metalworking business' means any person-- ``(1) who is unrelated to the taxpayer, ``(2) who is engaged in the trade or business of metalworking in the United States, and ``(3) who is a small business as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(c) Definition and Special Rule.--For purposes of this section-- ``(1) Metalworking.--For purposes of this section, the term `metalworking' means the production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining. ``(2) Related person.--A person shall be treated as related to another person if they bear a relationship to such other person described in section 267(b) or 707(b). ``(3) Election not to take credit.--No credit shall be determined under subsection (a) for any amount if the taxpayer elects not to have this section apply to such amount.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the small metalworking business credit determined under section 45R(a).''. (2) 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. 45R. Small metalworking business credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
American Metalworking Manufacturers Support Act - Directs the Administrator of the Small Business Administration (SBA) to: (1) carry out a program to provide business stabilization loans to viable small metalworking businesses that have a qualifying SBA small business loan and are experiencing immediate financial hardship; and (2) establish a technical assistance program to assist a bank or other financial institution to provide such loans to such businesses. Prohibits the Administrator from charging any loan fees. Makes specified funds available to the Secretary of the Treasury for the loan program. Limits each loan to a maximum of $3 million and 18 months, without interest. Amends the Internal Revenue Code to provide a small metalworking business tax credit of 30% of the amount paid or incurred for metal parts, components, or assemblies produced for the taxpayer under a contract between the taxpayer and a small metalworking business.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Witness Protection Act of 2013''. SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1522. State and local witness tampering and retaliation ``(a) Definitions.--In this section-- ``(1) the term `State official proceeding' means a proceeding before a judge or court of a State or political subdivision thereof; and ``(2) the term `physical force' has the meaning given the term in section 1515. ``(b) Tampering and Retaliation.--It shall be unlawful, in a circumstance described in subsection (c), for a person to kill, attempt to kill, use physical force or the threat of physical force against, harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to-- ``(1) influence, delay, or prevent the testimony or attendance of any person in a State official proceeding; ``(2) prevent the production of a record, document, or other object, in a State official proceeding; ``(3) cause or induce any person to-- ``(A) withhold testimony, or withhold a record, document, or other object from a State official proceeding; ``(B) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in a State official proceeding; ``(C) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object in a State official proceeding; or ``(D) be absent from a State official proceeding to which that person has been summoned by legal process; ``(4) hinder, delay, or prevent the communication by any person to a law enforcement officer or judge of a State, or political subdivision thereof, of information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, parole, or release pending judicial proceedings; or ``(5) retaliate against any person for-- ``(A) the attendance of a witness or party at a State official proceeding, or any testimony given or any record, document, or other object produced by a witness in a State official proceeding; or ``(B) providing to a law enforcement officer any information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. ``(c) Circumstances.--A circumstance described in this subsection is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or ``(3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. ``(d) Penalties.-- ``(1) In general.--Any person that violates this section-- ``(A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; ``(B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, or imprisoned for not more than 30 years, or both; and ``(C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Exception.--If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- ``(A) the penalty described in paragraph (1); or ``(B) the maximum term that could have been imposed for any offense charged in the criminal case. ``(3) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(e) Affirmative Defense.--It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that the conduct committed by the defendant-- ``(1) consisted solely of lawful conduct; and ``(2) that the sole intention of the defendant was to encourage, induce, or cause the other person to testify truthfully. ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of this section-- ``(1) a State official proceeding need not be pending or about to be instituted at the time of the offense; and ``(2) the testimony, or the record, document, or other object obstructed, tampered, or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege. ``(g) Intent.--In a prosecution for an offense under this section, the state of mind need not be proved with respect to-- ``(1) a State official proceeding before a judge, court, magistrate judge, or grand jury being before a judge or court of a State or political subdivision thereof; ``(2) a judge being a judge of a State or political subdivision thereof; or ``(3) a law enforcement officer being an officer or employee of the State or political subdivision thereof. ``(h) Venue.--A prosecution brought under this section may be brought-- ``(1) in the district in which the State official proceeding (whether or not pending or about to be instituted) was intended to be affected; or ``(2) in the district which the conduct constituting the alleged offense occurred.''. (b) Technical and Conforming Amendment.--The table of contents for chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``1522. State and local witness tampering and retaliation.''. SEC. 3. SENTENCING GUIDELINES ENHANCEMENT. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as follows-- (1) by 2 levels if the defendant threatened or harmed 1 or more individuals on more than 1 occasion; (2) by 2 levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice; (3) by 2 levels if the defendant destroyed or caused the destruction of documents on a computer; and (4) by 6 levels if the offense resulted in substantial interference with the administration of justice. SEC. 4. WITNESS PROTECTION GRANT PROGRAM. (a) In General.--Subject to subsection (b), the Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that-- (1) provide protection or assistance to witnesses in-- (A) court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code; and (B) court proceedings involving gangs or organized crime; and (2) provide information and outreach to the public about witness intimidation. (b) Criteria.--In making grants under subsection (a), the Attorney General shall evaluate applicants based upon-- (1) the extent to which the applicant has a lack of infrastructure to support a witness assistance program; (2) the extent to which witness intimidation is present with respect to the applicant; (3) the level of cases not prosecuted by the applicant due to witness intimidation; (4) the number of homicides per capita committed in the jurisdiction of the applicant; (5) the number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant; (6) the extent to which organized crime is present in the jurisdiction of the applicant; and (7) any other appropriate criteria as determined by the Attorney General. (c) Federal Share.-- (1) In general.--The Federal share of the cost of a project carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (d) Administrative Expenses.--Federal administrative costs to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (e) for such fiscal year. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
State Witness Protection Act of 2013 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding; (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the U.S. Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence. Directs the Attorney General to make competitive grants to eligible state, tribal, and local governments to establish or maintain programs that provide: (1) protection or assistance to witnesses in court proceedings involving homicide, a serious violent felony or drug offense, gangs, or organized crime; and (2) information and outreach to the public about witness intimidation. Sets forth criteria by which the Attorney General shall evaluate applicants, including the extent to which: (1) an applicant has a lack of infrastructure to support a witness assistance program, and (2) witness intimidation is present with respect to the applicant.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fragile X Research Breakthrough Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Fragile X is the most common inherited cause of mental retardation. It affects 1 in every 2,000 boys and 1 in every 4,000 girls. One in 260 women is a carrier. (2) Most children with Fragile X require a lifetime of special care at a cost of over $2,000,000 per child. (3) Relatively newly-discovered and relatively unknown, even in the medical profession, Fragile X is caused by the absence of a single protein that can be produced synthetically but that cannot yet be effectively assimilated. (4) Fragile X research, both basic and applied, is vastly underfunded in view of its prevalence, the potential for the development of a cure, the established benefits of currently available interventions, and the significance that Fragile X research has for related disorders. (5) Fragile X is a powerful research model for other forms of X-linked mental retardation, as well as neuropsychiatric disorders, including autism, schizophrenia, mood disorders, and pervasive developmental disorder. Individuals with Fragile X are a homogeneous study population for advancing understanding of these disorders. SEC. 3. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT; RESEARCH ON FRAGILE X. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452E. FRAGILE X. ``(a) Expansion and Coordination of Research Activities.--The Director of the Institute, after consultation with the advisory council for the Institute, shall expand, intensify, and coordinate the activities of the Institute with respect to research on the disease known as Fragile X. ``(b) Research Centers.-- ``(1) In general.--The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research for the purposes of improving the diagnosis and treatment of, and finding the cure for, Fragile X. ``(2) Number of centers.--In carrying out paragraph (1), the Director of the Institute shall, to the extent that amounts are appropriated, provide for the establishment of at least 3 Fragile X research centers. ``(3) Activities.-- ``(A) In general.--Each center assisted under paragraph (1) shall, with respect to Fragile X-- ``(i) conduct basic and clinical research, which may include clinical trials of-- ``(I) new or improved diagnostic methods; and ``(II) drugs or other treatment approaches; and ``(ii) conduct research to find a cure. ``(B) Fees.--A center may use funds provided under paragraph (1) to provide fees to individuals serving as subjects in clinical trials conducted under subparagraph (A). ``(4) Coordination among centers.--The Director of the Institute shall, as appropriate, provide for the coordination of the activities of the centers assisted under this section, including providing for the exchange of information among the centers. ``(5) Certain administrative requirements.--Each center assisted under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(6) Duration of support.--Support may be provided to a center under paragraph (1) for a period of not to exceed 5 years. Such period may be extended for 1 or more additional periods, each of which may not exceed 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period be extended. ``(7) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $10,000,000 for fiscal year 2000, and such sums as may be necessary for each subsequent fiscal year.''. SEC. 4. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT; LOAN REPAYMENT PROGRAM REGARDING RESEARCH ON FRAGILE X. Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487E the following: ``SEC. 487F. LOAN REPAYMENT PROGRAM REGARDING RESEARCH ON FRAGILE X. ``(a) In General.--The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program under which the Federal Government enters into contracts with qualified health professionals (including graduate students) who agree to conduct research regarding Fragile X in consideration of the Federal Government's agreement to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans owed by such health professionals. ``(b) Applicability of Certain Provisions.--With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, the provisions of such subpart (including section 338B(g)(3)) shall, except as inconsistent with subsection (a) of this section, apply to the program established in such subsection in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2000, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated for a fiscal year under the preceding sentence shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.
Fragile X Research Breakthrough Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to: (1) expand, intensify, and coordinate the Institute's activities respecting research on the disease known as Fragile X; and (2) make grants to, and enter into contracts with, public or nonprofit private entities for the development and operation of at least three centers to conduct research for improving the diagnosis and treatment of, and finding the cure for, Fragile X. Requires each such center assisted to conduct basic and clinical research, which may include clinical trials of new or improved diagnostic methods and drugs or other treatment approaches. Allows such centers to use grant funds provided under this Act to provide fees to individuals serving as subjects in clinical trials. Requires the Director to provide for the coordination of the centers' activities, including the exchange of information. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions. Allows support to be provided to a center for a period not exceeding five years with authorized extensions. Authorizes appropriations. Directs the Secretary of Health and Human Services to establish a program under which the Federal Government enters into contracts with qualified health professionals who agree to conduct research on Fragile X in consideration of the Government's agreement to repay, for each year of such service, no more than $35,000 of the principal and interest of the educational loans owed by such health professionals. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The western basin of Lake Erie, as part of the Great Lakes ecosystem, the largest freshwater ecosystem on the face of the Earth, is vitally important to the economic and environmental future of the United States. (2) Over the past three decades, the citizens and governmental institutions of both the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin. This increased awareness has been accompanied by a gradual shift to a holistic ``ecosystem approach'' that highlights a growing recognition that shoreline areas--the nearshore terrestrial ecosystems--are an integral part of the western basin and the Great Lakes ecosystem as a whole. (3) The Great Lakes account for more than 90 percent of the surface freshwater in the nation. The western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries. (4) The western basin of Lake Erie is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants. (5) The coastal wetlands of Lake Erie support the largest diversity of plant and wildlife species in the Great Lakes. The moderate climate of Lake Erie and its more southern latitude allow for many species that are not found in or along the northern Great Lakes. More than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin. (6) The shallow western basin of Lake Erie, from the Lower Detroit River to Sandusky Bay, is home to the largest concentration of marshes in Lake Erie, including Mouille, Metzger, and Magee marshes, the Maumee Bay wetland complex, the wetland complexes flanking Locust Point, and the wetlands in Sandusky Bay. The larger United States islands in western Lake Erie have wetlands in their small embayments. (7) The wetlands in the western basin of Lake Erie comprise as some of the most important waterfowl habitat in the Great Lakes. Waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds all use the western basin wetlands for migration, nesting, and feeding. Hundreds of thousands of diving ducks stop to rest in the Lake Erie area on their fall migration from Canada to the east and south. The wetlands of the western basin of Lake Erie provide a major stopover for ducks such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck. (8) The international importance of Lake Erie is manifested in the United States congressional designation of the Ottawa and Cedar Point National Wildlife Refuges. (9) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting. On an economic basis, Lake Erie tourism accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs. (10) Many of the 417,000 boats that are registered in Ohio are used in the western basin of Lake Erie, in part to fish for the estimated 10,000,000 walleye that migrate from other areas of the lake to spawn. This internationally renowned walleye fishery drives much of Ohio's $2,000,000,000 sport fishing industry. (11) Coastal wetlands in the western basin of Lake Erie have been subjected to intense pressure for 150 years. Prior to 1850, the western basin was part of an extensive coastal marsh and swamp system of approximately 122,000 hectares that comprised a portion of the Great Black Swamp. By 1951, only 12,407 wetland hectares remained in the western basin. Half of that acreage was destroyed between 1972 and 1987. Therefore, today only approximately 5,000 hectares remain. Along the Michigan shoreline, coastal wetlands were reduced by 62 percent between 1916 and the early 1970s. The development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetlands at the mouth of the Raisin River: only approximately 100 hectares remain physically unaltered today in an area where 70 years ago marshes were 10 times more extensive. In addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of many remaining diked wetlands has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetlands. Protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and impacting the breeding and spawning grounds. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge Complex'' means the Ottawa National Wildlife Refuge Complex and the lands and waters therein, as described in the document entitled ``The Comprehensive Conservation Plan for the Ottawa National Wildlife Refuge Complex'' and dated September 22, 2000, including Ottawa National Wildlife Refuge, West Sister Island National Wildlife Refuge, and Cedar Point National Wildlife Refuge. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by the Detroit River International Wildlife Refuge Establishment Act (Public Law 107-91). SEC. 4. EXPANSION OF BOUNDARIES. (a) Refuge Complex Boundaries.-- (1) Expansion.--The boundaries of the Refuge Complex are expanded to include lands and waters in the State of Ohio from the eastern boundary of Maumee Bay State Park to the eastern boundary of the Darby Unit, including the Bass Island archipelago, as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'', dated September 6, 2002. (2) Boundary revisions.--The Secretary may make such revisions to the boundaries of the Refuge Complex as may be appropriate to carry out the purposes of the Refuge Complex or to facilitate the acquisition of property within the Refuge Complex. (b) International Refuge Boundaries.--The southern boundary of the International Refuge is extended south to include additional lands and waters in the State of Michigan east of Interstate Highway 75 from the southern boundary of Sterling State Park to the Ohio State boundary, as depicted on the map referred to in subsection (a)(1). (c) Availability of Map.--The Secretary shall keep the map referred to in subsection (a)(1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. SEC. 5. ACQUISITION AND TRANSFER OF LANDS FOR REFUGE COMPLEX. (a) Acquisitions.--The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge Complex as expanded by this title. No such lands, waters, or interests therein may be acquired without the consent of the owner thereof. (b) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge Complex, as expanded by this title, that is under the administrative jurisdiction of a department or agency of the United States other than the Department of the Interior may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this title. SEC. 6. ADMINISTRATION OF REFUGE COMPLEX. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge Complex, as expanded by this title, in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this title. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to implement this title. (b) Additional Purposes.--In addition to the purposes of the Refuge Complex under other laws, regulations, executive orders, and comprehensive conservation plans, the Refuge Complex shall be managed for the following purposes: (1) To strengthen and complement existing resource management, conservation, and education programs and activities at the Refuge Complex in a manner consistent with the primary purpose of the Refuge Complex to provide major resting, feeding, and wintering habitats for migratory birds and other wildlife, and to enhance national resource conservation and management in the western basin of Lake Erie. (2) To conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin of Lake Erie (including associated fish, wildlife, and plant species), both in the United States and Canada in partnership with nongovernmental and private organizations, as well as private individuals dedicated to habitat enhancement. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin of Lake Erie. (4) To advance the collective goals and priorities established in the ``Great Lakes Strategy 2002--A Plan for the New Millennium'', by the United States Policy Committee comprised of various Federal agencies, including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission, as well as the State governments and tribal governments in the Great Lakes. These goals, broadly stated, include working together to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. (c) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (d) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary may enter into cooperative agreements with the State of Ohio or the State of Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this title of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge Complex and to promote public awareness of the resources of the western basin of Lake Erie and encourage public participation in the conservation of those resources. (e) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the boundaries of the Refuge Complex. SEC. 7. STUDY OF ASSOCIATED AREA. (a) In General.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the 2 dredge spoil disposal sites referred to by the Toledo-Lucas County Port Authority as Port Authority Facility Number Three and Grassy Island, located within Toledo Harbor near the mouth of the Maumee River. (b) Report.--Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior-- (1) such sums as may be necessary for the acquisition of lands and waters within the Refuge Complex; (2) such sums as may be necessary for the development, operation, and maintenance of the Refuge Complex; and (3) such sums as may be necessary to carry out the study under section 7.
Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Expands the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.Prescribes requirements for administration of the Complex.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.Requires the Secretary to encourage the State of Ohio to use authority under the recreational trails program under Federal law to provide funding for the acquisition and development of trails within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) It is appropriate and timely to-- (A) honor the unique Federal republic of 50 States that comprise the United States; and (B) promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage. (2) The circulating coinage of the United States has not been modernized within the past 25 years. (3) A circulating commemorative 25-cent coin program could produce earnings of $110,000,000 from the sale of silver proof coins and sets over the 10-year period of issuance and would produce indirect earnings of an estimated $2,600,000,000 to $5,100,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent. (4) It is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) Redesign beginning in 1999.-- ``(A) In general.--Notwithstanding the 4th sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning in 1999, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the 50 States. ``(B) Transition provision.--Notwithstanding subparagraph (A), the Secretary may continue to mint and issue quarter dollars in 1999 which bear the design in effect before the redesign required under this subsection and an inscription of the year `1998' as required to ensure a smooth transition into the 10-year program under this subsection. ``(2) Single state designs.--The design on the reverse side of each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year (of the 10-year period referred to in paragraph (1)), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.-- ``(A) In general.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Governor of the State being commemorated, or such other State officials or group as the State may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Numismatic items.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. Passed the House of Representatives September 23, 1997. Attest: ROBIN H. CARLE, Clerk. By Jeff Trandahl, Deputy Clerk.
50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Improve Educational Achievement Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of the United States to declare more effective educational services to its citizens, especially disadvantaged citizens and traditionally underserved citizens, is of primary importance to the national security and to the continued role of the United States as a world leader; (2) the ability of local school authorities to effectively administer and improve the public schools under their leadership is impeded by the paperwork burden and regulatory limitations imposed by numerous education programs administered by the Federal Government and by the States; (3) because American society and student needs are changing quickly, schools and schooling must be flexible and innovative in order to sustain relevance and vitality in an increasingly challenging world; (4) educational funding flexibility at the State and local level has proven to be effective means toward educational reform in States nationwide, and this flexibility should be expanded to cover Federal requirements that may impede educational achievement; and (5) real and fundamental change in the structure of schools and education will emerge from school reform initiatives and such change should be based on professional knowledge and a solid foundation of research. SEC. 3. PURPOSE. The purpose of this Act is to allow States, local educational agencies, and schools the flexibility to use and combine Federal, State, and local funds to improve the educational achievement of all elementary and secondary school students, including students with disabilities, students who are disadvantaged, and students who are limited English proficient, and to help schools and students meet the National Education Goals by waiving certain statutory and regulatory requirements (not including the appropriate protections with respect to civil rights, discrimination, and safety). SEC. 4. PROGRAM AUTHORIZED. (a) Education Programs.--The Secretary of Education is authorized to waive certain Federal statutory and regulatory requirements (except as provided in section 6) for States, local educational agencies, and schools that can demonstrate that such waivers are part of efforts to achieve education reform and meet the National Education Goals for all students, where such waivers are part of a State or local systemic reform plan, and where such States and local educational agencies have implemented similar waiver plans. (b) Additional Programs.--Waivers may also be requested for requirements regarding the following programs: (1) The Head Start Act. (2) The Runaway and Homeless Youth Act. (3) The Juvenile Justice and Delinquency Prevention Act. (4) The National School Lunch Act. (5) The School Breakfast Program. (6) The Child and Adult Care Food Program. (7) The Special School Milk Program. (8) The Summer Food Service Program. (9) The Community Services Block Grant Program. If such waivers are requested, the Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. The Secretary shall obtain the approval of such agency head as part of final approval of such project. SEC. 5. APPLICATIONS. (a) General Requirements.--A school, local educational agency, or State that desires to receive a waiver under this Act shall-- (1) indicate which Federal requirements are to be waived and how waiving such requirements will improve educational achievement among all students; (2) describe educational programs and goals being proposed and how such programs will meet the needs of all students; (3) identify the Federal programs to be included in the project; (4) indicate which State and local requirements to be waived; (5) describe specific, measurable educational improvement goals and expected outcomes for all affected students; (6) describe methods to be used to measure progress toward meeting such goals; (7) describe how programs will continue to focus on the same populations served by programs for which waivers are requested; (8) describe how students not now eligible for programs for which waivers are granted can be served without weakening the program benefits for eligible populations; and (9) describe the student population at proposed schools, including-- (A) current data regarding the achievement levels of students, particularly disadvantaged students; (B) the number of students who-- (i) are of limited English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; (ii) are children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Education Act; (iii) are currently or were, within the past 5 years, migratory; (iv) are educationally disadvantaged for the purposes of chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and (v) are eligible for a free or reduced- price lunch. (b) Additional Requirements.--The Secretary of Education may include additional requirements as may reasonably be required. (c) Individual School Applications.--A local school that desires to receive a waiver under this Act shall submit an application to the local educational agency, which, after review, shall submit such application to the State educational agency. (d) Local Applications.--(1) A local educational agency that desires to receive a waiver under this Act shall submit an application to the State educational agency for review. (2) A State educational agency that approves an application submitted by a local educational agency shall forward such application to the Secretary of Education for consideration. (3) If an application requests a waiver for a program other than an education program, the State educational agency shall submit such application to the chief executive of the State for review before forwarding such application to the Secretary of Education. (e) State Applications.--(1) A State educational agency that desires to receive a waiver under this Act shall submit an application to the Secretary of Education for consideration, unless such application requires waivers for other than education programs. (2) Such application shall be submitted to the chief executive of the State for review before forwarding such application to the Secretary of Education. SEC. 6. WAIVER RESTRICTIONS. Nothing in this section shall be construed to authorize any changes in, substitutions for, or lessening of the protections of Federal laws and regulations regarding civil rights, discrimination, and safety or to affect regulations and prohibitions concerning the diversion of Federal funds for private use. Requirements which shall not be waived include-- (1) requirements governing fund allocations; (2) requirements governing privacy of pupil records; (3) requirements under title VI of the Civil Rights Act of 1964; (4) provisions of section 504 of the Rehabilitation Act of 1973; (5) provisions of title II of the Americans with Disabilities Act; (6) requirements of title IX of the Education Amendments of 1972; (7) requirements of parts A, B, and H under the Individuals with Disabilities Education Act; (8) requirements governing-- (A) maintenance of effort; (B) comparability; or (C) the equitable participation of students attending private schools; and (9) requirements on parental participation and involvement. SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE. (a) Waivers.--Three years after a waiver is provided to a school or local educational agency, the Secretary of Education shall evaluate the effectiveness of such waiver, based on reports and evaluations conducted by the State educational agency, in meeting the goals outlined in their application, in achieving educational reform, in raising student achievement for all students, including students with disabilities, students who are disadvantaged, and students who are limited English proficient, and in meeting the National Education Goals. (b) Technical Assistance.--If the Secretary determines that progress in achieving education reform is not satisfactory, the Secretary may provide technical assistance to a school or local educational agency. (c) Termination.--If the Secretary determines that the technical assistance does not improve education reform efforts, the Secretary may immediately terminate any waivers previously granted. (d) National Evaluation.--Three years after the flexibility program is implemented and at the end of every succeeding 3-year period, the Secretary shall evaluate the effectiveness of the flexibility program nationwide. The findings of such evaluation shall be submitted to the Congress not later than 120 days after such evaluation is completed. SEC. 8. REPORTS. (a) Local Reports.--A local educational agency or school that participates in a flexibility project under this Act shall submit an annual report to the State educational agency that-- (1) describes project activities; (2) evaluates the progress in achieving the goals stated in the application; and (3) evaluates the effectiveness of coordinating services for students and their families. (b) State Reports.--(1) A State that participates in a flexibility project under this Act shall submit an annual report to the Secretary of Education which evaluates the progress in achieving goals stated in the application. (2) The State Educational Agency, upon receipt of reports of local educational agencies or schools participating in a flexibility project, shall review such documents and evaluate the progress of such programs in elevating academic achievement for all students, accomplishing education reform and meeting the National Education Goals. Such reports and evaluations shall be submitted to the Secretary of Education on an annual basis. (c) Secretary Reports.--The Secretary of Education shall submit to the Congress a biennial report, based on State reports, regarding the national progress of flexibility programs and the effect of such programs on improving educational achievement for all students and meeting the National Education Goals. The Secretary shall disseminate information on exemplary practices through the National Diffusion Network.
Freedom to Improve Educational Achievement Act - Authorizes the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. Sets forth requirements for waiver applications, restrictions, evaluations, and reports.
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SECTION 1. SMALL ETHANOL PRODUCER CREDIT. (a) Allocation of Alcohol Fuels Credit to Patrons of a Cooperative.--Section 40(g) of the Internal Revenue Code of 1986 (relating to alcohol used as fuel) is amended by adding at the end the following new paragraph: ``(6) Allocation of small ethanol producer credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of each patron for which the patronage dividends for the taxable year described in subparagraph (A) are included in gross income, and ``(iii) shall be included in gross income of such patrons for the taxable year in the manner and to the extent provided in section 87. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a)(3) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Improvements to Small Ethanol Producer Credit.-- (1) Definition of small ethanol producer.--Section 40(g) of the Internal Revenue Code of 1986 (relating to definitions and special rules for eligible small ethanol producer credit) is amended by striking ``30,000,000'' each place it appears and inserting ``60,000,000''. (2) Small ethanol producer credit not a passive activity credit.--Clause (i) of section 469(d)(2)(A) of such Code is amended by striking ``subpart D'' and inserting ``subpart D, other than section 40(a)(3),''. (3) Allowing credit against minimum tax.-- (A) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for small ethanol producer credit.-- ``(A) In general.--In the case of the small ethanol producer credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the small ethanol producer credit). ``(B) Small ethanol producer credit.--For purposes of this subsection, the term `small ethanol producer credit' means the credit allowable under subsection (a) by reason of section 40(a)(3).''. (B) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``(other'' and all that follows through ``credit)'' and inserting ``(other than the empowerment zone employment credit or the small ethanol producer credit)''. (4) Small ethanol producer credit not added back to income under section 87.--Section 87 of such Code (relating to income inclusion of alcohol fuel credit) is amended to read as follows: ``SEC. 87. ALCOHOL FUEL CREDIT. ``Gross income includes an amount equal to the sum of-- ``(1) the amount of the alcohol mixture credit determined with respect to the taxpayer for the taxable year under section 40(a)(1), and ``(2) the alcohol credit determined with respect to the taxpayer for the taxable year under section 40(a)(2).''. (c) Conforming Amendment.--Section 1388 of such Code (relating to definitions and special rules for cooperative organizations) is amended by adding at the end the following new subsection: ``(k) Cross Reference.--For provisions relating to the apportionment of the alcohol fuels credit between cooperative organizations and their patrons, see section 40(g)(6).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Amends the Internal Revenue Code respecting the small ethanol producer credit to: (1) authorize credit allocation among a cooperative's patrons; (2) increase the gallon capacity for eligible producers; (3) make the credit a non-passive income credit; and (4) remove the credit from the alcohol fuel credit gross income inclusion.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Transportation Improvement Act''. SEC. 2. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: ``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. ``(a) Findings and Purpose.-- ``(1) Findings.--Congress finds that public roads owned by States-- ``(A) can provide valuable assistance to the Federal Government in ensuring adequate and safe transportation to, in, and across federally owned land and Indian reservations; and ``(B) supplement the efforts of the Federal Government in developing and maintaining roads to serve federally owned land and Indian reservations. ``(2) Purpose.--The purpose of this section is to further the Federal interest in State-owned or State-maintained roads that provide transportation to, in, or across federally owned land or Indian reservations by establishing the Cooperative Federal Lands Transportation Program. ``(b) Program.--There is established the Cooperative Federal Lands Transportation Program (referred to in this section as the `program'). Funds available for the program may be used for projects, or portions of projects, on State-owned or State-maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Such projects shall be proposed by a State and selected by the Secretary. A project proposed by a State under this section shall be on a highway owned or maintained by the State and may be a highway construction or maintenance project eligible under this title or any project of a type described in section 204(h). ``(c) Distribution of Funds for Projects.-- ``(1) In general.-- ``(A) In general.--The Secretary-- ``(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and the heads of other agencies as appropriate, shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust; ``(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and ``(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing-- ``(I) the percentage for the State determined under clause (i); by ``(II) the sum determined under clause (ii). ``(B) Adjustment.--The Secretary shall-- ``(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and ``(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii). ``(2) Availability to states.--Except as provided in paragraph (3), for each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying-- ``(A) the percentage for the State, if any, determined under paragraph (1); by ``(B) the funds made available for the program for the fiscal year. ``(3) Selection of projects.--The Secretary may establish deadlines for States to submit proposed projects for funding under this section, except that in the case of fiscal year 1998 the deadline may not be earlier than January 1, 1998. For each fiscal year, if a State does not have pending, by that deadline, applications for projects with an estimated cost equal to at least 3 times the amount for the State determined under paragraph (2), the Secretary may distribute, to 1 or more other States, at the Secretary's discretion, \1/3\ of the amount by which the estimated cost of the State's applications is less than 3 times the amount for the State determined under paragraph (2). ``(d) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section for use in carrying out projects on any Federal lands highway that is located in the State. ``(2) Special rule.--This paragraph applies to a State that contains a national park that was visited by more than 2,500,000 people in 1996 and comprises more than 3,000 square miles of land area, including surface water, that is located in the State. For such a State, 50 percent of the amount that would otherwise be made available to the State for each fiscal year under the program shall be made available only for eligible highway uses in the national park and within the borders of the State. For the purpose of making allocations under section 202(c), the Secretary may not take into account the past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.''. (b) Definition of Federal Lands Highway Investment.--Section 101(a) of title 23, United States Code, is amended-- (1) by adding at the end the following: ``The term `Federal lands highway investment' means funds authorized for the Federal lands highways program or the Cooperative Federal Lands Transportation Program under chapter 2.''; and (2) by reordering the undesignated paragraphs so that they are in alphabetical order. (c) Conforming Amendment.--The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 205 the following: ``206. Cooperative Federal Lands Transportation Program.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), for the Cooperative Federal Lands Transportation Program under section 206 of title 23, United States Code, $200,000,000 for each of the fiscal years 1998 through 2002.
Federal Lands Transportation Improvement Act - Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultural Conservation of the Crossroads of Civilization Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Afghanistan enjoys a geographical position that made it a crossroads of civilizations. Its tumultuous history can be traced back as early as the 4th millennium B.C. and, as a result, it is a living tapestry of ethnic and linguistic cultures. Historically as well as artistically, it is a major contributor to the world community. (2) Afghanistan, flanked by Central, West, and South Asia, has seen waves of migrating peoples pass through what has been referred to as the roundabout of the ancient world. (3) Archaeologists have identified evidence of Stone Age technology and a 20,000-year-old sculpture head in Aq Kupruk. (4) The earliest settlers in Afghanistan, who migrated from northern territories approximately 50,000 years ago, lived as individual hunters in the caves of the northern Hindu Kush mountains. (5) Evidence has been uncovered at the foothills of the Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf), Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating that North Afghanistan was home to the earliest domestic plants and animals. (6) The Khyber Pass, a 33-mile passage through the Hindu Kush mountain range and dating back to 326 B.C., connects the northern frontier of Pakistan with Afghanistan. (7) During the 4th century B.C., Alexander the Great defeated Darius III. Later on, the last Achaemenid ruler took control of Afghanistan and introduced to the region Hellenistic civilizations as well as new coins and artistic styles. (8) Alexander the Great and his army marched through the Kunar Valley to reach the plains of India. The Aryan, Persian, and Greek armies and the Scythian, White Huns, Seljuk, Tartar, Mongol, Turk, Moghol, and Durrani armies made successful inroads into territories beyond the Peshawar Valley and Hindukosh Valleys. (9) Graeco-Buddhist Gandharan culture reached its height during the Kushan Empire of Afghanistan. (10) During the Kushan Empire, under King Kanishka, Buddha was for the first time represented with a human face. Centuries later, the world's largest standing Buddha statues, between 120-175 feet tall, were carved into the Great Cliff of Bamiyan. (11) The Silk Road passed through Afghanistan, bringing Roman glass and Chinese lacquer ware. (12) In 962, the rise of the Ghaznavid Dynasty ushered in the Islamic era and gave Afghanistan a permanent political and cultural role in Islamic civilization. (13) In 1219, Changiz (Genghis) Khan invaded Bukhara to avenge the looting of his caravan. Changiz eventually defeated Khwarazn Shah and proceeded through Afghanistan in his conquest of Asia. (14) Most archaeological material excavated in Afghanistan during the 20th century was housed in the National Museum in Kabul or in regional museums. (15) The Archaeological Institute of America has published articles listing thousands of artifacts that are among the stolen or imperiled treasures of the National Museum in Kabul. (16) The nation of Afghanistan has endured a raping and pillage of its cultural property over the past two decades, leading Abdul Wasey Feroozi, former director of the National Archaeological Institute in Kabul, to state, ``The catastrophe of war annihilated seventy years of our hard work and accomplishments. In the period from 1992 to 1994 . . . over 70 percent of the Kabul National Museum was burned and damaged and 100 percent of the objects were stolen or vandalized. Illegal excavations and extensive clandestine digging started at most historical sites, and thousands of valuable objects were transported to other countries, notably through Pakistan, to the international markets.''. (17) It should be recognized that the cultural heritage of Afghanistan is at extreme peril and this legislation is a result of a profound concern for the damage to Afghan antiquities, sites, monuments, and cultural institutions. SEC. 3. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. (a) Authority.--The President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) Definition.--In this section, the term ``archaeological or ethnological material of Afghanistan'' means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance (including coins, manuscripts, and statuary artifacts) illegally removed, after the date of the enactment of this Act, from the National Museum in Kabul or other locations, including archaeological sites, in Afghanistan. SEC. 4. TERMINATION OF AUTHORITY. The authority of the President under section 3 shall terminate upon the earlier of-- (1) the date that is 5 years after the date on which the President certifies to the Congress that normalization of relations between the United States and the Government of Afghanistan has been established; or (2) September 30, 2010.
Cultural Conservation of the Crossroads of Civilization Act - Authorizes the President to exercise authority under the Convention on Cultural Property Implementation Act to implement specified emergency restrictions on imports in order to protect certain archaeological or ethnological materials of Afghanistan which are illegally removed after enactment of this Act. Authorizes such measures as if Afghanistan were a State Party under such Act. Terminates the President's authority under this Act upon the earlier of: (1) five years after the President certifies normalization of U.S.-Afghanistan relations; or (2) September 30, 2010.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Comparative Effectiveness Act of 2006''. SEC. 2. RESEARCH AND STUDY ON EFFECTIVENESS OF CERTAIN PRESCRIPTION DRUGS. (a) In General.-- (1) Research.--The Director of the Agency for Healthcare Research and Quality, in consultation with the Director of the National Institutes of Health, shall conduct or support research, which may include clinical research, to develop valid scientific evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. In conducting or supporting such research, particular consideration shall be given to treatments that involve high volume, high cost, or high risk to patients. (2) Systematic reviews.-- (A) In general.--The Director of the Agency for Healthcare Research and Quality shall conduct or support systematic reviews of existing evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. In conducting or supporting such reviews, particular consideration shall be given to treatments that involve high volume, high cost, or high risk to patients. (B) Better clinician and patient information on safety.--Within 12 months of the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs, and the Director of the National Institutes of Health, shall develop a coordinated plan for research on the most appropriate methods for measuring and comparing adverse events associated with pharmaceuticals and other medical and surgical treatments so that clinicians and patients can evaluate the comparative safety as well as the comparative clinical effectiveness of the alternative treatment options. (b) Annual Report.--Each year the Director of the Agency for Healthcare Research and Quality shall prepare a report on the results of the research, studies, and analyses conducted under this section and submit the report to the following: (1) The Congress. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of Veterans Affairs. (5) The Administrator of the Centers for Medicare & Medicaid Services. (6) The Director of the Indian Health Service. (7) The Director of the National Institutes of Health. (8) The Director of the Office of Personnel Management. (c) Reports for Practitioners.--As soon as possible, but not later than a year after the completion of any systemic review conducted pursuant to subsection (a)(2), the Director of the Agency for Healthcare Research and Quality shall-- (1) prepare a report on the results of such systemic review for the purpose of informing health care practitioners; and (2) identify treatment options for which comparative clinical effectiveness judgments could not be reached due to insufficient evidence and make such identifications available to the Director of the National Institutes of Health and other entities funding research. (d) Information for Patients.--The Director of the Agency for Healthcare Research and Quality shall create a version of each report prepared for practitioners under subsection (c)(1) in a form that is easily understood by the individuals receiving the treatments involved. (e) Availability.--The Director of the Agency for Healthcare Research and Quality-- (1) shall publish on the Agency's Internet site, and through other means that will facilitate access by practitioners, each report prepared under subsection (b), (c), or (d); and (2) make the information in such reports available to the public through easily accessible and searchable electronic mechanisms, and in hard copy formats as appropriate. (f) Accountability.--In carrying out this subsection, the Secretary of Health and Human Services shall implement activities in a manner that makes publicly available all scientific evidence relied upon and the methodologies employed, provided such evidence and method are not protected from public disclosure by section 1905 of title 18, United States Code, or other applicable law, so that the results of the research, analyses, or syntheses involved can be evaluated and replicated. (g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the Agency for Healthcare Research and Quality and the National Institutes of Health $100,000,000 for fiscal year 2007 and such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year.
Prescription Drug Comparative Effectiveness Act of 2006 - Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to conduct or support reviews of existing evidence and research to develop evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. Requires the Secretary of Health and Human Services to develop a coordinated plan for research on methods for measuring and comparing adverse events associated with pharmaceuticals and other medical and surgical treatments so that clinicians and patients can evaluate the comparative safety and clinical effectiveness of the alternative treatment options. Provides for information developed from such reviews to be made available to practitioners and patients.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENVIRONMENTAL PROTECTION Sec. 101. Response to environmental hazards associated with illegal manufacture of methamphetamine on Department of Agriculture and Department of the Interior lands. Sec. 102. Grant program to assist State and local government and private response to environmental hazards associated with illegal manufacture of methamphetamine on agricultural lands. Sec. 103. Designation of by-products of methamphetamine laboratories as hazardous materials and waste under Hazardous Materials Transportation Act and Solid Waste Disposal Act. Sec. 104. Grant program to assist local law enforcement agencies in the safe identification, cleanup, and disposal of methamphetamine laboratories. Sec. 105. Grant program to assist local law enforcement agencies in meeting the costs of complying with Federal laws relating to methamphetamine laboratory cleanup and disposal. Sec. 106. Study of environmental impact. TITLE II--EDUCATION, PREVENTION, AND TREATMENT Sec. 201. Study regarding health effects of exposure to process of unlawful manufacture of methamphetamine. Sec. 202. Grants for educational programs on prevention and treatment of methamphetamine abuse. Sec. 203. Local grants for treatment of methamphetamine abuse and related conditions. TITLE III--ENFORCEMENT Sec. 301. Authorization of appropriations relating to methamphetamine laboratory seizure statistics. Sec. 302. Authorization of appropriations relating to COPS grants. Sec. 303. Expansion of methamphetamine Hot Spots program to include personnel and equipment for enforcement, prosecution, and environmental cleanup. Sec. 304. Authorization of appropriations relating to the clandestine laboratory training. Sec. 305. Liability of promoters of drug-oriented entertainment. Sec. 306. Statement of Congress regarding availability and illegal importation of pseudoephedrine from Canada. TITLE I--ENVIRONMENTAL PROTECTION SEC. 101. RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR LANDS. (a) Response Activities.--The Secretary of Agriculture and the Secretary of the Interior may carry out programs for the environmental clean up and remediation of National Forest System lands and other lands under the jurisdiction of the Department of Agriculture and National Park System lands and other lands under the jurisdiction of the Department of the Interior that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. (b) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 to carry out the programs authorized in subsection (a). SEC. 102. GRANT PROGRAM TO ASSIST STATE AND LOCAL GOVERNMENT AND PRIVATE RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON AGRICULTURAL LANDS. (a) Grants Authorized.--The Secretary of Agriculture may make grants to State and local governments and to private persons to assist the efforts of State and local governments and private persons to clean up and remediate agricultural lands that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. No grant may be made under this subsection to any person who is responsible for the contamination. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $15,000,000 to make grants under subsection (a). SEC. 103. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT. (a) Hazardous Materials Transportation Act.--The Secretary of Transportation shall utilize the authority provided by section 5103 of title 49, United States Code, to designate certain by-products of the methamphetamine production process as hazardous materials for purposes of chapter 51 of such title to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (b) Solid Waste Disposal Act.--The Administrator of the Environmental Protection Agency shall utilize the authority provided by section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) to designate certain by-products of the methamphetamine production process as hazardous waste for purposes of such Act (42 U.S.C. 6901 et seq.) to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (c) Covered Materials.--Not later than 13 months after the date of the enactment of this Act, the Administrator of the Drug Enforcement Administration shall submit to the Secretary of Transportation and the Administrator of the Environmental Protection Agency a list of those by-products of the methamphetamine production process that, in the event of improper disposal and inadequate remediation, are likely to cause long-term harm to the environment. The Administrator of the Drug Enforcement Administration shall take into consideration the report required by section 106 in preparing the initial list and shall revise the list annually thereafter as necessary to reflect changes in the methamphetamine production process. (d) Time for Designation.--The designations required by subsections (a) and (b) shall be completed not later than 18 months after the date of the enactment of this Act. If the Administrator of the Drug Enforcement Administration revises the list referred to in subsection (c), the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall complete additional designations to reflect the revisions made to the list not later than 18 months after the date of the submission of the revised list. SEC. 104. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT AGENCIES IN THE SAFE IDENTIFICATION, CLEANUP, AND DISPOSAL OF METHAMPHETAMINE LABORATORIES. (a) Grants Authorized.--The Secretary of Labor, acting through the Occupational Safety and Health Administration, shall provide grants to local law enforcement agencies for-- (1) training in safe procedures for identifying, cleaning up, and disposing of methamphetamine laboratories, and (2) acquisition of equipment for the safe identification, cleanup, and disposal of methamphetamine laboratories, including costs associated with such training and acquisition provided by public agencies or private organizations. (b) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2003. SEC. 105. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT AGENCIES IN MEETING THE COSTS OF COMPLYING WITH FEDERAL LAWS RELATING TO METHAMPHETAMINE LABORATORY CLEANUP AND DISPOSAL. (a) Grants Authorized.--The Secretary of Labor shall provide grants to local law enforcement agencies to assist such agencies in meeting the costs of complying with Federal laws regarding the cleanup and disposal of methamphetamine laboratories. (b) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2003. SEC. 106. STUDY OF ENVIRONMENTAL IMPACT. (a) Study Required.--Not later than one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a study of the impact of the operation of laboratories for the manufacture of methamphetamines on the environment, including the impact on agriculture. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Environmental Protection Agency $1,000,000 for fiscal year 2003 to conduct the study required by subsection (a). TITLE II--EDUCATION, PREVENTION, AND TREATMENT SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPOSURE TO PROCESS OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE. (a) In General.--With respect to the unlawful manufacturing of methamphetamine, the Secretary of Health and Human Services shall conduct a study for the purpose of determining-- (1) to what extent food, water, air, soil, equipment, or other matter becomes contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to the process of such manufacturing; and (2) whether any adverse health conditions result from the exposure of individuals to such process or to contaminated matter within the meaning of paragraph (1). (b) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete the study under subsection (a) and submit to the Congress a report describing the findings of the study. SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PREVENTION AND TREATMENT OF METHAMPHETAMINE ABUSE. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) in section 4003-- (A) at the end of paragraph (1), by striking ``and''; (B) at the end of paragraph (2), by striking the period and inserting ``; and''; and (C) at the end of the section, by adding the following: ``(3) $20,000,000 for fiscal year 2003, for grants under subpart 4.''; (2) by redesignating subpart 4 as subpart 5; and (3) by inserting after subpart 3 the following: ``Subpart 4--Education on Prevention and Treatment of Methamphetamine Abuse ``SEC. 4146. GRANT PROGRAM. ``(a) Grants.--From funds made available to carry out this subpart under section 4003(3), the Secretary may make grants on a competitive basis to local educational agencies and nonprofit organizations to carry out programs to educate students on prevention and treatment of methamphetamine abuse. ``(b) Applications.--To receive a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 203. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended-- (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B; and (2) by inserting after section 514B (as so redesignated) the following section: ``local grants for treatment of methamphetamine abuse and related conditions ``Sec. 514C. (a) In General.--The Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse, subject to subsection (b). ``(b) Certain Services for Children.--In addition to the purpose described in subsection (a), a grant under such subsection may be expended to treat children for any adverse health condition resulting from a qualifying methamphetamine-related exposure. ``(c) Definitions.--For purposes of this section: ``(1) The term `children' means individuals who are under the age of 18. ``(2)(A) The term `qualifying methamphetamine-related exposure', with respect to children, means exposure to methamphetamine or other harmful substances as a result of the proximity of the children to the process of manufacturing methamphetamine or the proximity of the children to associated contaminated matter. ``(B) The term `associated contaminated matter', with respect to the process of manufacturing methamphetamine, means food, water, air, soil, equipment, or other matter that is contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to such process. ``(d) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2003. ``(2) Allocation for children.--Of the amount appropriated under paragraph (1) for a fiscal year, not less than $2,500,000 shall be reserved for carrying out this section with respect to children.''. TITLE III--ENFORCEMENT SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING TO METHAMPHETAMINE LABORATORY SEIZURE STATISTICS. In addition to any other funds authorized to be appropriated for fiscal year 2003 for the collection, aggregation, and dissemination of methamphetamine laboratory seizure statistics by the El Paso Intelligence Center (EPIC) of the Department of Justice, there is authorized to be appropriated $2,000,000 for such purpose. SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS. (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2003 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for prosecution of methamphetamine offenses. (b) Rural Set-Aside.--Of amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities. (c) DEA Reimbursement.--Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses. SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND ENVIRONMENTAL CLEANUP. Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (10) by striking ``and'' at the end; (2) in paragraph (11) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas.''. SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE LABORATORY TRAINING. In addition to any other funds authorized to be appropriated for fiscal year 2003 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administrated, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional fulltime positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 305. LIABILITY OF PROMOTERS OF DRUG-ORIENTED ENTERTAINMENT. (a) In General.--The Controlled Substances Act is amended by inserting after section 416 (21 U.S.C. 856) the following new section: ``SEC. 416A. PROMOTERS OF DRUG ORIENTED ENTERTAINMENT. ``Whoever knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place were the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 416 the following new item: ``Sec. 416A. Promoters of drug oriented entertainment.''. SEC. 306. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA. (a) Findings.--The Congress finds that-- (1) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of the dangerous narcotic methamphetamine; (2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years; (3) pseudoephedrine can only be purchased in the United States in small quantity bottles or blister packs; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and (4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem. (b) Call for Action by Canada.--The Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.
Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act of 2002 - Authorizes the Secretary of Agriculture and the Secretary of the Interior to carry out environmental cleanup and remediation programs involving specified lands that are contaminated with hazardous substances associated with illegal methamphetamine manufacture.Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues.Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants for educational programs; (2) the Public Health Service Act to authorize grants to provide treatment; (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment; and (4) the Controlled Substances Act to set penalties for promoting an entertainment event where the promoter knows that a controlled substance will be used or distributed in violation of specified law.Urges the President to seek commitments from the Canadian Government regarding the availability of pseudoephedrine.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial TANF Equity Act of 2012''. SEC. 2. ELIMINATION OF CAP ON CERTAIN PAYMENTS TO PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. (a) In General.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended by striking subsection (a). (b) Conforming Amendments.-- (1) Redesignations.--Section 1108 of such Act (42 U.S.C. 1308) is amended by redesignating subsections (b), (c), (d), (f), and (g) as subsections (a), (b), (c), (d), and (e), respectively. (2) Additional conforming amendments.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in subsection (b), as redesignated by paragraph (1)-- (i) by striking paragraphs (2), (4), and (5); and (ii) redesignating paragraph (3) as paragraph (2); (B) in subsection (c), as redesignated by paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (a)''; (C) in subsection (d), as redesignated by paragraph (1), by striking ``subsection (g)'' and inserting ``subsection (e)''; and (D) in subsection (e), as redesignated by paragraph (1), by striking ``subsection (f)'' each place it appears and inserting ``subsection (d)''. SEC. 3. SUPPLEMENTAL GRANTS TO PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. Section 1108(a) of the Social Security Act (42 U.S.C. 1308(a)), as redesignated by section 2(b)(1) of this Act, is amended to read as follows: ``(a) Entitlement to Supplemental Grants.-- ``(1) In general.--Each territory shall be entitled to receive from the Secretary for each fiscal year a supplemental grant in an amount equal to-- ``(A) in the case of Puerto Rico, the Virgin Islands, and Guam, 10 percent of the family assistance grant payable to the territory for the fiscal year; and ``(B) in the case of American Samoa, $100,000. ``(2) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2012 such sums as are necessary for grants under this subsection.''. SEC. 4. ELIGIBILITY OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA FOR THE TANF CONTINGENCY FUND. (a) Definition of State.--Section 403(b)(7) of the Social Security Act (42 U.S.C. 603(b)(7)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.''. (b) Alternative Eligibility Criteria for Territories.--Section 403(b)(5) of such Act (42 U.S.C. 603(b)(5)) is amended-- (1) in subparagraph (A)(ii), by striking ``or'' at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, the State satisfies alternative eligibility criteria established by the Secretary in consultation with the Governor of the State, to be submitted to the Congress not later than 1 year after the date of the enactment of this subparagraph.''. SEC. 5. ELIGIBILITY OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA FOR CHILD CARE ENTITLEMENT FUNDS. (a) Definition of State.--Section 418(d) of the Social Security Act (42 U.S.C. 618(d)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.''. (b) Amount of Payment.-- (1) General entitlement.--Section 418(a)(1) of such Act (42 U.S.C. 618(a)(1)) is amended by striking ``equal to the greater of--'' and all that follows and inserting the following: ``equal to-- ``(A) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, 60 percent of the amount required to be paid to the State for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990; or ``(B) in the case of any other State, the greater of-- ``(i) the total amount required to be paid to the State under section 403 of this Act for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 402 of this Act (as in effect before October 1, 1995); or ``(ii) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in clause (i).''. (2) Allotment of remainder.--Section 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows: ``(B) Allotments to states.--Of the total amount available for payments to States under this paragraph, as determined under subparagraph (A)-- ``(i) an amount equal to 65 percent of the amount required to be paid to each of Puerto Rico, the Virgin Islands, Guam, and American Samoa for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990, shall be allotted to Puerto Rico, the Virgin Islands, Guam, and American Samoa, respectively; and ``(ii) the remainder shall be allotted among the other States based on the formula used for determining the amount of Federal payments to each State under section 403(n) of this Act (as in effect before October 1, 1995).''. SEC. 6. INCREASE IN FEDERAL MATCHING RATE FOR FOSTER CARE AND ADOPTION ASSISTANCE IN PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. Section 474(a) of the Social Security Act (42 U.S.C. 674(a)) is amended in each of paragraphs (1) and (2)-- (1) by striking ``in the case of a State other than the District of Columbia, or'' and inserting ``in the case of each of the 50 States,''; and (2) by inserting ``, or 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa'' after ``in the case of the District of Columbia''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year that begins 1 year or more after the date of enactment of this Act.
Territorial TANF Equity Act of 2012 - Amends title XI of the Social Security Act (SSA) to remove the limitation on payments by the Secretary of Health and Human Services (HHS) to Puerto Rico, the Virgin Islands, Guam, and American Samoa under grants for assistance to the aged, the blind, and the permanently and totally disabled, including Supplemental Security Income (SSI) under SSA title XVI, as well as for Temporary Assistance for Needy Families (TANF) under SSA title IV part A and for foster care and adoption assistance under SSA title IV part E. Replaces entitlement to a matching grant with entitlement to a supplemental grant for such territories of: (1) 10% of the payable family assistance grant to Puerto Rico, the Virgin Islands, and Guam; and (2) $100,000 to American Samoa. Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV o make such territories: (1) eligible for the TANF Contingency Fund for State Welfare Programs; (2) Needy States if they satisfy alternative eligibility criteria established by the Secretary; and (3) eligible for child care entitlement funds. Prescribes a formula for allotment of child care entitlement funds to such territories. Amends part E (Foster Care and Adoption Assistance) of SSA title IV to increase the federal medical assistance percentage (FMAP) for foster care and adoption assistance in such territories.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Farmington River and Salmon Brook Wild and Scenic River Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, operation of this hydroelectric project (including associated transmission lines and other project works) is compatible with the designation made by section 3 of this Act. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(208) Lower farmington river and salmon brook, connecticut.--Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: ``(A) The approximately 27.2 mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. ``(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. ``(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. ``(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. ``(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.''. SEC. 4. MANAGEMENT. (a) In General.--The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee.--The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency.--All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land Management.-- (1) Zoning ordinances.--For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e) Rainbow Dam.--The designation made by section 3 shall not be construed to-- (1) prohibit the potential future licensing or relicensing of the Rainbow Dam and Reservoir (including associated transmission lines and other project works) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operations of a hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking ``14-mile'' and inserting ``15.1-mile''; and (2) by striking ``to the downstream end of the New Hartford-Canton, Connecticut town line'' and inserting ``to the confluence with the Nepaug River''. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Management plan.--The term ``management plan'' means the management plan referred to in section 2(3). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
Lower Farmington River and Salmon Brook Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to manage: (1) the river segments in accordance with the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of the Secretary under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Makes the provisions of the Wild and Scenic Rivers Act prohibiting federal acquisition of lands by condemnation applicable to the designated segments. Limits the authority of the Secretary to acquire lands for the purposes of such segments to acquisition by donation or with the owner's consent and subject to additional management plan criteria. Prohibits the designation made by this Act from being construed as: (1) prohibiting the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including associated transmission lines and other project works) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project, or (2) affecting the operations of a hydroelectric facility at the Dam and Reservoir. Bars the Lower Farmington River from being administered as part of the National Park System or being subject to System regulations. Revises the description of a specified designated segment of the Farmington River in Connecticut.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Area Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier; (2) the natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers, and tidal action along Turnagain Arm, which has the world's second greatest tidal range; (3) the cultural landscape formed by indigenous people and then by settlement, transportation, and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier; (4) there is a national interest in recognizing, preserving, promoting, and interpreting these resources; (5) the Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historical routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords; (6) national significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad; (7) national heritage area designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes; (8) national heritage area designation also provides communities within the region with the motivation and means for ``grassroots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies; and (9) national heritage area designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Gridwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly. (b) Purposes.--The purposes of this Act are-- (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and (2) to foster, through financial and technical assistance, the development of cooperative planning and partnerships among the communities and borough, State, and Federal Government entities. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Kenai Mountains-Turnagain Arm National Heritage Area established by section 4(a) of this Act. (2) Management entity.--The term ``management entity'' means the 11-member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Area. (b) Boundaries.--The Heritage Area shall comprise the lands in the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered ``Map #KMTA-1'', and dated ``August 1999''. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer. SEC. 5. MANAGEMENT ENTITY. (a) The Secretary shall enter into a cooperative agreement with the management entity to carry out the purposes of this Act. The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including the following: (1) A discussion of the goals and objectives of the Heritage Area. (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Area. (3) A general outline of the protection measures, to which the management entity commits. (b) Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands. (c) Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenai Peninsula Borough; the Municipality of Anchorage; the Alaska Railroad; the Alaska Department of Transportation; and the National Park Service. (d) Representation of ex officio members in the nonprofit corporation shall be established under the bylaws of the management entity. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management Plan.-- (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Area, taking into consideration existing Federal, State, borough, and local plans. (2) Contents.--The management plan shall include, but not be limited to-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Area; (B) a description of agreements on actions to be carried out by Government and private organizations to protect the resources of the Heritage Area; (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Area; (D) an inventory of resources contained in the Heritage Area; and (E) a description of the role and participation of other Federal, State and local agencies that have jurisdiction on lands within the Heritage Area. (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the heritage plan, including assisting communities within the region in-- (1) carrying out programs which recognize important resource values in the Heritage Area; (2) encouraging economic viability in the affected communities; (3) establishing and maintaining interpretive exhibits in the Heritage Area; (4) improving and interpreting heritage trails; (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Area; (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Area; and (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Area. (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Area. The management entity shall place a notice of each such meeting in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. SEC. 7. DUTIES OF THE SECRETARY. (a) The Secretary, in consultation with the Governor of Alaska, or his designee, is authorized to enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation. (b) In accordance with the terms and conditions of the cooperative agreement and upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act. SEC. 8. SAVINGS PROVISIONS. (a) Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity of the Heritage Area. (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation. (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities. SEC. 9. PROHIBITION ON THE ACQUISITION OF REAL PROPERTY. The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interest in real property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry out the purposes of this Act, and is made available upon the Secretary and the management entity completing a cooperative agreement. (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Area. (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement. Passed the Senate September 22, 2000. Attest: GARY SISCO, Secretary
Authorizes appropriations. Provide s a 25 percent matching funds requirement. Prohibits the Secretary from making any grant or providing any assistance under this Act beyond 15 years after the Secretary and the management entity complete the cooperative agreement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for Afghan Women Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the removal of the Taliban from power, women in Afghanistan continue to experience brutal violation of their human rights, generally outside of Kabul where warlords are reexerting control. (2) Strong and continued United States support can ensure that the advances made by Afghan women since the fall of the Taliban will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for Afghanistan. Completing the United States mission in Afghanistan will also require significant and long-term investments in development and reconstruction assistance. (4) The maternal mortality rate in Afghanistan is the second highest in the world, with recent reports estimating that every 30 minutes an Afghan woman dies of pregnancy related causes, or approximately 15,000 women every year. The estimated maternal mortality rate of 1,600 deaths per 100,000 live births can be significantly reduced through access to primary health care services, including safe birthing supplies, emergency obstetric care, prenatal and postnatal care, contraception, and prevention and treatment for the effects of sexual coercion and rape. (5) Women comprise 75 percent or more of the refugees and internally displaced in camps, urban areas, and villages in Afghanistan. (6) 85 percent of Afghanistan's population lives in rural areas. The women in rural areas perform vital roles in food production, processing, and preparation. Successful reconstruction and development assistance must target rural women as part of any agricultural interventions. (7) Within Afghanistan and outside of Afghanistan, local women's organizations are delivering critical services and have the knowledge and experience to assist the United States in delivering effective relief aid. (8) The Afghan Ministry for Women's Affairs is an important ministry that is essential for re-establishing women's human rights, ensuring that women are included in all development efforts, and delivering critical legal, health, education, and economic services to women throughout Afghanistan's 30 provinces. (9) Afghan women are taking the initiative to reach across the conflict divide and foster peace. Women's perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. SEC. 3. ESTABLISHMENT OF AFGHAN WOMEN'S FUND. (a) Establishment.--The Administrator of the United States Agency for International Development shall establish a fund for the purpose of assisting women and girls in Afghanistan in the areas of political and human rights, health care, education, training, security, and shelter. (b) Activities Supported.--The fund established under subsection (a) shall support the following activities: (1) Direct financial and programmatic assistance to the Ministry of Women's Affairs in Afghanistan (hereafter in this section referred to as the ``Ministry'') to promote the strengthening of the Ministry as the Government of Afghanistan continues its transition to a long-term government structure and to enable the Ministry to fulfill its mandate. The Ministry may use such assistance to support activities such as the following: (A) Multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (B) Collaboration with the Ministry of Health to construct culturally appropriate health infrastructure and delivery of high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (C) Programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (2) Direct financial assistance to the National Human Rights Commission of Afghanistan. (3) Construction of women's educational facilities in Afghanistan. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $22,500,000 for each of the fiscal years 2003, 2004, and 2005 and such sums as are necessary for each subsequent fiscal year. SEC. 4. ASSISTANCE TO AFGHANISTAN. Notwithstanding any other provision of law, not less than 15 percent of the aggregate amount of economic and humanitarian assistance authorized to be made available to Afghanistan for each of the fiscal years 2003, 2004, and 2005 shall be made available for assistance directly to Afghan-led local nongovernmental organizations, including Afghan women-led organizations, with demonstrated experience in delivering services to Afghan women and children to support their programmatic activities and organizational development. In recognition of the appreciating capacity of Afghan-led local nongovernmental organizations, including Afghan women-led organizations, an appropriate percentage of the aggregate amount of economic and humanitarian assistance authorized to be made available to Afghanistan for fiscal year 2006 and each subsequent fiscal year shall be made available for assistance directly to Afghan-led local nongovernmental organizations, including Afghan women-led organizations. SEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN AFGHANISTAN. (a) In General.--Activities described in subsections (b) through (e) that are carried out by the United States in Afghanistan shall comply with the applicable requirements contained in such subsections. (b) Governance of Afghanistan.--With respect to the governance of Afghanistan, the applicable requirements are the following: (1) Include the perspectives and advice of Afghan women's organizations, networks, and leaders in United States policymaking related to the governance of Afghanistan. (2) Promote the inclusion of a significant number of women in future legislative bodies to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of Afghanistan. (3) Encourage the appointment of women to high level positions within Afghan Ministries. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in Afghanistan, the applicable requirements are the following: (1) Encourage United States organizations that receive funds authorized by this Act to partner with or create Afghan- led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (2) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (3) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for Afghan girls, women, boys, and men. (4) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (5) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (6) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (d) Afghan Military and Police.--With respect to training for military and police forces in Afghanistan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in Afghanistan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, Resettlement, and Repatriation of Refugees and Internally Displaced Persons.--With respect to the relief, resettlement, and repatriation of refugees and internally displaced persons in Afghanistan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced persons in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. SEC. 6. REPORTING REQUIREMENTS. Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 5. All data in the report shall be disaggregated by gender.
Access for Afghan Women Act of 2003 - Directs the Administrator of the U.S. Agency for International Development (USAID) to establish a fund to assist women and girls in Afghanistan in the areas of political and human rights, health care, education, training, security, and shelter. Requires the funds to support specified activities, including: (1) direct financial and programmatic assistance to the Ministry of Women's Affairs in Afghanistan to promote its strengthening and enable it to fulfill its mandate; (2) direct financial assistance to the National Human Rights Commission of Afghanistan; and (3) construction of women's educational facilities in Afghanistan. Earmarks a minimum percentage of the economic and humanitarian assistance authorized for Afghanistan for each of FY 2003 though 2005 to be made available for assistance directly to Afghan-led local nongovernmental organizations, including Afghan women-led organizations, with demonstrated experience in delivering services to Afghan women and children to support their programmatic activities and organizational development. Requires an appropriate percentage of such assistance for FY 2006 and each subsequent fiscal year to be made available to such organizations. Prescribes general requirements with respect to Afghanistan for: (1) its governance; (2) post-conflict stability; (3) training for military and police forces; and (4) relief, resettlement, and repatriation of refugees and internally displaced persons.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Washington Airports Amendments Act of 1995''. SEC. 2. AMENDMENT OF METROPOLITAN WASHINGTON AIRPORTS ACT OF 1986. 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 Metropolitan Washington Airports Act of 1986 (100 Stat. 3341-376 et seq.). SEC. 3. USE OF LEASED PROPERTY. Section 6005(c)(2) is amended by inserting before the period at the end of the second sentence the following: ``which are not inconsistent with the needs of aviation''. SEC. 4. BOARD OF DIRECTORS. (a) Appointment of Additional Members.--Section 6007(e)(1) is amended-- (1) in the matter preceding subparagraph (A) by striking ``11'' and inserting ``15''; (2) in subparagraph (D) by striking ``one member'' and inserting ``five members''. (b) Restrictions.--Section 6007(e)(2) is amended by striking ``except that'' and all that follows through the period and inserting ``except that the members appointed by the President shall be registered voters of States other than Maryland, Virginia, or the District of Columbia.''. (c) Terms.--Section 6007(e)(3) is amended-- (1) in subparagraph (B) by striking ``and'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) by the President after the date of the enactment of this subparagraph, 2 shall be appointed for 4 years. A member may serve after the expiration of that member's term until a successor has taken office.''. (d) Vacancies.--Section 6007(e) is further amended by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively, and by inserting after paragraph (3) the following: ``(4) Vacancies.--A vacancy in the board of directors shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term.''. (e) Political Parties of Presidential Appointees.--Section 6007(e) is further amended by inserting after paragraph (4), as inserted by subsection (d) of this section, the following: ``(5) Political parties of presidential appointees.--Not more than 3 of the members of the board appointed by the President may be of the same political party.''. (f) Duties of Presidential Appointees.--Section 6007(e) is further amended by inserting after paragraph (5), as inserted by subsection (e) of this section, the following: ``(6) Duties of presidential appointees.--In carrying out their duties on the board, members of the board appointed by the President shall ensure that adequate consideration is given to the national interest.''. (g) Required Number of Votes.--Section 6007(e)(8), as redesignated by subsection (d) of this section, is amended by striking ``Seven'' and inserting ``Nine''. SEC. 5. FEDERAL ADVISORY COMMISSION. (a) In General.--Section 6007(f) is amended by striking the subsection designation, heading and paragraph (1) and inserting the following: ``(f) Federal Advisory Commission.-- ``(1) Composition.--There is established a Federal Advisory Commission of the Airports Authority which shall represent the interests of users of the Metropolitan Washington Airports and shall be composed of 9 members appointed by the Secretary of Transportation.''. (b) References to Board of Review.--The Act is amended-- (1) in section 6007(f) by striking ``Board of Review'' each place it appears and inserting ``Federal Advisory Commission''; (2) in section 6007(f)(3)-- (A) in the third sentence by striking ``Board'' each place it appears and inserting ``Commission''; and (B) in the fourth sentence by striking ``Board'' the second place it appears and inserting ``Commission''; (3) in the second sentence of section 6007(f)(6), as redesignated by section 8(a) of this Act, by striking ``Board'' and inserting ``Commission''; (4) in section 6007(f)(7), as redesignated by section 8(a) of this Act, by striking ``Board'' the second place it appears and inserting ``Commission''; and (5) in section 6009(b) by striking ``Board of Review'' and inserting ``Federal Advisory Commission''. (c) Other Conforming Amendments.--Section 6007(f)(2) is amended-- (1) in subparagraph (A)-- (A) by striking ``paragraphs (1)(A) and (1)(B)'' and inserting ``paragraph (1)''; and (B) by striking the second sentence; and (2) in subparagraph (D) by striking ``and lists have been provided for appointments to fill such vacancies''. SEC. 6. REVIEW PROCEDURE. (a) Submission of Actions.--Section 6007(f)(4)(A) is amended to read as follows: ``(A) Submission required.-- ``(i) In general.--An action of the Airports Authority described in subparagraph (B) shall be submitted to the Federal Advisory Commission, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate at least 60 days before the action is to become effective. ``(ii) Urgent and compelling circumstances.--An action submitted to the Federal Advisory Commission and Congress in accordance with clause (i) may become effective before the expiration of the 60-day period referred to in clause (i) if the board of directors certifies, in writing, to the Secretary and Congress that urgent and compelling circumstances exist that significantly affect the interests of the traveling public and will not permit waiting for the expiration of such 60-day period.''. (b) Recommendations.--Section 6007(f)(4)(C) is amended to read as follows: ``(C) Recommendations.--The Federal Advisory Commission may make to the board of directors and Congress recommendations regarding an action within 30 calendar days of its submission under this paragraph. Such recommendations may include a recommendation that the action not take effect.''. (c) Effect of Recommendations.-- (1) Repeal.--Section 6007(f)(4) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (2) Conforming amendment.--Section 6007(f)(5)(B) is amended by striking ``paragraph (4)(D)(ii)'' and inserting ``paragraph (4)''. (d) Expiration of Authority.--Section 6007(f)(4) is amended by adding at the end the following: ``(E) Expiration of authority.-- ``(i) In general.--Except as provided in clause (ii), the authority of the Airports Authority to take any of the actions described in subparagraph (B) shall expire on April 30, 1997. ``(ii) Special rule.--If on any day after April 29, 1997, all of the members to be appointed to the board of directors by the President under section 6007(e)(1)(D) are serving on the board, the authority of the board referred to in clause (i) shall be effective beginning on such day and shall expire on September 30, 1998.''. (e) Protection of Certain Actions.--Actions taken by the Metropolitan Washington Airports Authority and submitted to the Board of Review pursuant to section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986 before the date of the enactment of this Act shall remain in effect and shall not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. SEC. 7. CONGRESSIONAL DISAPPROVAL PROCEDURES. (a) Committee Referral.--Section 6007(f)(5)(C) is amended-- (1) by striking ``Public Works and Transportation'' and inserting ``Transportation and Infrastructure''; and (2) by striking ``Commerce, Science and Technology'' and inserting ``Commerce, Science, and Transportation''. (b) House Procedure.--Section 6007(f)(5) is amended-- (1) by striking subparagraphs (D), (E), and (F); (2) by redesignating subparagraphs (G) and (H) as subparagraphs (E) and (F), respectively; and (3) by inserting after subparagraph (C) the following: ``(D) House procedure.--When the committee of the House has reported a resolution, it is at any time in order to move that the House resolve into the Committee of the Whole House on the State of the Union for consideration of the resolution. All points of order against the resolution and against consideration of the resolution are waived. The motion is highly privileged. The previous question shall be considered as ordered on that motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between a proponent and an opponent. During consideration of the resolution in the Committee of the Whole, the first reading of the resolution shall be dispensed with. General debate shall proceed without intervening motion, shall be confined to the resolution, and shall not exceed 2 hours equally divided and controlled by a proponent and an opponent of the resolution. After general debate, the Committee shall rise and report the bill to the House. The previous question shall be considered as ordered on the resolution to final passage without intervening motion. A motion to reconsider the vote on passage of the resolution shall not be in order.''. SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVISORY COMMISSION. (a) Request for Consideration of Other Matters; Participation in Meetings.--Section 6007(f) is amended by striking paragraphs (6) and (7) and by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (6), (7), (8), and (9), respectively. (b) Removal of Federal Advisory Commission Members.--Section 6007(f)(9), as redesignated by subsection (a) of this section, is amended by striking ``by a two-thirds vote of the board of directors'' and inserting ``by the Secretary of Transportation''. SEC. 9. EFFECT OF JUDICIAL ORDERS. (a) In General.--Section 6007 is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (b) Conforming Amendment.--Section 6011 is amended by striking ``Except as provided in section 6007(h), if'' and inserting ``If''. SEC. 10. FEDERAL ADVISORY COMMITTEE ACT. Section 6007 is further amended by inserting after subsection (h), as redesignated by section 9(a) of this Act, the following: ``(i) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Federal Advisory Commission.''. SEC. 11. USE OF DULLES ACCESS HIGHWAY. The Act is further amended by adding at the end the following: ``SEC. 6013. USE OF DULLES ACCESS HIGHWAY. ``(a) Restrictions.--The Airports Authority shall continue in effect and enforce paragraphs (1) and (2) of section 4.2 of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. ``(b) Enforcement.--The district courts of the United States shall have jurisdiction to compel the Airports Authority and its officers and employees to comply with the requirements of this section. An action may be brought on behalf of the United States by the Attorney General, or by any aggrieved party.''. SEC. 12. AMENDMENT OF LEASE. The Secretary of Transportation shall amend the lease entered into with the Metropolitan Washington Airports Authority under section 6005(a) of the Metropolitan Washington Airports Authority Act of 1986 to secure the Airports Authority's consent to the amendments made to such Act by this Act. SEC. 13. AVAILABILITY OF SLOTS. (a) In General.--Section 41714 of title 49, United States Code, is amended-- (1) in subsections (a)(1), (b)(1), and (c)(1) by striking ``(other than Washington National Airport)''; and (2) by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following: ``(h) Limitation on Authority To Grant Exemptions.--The Secretary shall not issue an exemption under this section to the requirements of subparts K and S of part 93 of title 14 of the Code of Federal Regulations (pertaining to slots at high density airports) if the grant of such exemption would adversely affect safety.''. (b) Conforming Amendment.--Section 6009(e)(1) is amended by striking ``The Administrator'' and inserting ``Except as provided by section 41714 of title 49, United States Code, the Administrator''.
Metropolitan Washington Airports Amendments Act of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise the term "airport purposes" with respect to real property of the Metropolitan Washington Airports to limit the inclusion of nonprofit, public use facilities to those which are not inconsistent with the needs of aviation. (Sec. 4) Increases the number of persons on the board of directors of the Metropolitan Washington Airports Authority: (1) from 11 to 15 members; and (2) whom the President must appoint with the advice and consent of the Senate from one member to five members. Requires board members appointed by the President to be registered voters of States other than Maryland, Virginia, or the District of Columbia. Requires two of the members appointed to the board by the President to serve for a term of four years. Authorizes a member to serve after the expiration of that member's term until a successor has taken office. Requires vacancies on the board to be filled in the manner in which the original appointment was made. Requires any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed to be appointed only for the remainder of such term. Declares that no more than three members of the board appointed by the President may be of the same political party. Requires presidential appointees on the board to ensure that adequate consideration is given to the national interest in carrying out their duties. Requires nine votes (currently, seven) to approve bond issues and the annual budget. (Sec. 5) Establishes the Federal Advisory Commission of the Airports Authority (thereby effectively replacing the Board of Review of the Airports Authority). (Sec. 6) Requires Airports Authority actions to be submitted to the Federal Advisory Commission (currently, the Board of Review) for review. Requires certain Airports Authority decisions to remain in effect and not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. (Sec. 7) Revises requirements for congressional review of Airports Authority actions. (Sec. 8) Provides for the removal of Federal Advisory Commission (previously, Board of Review) members by the Secretary of Transportation (currently, by a two-thirds vote of the board of directors). (Sec. 11) Directs the Airports Authority to continue to enforce certain restrictions contained in the Metropolitan Washington Airports Regulations with respect to the use of the Dulles access highway. (Sec. 13) Prohibits the Secretary from issuing an exemption under specified sections of title 14 of the Code of Federal Regulations regarding the allocation of slots at high density airports if such exemption would adversely affect safety.
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-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-S-m-a-l-l -B-u-s-i-n-e-s-s -D-e-f-e-n-s-e -C-o-n-v-e-r-s-i-o-n -G-u-a-r-a-n-t-e-e-d -L-o-a-n -A-c-t -o-f -1-9-9-4-'-'-. -S-E-C-. -2-. -A-U-T-H-O-R-I-Z-A-T-I-O-N-S-. -S-e-c-t-i-o-n -2-0 -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-1 -n-o-t-e-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-s-e-c-t-i-o-n -(-l-)-, -a-s -a-d-d-e-d -b-y -s-e-c-t-i-o-n -4-0-5-(-3-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -C-r-e-d-i-t -a-n-d -B-u-s-i-n-e-s-s -O-p-p-o-r-t-u-n-i-t-y -E-n-h-a-n-c-e-m-e-n-t -A-c-t -o-f -1-9-9-2--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-l-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-3-) -T-h-e-r-e-'-' -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-k-)-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h-s -(-1-) -a-n-d -(-2-)-'-'-; -(-2-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -s-u-b-s-e-c-t-i-o-n -(-k-)-, -a-s -a-d-d-e-d -b-y -s-e-c-t-i-o-n -4-0-5-(-3-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -C-r-e-d-i-t -a-n-d -B-u-s-i-n-e-s-s -O-p-p-o-r-t-u-n-i-t-y -A-c-t -o-f -1-9-9-2-, -a-s -s-u-b-s-e-c-t-i-o-n -(-l-)-; -(-3-) -i-n -s-u-b-s-e-c-t-i-o-n -(-l-)-, -a-s -s-o -r-e-d-e-s-i-g-n-a-t-e-d-, -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -p-a-r-a-g-r-a-p-h -(-1-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-2-) -T-h-e -A-d-m-i-n-i-s-t-r-a-t-i-o-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-a-k-e -n-o-t -m-o-r-e -t-h-a-n -$-4-,-0-0-0-,-0-0-0-,-0-0-0 -i-n -l-o-a-n-s -o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-e-c-t-i-o-n -7-(-a-)-(-2-1-)-, -s-u-c-h -a-m-o-u-n-t -t-o -r-e-m-a-i-n -a-v-a-i-l-a-b-l-e -u-n-t-i-l -e-x-p-e-n-d-e-d-.-'-'-; -(-4-) -i-n -s-u-b-s-e-c-t-i-o-n -(-n-)--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-n-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-3-) -T-h-e-r-e-'-' -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-m-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h-s -(-1-) -a-n-d -(-2-)-'-'-; -(-5-) -i-n -s-u-b-s-e-c-t-i-o-n -(-m-)-, -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -p-a-r-a-g-r-a-p-h -(-1-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-2-) -T-h-e -A-d-m-i-n-i-s-t-r-a-t-i-o-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-a-k-e -n-o-t -m-o-r-e -t-h-a-n -$-4-,-0-0-0-,-0-0-0-,-0-0-0 -i-n -l-o-a-n-s -o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-e-c-t-i-o-n -7-(-a-)-(-2-1-)-, -s-u-c-h -a-m-o-u-n-t -t-o -r-e-m-a-i-n -a-v-a-i-l-a-b-l-e -u-n-t-i-l -e-x-p-e-n-d-e-d-.-'-'-; -(-6-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -s-u-b-s-e-c-t-i-o-n -(-o-) -a-s -s-u-b-s-e-c-t-i-o-n -(-n-)-; -a-n-d -(-7-) -i-n -s-u-b-s-e-c-t-i-o-n -(-p-)--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-p-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-2-) -T-h-e-r-e-'-'-, -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-o-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h -(-1-)-'-'-. -S-E-C-. -3-. -T-E-C-H-N-I-C-A-L -C-L-A-R-I-F-I-C-A-T-I-O-N-. -S-e-c-t-i-o-n -7-(-a-)-(-2-1-)-(-A-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-6-(-a-)-(-2-1-)-(-A-)-) -i-s -a-m-e-n-d-e-d -b-y -s-t-r-i-k-i-n-g -`-`-u-n-d-e-r -t-h-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s -u-n-d-e-r -t-h-e-'-'-. -S-E-C-. -4-. -R-E-A-C-H-I-N-G -A-D-D-I-T-I-O-N-A-L -S-M-A-L-L -B-U-S-I-N-E-S-S -C-O-N-C-E-R-N-S-. -S-e-c-t-i-o-n -7-(-a-)-(-2-1-)-(-A-)-(-i-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-6-(-a-)-(-2-1-)-(-A-)-(-i-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-c-l-a-u-s-e -(-I-)-, -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e -e-n-d-; -a-n-d -(-2-) -b-y -a-d-d-i-n-g -a-f-t-e-r -s-u-b-c-l-a-u-s-e -(-I-I-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-u-b-c-l-a-u-s-e-: -`-`-(-I-I-I-) -a -s-u-b-s-t-a-n-t-i-a-l -r-e-d-u-c-t-i-o-n -i-n -t-h-e -r-e-v-e-n-u-e-s -o-f -t-h-e -s-m-a-l-l -b-u-s-i-n-e-s-s -c-o-n-c-e-r-n -d-u-e -t-o -a-n -o-v-e-r-a-l-l -r-e-d-u-c-t-i-o-n -i-n -e-c-o-n-o-m-i-c -a-c-t-i-v-i-t-y -w-i-t-h-i-n -t-h-e -c-o-m-m-u-n-i-t-y -f-r-o-m -w-h-i-c-h -s-u-c-h -s-m-a-l-l -b-u-s-i-n-e-s-s -c-o-n-c-e-r-n -d-e-r-i-v-e-s -r-e-v-e-n-u-e-s-, -i-f -s-u-c-h -r-e-d-u-c-t-i-o-n -i-n -e-c-o-n-o-m-i-c -a-c-t-i-v-i-t-y -i-s -a -d-i-r-e-c-t -r-e-s-u-l-t -o-f -t-h-e -f-a-c-t-o-r-s -d-e-s-c-r-i-b-e-d -i-n -s-u-b-c-l-a-u-s-e -(-I-) -o-r -(-I-I-)-; -o-r-'-'-. SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Defense Conversion Assistance Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM Sec. 101. Defense conversion loan guarantee authorizations. Sec. 102. Technical clarification. Sec. 103. Reaching additional small business concerns. Sec. 104. Separate appropriations requirement. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES Sec. 201. Small business development center defense conversion assistance program. Sec. 202. Job creation and community benefit. Sec. 203. Development company loan program reauthorization. Sec. 204. Disaster loan temporary personnel. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM SEC. 101. DEFENSE CONVERSION LOAN GUARANTEE AUTHORIZATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (l), as added by section 405(3) of the Small Business Credit and Business Opportunity Enhancement Act of 1992-- (A) by striking ``(l) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (k)'', and inserting ``paragraphs (1) and (2)''; (2) by redesignating subsection (k), as added by section 405(3) of the Small Business Credit and Business Opportunity Act of 1992, as subsection (l); (3) in subsection (l), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (4) in subsection (n)-- (A) by striking ``(n) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (m)'' and inserting ``paragraphs (1) and (2)''; (5) in subsection (m), by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (6) by redesignating subsection (o) as subsection (n); (7) in subsection (n), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; and (8) in subsection (p)-- (A) by striking ``(p) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (o)'' and inserting ``paragraphs (1) and (2)''. SEC. 102. TECHNICAL CLARIFICATION. Section 7(a)(21)(A) of the Small Business Act (15 U.S.C. 636(a)(21)(A)) is amended by striking ``under the'' and inserting ``on a guaranteed basis under the''. SEC. 103. REACHING ADDITIONAL SMALL BUSINESS CONCERNS. Section 7(a)(21)(A)(i) of the Small Business Act (15 U.S.C. 636(a)(21)(A)(i)) is amended-- (1) in subclause (I), by striking ``or'' at the end; and (2) by adding at the end the following new subclause: ``(III) a substantial reduction in the revenues of the small business concern due to an overall reduction in economic activity within the community from which such small business concern derives revenues, if such reduction in economic activity is a direct result of the factors described in subclause (I) or (II); or''. SEC. 104. SEPARATE APPROPRIATIONS REQUIREMENT. Section 7(a)(21)(C) of the Small Business Act (15 U.S.C. 636(a)(21)(C)) is amended by adding at the end the following: ``Loans authorized under this paragraph shall be funded through appropriations that are separate and distinct from the appropriations account that funds general guaranteed business loans authorized under this section.''. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES SEC. 201. SMALL BUSINESS DEVELOPMENT CENTER DEFENSE CONVERSION ASSISTANCE PROGRAM. (a) Authorization of Appropriations.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following new paragraph: ``(7) Authorization of appropriations for defense conversion assistance program.-- ``(A) In general.-- ``(i) Authorization.--There are authorized to be appropriated, either directly or through transfer from another Federal department or agency, $15,000,000 for each of fiscal years 1995, 1996, and 1997 to carry out subsection (c)(3)(G). ``(ii) Separate funding.--Activities carried out under subsection (c)(3)(G) shall be funded through appropriations that are separate and distinct from the appropriations account that funds Small Business Development Centers authorized under this section. ``(B) Matching requirement.--Notwithstanding paragraph (5), the Administration shall require, as a condition of any grant (or amendment or modification thereof) made under subsection (c)(3)(G), that an additional amount equal to 50 percent of such grant be provided from sources other than the Federal Government. Such amount may be provided in cash or by indirect or in-kind contribution.''. (b) Funds to Small Business Development Centers.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(8) Funds to small business development centers.-- Notwithstanding any other provision of law, amounts made available to a Small Business Development Center to carry out this section, either directly or through transfer from another Federal department or agency, shall not be included in the calculation of the amount of Administration assistance made available to the Small Business Development Center for purposes of paragraph (4) or (5).''. (c) Technical and Conforming Amendments.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended-- (1) in paragraph (4), by striking ``Except as provided in paragraph (4)'' and inserting ``Except as provided in paragraphs (5) and (7)''; and (2) in paragraph (5), by striking ``required in paragraph (3)'' and inserting ``required by paragraph (4)''. SEC. 202. JOB CREATION AND COMMUNITY BENEFIT. Section 7(a)(21) of the Small Business Act (15 U.S.C. 636(a)(21)) is amended by adding at the end the following new subparagraph: ``(E) Job creation and community benefit.--In providing assistance under this paragraph, the Administration shall develop procedures to ensure, to the maximum extent practicable, that such assistance is used for projects that-- ``(i) have the greatest potential for-- ``(I) creating new jobs for individuals whose employment is involuntarily terminated due to reductions in Federal defense expenditures; or ``(II) preventing the loss of jobs by employees of small business concerns described in subparagraph (A)(i); and ``(ii) have substantial potential for stimulating new economic activity in communities most impacted by reductions in Federal defense expenditures.''. SEC. 203. DEVELOPMENT COMPANY LOAN PROGRAM REAUTHORIZATION. Section 20(i)(2)(C) of the Small Business Act (15 U.S.C. 631 note) is amended by striking ``$1,200,000,000'' and inserting ``$1,500,000,000''. SEC. 204. DISASTER LOAN TEMPORARY PERSONNEL. Section 5(b)(8) of the Small Business Act (15 U.S.C. 634(b)(8)) is amended by striking ``six months'' and inserting ``12 months''. Amend the title so as to read: ``A bill to authorize funding for the small business defense conversion programs and the Development Company Loan Program of the Small Business Administration, and for other purposes.''.
TABLE OF CONTENTS: Title I: Small Business Defense Conversion Loan Guarantee Program Title II: Miscellaneous Small Business Administration Authorities Small Business Defense Conversion Assistance Act of 1994 - Title I: Small Business Defense Conversion Loan Guarantee Program - Amends the Small Business Act (the Act) to authorize the Small Business Administration (SBA) to make up to $4 billion in guaranteed loans for the small business defense conversion program (a program aiding small businesses adversely affected by military base closures or defense program terminations). Adds to small businesses eligible for such loans those experiencing substantial revenue reduction because of an overall reduction in economic activity in a community due to such closures or terminations. Requires such defense conversion loans to be funded through appropriations that are separate and distinct from funds appropriated for general business loans under the Act. Title II: Miscellaneous Small Business Administration Authorities - Authorizes appropriations for FY 1995 through 1997 under the Small Business Development Center Program for the defense conversion assistance program. Requires 50 percent of such grant amounts to be provided by non-Federal sources. Prohibits any such amounts from being included in the calculation of the amount of SBA assistance to the Development Center Program. Directs the SBA to develop procedures to ensure that assistance is provided for projects that have the greatest potential for creating new jobs in areas experiencing terminations or reductions due to reductions in defense spending or for preventing job loss by small business employees, and that have substantial potential for stimulating new economic activity in communities most impacted by reductions in defense spending. Increases the amount authorized for the Small Business Development Company loan program. Authorizes the SBA Administrator to pay transportation expenses and per diem for up to 12 months (currently six) for SBA employees rendering temporary services in connection with disaster assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition-to-Success Mentoring Act''. SEC. 2. TRANSITION-TO-SUCCESS MENTORING PROGRAM. (a) Authorization of Appropriations.--Section 1002(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6553) is amended to read as follows: ``There are authorized to be appropriated to carry out the activities described in part D, $50,000,000 for fiscal year 2018 and such sums as may be necessary for each succeeding fiscal year.''. (b) Transition-to-Success Mentoring Program.--Part D of title I of such Act (20 U.S.C. 6421 et seq.) is amended by adding at the end the following: ``Subpart 4--Transition-to-Success Mentoring Program ``SEC. 1441. TRANSITION-TO-SUCCESS MENTORING PROGRAM. ``(a) In General.--From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. ``(b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Uses of Funds.-- ``(1) Required uses of funds.--An eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program, or to expand or provide technical support to an existing mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who-- ``(A) creates a plan for success for the student that-- ``(i) is created with the student, teachers, mentor, and parents of the student; ``(ii) includes, for each academic year, the student's academic, personal, and career exploration goals, and a strategy on how to accomplish such goals; and ``(iii) identifies the student's strengths, weaknesses, and academic progress; ``(B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; ``(C) meets with the student at least once per month to-- ``(i) assist the student in achieving the goals under the plan for success; ``(ii) identify the student's academic areas of weaknesses; ``(iii) provide the student with the tools necessary to improve the student's potential for academic excellence, and ensure the student's successful transition from middle school to high school by identifying improved attitude, behavior, coursework, and social involvement; and ``(iv) in the case of a student with behavioral issues, assist the student in behavior management techniques; ``(D) at least monthly, meets with the student and the parents, teachers, or counselors of the student to-- ``(i) evaluate the student's progress in achieving the goals under the plan for the current academic year; and ``(ii) revise or establish new goals for the next academic year; and ``(E) serves as the student's advocate between the teachers and parents of the student to ensure that the teachers and parents understand the student's plan. ``(2) Authorized uses of funds.--An eligible entity that receives a grant under this section may use such funds to-- ``(A) develop and carry out a training program for success coaches, including providing support to match success coaches with eligible students; ``(B) cover the cost of any materials used by success coaches under the mentoring program; and ``(C) hire staff to perform or support the program objectives. ``(d) Grant Duration.--A grant under this section shall be awarded for a period of not more than 5 years. ``(e) Reporting Requirements.-- ``(1) Eligible entities.--An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes-- ``(A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; ``(B) data on the academic achievement of such students; ``(C) the number of contact hours between such students and their success coaches; and ``(D) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. ``(2) Secretary.-- ``(A) Interim report.--At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(B) Final report.--At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(f) Definitions.--In this section: ``(1) At-risk student.--The term `at-risk student' means a student who has been identified as a student who has below a 2.0 grade point average or the equivalent or who has been determined by parents, teachers, or other school officials to-- ``(A) be at-risk of academic failure; ``(B) have expressed interest in dropping out of school; ``(C) show signs of a drug or alcohol problem; ``(D) be pregnant or a parent; ``(E) have come into contact with the juvenile justice system in the past; ``(F) have limited English proficiency; ``(G) be a gang member; or ``(H) have a high absenteeism rate at school. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency that-- ``(i) receives, or is eligible to receive, funds under part A of this title; or ``(ii) is a high-need local educational agency; or ``(B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. ``(3) Eligible student.--The term `eligible student' means a student who-- ``(A) is enrolled in a middle school served by an eligible entity; and ``(B) is an at-risk student. ``(4) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that serves at least one high-need school. ``(5) High-need school.--The term `high-need school' has the meaning given the term in section 2211(b)(2). ``(6) Middle school.--The term `middle school' means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. ``(7) School-based mentoring.--The term `school-based mentoring' refers to mentoring activities that-- ``(A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and ``(B) assist at-risk students in improving academic achievement, reducing disciplinary referrals, and increasing positive regard for school. ``(8) Success coach.--The term `success coach' means an individual who-- ``(A) is-- ``(i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or ``(ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and ``(B) prior to becoming a success coach-- ``(i) received training and support in mentoring from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and ``(ii) underwent a screening by an eligible entity that included-- ``(I) appropriate job reference checks; ``(II) child and domestic abuse record checks; and ``(III) criminal background checks.''. SEC. 3. TABLE OF CONTENTS. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 1432 the following: ``subpart 4--transition-to-success mentoring program ``Sec. 1441. Transition to success mentoring program.''.
Transition-to-Success Mentoring Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize educational programs that assist at-risk middle school students. The bill establishes a transition-to-success mentoring program requiring the Department of Education to award grants to local educational agencies or certain community-based nonprofit organizations to provide school-based mentoring programs and assist at-risk students in transitioning from middle to high school. Grantees must assign each at-risk student in his or her middle school a success coach who creates a plan of success for the student and serves as the student's advocate between the student's parents and teachers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving American Access to Information Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 1994 Joint Security Commission, convened at the request of the Secretary of Defense and the Director of the Central Intelligence Agency stated that ``[t]he classification system, largely unchanged since the Eisenhower administration has grown out of control. More information is being classified and for extended periods of time. Security rules proliferate, becoming more complex yet remaining unrelated to the threat. . . . Indeed, the classification system is not trusted on the inside any more than it is on the outside. Insiders do not trust it to protect information that needs protection. Outsiders do not trust it to release information that does not need protection''. (2) The Public Interest Declassification Board, notes in its 2012 report that ``[a]gencies are currently creating petabytes of classified information annually, which quickly outpaces the amount of information the Government has declassified in total in the previous seventeen years since Executive Order 12958 established the policy of automatic declassification for 25 year old records. Without dramatic improvement in the declassification process, the rate at which classified records are being created will drive an exponential growth in the archival backlog of classified records awaiting declassification, and public access to the nation's history will deteriorate further''. SEC. 3. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER. (a) In General.--The President shall take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order No. 13526, or any successor Executive order, in order to facilitate, enhance, and advance a government-wide strategy for the declassification of information. (b) Required Actions.--The actions taken under subsection (a) shall include the following: (1) A requirement that Federal agencies complete the review of Presidential and Federal records proposed for declassification, in accordance with priorities established by the National Declassification Center, within eighteen months of the start of the declassification process, except that agencies may complete such review within two years of the start of the declassification process upon the written approval of the Director of the National Declassification Center. (2) A requirement that Federal agencies with authority to classify information share their declassification guidance with other such Federal agencies and with the National Declassification Center. SEC. 4. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE NATIONAL DECLASSIFICATION CENTER. (a) In General.--The Director of the National Declassification Center shall provide for consultation between the advisory panel to the National Declassification Center and the public. (b) Frequency.--Consultations under subsection (a) shall occur not less frequently than the frequency of the regular meetings of the advisory panel to the National Declassification Center and, to the extent practicable, shall occur concurrently with the meetings of the advisory panel. SEC. 5. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE RECORDS. Federal agencies shall make every effort to identify and designate historically valuable records during the initial classification process in order to ensure preservation and timely access to such documents and records following eventual declassification. SEC. 6. REPORTS ON PILOT PROGRAMS ON IMPROVEMENTS TO THE DECLASSIFICATION PROCESSES. (a) Reports.--The Public Interest Declassification Board shall, in consultation with the heads of Federal agencies that classify and review classified information as well as the Director of the National Declassification Center, submit to Congress reports setting forth options for various pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of such agencies, including updates of software and procedures relating to declassification of information. (b) Mechanisms.--In selecting mechanisms to be assessed pursuant to the pilot programs for purposes of subsection (a), an emphasis shall be afforded to the selection of current technologies and practices that could improve current declassification capabilities, including commercial, off the shelf-technologies and current best practices of Federal agencies and the private sector. SEC. 7. REVIEW OF DECLASSIFICATION PROCEDURES REGARDING INFORMATION CONTROLLED BY CONGRESS. The Public Interest Declassification Board shall review the rules of the Senate and of the House of Representative regarding the declassification of classified Committee records, including hearings, meetings, and reports, and make recommendations to improve the consistency and timeliness of declassification efforts. SEC. 8. REPORTS. Not later than 1 year after the date of the enactment of this Act, the head of each Federal agency that classifies information shall submit to Congress a report that sets forth the following: (1) An assessment of feasibility and advisability of replacing the current classification system of such agency with a two-tiered system, including an analysis and assessment of restructuring necessary to align the level of protection with the level of harm anticipated in the event of unauthorized release of sensitive information. (2) If such agency possesses records with classified Formerly Restricted Data (FRD), an assessment of the feasibility and advisability of declassifying such records.
Preserving American Access to Information Act This bill directs: (1) the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526, or any successor executive order, to promote a government-wide strategy for the declassification of information; (2) the National Declassification Center to provide for consultation between the Center's advisory panel and the public on a regular basis; (3) federal agencies to make efforts to identify and designate historically valuable records during the initial classification process to ensure preservation and timely access to such records following eventual declassification; (4) the Public Interest Declassification Board to submit reports to Congress on pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of such agencies; and (5) the Public Interest Declassification Board to review the rules of the Senate and the House of Representatives regarding the declassification of classified Committee records and make recommendations to improve declassification efforts. The bill requires federal agency heads that classify information to report to Congress on an assessment of the feasibility and advisability of: (1) replacing the agency's current classification system with a two-tiered system, and (2) declassifying records with classified Formerly Restricted Data.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Freedom Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The rise to power of the Taliban in Afghanistan has caused a drastic decline in the human, political, and civil rights of the Afghan people, particularly among women, girls, and ethnic minorities. (2) In the year 2001, millions of Afghans are on the verge of starvation, the largest such group in the world. (3) The United States is the single largest donor of humanitarian assistance to Afghanistan, totaling more than $185,000,000 in fiscal year 2001. (4) There are approximately 2,000,000 Afghan refugees in Pakistan, 1,500,000 Afghan refugees in Iran, and 1,000,000 internally displaced persons in Afghanistan, most fleeing oppression, violence, and economic hardship. (5) During the period of Taliban rule, Afghanistan has become the world's largest source of illegal opium, and proceeds from the sale of raw opium to drug traffickers are used by the Taliban to finance its war on the Afghan people. (6) Under Taliban rule, Afghanistan has become a training ground, operational base, and safe haven for terrorists and international terrorist organizations, many of whom gain experience fighting alongside Taliban forces inside Afghanistan prior to conducting terrorist operations outside Afghanistan. (7) The Taliban have, since 1996, harbored and protected terrorist leader Osama bin Laden and members of his terrorist al Qaeda network. (8) Osama bin Laden and his al Qaeda associates were indicted for the August 7, 1998, bombings of the United States embassies in Nairobi, Kenya, and Dar-es-Salaam, Tanzania, as a result of which the United Nations Security Council adopted Resolution 1267 (1999), demanding that the Taliban surrender Osama bin Laden for trial and determining that the Taliban's continued provision of sanctuary to international terrorist organizations constitutes a threat to international peace and security. (9) In order to compel the Taliban to surrender Osama bin Laden and terminate support for international terrorist organizations, the United Nations Security Council has imposed progressively more comprehensive sanctions on the Taliban under Resolutions 1267 (1999), 1333 (2000), and 1363 (2001), which sanctions are binding on all members of the United Nations under Chapter VII of the Charter of the United Nations. (10) As a result of the Taliban's failure to comply with the demands of the United States and the United Nations Security Council, Osama bin Laden and his al Qaeda network were able to orchestrate from Afghanistan the September 11, 2001, terrorist attack on the United States in which approximately 6,000 Americans and foreign nationals were murdered. (11) The Taliban have, since the September 11th attack on the United States, rejected all entreaties by the United States and other governments to surrender Osama bin Laden, close down international terrorist operations in Afghanistan, and comply with the other demands that have been made by the United Nations Security Council. (12) Afghanistan is an ethnically diverse nation that can prosper only under a representative government that affords all citizens of that nation their basic human rights, restores peace and security, eradicates the drug trade, and brings all terrorists and terrorist organizations in Afghanistan to justice. SEC. 3. UNITED STATES POLICY TOWARD AFGHANISTAN. It shall be the policy of the United States to promote the removal from power of the Taliban regime in Afghanistan so as to diminish the risk of future terrorist attack on the United States and restore basic human freedoms to the people of Afghanistan. SEC. 4. MILITARY ASSISTANCE TO AFGHAN RESISTANCE ORGANIZATIONS. (a) Authority To Provide Military Assistance.-- (1) Types of assistance.--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 for eligible Afghan resistance organizations. (2) Amount of assistance.--The aggregate value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of assistance provided under paragraph (1) may not exceed $300,000,000. (b) Eligible Afghan Resistance Organizations.--An Afghan resistance organization shall be eligible to receive assistance under subsection (a) if the President determines and reports to the appropriate congressional committees that such organization, or coalition of organizations, is committed to-- (1) the removal from power of the Taliban regime in Afghanistan; (2) preservation of the territorial integrity and political independence of Afghanistan; (3) respect for internationally recognized human rights; and (4) the suppression of terrorism in all of its forms and the surrender to justice of all international terrorists in Afghanistan, including perpetrators of the September 11, 2001, attack on the United States. (c) Reimbursement for Assistance.-- (1) In general.--Defense articles, defense services, and military education and training provided under subsection (a) shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to the authorization of appropriations under paragraph (2). (2) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to the President for fiscal year 2002 such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under subsection (a). (B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this section. (e) Authority To Provide Assistance.--Activities under this section may be undertaken notwithstanding any other provision of law. SEC. 5. DISASTER AND HUMANITARIAN ASSISTANCE FOR THE PEOPLE OF AFGHANISTAN. (a) Disaster and Humanitarian Assistance.--Chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) is amended by adding at the end the following: ``SEC. 495L. AFGHAN RELIEF, REHABILITATION, AND RECONSTRUCTION. ``(a) Declaration of Policy.--Congress recognizes that prompt United States assistance is necessary to alleviate the human suffering of the people of Afghanistan from four years of extreme drought and 20 years of civil war and to restore the confidence of the people in that country. ``(b) Assistance.--The President is authorized to furnish assistance on such terms and conditions as the President may determine for the relief, rehabilitation and reconstruction needs of the people of Afghanistan, including displaced persons and other needy people. Assistance provided under this section shall be for humanitarian purposes with emphasis on providing food, medicine and medical care, clothing, temporary shelter, and transportation for emergency supplies and personnel. ``(c) Policies and Authorities To Be Applied.--(1) Assistance under this section shall be provided in accordance with the policies and general authorities of section 491. ``(2) Assistance under this section or any other provision of law to alleviate the human suffering caused by famine and disease in Afghanistan shall be provided, to the maximum extent practicable, through international agencies, private voluntary organizations, and any eligible Afghan resistance organization. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section $100,000,000 for each of the fiscal years 2002 and 2003. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are in addition to amounts otherwise available for such purposes and are authorized to remain available until expended.''. (b) Other Assistance for Afghanistan.-- (1) Assistance.--The President is authorized to provide assistance from funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) for the provision of food, medicine, or other assistance to the Afghan people, notwithstanding any other provision of law. (2) Amount of assistance.--In each of fiscal years 2002 and 2003, not less than $50,000,000 of the aggregate amount of funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 is authorized to be made available for assistance to the Afghan people pursuant to paragraph (1). SEC. 6. ESTABLISHMENT OF RADIO FREE AFGHANISTAN. (a) Establishment.--The Broadcasting Board of Governors is authorized to make grants for surrogate radio broadcasting by RFE/RL, Incorporated (formerly known as Radio Free Europe/Radio Liberty) to the people of Afghanistan in languages spoken in Afghanistan, such broadcasts to be designated ``Radio Free Afghanistan''. (b) Submission of Plan to Broadcasting Board of Governors.--Not later than 15 days after the date of the enactment of this Act, RFE/RL, Incorporated, shall submit to the Broadcasting Board of Governors a detailed plan for the establishment of the surrogate radio broadcasting described in subsection (a). (c) Authorization of Appropriations.-- (1) Fiscal years 2002 and 2003.--In addition to such sums as are authorized to be appropriated for each of the fiscal years 2002 and 2003 for ``International Broadcasting Operations'', $8,000,000 is authorized to be appropriated for the fiscal year 2002 and $6,000,000 is authorized to be appropriated for the fiscal year 2003 for ``International Broadcasting Operations'' to be available only for the surrogate radio broadcasting described in subsection (a). (2) Transmitter.--Of the amounts authorized to be appropriated by paragraph (1) for the fiscal year 2002, $1,500,000 shall be available only for a new transmitter for the surrogate radio broadcasting described in subsection (a). SEC. 7. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE TALIBAN BY THE UNITED NATIONS SECURITY COUNCIL. (a) Reports to Congress.--Not later than one month after the date of the enactment of this Act, and every three months thereafter until the President determines and reports to the appropriate congressional committees that the Taliban no longer exercises power in any part of Afghanistan, the President shall submit to the appropriate congressional committees a report that identifies the government of each foreign country with respect to which there is credible information that the government has, on or after the date of the enactment of this Act, violated, or permitted persons subject to its jurisdiction to violate, measures directed against the Taliban pursuant to United Nations Security Council Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or pursuant to any other United Nations Security Council resolution adopted under the authority of Chapter VII of the Charter of the United Nations. (b) Content of Reports.--Each report submitted under subsection (a) shall detail with respect to each government of a foreign country identified in such report the nature of the violation (other than violations detailed in previous reports submitted pursuant to this section), and shall evaluate-- (1) the importance of the violation to the efforts of the Taliban to remain in power in Afghanistan; (2) the importance of the violation to the efforts of terrorist groups to continue operating from Afghanistan; and (3) the risk posed by such violation to the safety of the United States Armed Forces and the armed forces of other countries acting in coalition with the United States. (c) Authority To Impose United States Sanctions.--The President is authorized to impose one or more of the United States sanctions provided in subsection (d) if the President determines and reports to the appropriate congressional committees that-- (1) a government of a foreign country identified in a report submitted under subsection (a) has knowingly violated, or knowingly permitted persons subject to its jurisdiction to violate, measures directed against the Taliban pursuant to United Nations Security Council Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or pursuant to any other United Nations Security Council resolution adopted under the authority of Chapter VII of the Charter of the United Nations; and (2) such violation has put at risk the lives of members of the United States Armed Forces, or other United States citizens. (d) United States Sanctions Authorized To Be Imposed.--The United States sanctions referred to in subsection (c) are the following: (1) No assistance may be provided to that government or nationals under the Foreign Assistance Act of 1961 or the Arms Export Control Act. (2) No license may be issued for any transfer to that government or nationals of any goods, services, or technology controlled under the Arms Export Control Act, the Export Administration Act of 1979, or the Export Administration Regulations. (3) The restrictions of subsections (a) and (b) of section 3 of the Trading With the Enemy Act (50 U.S.C. App. 3(a) and (b)) shall apply to relations between the United States and the government of a foreign country and all nationals of that country with respect to which the President makes a determination described in subsection (c). SEC. 8. SUBMISSION OF DETERMINATIONS AND REPORTS IN CLASSIFIED FORM. When the President considers it appropriate, determinations and reports to the appropriate congressional committees submitted under this Act, or appropriate parts thereof, may be submitted in classified form. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) National.--The term ``national'' means, with respect to a foreign country, a national of the country, including a natural person, corporation, business association, partnership, or other entity operating as a business enterprise under the laws of the country.
Afghanistan Freedom Act of 2001- Declares it the policy of the United States to promote the removal from power of the Taliban regime in Afghanistan in order to diminish the risk of terrorist attack on the United States and to restore basic freedoms to the Afghan people.Authorizes the President to provide military assistance, including defense articles, services, and education and training, for eligible Afghan resistance organizations.Amends the Foreign Assistance Act of 1961 to authorize the President to provide humanitarian assistance to the Afghan people, with emphasis on food, medicine, medical care, clothing, temporary shelter, and transportation for emergency supplies and personnel. Requires that such assistance be provided, to the extent practicable, through international agencies, private voluntary organizations, and eligible Afghan resistance organizations.Authorizes the Broadcasting Board of Governors to make grants for, and requires submission of a plan for establishing, surrogate radio broadcasting by RFE/RL, Incorporated (formerly known as Radio Free Europe/Radio Liberty) to the people of Afghanistan (to be designated as Radio Free Afghanistan).Requires the President to submit quarterly reports to the appropriate congressional committees on violations by foreign countries or nationals of measures directed against the Taliban pursuant to specified United Nations Security Council resolutions. Requires such reports to evaluate the seriousness of any violations and authorizes the President to impose sanctions for violations that put at risk the lives of U.S. armed forces personnel or citizens, including: (1) denying assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) denying licenses for transfers of goods, services, or technology controlled under the Arms Export Control Act, the Export Administration Act of 1979, or the Export Administration Regulations; or (3) applying restrictions under the Trading With the Enemy Act.
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SECTION 1. SHORT TITLE. The Act may be cited as the ``State and Local Funding Flexibility Act''. SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS. (a) In General.--Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended to read as follows: ``Subpart 2--Funding Flexibility for State and Local Educational Agencies ``SEC. 6121. SHORT TITLE. ``This subpart may be cited as the `State and Local Funding Flexibility Act'. ``SEC. 6122. PURPOSE. ``The purpose of this subpart is to allow States and local educational agencies the flexibility to-- ``(1) design flexible programs that use Federal funds to support student achievement for all students, including students most at risk of failing to meet the State's academic achievement standards; and ``(2) extend and enhance the funding flexibility provided to rural local educational agencies under section 6211 to all State educational agencies and local educational agencies by providing such agencies flexibility in using Federal formula funds received to carry out authorized State or local activities for other authorized or required State or local activities. ``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS. ``(a) Alternative Uses of Federal Funds for State Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: ``(A) Section 1003. ``(B) Section 1004. ``(C) Subpart 1 of part B of title I. ``(D) Part C of title I. ``(E) Part D of title I. ``(F) Part A of title II. ``(G) Part B of title II. ``(H) Title III. ``(I) Part B of title IV. ``(J) Part A of title V. ``(K) Subpart 1 of part A of title VI. ``(L) Subpart 2 of part B of title VI. ``(M) Subpart 2 of part A of title VII. ``(2) Notification.--Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency's intention to use the applicable funding for any of the alternative uses under paragraph (1). ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out State activities under one or more of the following provisions: ``(i) Section 1003(g)(2). ``(ii) Section 1004. ``(iii) Subpart I of Part B of title I. ``(iv) Part C of title I. ``(v) Part D of title I. ``(vi) Part A of title II. ``(vii) Part B of title II. ``(viii) Part A of title III. ``(ix) Part B of title IV. ``(x) Part A of title V. ``(xi) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that State educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to local educational agencies or other entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph (1) for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(b) Alternative Uses of Federal Funds for Local Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: ``(A) Section 1003. ``(B) Part A of title I. ``(C) Subpart 1 of part B of title I. ``(D) Part C of title I. ``(E) Part D of title I. ``(F) Part A of title II. ``(G) Part B of title II. ``(H) Part A of title III. ``(I) Part B of title IV. ``(J) Part A of title V. ``(K) Subpart 2 of part B of title VI. ``(L) Part A of title VII. ``(M) Section 613(f) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(f)). ``(2) Notification.--A local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding for any of the alternative uses under paragraph (1) by a date that is established by the State educational agency for the notification. ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out local activities under one or more of the following provisions: ``(i) Part A of title I. ``(ii) Part C of title I. ``(iii) Part D of title I. ``(iv) Part A of title II. ``(v) Part A of title III. ``(vi) Part A of title V. ``(vii) Part A of title VII. ``(viii) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that local educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph (1) for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(c) Rule for Administrative Costs.--A State educational agency or a local educational agency may only use applicable funding (as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3) or (b)(3), respectively. ``(d) Rule of Construction.--Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to-- ``(1) maintenance of effort; ``(2) use of Federal funds to supplement, not supplant, non-Federal funds; ``(3) comparability of services; ``(4) equitable participation of private school students and teachers; ``(5) applicable civil rights requirements; ``(6) the selection of school attendance areas or schools under subsections (a) and (b), and allocations to such areas or schools under subsection (c), of section 1113; ``(7) section 1111; ``(8) section 1116; or ``(9) section 3122.''. (b) Conforming Amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the items relating to subpart 2 of part A of title VI and inserting the following: ``Subpart 2--Funding Flexibility for State and Local Educational Agencies ``Sec. 6121. Short title. ``Sec. 6122. Purpose. ``Sec. 6123. Flexibility to use Federal funds.''.
State and Local Funding Flexibility Act - Amends part A of title IV (Flexibility and Accountability) of the Elementary and Secondary Education Act of 1965 (ESEA) to replace the existing program under subpart 2 with a new Funding Flexibility for State and Local Educational Agencies program. Allows states to use funds that they receive under certain ESEA and Education Jobs Fund programs to carry out state activities authorized or required under the following ESEA programs: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; Language Instruction for Limited English Proficient and Immigrant Students programs, under title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V; Accountability programs, under subpart 1 of part A of title VI; the Rural and Low-Income School program, under subpart 2 of part B of title VI; and Special Programs and Projects to Improve Educational Opportunities for Indian Children, under subpart 2 of part A of title VII. Lists the programs from which states may transfer funds as: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V of the ESEA; and Education Jobs Fund programs. Allows local educational agencies (LEAs) to use funds that they receive under certain ESEA and Education Jobs Fund programs to carry out local activities authorized or required under the following programs: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V; the Rural and Low-Income School program, under subpart 2 of part B of title VI; and Indian Education programs, under part A of title VII of the ESEA; and the Early Intervening Services program, under the Individuals with Disabilities Education Act. Lists the programs from which LEAs may transfer funds as: school improvement programs, under part A of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; Innovative programs, under part A of title V; Indian Education programs, under part A of title VII of the ESEA; and Education Jobs Fund programs. Prohibits states and LEAs from transferring the funds to such programs if the ESEA requires them to: (1) reserve, allocate, or spend the funds for required activities; (2) provide them to eligible entities; or (3) use them for technical assistance or monitoring.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aviation Research and Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) for every dollar increase in shipments of United States aircraft internationally, the United States economy output increases by an estimated $2.30; (2) for every $1,000,000,000 of aircraft shipments internationally, nearly 35,000 jobs are created; (3) many of the advanced aviation technologies developed by the Federal Aviation Administration and the Department of Defense have application in security, safety, capacity, communications, and air traffic control; (4) a decrease in military aviation programs will have a negative impact on civil aviation programs; (5) research programs at the Federal Aviation Administration have potential applications in both civil and military aviation; (6) joint technology development programs among the Department of Defense, the Federal Aviation Administration, and industry would allow for transferring skills and technologies from the defense to the civilian aviation sector and would allow for the transfer back to defense, when necessary; and (7) such joint programs could allow for the Department of Defense contribution to the programs to be phased out over 5 years, which would allow the defense industry to make the transfer to the civilian aviation sector and produce needed aviation technology. SEC. 3. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the Secretary shall jointly establish a program for the purpose of conducting research on aviation technologies that have application to both military and civil aviation vehicles and airports and that enhance United States competitiveness. Such program shall include research on-- (1) next-generation satellite communications, including global positioning satellites; (2) advanced airport and airplane security; (3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; and (4) advanced aviation safety programs. (b) Contracts and Grants.--Contracts and grants entered into under the program established under subsection (a) shall be administered using procedures developed jointly by the Secretary and the Administrator. These procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Department of Defense, the Federal Aviation Administration, and industry. SEC. 4. JOINT AVIATION RESEARCH PLAN. (a) Requirement.--Within 180 days after the date of enactment of this Act, the Administrator and the Secretary, in consultation with the advisory committee, shall prepare and transmit to Congress a national aviation research plan setting forth the research and development that the Administrator and the Secretary consider necessary to advance aviation technologies over the 5-year period beginning in fiscal year 1993. (b) Objectives of Plan.--The objectives of the plan prepared under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aviation technology development; (2) an opportunity for private defense contractors to be involved in transition activities to the civilian sector; and (3) the transfer of Federal Government-developed technologies to the private sector to promote economic strength and competitiveness. (c) Contents of Plan.--The plan prepared under subsection (a) shall include-- (1) for the first year, detailed objectives and estimates of the schedule, cost, and manpower levels for each research project, and a description of the scope and content of each major contract or grant; (2) for the second through fifth years, estimates of the total cost of each major project for such year and a list of all major research projects which may be required to meet the objectives; (3) a 5-year schedule for the decrease of Federal contribution and corresponding increase in private sector contributions for the research and development program; and (4) the portion of the Federal contribution that each Federal agency will contribute. (d) Annual Update.--The plan prepared under subsection (a) shall be updated annually, to reflect changes in global aviation technologies and United States competitiveness. SEC. 5. JOINT ADVISORY COMMITTEE. (a) Establishment.--Within 90 days after the date of enactment of this Act, the Administrator and the Secretary shall establish an Joint Aviation Research Advisory Committee. (b) Purposes.--The purposes of the advisory committee shall be-- (1) to provide advice and recommendations to the Administrator and the Secretary regarding needs, objectives, approaches, content, and accomplishments with respect to the aviation research program established under section 3; and (2) to advise the Administrator and the Secretary on the preparation of the aviation research plan under section 4, including annual updates thereto. (c) Membership.--The advisory committee shall be composed of not more than 20 members, to be appointed jointly by the Administrator and the Secretary, from among persons who are not employees of the Federal Aviation Administration or the Department of Defense and who are especially qualified to serve on the advisory committee by virtue of their education, training, or experience. In appointing members of the advisory committee, the Administrator and the Secretary shall ensure that universities, corporations, associations, industry, and other government agencies are represented. The majority of the members of the advisory committee shall be representatives of industry. (d) Chairperson.--The Administrator and the Secretary shall designate one member of the advisory committee as the chairperson, who shall be qualified in both military and civil aviation research, and in the applications of such research. (e) Subordinate Committees.--The Administrator and the Secretary, or the advisory committee, may establish subordinate committees to the advisory committee to provide advice and recommendations on specific areas of research conducted under this Act. (f) Administrative and Support Services.--The Administrator shall provide support staff and, on the request of the advisory committee, such information, administrative services, and supplies as the Administrator determines are necessary for the advisory committee to carry out its purposes. (g) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the advisory committee. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Aviation Administration; (2) the term ``advisory committee'' means the Joint Aviation Research Advisory Committee established under section 5; and (3) the term ``Secretary'' means the Secretary of Defense.
National Aviation Research and Competitiveness Act of 1993 - Directs the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Defense (Secretary) to jointly establish a research program on aviation technologies that applies to both military and civil aviation vehicles and airports and that enhance U.S. competitiveness. Requires the Administrator and the Secretary to transmit to the Congress a national aviation research plan that advances aviation technologies over a five-year period. Establishes a Joint Aviation Research Advisory Committee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``ARPA-E Reauthorization Act of 2010''. SEC. 2. ARPA-E AMENDMENTS. Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is amended-- (1) in subsection (c)(2)-- (A) in subparagraph (A), by inserting ``and applied'' after ``advances in fundamental''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(D) promoting the commercial application of advanced energy technologies.''; (2) in subsection (e)(3), by amending subparagraph (C) to read as follows: ``(C) research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies; and''; (3) by redesignating subsections (f) through (m) as subsections (g), (h), (i), (j), (l), (m), (n), and (o), respectively; (4) by inserting after subsection (e) the following new subsection: ``(f) Awards.--In carrying out this section, the Director shall initiate and execute awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.''; (5) in subsection (g), as so redesignated by paragraph (3) of this section-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2), as so redesignated by subparagraph (A) of this paragraph, the following new paragraph: ``(1) In general.--The Director shall establish and maintain within ARPA-E a staff, including legal counsel, contracting personnel, and program directors, with sufficient qualifications and expertise to enable ARPA-E to carry out its responsibilities under this section separate and distinct from the operations of the rest of the Department.''; (C) in paragraph (2)(A), as so redesignated by subparagraph (A) of this paragraph, by striking ``each of''; (D) in paragraph (2)(B), as so redesignated by subparagraph (A) of this paragraph-- (i) in clause (iv), by striking ``, with advice under subsection (j) as appropriate,''; (ii) by redesignating clauses (v) and (vi) as clauses (vi) and (viii), respectively; (iii) by inserting after clause (iv) the following new clause: ``(v) identifying innovative cost-sharing arrangements for ARPA-E projects, including through use of the authority under section 988(b)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)(3));''; (iv) in clause (vi), as so redesignated by clause (ii) of this subparagraph, by striking ``; and'' and inserting a semicolon; and (v) by inserting after clause (vi), as so redesignated by clause (ii) of this subparagraph, the following new clause: ``(vii) identifying mechanisms for commercial application of successful energy technology development projects, including through establishment of partnerships between awardees and commercial entities; and''; (E) in paragraph (2)(C), as so redesignated by subparagraph (A) of this paragraph, by inserting ``up to'' after ``shall be''; (F) in paragraph (3), as so redesignated by subparagraph (A) of this paragraph, by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (G) by striking ``program managers'' each place it appears and inserting ``program directors''; (H) by striking ``program manager'' each place it appears and inserting ``program director''; and (I) by adding at the end the following new paragraph: ``(4) Fellowships.--The Director is authorized to select exceptional early career and senior scientific, legal, business, and technical personnel to serve as fellows to work at ARPA-E for terms not to exceed two years. Responsibilities of fellows may include-- ``(A) supporting program managers in program creation, design, implementation, and management; ``(B) exploring technical fields for future ARPA-E program areas; ``(C) assisting the Director in the creation of the strategic vision for ARPA-E referred to in subsection (h)(2); ``(D) preparing energy technology and economic analyses; and ``(E) any other appropriate responsibilities identified by the Director.''; (6) in subsection (h)(2), as so redesignated by paragraph (3) of this section-- (A) by striking ``2008'' and inserting ``2010''; and (B) by striking ``2011'' and inserting ``2013''; (7) by amending subsection (j), as so redesignated by paragraph (3) of this section, to read as follows: ``(j) Federal Demonstration of Technologies.--The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA-E.''; (8) by inserting after such subsection (j) the following new subsection: ``(k) Events.--The Director is authorized to convene, organize, and sponsor events that further the objectives of ARPA-E, including events that assemble awardees, the most promising applicants for ARPA-E funding, and a broad range of ARPA-E stakeholders (which may include members of relevant scientific research and academic communities, government officials, financial institutions, private investors, entrepreneurs, and other private entities), for the purposes of-- ``(1) demonstrating projects of ARPA-E awardees; ``(2) demonstrating projects of finalists for ARPA-E awards and other energy technology projects; ``(3) facilitating discussion of the commercial application of energy technologies developed under ARPA-E and other government-sponsored research and development programs; or ``(4) such other purposes as the Director considers appropriate.''; (9) in subsection (m)(1), as so redesignated by paragraph (3) of this section, by striking ``4 years'' and inserting ``6 years''; (10) in section (m)(2)(B), as so redesignated by paragraph (3) of this section, by inserting ``, and how those lessons may apply to the operation of other programs within the Department of Energy'' after ``ARPA-E''; (11) by amending subsection (o)(2), as so redesignated by paragraph (3) of this section, to read as follows: ``(2) Authorization of appropriations.--Subject to paragraph (4), there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation-- ``(A) $300,000,000 for fiscal year 2011; ``(B) $500,000,000 for fiscal year 2012; ``(C) $700,000,000 for fiscal year 2013; ``(D) $900,000,000 for fiscal year 2014; ``(E) $1,000,000,000 for fiscal year 2015; and ``(F) such sums as are necessary for each of fiscal years 2016 through 2020.''; and (12) in subsection (o), as so redesignated by paragraph (3) of this section, by-- (A) striking paragraph (4); and (B) redesignated paragraph (5) as paragraph (4).
ARPA-E Reauthorization Act of 2010 - Amends the America COMPETES Act to instruct the Advanced Research Projects Agency-Energy (ARPA-E) of the Department of Energy (DOE) to achieve the goals of ARPA-E through energy technology projects which: (1) identify and promote revolutionary advances in applied sciences; and (2) promote the commercial application of advanced energy technologies. Includes as a responsibility of the Director of ARPA-E the research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies. Requires the Director to: (1) make awards through grants, contracts, cooperative agreements, cash prizes, and other transactions to carry out ARPA-E; and (2) establish within ARPA-E a staff to enable ARPA-E to carry out its responsibilities separately and distinctly from the operations of the rest of DOE. Includes as responsibilities of program directors the identification of: (1) innovative cost-sharing arrangements for ARPA-E projects; and (2) mechanisms for commercial application of successful energy technology development projects. Authorizes the Director to select exceptional early career and senior scientific, legal, business, and technical personnel to serve as fellows to work at ARPA-E for two-year terms. Extends the deadlines for submission of the strategic vision roadmaps to Congress. Instructs the Director to seek opportunities to partner with purchasing and procurement programs of federal agencies to demonstrate energy technologies resulting from activities funded through ARPA-E. Authorizes the Director to convene events that further ARPA-E objectives, including events that facilitate discussion of the commercial application of energy technologies. Authorizes appropriations for FY2011-FY2020 to the Director to carry out the purposes of ARPA-E.
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SECTION 1. CONVEYANCE OF POINT ARENA LIGHT STATION. (a) Authority To Convey.-- (1) In general.--At such time as the Secretary determines the Point Arena Light Station to be excess to the needs of the Coast Guard, the Secretary shall convey to the Point Arena Lighthouse Keepers, Inc., by an appropriate means of conveyance, all right, title, and interest of the United States in and to the Point Arena Light Station, located in Mendocino County, California, except that the Coast Guard shall retain all right, title, and interest in any historical artifact, including any lens or lantern, on the property conveyed pursuant to this section, or belonging to the property, whether located on the property or elsewhere. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (3) Retention of lens in california.--The Secretary shall retain within the boundaries of the State of California the lens belonging to the Point Arena Light Station. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to such terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--In addition to any term or condition established pursuant to paragraph (1), any conveyance of property comprising the Point Arena Light Station pursuant to subsection (a) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the maritime history of Point Arena, California. (3) Maintenance of navigation functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Point Arena Lighthouse Keepers, Inc., or any successors or assigns, may not interfere or allow interference in any manner with such aids to navigation without express written permission from the Secretary; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation, or make any changes to the Point Arena Light Station as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Point Arena Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary provides written notice to the Point Arena Lighthouse Keepers, Inc., that the Point Arena Light Station is needed for national security purposes. (4) Maintenance of property.--Any conveyance of property under this section shall be subject to the condition that the Point Arena Lighthouse Keepers, Inc., shall maintain the Point Arena Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Obligation limitation.--The Point Arena Lighthouse Keepers, Inc., or any successors or assigns, shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Maintenance Standard.--The Point Arena Lighthouse Keepers, Inc., or any successor or assign, at its own cost and expense, shall maintain, in a proper, substantial, and workmanlike manner, all properties conveyed. (d) Definitions.--For purposes of this section-- (1) the term ``Point Arena Light Station'' means the Coast Guard property and improvements located at Point Arena, California, including the light tower building, fog signal building, 2 small shelters, 4 residential quarters, and a restroom facility; and (2) the term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.
Mandates conveyance, when determined to be excess to Coast Guard needs, of the Point Arena Light Station, California, to the Point Arena Lighthouse Keepers, Inc.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Improvement Act''. SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING ``SEC. 601. SHORT TITLE. ``This title may be cited as the `National Child Protection Improvement Act'. ``SEC. 602. FINDINGS. ``Congress finds the following: ``(1) More than 87,000,000 children are involved each year in activities provided by child and youth organizations which depend heavily on volunteers to deliver their services. ``(2) Millions more adults, both the elderly and individuals with disabilities, are served by public and private voluntary organizations. ``(3) The vast majority of activities provided to children, the elderly, and individuals with disabilities by public and private nonprofit agencies and organizations result in the delivery of much needed services in safe environments that could not be provided without the assistance of virtually millions of volunteers, but abuses do occur. ``(4) Estimates of the incidence of child sexual abuse in child care settings, foster care homes, and schools, range from 1 to 7 percent. ``(5) Abuse traumatizes the victims and shakes public trust in care providers and organizations serving vulnerable populations. ``(6) Congress has acted to address concerns about this type of abuse through the National Child Protection Act of 1993 and the Violent Crime Control Act of 1994 to set forth a framework for screening through criminal record checks of care providers, including volunteers who work with children, the elderly, and individuals with disabilities. Unfortunately, problems regarding the safety of these vulnerable groups still remain. ``(7) While State screening is sometimes adequate to conduct volunteer background checks, more extensive national criminal history checks using fingerprints or other means of positive identification are often advisable, as a prospective volunteer or nonvolunteer provider may have lived in more than one State. ``(8) The high cost of fingerprint background checks is unaffordable for organizations that use a large number of volunteers and, if passed on to volunteers, often discourages their participation. ``(9) The current system of retrieving national criminal background information on volunteers through an authorized agency of the State is cumbersome and often requires months before vital results are returned. ``(10) In order to protect children, volunteer agencies must currently depend on a convoluted, disconnected, and sometimes duplicative series of checks that leave children at risk. ``(11) A national volunteer and provider screening center is needed to protect vulnerable groups by providing effective, efficient national criminal history background checks of volunteer providers at no-cost, and at minimal-cost for employed care providers. ``SEC. 603. DEFINITIONS. ``In this Act-- ``(1) the term `qualified entity' means a business or organization, whether public, private, for-profit, not-for- profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services designated by the National Task Force; ``(2) the term `volunteer provider' means a person who volunteers or seeks to volunteer with a qualified entity; ``(3) the term `provider' means a person who is employed by or volunteers or who seeks to be employed by or volunteer with a qualified entity, who owns or operates a qualified entity, or who has or may have unsupervised access to a child to whom the qualified entity provides care; ``(4) the term `national criminal background check system' means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification; ``(5) the term `child' means a person who is under the age of 18; ``(6) the term `individuals with disabilities' has the same meaning as that provided in section 5(7) of the National Child Protection Act of 1993; ``(7) the term `State' has the same meaning as that provided in section 5(11) of the National Child Protection Act of 1993; and ``(8) the term `care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. ``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER AND PROVIDER SCREENING. ``(a) In General.--The Attorney General, by agreement with a national nonprofit organization or by designating an agency within the Department of Justice, shall-- ``(1) establish a national center for volunteer and provider screening designed-- ``(A) to serve as a point of contact for qualified entities to request a nationwide background check for the purpose of determining whether a volunteer provider or provider has been arrested for or convicted of a crime that renders the provider unfit to have responsibilities for the safety and well-being of children, the elderly, or individuals with disabilities; ``(B) to promptly access and review Federal and State criminal history records and registries through the national criminal history background check system-- ``(i) at no cost to a qualified entity for checks on volunteer providers; and ``(ii) at minimal cost to qualified entities for checks on non-volunteer providers; with cost for screening non-volunteer providers will be determined by the National Task Force; ``(C) to provide the determination of the criminal background check to the qualified entity requesting a nationwide background check after not more than 15 business days after the request; ``(D) to serve as a national resource center and clearinghouse to provide State and local governments, public and private nonprofit agencies and individuals with information regarding volunteer screening; and ``(2) establish a National Volunteer Screening Task Force (referred to in this title as the `Task Force') to be chaired by the Attorney General which shall-- ``(A) include-- ``(i) 2 members each of-- ``(I) the Federal Bureau of Investigation; ``(II) the Department of Justice; ``(III) the Department of Health and Human Services; ``(IV) representatives of State Law Enforcement organizations; ``(V) national organizations representing private nonprofit qualified entities using volunteers to serve the elderly; and ``(VI) national organizations representing private nonprofit qualified entities using volunteers to serve individuals with disabilities; and ``(ii) 4 members of national organizations representing private nonprofit qualified entities using volunteers to serve children; to be appointed by the Attorney General; and ``(B) oversee the work of the Center and report at least annually to the President and Congress with regard to the work of the Center and the progress of the States in complying with the provisions of the National Child Protection Act of 1993. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out the provisions of this title, there are authorized to be appropriated $80,000,000 for fiscal year 2001 and $25,000,000 for each of the fiscal years 2002, 2003, 2004, and 2005, sufficient to provide no-cost background checks of volunteers working with children, the elderly, and individuals with disabilities. ``(b) Availability.--Sums appropriated under this section shall remain available until expended.''. SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT OF 1993. Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended to read as follows: ``SEC. 3. NATIONAL BACKGROUND CHECKS. ``(a) In General.--Requests for national background checks under this section shall be submitted to the National Center for Volunteer Screening which shall conduct a search using the Integrated Automated Fingerprint Identification System, or other criminal record checks using reliable means of positive identification subject to the following conditions: ``(1) A qualified entity requesting a national criminal history background check under this section shall forward to the National Center the provider's fingerprints or other identifying information, and shall obtain a statement completed and signed by the provider that-- ``(A) sets out the provider or volunteer's name, address, date of birth appearing on a valid identification document as defined in section 1028 of title 18, United States Code, and a photocopy of the valid identifying document; ``(B) states whether the provider or volunteer has a criminal record, and, if so, sets out the particulars of such record; ``(C) notifies the provider or volunteer that the National Center for Volunteer Screening may perform a criminal history background check and that the provider's signature to the statement constitutes an acknowledgement that such a check may be conducted; ``(D) notifies the provider or volunteer that prior to and after the completion of the background check, the qualified entity may choose to deny the provider access to children or elderly or persons with disabilities; and ``(E) notifies the provider or volunteer of his right to correct an erroneous record held by the FBI or the National Center. ``(2) Statements obtained pursuant to paragraph (1) and forwarded to the National Center shall be retained by the qualified entity or the National Center for at least 2 years. ``(3) Each provider or volunteer who is the subject of a criminal history background check under this section is entitled to contact the National Center to initiate procedures to-- ``(A) obtain a copy of their criminal history record report; and ``(B) challenge the accuracy and completeness of the criminal history record information in the report. ``(4) The National Center receiving a criminal history record information that lacks disposition information shall, to the extent possible, contact State and local recordkeeping systems to obtain complete information. ``(5) The National Center shall make a determination whether the criminal history record information received in response to the national background check indicates that the provider has a criminal history record that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities based upon criteria established by the National Task Force on Volunteer Screening, and will convey that determination to the qualified entity. ``(b) Guidance by the National Task Force.--The National Task Force, chaired by the Attorney General shall-- ``(1) encourage the use, to the maximum extent possible, of the best technology available in conducting criminal background checks; and ``(2) provide guidelines concerning standards to guide the National Center in making fitness determinations concerning care providers based upon criminal history record information. ``(c) Limitations of Liability.-- ``(1) In general.--A qualified entity shall not be liable in an action for damages solely for failure to request a criminal history background check on a provider, nor shall a State or political subdivision thereof nor any agency, officer or employee thereof, be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse to a provider who was the subject of a criminal background check. ``(2) Reliance.--The National Center or a qualified entity that reasonably relies on criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages based upon the inaccuracy or incompleteness of the information. ``(d) Fees.--In the case of a background check pursuant to a State requirement adopted after December 20, 1993, conducted through the National Center using the fingerprints or other identifying information of a person who volunteers with a qualified entity shall be free of charge. This subsection shall not affect the authority of the FBI, the National Center, or the States to collect reasonable fees for conducting criminal history background checks of providers who are employed as or apply for positions as paid employees.''. SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO STRENGTHEN CRIMINAL DATA REPOSITORIES AND FINGERPRINT TECHNOLOGY. (a) Establishment.--A model program shall be established in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State $50,000 to either-- (1) purchase Live-Scan fingerprint technology and a State- vehicle to make such technology mobile and these mobile units shall be used to travel within the State to assist in the processing of fingerprint background checks; or (2) purchase electric fingerprint imaging machines for use throughout the State to send fingerprint images to the National Center to conduct background checks. (b) Additional Funds.--In addition to funds provided in subsection (a), $50,000 shall be provided to each State and the District of Columbia to hire personnel to-- (1) provide information and training to each county law enforcement agency within the State regarding all National Child Protection Act requirements for input of criminal and disposition data into the national criminal history background check system; and (2) provide an annual summary to the National Task Force of the State's progress in complying with the criminal data entry provisions of the National Child Protection Act of 1993 which shall include information about the input of criminal data, child abuse crime information, domestic violence arrests and stay-away orders of protection. (c) Authorization of Appropriations.-- (1) In general.--To carry out the provisions of this section, there are authorized to be appropriated a total of $5,100,000 for fiscal year 2001 and such sums as may be necessary for each of the fiscal years 2002, 2003, 2004, and 2005, sufficient to improve fingerprint technology units and hire data entry improvement personnel in each of the 50 States and the District of Columbia. (2) Availability.--Sums appropriated under this section shall remain available until expended.
Directs the Attorney General to establish: (1) a national center for volunteer and provider screening to serve qualified provider care entities requesting a nationwide background check on providers of care to children, the elderly, or individuals with disabilities; and (2) a National Volunteer Screening Task Force to oversee the work of the center and report on the progress of States in complying with provisions of the National Child Protection Act of 1993 (the Act). Amends the Act to require national background check requests to be submitted to the National Center for Volunteer Screening, which shall conduct a search using the Integrated Automated Fingerprint Identification System or other appropriate criminal record check. Requires a model program to be established in each State and the District of Columbia providing grants to improve fingerprinting technology.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) Residents of Puerto Rico have served with honor and distinction in the Armed Forces of the United States in every major war and conflict the Nation has fought since 1917. (2) Puerto Rico consistently ranks alongside the top five States in per capita military service. (3) Numerous residents of Puerto Rico have won the Bronze Star with valor device, the Silver Star, the Distinguished Flying Cross, and the Distinguished Service Medal. (4) Four residents of Puerto Rico have received the Medal of Honor, the highest award given for valor on the battlefield. (5) 18,000 residents of Puerto Rico served in World War I. (6) 65,000 residents of Puerto Rico served in World War II, including 200 Puerto Rican women. (7) 61,000 residents of Puerto Rico served in the Korean War, during which the 65th Infantry Regiment, comprised mostly of Puerto Rican soldiers and known as the Borinqueneers, particularly distinguished itself for bravery. (8) 48,000 residents of Puerto Rico served in Vietnam, with 430 killed and over 3,000 wounded. (9) 2,600 residents of Puerto Rico were mobilized for Operation Desert Shield and Operation Desert Storm. (10) 3,400 residents of Puerto Rico have served, and over 230 have been killed or wounded, in the Nation's current war on terrorism, as part of Operation Enduring Freedom and Operation Iraqi Freedom. (11) Residents of Puerto Rico have always proudly answered the call to defend this nation and to sacrifice for the cause of liberty, notwithstanding the fact that they cannot vote for their commander-in-chief. (12) In section 821 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3448), Congress expressed its sense that the need for medical facility improvements in San Juan, Puerto Rico was not being adequately addressed and directed the Secretary of Veterans Affairs to ``take steps to explore all options for addressing that concern, including the option of a public/ private partnership to construct and operate a facility that would replace the current Department of Veterans Affairs medical center in San Juan, Puerto Rico''. (13) Congress directed the Secretary of Veterans Affairs to submit a report to the Committees on Veterans' Affairs of the Senate and House of Representatives ``identifying and outlining the various options available to the Department'' for retrofitting and renovating or replacing the current Veterans Affairs medical center in San Juan. (14) On June 26, 2007, the Department of Veterans Affairs submitted its ``Report to Congress on Options for Medical Facility Improvements in San Juan, Puerto Rico'', in which it identified and outlined four potential options available to the Department for medical facility improvements in Puerto Rico and analyzed the medical, legal, and financial implications associated with each option. (15) In that report, the Department of Veterans Affairs affirmed that medical facility improvements in Puerto Rico would support the Department's strategic goals, including improving the quality of life for veterans with disabilities, ensuring a smooth transition for veterans from active military service to civilian life, and improving the health and socioeconomic well-being of veterans. (16) In that report, the Department also stated that upgrades to the existing medical facility in San Juan were ``necessary to ensure the long-term safety of patients and staff''. SEC. 2. TASK FORCE ON MEDICAL FACILITY IMPROVEMENTS IN PUERTO RICO. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a task force to be known as the Task Force on Medical Facility Improvements in Puerto Rico (hereinafter in this section referred to as the ``Task Force''). (b) Membership.-- (1) In general.--The members of the Task Force shall be appointed by the Secretary of Veterans Affairs and shall include-- (A) appropriate employees of the Department of Veterans Affairs; (B) appropriate representatives of veterans' organizations based in Puerto Rico; and (C) appropriate representatives of the government of Puerto Rico. (2) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary. (c) Responsibilities.--The Task Force shall-- (1) consider options to renovate or replace the Department of Veterans Affairs hospital in Puerto Rico, including-- (A) the four options outlined in the report of the Department of Veterans Affairs entitled ``Report to Congress on Options for Medical Facility Improvements in San Juan, Puerto Rico'' submitted pursuant to section 821 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3448); and (B) any option not specifically discussed in such report that the Task Force determines is appropriate for consideration, especially any such option involving a public-private partnership to renovate or replace the hospital; and (2) make recommendations to the Secretary with respect to which of the options considered under paragraph (1) should be implemented. (d) Contract Authority.--Upon the request of the Task Force, the Secretary of Veterans Affairs may enter into a contract with an appropriate entity to assist the Task Force in carrying out its responsibilities under this section. (e) Stakeholder Interests and Concerns.--In carrying out the responsibilities under this section, the Task Force shall ensure that the full range of stakeholder interests and concerns are considered. (f) Reports.-- (1) Report to secretary.--Not later than 180 days after the date on which the Task Force is established under subsection (a), the Task Force shall submit to the Secretary of Veterans Affairs a report containing the findings and recommendations of the Task Force under subsection (c). (2) Report to congress.--Not later than 60 days after receiving the report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress such report together with any recommendations of the Secretary. (g) Termination.--The Task Force shall terminate 30 days after the Secretary submits the report under subsection (f)(2).
Directs the Secretary of Veterans Affairs to establish the Task Force on Medical Facility Improvements in Puerto Rico to: (1) consider options to renovate or replace the Department of Veterans Affairs (VA) hospital in Puerto Rico; (2) recommend to the Secretary which of the options should be implemented; and (3) report to the Secretary on its findings and recommendations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act''. TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II SEC. 101. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II Act of 2001''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented along our Nation's southwest border influence the number of crossings, especially their location. (2) States and local governments were reimbursed approximately 60 percent of the costs of the incarceration of criminal aliens in fiscal year 1996 when only 90 jurisdictions applied for such reimbursement. In subsequent years, the number of local jurisdictions receiving reimbursement has increased. For fiscal year 2000, approximately 360 local jurisdictions applied, and reimbursement amounted to only 40 percent of the costs incurred by those jurisdictions. (3) Certain counties, often with a small taxpayer base, located on or near the border across from sometimes highly populated areas of Mexico, suffer a substantially disproportionate share of the impact of criminal illegal aliens on its law enforcement and criminal justice systems. (4) A University of Arizona/U.S.-Mexico Border Counties Coalition study released in November 2000 reported that the 4 counties located on Arizona's border of Mexico, Pima, Yuma, Santa Cruz, and Cochise Counties, are burdened with this problem-- (A) for example, in 1999, Arizona's four border counties' combined population was 1.1 million, or 17.5 percent of the total population along the U.S.-Mexico border, but accounted for 11 percent of alien crossings and nearly 40 percent of illegal alien apprehensions along the border; Santa Cruz County had 43 percent of alien crossings and 16.3 percent of illegal apprehensions in the State of Arizona and Cochise County had 21 percent of alien crossings and 56 percent of illegal apprehensions in the State of Arizona. (B) for fiscal year 1999, it is estimated that, of its total criminal justice budget of $6,000,000, Santa Cruz County spent $1,978,863 (33 percent) to process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and of Cochise County's total law enforcement and criminal justice budget of $14.2 million, Cochise County spent an estimated $4.6 million (32 percent) to apprehend and process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and (C) Santa Cruz County and Cochise County have not obtained relief from this burden, despite repeated appeals to Federal and State officials. (5) In the State of Texas, the border counties of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the unreimbursed costs of apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 142,000 days in county jails. (6) Throughout Texas nonborder counties bore similar unreimbursed costs for apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 1,000,000 days in county jails. (7) The State of Texas has incurred substantial additional unreimbursed costs for State law enforcement efforts made necessary by the presence of criminal illegal aliens. (8) The Federal Government should reimburse States and units of local government for the related costs incurred by the State for the imprisonment of any illegal alien. (b) Purpose.--The purpose of this title is-- (1) to assist States and local communities by providing financial assistance for expenditures for illegal juvenile aliens, and for related costs to States and units of local government that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems; and (2) to ensure equitable treatment for those States and local governments that are affected by Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented on the Southwest border of the United States. SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``for'' and all that follows through ``State'' and inserting ``for-- ``(1) the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State; and ``(2) the indirect costs related to the imprisonment described in paragraph (1).''; (2) by striking subsection (c) and inserting the following: ``(c) Indirect Costs Defined.--In subsection (a), the term `indirect costs' includes-- ``(1) court costs, county attorney costs, detention costs, and criminal proceedings expenditures that do not involve going to trial; ``(2) indigent defense; and ``(3) unsupervised probation costs.''; and (3) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--There is authorized to be appropriated $200,000,000 to carry out subsection (a)(2) for each of the fiscal years 2002 through 2005.''. SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is further amended-- (1) in subsection (a)(1), by inserting ``or illegal juvenile alien who has been adjudicated delinquent or committed to a juvenile correctional facility by such State or locality'' before the semicolon; (2) in subsection (b), by inserting ``(including any juvenile alien who has been adjudicated delinquent or has been committed to a correctional facility)'' before ``who is in the United States unlawfully''; and (3) by adding at the end the following: ``(f) Juvenile Alien Defined.--In this section, the term `juvenile alien' means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act) who has been adjudicated delinquent or committed to a correctional facility by a State or locality as a juvenile offender.''. (b) Annual Report.--Section 332 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the number of illegal juvenile aliens (as defined in section 501(f) of the Immigration Reform and Control Act) that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.''. (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) is a juvenile alien with respect to whom section 501 of the Immigration Reform and Control Act of 1986 applies.''. SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following new subsection: ``(g) Manner of Allotment of Reimbursements.--Reimbursements under this section shall be allotted in a manner that takes into account special consideration for any State that-- ``(1) shares a border with Mexico or Canada; or ``(2) includes within the State an area in which a large number of undocumented aliens reside relative to the general population of the area.''. TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH SERVICES TO UNDOCUMENTED ALIENS SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS (a) Total Amount Available for Allotment.--To the extent of available appropriations under subsection (e), there are available for allotments under this section for each of fiscal years 2002 through 2005, $200,000,000 for payments to certain States under this section. (b) State Allotment Amount.-- (1) In general.--The Secretary shall compute an allotment for each fiscal year beginning with fiscal year 2002 and ending with fiscal year 2005 for each of the 17 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2) Determination.--For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c) Use of Funds.-- (1) In general.--From the allotments made under subsection (b) for a fiscal year, the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid to local governments, hospitals, and related providers of emergency health services to undocumented aliens in a manner that-- (A) takes into account-- (i) each eligible local government's, hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)) for such fiscal year; or (ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible local governments, hospitals, and related providers for such fiscal year; and (B) provides special consideration for local governments, hospitals, and related providers located in-- (i) a county that shares a border with Mexico or Canada; or (ii) an area in which a large number of undocumented aliens reside relative to the general population of the area. (2) Special rules.--For purposes of this subsection: (A) A provider shall be considered to be ``related'' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. (B) Amounts paid under this subsection shall not duplicate payments made under title XIX of the Social Security Act for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)). (d) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) Provider.--The term ``provider'' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means the 50 States and the District of Columbia. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2002 through 2005.
State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act - State Criminal Alien Assistance Program II Act of 2001 - Amends the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for indirect costs of incarcerating illegal aliens.Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs.Provides for the reimbursement of States for costs of incarcerating juvenile aliens.Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens.Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Farm Energy Emergency Relief Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) a significant number of small businesses in the United States, non-farm as well as agricultural producers, use heating oil, natural gas, propane, kerosene, or electricity to heat their facilities and for other purposes; (2) a significant number of small businesses in the United States sell, distribute, market, or otherwise engage in commerce directly related to heating oil, natural gas, propane, and kerosene; and (3) sharp and significant increases in the price of heating oil, natural gas, propane, or kerosene-- (A) disproportionately harm small businesses dependent on those fuels or that use, sell, or distribute those fuels in the ordinary course of their business, and can cause them substantial economic injury; (B) can negatively affect the national economy and regional economies; (C) have occurred in the winters of 1983-1984, 1988-1989, 1996-1997, and 1999-2000; and (D) can be caused by a host of factors, including global or regional supply difficulties, weather conditions, insufficient inventories, refinery capacity, transportation, and competitive structures in the markets, causes that are often unforeseeable to those who own and operate small businesses. SEC. 3. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN PROGRAM. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after paragraph (3) the following: ``(4)(A) In this paragraph-- ``(i) the term `heating fuel' means heating oil, natural gas, propane, or kerosene; and ``(ii) the term `sharp and significant increase' shall have the meaning given that term by the Administrator, in consultation with the Secretary of Energy. ``(B) The Administration may make such loans, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of a sharp and significant increase in the price of heating fuel or electricity. ``(C) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). ``(D) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation. ``(E) For purposes of assistance under this paragraph-- ``(i) a declaration of a disaster area based on conditions specified in this paragraph shall be required, and shall be made by the President or the Administrator; or ``(ii) if no declaration has been made pursuant to clause (i), the Governor of a State in which a sharp and significant increase in the price of heating fuel or electricity has occurred may certify to the Administration that small business concerns have suffered economic injury as a result of such increase and are in need of financial assistance which is not available on reasonable terms in that State, and upon receipt of such certification, the Administration may make such loans as would have been available under this paragraph if a disaster declaration had been issued. ``(F) Notwithstanding any other provision of law, loans made under this paragraph may be used by a small business concern described in subparagraph (B) to convert from the use of heating fuel or electricity to a renewable or alternative energy source, including agriculture and urban waste, geothermal energy, cogeneration, solar energy, wind energy, and fuel cells.''. (b) Conforming Amendments Relating to Heating Fuel and Electricity.--Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is amended-- (1) by inserting ``, sharp and significant increases in the price of heating fuel or electricity'' after ``civil disorders''; and (2) by inserting ``other'' before ``economic''. SEC. 4. AGRICULTURAL PRODUCER EMERGENCY LOANS. (a) In General.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended-- (1) in the first sentence-- (A) by striking ``operations have'' and inserting ``operations (i) have''; and (B) by inserting before ``: Provided,'' the following: ``, or (ii)(I) are owned or operated by such an applicant that is also a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), and (II) have suffered or are likely to suffer substantial economic injury on or after June 1, 2000, as the result of a sharp and significant increase in energy costs or input costs from energy sources occurring on or after June 1, 2000, in connection with an energy emergency declared by the President or the Secretary''; (2) in the third sentence, by inserting before the period at the end the following: ``or by an energy emergency declared by the President or the Secretary''; and (3) in the fourth sentence-- (A) by inserting ``or energy emergency'' after ``natural disaster'' each place it appears; and (B) by inserting ``or declaration'' after ``emergency designation''. (b) Funding.--Funds available on the date of enactment of this Act for emergency loans under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) made to meet the needs resulting from natural disasters shall be available to carry out the amendments made by subsection (a). SEC. 5. GUIDELINES. Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration and the Secretary of Agriculture shall each issue such guidelines as the Administrator and the Secretary, as applicable, determines to be necessary to carry out this Act and the amendments made by this Act. SEC. 6. REPORTS. (a) Small Business.--Not later than 18 months after the date of final publication by the Administrator of the Small Business Administration of the guidelines issued under section 5, the Administrator shall submit to the Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives, a report on the effectiveness of the program established under section 7(b)(4) of the Small Business Act, as added by this Act, including-- (1) the number of small businesses that applied to participate in the program and the number of those that received loans under the program; (2) the dollar value of those loans; (3) the States in which the small business concerns that participated in the program are located; (4) the type of heating fuel or energy that caused the sharp and significant increase in the cost for the participating small business concerns; and (5) recommendations for improvements to the program, if any. (b) Agriculture.--Not later than 18 months after the date of final publication by the Secretary of Agriculture of the guidelines issued under section 5, the Secretary shall submit to the Committees on Small Business and Agriculture, Nutrition, and Forestry of the Senate and the Committees on Small Business and Agriculture of the House of Representatives, a report on the effectiveness of loans made available as a result of the amendments made by section 4, together with recommendations for improvements to the loans, if any. SEC. 7. EFFECTIVE DATE. (a) Small Business.--The amendments made by this Act shall apply during the 2-year period beginning on the date of final publication of guidelines under section 5 by the Administrator, with respect to assistance under section 7(b)(4) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act, to economic injury suffered or likely to be suffered as the result of-- (1) sharp and significant increases in the price of heating fuel occurring on or after November 1, 2000; or (2) sharp and significant increases in the price of electricity occurring on or after June 1, 2000. (b) Agriculture.--The amendments made by section 4 shall apply during the 2-year period beginning on the date of final publication of guidelines under section 5 by the Secretary of Agriculture. Passed the Senate March 26, 2001. Attest: GARY SISCO, Secretary.
Small Business and Farm Energy Emergency Relief Act of 2001 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make disaster loans to assist small businesses that have suffered or are likely to suffer substantial economic injury as the result of a sharp and significant increase in the price of heating fuel or electricity. Prohibits any such loan from being made if the total amount outstanding and committed to the borrower would exceed $1.5 million, unless the applicant is a major source of employment in its surrounding area. Requires, for such assistance: (1) a declaration of a disaster by the President or the SBA Administrator; or (2) a certification from the governor of the State that its small businesses have suffered such economic injury and are in need of assistance which is not otherwise available.Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make loans to farm operations that qualify as a small business and have or are likely to suffer substantial economic injury from a sharp and significant increase in energy costs or input costs from energy sources occurring on or after June 1, 2000, in connection with an energy emergency declared by the President or the Secretary.Requires the SBA Administrator and the Secretary to report to specified congressional committees on the effectiveness of such loan programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reporting on Influence and Subversion by the Kremlin Act'' or ``RISK Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, an interagency working group issued a report assessing ``active measures'' by the former Soviet Union against the United States. (2) The working group concluded that ``there is a massive and highly organized effort by the Soviet Union and its proxies to influence world opinion''. (3) The working group further observed that ``this effort includes public diplomacy to enhance the Soviet image abroad and . . . also includes a persistent, widespread program of disinformation and deception designed to discredit the U.S. image abroad and disrupt U.S. policy objectives.''. (4) Active measures by the Russian Federation have shown no diminution since the last report issued by the working group in 1987, including-- (A) to influence world opinion; (B) to undercut democratic processes and institutions in the United States and partner nations; (C) to challenge the international liberal order; and (D) to establish an unfettered sphere of influence. (5) The Director of National Intelligence concluded in light of the Russian Federation's hacking of the 2016 presidential election that ``Russian efforts to influence the 2016 U.S. presidential election represent the most recent expression of Moscow's longstanding desire to undermine the U.S.-led liberal democratic order.''. (6) The Russian Federation is deploying an array of military, cyber, intelligence, and economic tactics to weaken United States democratic institutions, divide Europe from the United States, divide Europe from within, undermine organizations such as the North Atlantic Treaty Organization and the European Union, and coerce partners to cooperate with Russia. (7) Militarily, Russian President Vladimir Putin ordered the forcible and illegal occupation of Crimea in March 2014 and the invasion of Georgia in 2008. (8) The Russian military, in which President Putin has invested heavily, continues to engage in acts of aggression and intimidation against United States allies across Europe. (9) The Russian Federation's subversive activities undermine trust in democratic systems, giving rise to political instability. SEC. 3. ASSESSMENT OF SUBVERSIVE ACTIVITIES BY THE RUSSIAN FEDERATION. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report setting forth an assessment, obtained by the Secretary for purposes of the report, of subversive activities by the Russian Federation. (b) Independent Assessment.-- (1) In general.--The assessment obtained for purposes of subsection (a) shall be conducted by a federally funded research and development center (FFRDC), or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation, selected by the Secretary for purposes of the assessment. (2) Use of previous studies.--The entity conducting the assessment may use and incorporate information from previous studies on matters appropriate to the assessment. (c) Elements.--The assessment obtained for purposes of subsection (a) shall include the following: (1) An assessment of disinformation and propaganda activities of the Russian Federation, including an assessment of-- (A) support for disinformation and propaganda activities with respect to the United States and foreign countries; (B) the overall structure of the Russian Government's disinformation and influence apparatus, including its intelligence agencies and propaganda outlets such as Russia Today; and (C) propaganda techniques, including forgery, use of media representatives and proxies, use of front organizations, and efforts to influence international organizations. (2) An assessment of support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries. (3) An assessment of cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries. (4) An assessment of-- (A) the use of energy exports by the Russian Federation for purposes of political or economic coercion; and (B) significant investment in energy infrastructure, including pipelines, by the Government of Russia or Russian-controlled entities. (5) An assessment of the deterioration of democratic conditions in the Russian Federation, including-- (A) suppression of freedom of the press; (B) detention, beating, and murder of political activists and opposition leaders; (C) suppression of minority rights; (D) suppression of human rights; and (E) efforts to undermine the Russian nongovernmental organizations and Russian civil society. (d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 4. COUNTERING RUSSIAN INFLUENCE FUND. (a) Establishment.--The President is authorized to establish in the Department of the Treasury a fund to be known as the Countering Russian Influence Fund (in this section referred to as the ``Fund''). (b) Amounts in Fund.--The Fund shall consist of the following: (1) Amounts appropriated to carry out section 7070(d) of division C of the Consolidated Appropriations Act, 2017 (Public Law 115-31). (2) Amounts otherwise available to the Secretary of State to carry out this section. (c) Purposes of Fund.--Amounts in the Fund for any fiscal year are authorized to be made available to the Secretary of State for bilateral assistance for countries in Europe, Eurasia, and Central Asia, to counter the following activities in such countries carried out by the Russian Federation: (1) Support for disinformation and propaganda. (2) Interference in foreign elections. (3) Efforts to undermine financial transparency and governance. (d) Civil Society and Other Organizations.--Amounts in the Fund for any fiscal year may be made available to carry out the purposes of the Fund under subsection (c) through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President not less than $100,000,000 to carry out this section. (2) Relation to certain other amounts.--Such funds are in addition to any other amounts made available for bilateral assistance for countries in Europe, Eurasia, and Central Asia. (3) Rule of construction.--This section shall be considered to be an authorization of appropriations for purposes of section 7070(d) of division C of the Consolidated Appropriations Act, 2017 (Public Law 115-31). (f) Report.--The Secretary of State shall submit to Congress a report for each fiscal year for which activities are undertaken pursuant to this section.
Reporting on Influence and Subversion by the Kremlin Act or the RISK Act This bill directs the Department of State to submit to Congress an assessment of subversive activities by the Russian Federation. The assessment shall be conducted by a federally funded research and development center or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation. Such entity may use and incorporate information from previous studies and shall include assessments of: disinformation and propaganda activities of the Russian Federation; support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries; cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries; the use of energy exports by the Russian Federation for purposes of political or economic coercion and significant investment in energy infrastructure by the Russian government or Russian-controlled entities; and the deterioration of democratic conditions in the Russian Federation. The President is authorized to establish in the Department of the Treasury the Countering Russian Influence Fund to be used by the State Department for bilateral assistance to counter activities carried out in countries in Europe, Eurasia, and Central Asia by the Russian Federation to support disinformation and propaganda, interfere in foreign elections, and undermine financial transparency and governance. Amounts in the fund may be made available to carry out its purposes through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollars to the Classroom Act''. SEC. 2. DIRECT AWARDS OF CERTAIN EDUCATION FUNDING TO STATES. (a) Direct Awards of Certain Education Funding.-- (1) In general.--Notwithstanding any other provision of law, for each fiscal year the Secretary shall award the total amount of funds described in paragraph (2) directly to States in accordance with this subsection. (2) Applicable funding.--The total amount of funds referred to in paragraph (1) are all funds not used to carry out paragraph (6)(B) for the fiscal year that are appropriated for the Department of Education for the fiscal year to carry out programs or activities under the following provisions of law: (A) Title III of the Goals 2000: Educate America Act (20 U.S.C. 5881 et seq.). (B) Title IV of the Goals 2000: Educate America Act (20 U.S.C. 5911 et seq.). (C) Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951). (D) The Educational Research, Development, Disseminations, and Improvement Act of 1994 (20 U.S.C. 6001 et seq.). (E) Titles II, III, and IV of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6121 et seq., 6171 et seq., and 6191 et seq.). (F) Part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.). (G) Section 1502 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6492). (H) Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.). (I) Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq.). (J) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) (other than section 3132 of such title). (K) Section 3132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6842 et seq.). (L) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.). (M) Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.). (N) Part A of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.). (O) Part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.). (P) Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7311 et seq.). (Q) Part B of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.). (R) Part C of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7931 et seq.). (S) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.). (T) Part B of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8031 et seq.). (U) Part D of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8091 et seq.). (V) Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.). (W) Part G of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8161 et seq.). (X) Part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8241 et seq.). (Y) Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.). (Z) Part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.). (AA) Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351 et seq.). (BB) Part A of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.). (CC) Part C of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.). (DD) Part B of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.). (3) Timelines.-- (A) Census determination.-- (i) In general.--Not later than 21 days after the beginning of an academic year, each State shall conduct a census to determine the number of kindergarten through grade 12 students in the State for the academic year. (ii) Submission.--Each State shall submit the number described in clause (i) to the Secretary not later than February 1 of the academic year. (B) Publication.--The Secretary shall publish in the Federal Register not later than March 15 of each fiscal year the amount each State shall receive under this subsection for the succeeding fiscal year. (C) Disbursal.--The Secretary shall disburse the amount awarded to a State under this subsection for a fiscal year not later than July 1 of the fiscal year. (4) Determination of award.--From the total amount made available under paragraph (1) and not used to carry out paragraph (6)(B), the Secretary, using the information provided under paragraph (3), shall award to each State an amount that bears the same relation to the total amount as the number of kindergarten through grade 12 students in the State for the academic year preceding the fiscal year bears to the total number of all such students in all States for the academic year. (5) Penalty.--If the Secretary determines that a State has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under paragraph (1), then the State shall be fined an amount equal to twice the difference between the amount the State received under this subsection, and the correct amount the State would have received if the State had submitted accurate information under paragraph (3). (6) Hold harmless.-- (A) In general.--No State shall receive an award under this subsection-- (i) for fiscal year 2000 in an amount that is less than the amount the State would have received to carry out programs or activities under the provisions of law described in subparagraphs (A), (F), (I), (J), (L), (P) and (DD) of paragraph (2) for fiscal year 2000; (ii) for fiscal year 2001 in an amount that is less than 95 percent of the minimum amount the State is eligible to receive under clause (i) for fiscal year 2000; (iii) for fiscal year 2002 in an amount that is less than 90 percent of the minimum amount the State is eligible to receive under clause (ii) for fiscal year 2001; (iv) for fiscal year 2003 in an amount that is less than 85 percent of the minimum amount the State is eligible to receive under clause (iii) for fiscal year 2002; and (v) for fiscal year 2004 in an amount that is less than 80 percent of the minimum amount the State is eligible to receive under clause (iv) for fiscal year 2003. (B) Multiyear awards.--The Secretary shall use funds appropriated to carry out the programs or activities under the provisions of law described in paragraph (2) (other than subparagraphs (A), (F), (I), (J), (L), (P) and (DD) of paragraph (2)) to make payments to eligible recipients under such provisions pursuant to any multiyear award made under such provisions prior to the date of enactment of this Act. (b) Payments and Availability.-- (1) Payments.--Funds awarded to a State under this subsection shall be paid to the Governor of the State. (2) Availability.--The Governor of the State shall make the funds provided under this subsection available to the individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law. (c) Use of State Awards.-- (1) In general.--From the amount made available to a State under subsection (a) for a fiscal year, the State-- (A) shall use not more than 5 percent of the amount to support programs or activities, for kindergarten through grade 12 students, that the State determines appropriate, of which the State shall distribute 20 percent of the 5 percent to local educational agencies in the State to pay the administrative expenses of the local educational agencies that are associated with the activities and services assisted under this section; and (B) shall distribute not less than 95 percent of the amount to local educational agencies in the State for the fiscal year to enable the local educational agencies to pay the costs of activities or services, for kindergarten through grade 12 students, that-- (i) the local educational agencies determine appropriate; and (ii) are provided in the classroom. (2) Classroom activities and services.--For the purpose of paragraph (1)(B), the costs of activities and services provided in the classroom-- (A) exclude the administrative expenses associated with the activities and services; and (B) subject to paragraph (1)(B)(i), include nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. (d) Regulations.-- (1) In general.--No head of a Federal department or agency other than the Secretary may promulgate regulations under this section. (2) Classroom activities and services.--The Secretary of Education shall not issue any regulation regarding the type of classroom activities or services that may be assisted under this section. (e) Report.--Each Governor of a State receiving assistance under this section shall prepare and submit, not later than 60 days after the date of enactment of this Act, to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report that describes the classroom activities and services provided in the State under this section. SEC. 3. TITLE I FUNDING. Section 1603 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6513) is amended by adding at the end the following: ``(d) Dollars to the Classroom.-- ``(1) In general.--Notwithstanding any other provision of law, from the funds made available to a local educational agency under this part for a fiscal year, not less than 95 percent of the funds shall be used for the costs of activities and services that-- ``(A) the local educational agency deems appropriate; and ``(B) are provided in the classroom. ``(2) Classroom activities and services.--For the purpose of paragraph (1), the costs of activities and services provided in the classroom-- ``(A) exclude the administrative expenses associated with the activities and services; and ``(B) subject to paragraph (1)(A), include nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. ``(3) Plan.--Not later than 6 months after the date of enactment of the Dollars to the Classroom Act, the Secretary shall-- ``(A) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of the funds made available to local educational agencies under this part are used for the costs of activities and services provided in the classroom; and ``(B) prepare and submit to Congress recommended legislation containing changes to Federal law that are needed for 95 percent of the funds to be so used.''. SEC. 4. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE AND HOME SCHOOLS. Each local educational agency that receives funds under section 2 shall provide for the participation of children enrolled in private and home schools in the activities and services assisted under such section in the same manner as private school children participate in activities and services under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant to sections 14503, 14504, 14505, and 14506 of such Act (20 U.S.C. 8893, 8894, 8895, and 8896). SEC. 5. DEFINITIONS. In this Act-- (1) the term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (2) the term ``Secretary'' means the Secretary of Education; and (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill for the 21st Century Act''. SEC. 2. EXCLUSION OF BASIC PAY CONTRIBUTIONS FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE IN CERTAIN COMPUTATIONS ON STUDENT FINANCIAL AID. (a) Exclusion.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020A. Exclusion of basic pay contributions in certain computations on student financial aid ``(a) In General.--The expected family contribution computed under section 475, 476, or 477 of the Higher Education Act of 1965 (20 U.S.C. 1087oo, 1087pp, 1087qq) for a covered student shall be decreased by $1,200 for the applicable year. ``(b) Definitions.--In this section: ``(1) The term `academic year' has the meaning given the term in section 481(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)(2)). ``(2) The term `applicable year' means the first academic year for which a student uses entitlement to basic educational assistance under this chapter. ``(3) The term `covered student' means any individual entitled to basic educational assistance under this chapter whose basic pay or voluntary separation incentives was or were subject to reduction under section 3011(b), 3012(c), 3018(c), 3018A(b), or 3018B(b) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3020 the following new item: ``3020A. Exclusion of basic pay contributions in certain computations on student financial aid.''. SEC. 3. OPPORTUNITY FOR ENROLLMENT IN BASIC EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN INDIVIDUALS WHO PARTICIPATED OR WERE ELIGIBLE TO PARTICIPATE IN POST-VIETNAM ERA VETERANS EDUCATIONAL ASSISTANCE PROGRAM. (a) Opportunity for Enrollment.--Section 3018C(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by inserting ``or (3)'' after ``paragraph (2)''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): ``(3) A qualified individual referred to in paragraph (1) is also an individual who meets each of the following requirements: ``(A) The individual is a participant in the educational benefits program under chapter 32 of this title as of the date of the enactment of the Montgomery GI Bill for the 21st Century Act, or was eligible to participate in such program, but had not participated in that program or any other educational benefits program under this title, as of that date. ``(B) The individual meets the requirements of subsection (a)(3). ``(C) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge.''; (4) in paragraph (5), as so redesignated, by striking ``paragraph (3)(A)(ii)'' and inserting ``paragraph (4)(A)(ii)''; and (5) in paragraph (6), as so redesignated, by inserting ``, or individuals eligible to participate in that program who have not participated in that program or any other educational benefits program under this title,'' after ``chapter 32 of this title''. (b) Conforming and Clerical Amendments.--(1) The heading of such section is amended to read as follows: ``Sec. 3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP''. (2) The table of sections at the beginning of chapter 30 of such title is amended by striking the item relating to section 3018C and inserting the following new item: ``3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP.''. SEC. 4. COMMENCEMENT OF 10-YEAR DELIMITING PERIOD FOR VETERANS, SURVIVORS, AND DEPENDENTS WHO ENROLL IN TRAINING PROGRAM. (a) Veterans.--Section 3031 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``through (g), and subject to subsection (h)'' and inserting ``through (h), and subject to subsection (i)''; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection (h): ``(h) In the case of an individual eligible for educational assistance under this chapter who, during the 10-year period described in subsection (a) of this section, enrolls in a program of training under this chapter, the period during which the individual may use the individual's entitlement to educational assistance under this chapter expires on the last day of the 10-year period beginning on the first day of the individual's pursuit of such program of training.''. (b) Eligible Children.--Subsection (a) of section 3512 of such title is amended-- (1) in paragraph (6)(B), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(8) if the person enrolls in a program of special restorative training under subchapter V of this chapter, such period shall begin on the first day of the person's pursuit of such program of special restorative training.''. (c) Eligible Surviving Spouses.--Subsection (b) of such section is amended by adding at the end the following new paragraph: ``(3) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in section 3501(a)(1)(B) or (D)(ii) of this title) who, during the 10-year period described in paragraph (1) of this subsection, enrolls in a program of special restorative training under subchapter V of this chapter may be afforded educational assistance under this chapter during the 10-year period beginning on the first day of the individual's pursuit of such program of special restorative training.''. SEC. 5. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS FOR CREDIT AT INSTITUTIONS OF HIGHER EDUCATION. (a) Covered Exams.--Sections 3452(b) and 3501(a)(5) of title 38, United States Code, are each amended by adding at the end the following new sentence: ``Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the SAT, LSAT, GRE, and GMAT exams) and national tests providing an opportunity for course credit at institutions of higher learning (such as the AP exam).''. (b) Amount of Payment.-- (1) Chapter 30.--Section 3032 of such title is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (2) Chapter 32.--Section 3232 of such title is amended by adding at the end the following new subsection: ``(d)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (3) Chapter 34.--Section 3482 of such title is amended by adding at the end the following new subsection: ``(i)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (4) Chapter 35.--Section 3532 of such title is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3501(a)(5) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. SEC. 6. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES AND ANNUAL INDEXING OF AMOUNT. (a) Maximum Loan Guaranty Based on 100 Percent of Freddie Mac Conforming Loan Rate.--Section 3703(a)(1) of title 38, United States Code, is amended by striking ``$60,000'' each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting ``the maximum guaranty amount (as defined in subparagraph (C))''. (b) Definition.--Such section is further amended by adding at the end the following new subparagraph: ``(C) In this paragraph, the term `maximum guaranty amount' means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.''.
Montgomery GI Bill for the 21st Century Act - Reduces, for purposes of certain student financial aid computations, the expected family contribution for individuals receiving educational assistance under the Montgomery GI Bill (MGIB) by an amount equal to the statutory reduction in basic pay or voluntary separation incentives for such individuals. Authorizes enrollment in the MGIB basic educational assistance program by certain individuals who participated in or were eligible to participate in the post-Vietnam era veteran's educational assistance program. Provides for commencement of the ten-year delimiting period for the receipt of certain training program benefits by veterans, survivors, and dependents upon commencement of such training. Makes MGIB educational benefits available for payment of fees associated with national admissions exams and national exams for credit at institutions of higher education. Increases the maximum loan guarantee amount for veterans seeking assistance under the Veterans Administration home loan guaranty program by indexing that amount to the Freddie Mac conforming loan limit, adjusted annually.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fisheries Restoration and Irrigation Mitigation Act of 2007''. SEC. 2. PRIORITY PROJECTS. Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended by striking ``$5,000,000'' and inserting ``$2,500,000''. SEC. 3. COST SHARING. Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) by striking ``The value'' and inserting the following: ``(1) In general.--The value''; and (2) by adding at the end the following: ``(2) Bonneville power administration.-- ``(A) In general.--The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. ``(B) Non-federal share.--Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the Program shall be credited toward the non-Federal share of the costs of the project.''. SEC. 4. REPORT. Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) by inserting ``any'' before ``amounts are made''; and (2) by inserting after ``Secretary shall'' the following: ``, after partnering with local governmental entities and the States in the Pacific Ocean drainage area,''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) in subsection (a), by striking ``2001 through 2005'' and inserting ``2008 through 2014''; and (2) in subsection (b), by striking paragraph (2) and inserting the following: ``(2) Administrative expenses.-- ``(A) Definition of administrative expense.--In this paragraph, the term `administrative expense' means, except as provided in subparagraph (B)(iii)(II), any expenditure relating to-- ``(i) staffing and overhead, such as the rental of office space and the acquisition of office equipment; and ``(ii) the review, processing, and provision of applications for funding under the Program. ``(B) Limitation.-- ``(i) In general.--Not more than 6 percent of amounts made available to carry out this Act for each fiscal year may be used for Federal and State administrative expenses of carrying out this Act. ``(ii) Federal and state shares.--To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)-- ``(I) 50 percent shall be provided to the State agencies provided assistance under the Program; and ``(II) an amount equal to the cost of 1 full-time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program. ``(iii) State expenses.--Amounts made available to States for administrative expenses under clause (i)-- ``(I) shall be divided evenly among all States provided assistance under the Program; and ``(II) may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with-- ``(aa) arranging meetings to promote the Program to potential applicants; ``(bb) assisting applicants with the preparation of applications for funding under the Program; and ``(cc) visiting construction sites to provide technical assistance, if requested by the applicant.''.
Fisheries Restoration and Irrigation Mitigation Act of 2007 - Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to direct the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to give priority to any project that has a total cost of less than $2.5 million (currently, $5 million). Authorizes the Secretary, without further appropriation and without fiscal year limitation, to accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. Requires: (1) any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried out under the Program to be credited toward the non-federal share of project costs; and (2) the Secretary's report on projects under such Act to be made after partnering with local governmental entities and the states in the Pacific Ocean drainage area (Oregon, Washington, Montana, and Idaho). Authorizes appropriations for the Act through FY2014. Sets forth limits and requirements on the amount that may be used each fiscal year for federal and state administrative expenses of carrying out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``New Mothers' Breastfeeding Promotion and Protection Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Women with infants and toddlers are the fastest growing segment of today's labor force. (2) At least 50 percent of women who are employed when they become pregnant return to the labor force by the time their children are 3 months old. (3) The American Academy of Pediatrics recommends breastfeeding for at least the first 12 months of a child's life. The Academy also recommends that arrangements be made to provide expressed breastmilk if mother and child must separate. (4) Breastmilk contains all the nutrients a child needs for ideal growth and development (including helpful antibodies, proteins, immune cells, and growth factors that can only be found in breastmilk), promotes closeness between mother and child, and is easy to digest. (5) Breastmilk is the first line of immunization defense and enhances the effectiveness of vaccines given to infants. (6) Research studies show that children who are not breastfed have higher rates of mortality, meningitis, some types of cancers, asthma and other respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections, allergies, and obesity. (7) Research studies have also shown that breastmilk and breastfeeding have protective effects against the development of a number of chronic diseases, including juvenile diabetes, lymphomas, Crohn's disease, celiac disease, some chronic liver diseases, and ulcerative colitis. (8) A number of recent studies have shown that breastfed children have higher IQs at all ages. (9) Breastfeeding promotion and support are an integral part of nutrition services provided by the Women, Infants, and Children (WIC) program, and has been shown to reduce costs. For example, in a recent cost-benefit study in the State of Colorado, it was found that exclusively breastfeeding a WIC infant saved $161 in the first 6 months of life when compared to formula-fed infants. A Medicaid savings of $112 per infant was realized by this group while pharmacy costs were approximately 50 percent lower. (10) In 1997 the United States had one of the lowest breastfeeding rates of all industrialized nations and one of the highest rates of infant mortality. (11) Breastfeeding has been shown to reduce the mother's risk of breast and ovarian cancer, hip fractures, and osteoporosis. (12) Breastfeeding releases a hormone in a woman's body that causes her uterus to return to its normal size and shape more quickly, and reduces blood loss after delivery. (13) Although title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) was amended by the Pregnancy Discrimination Act in 1978 to prohibit discrimination on the basis of pregnancy, childbirth, or related medical condition, courts have not interpreted this amendment to include breastfeeding despite the intent of the Congress to include it. (14) Women who wish to continue breastfeeding after returning to work have relatively few needs: availability of suitable, dependable, efficient breast pumps; a clean, convenient, safe, private, and comfortable location to express milk at the worksite; the opportunity to pump their breasts frequently enough to maintain their milk supply; and an adequate place to temporarily store expressed milk. (15) Many employers have seen positive results from facilitating lactation programs in the workplace, including low absenteeism, high productivity, high company loyalty, high employee morale, and lower health care costs. (16) Parental absenteeism due to infant illness is 3 times less among the parents of breastfed children than those that are formula fed. (17) Worksite programs that aim to improve infant health may also bring about a reduction in parental absenteeism and health insurance costs. (18) Many women do not have available to them adequate facilities for expressing milk at their workplace, and are forced to pump in restrooms lacking privacy, comfort, and cleanliness. Many employees do not have access to refrigeration or other adequate storage facilities for expressed milk. (19) Many employers deny women the opportunity to breastfeed or express milk. Some women have been discharged for requesting to breastfeed or express milk during lunch and other regular breaks. Some women have been harassed or discriminated against. Some women have had their pay withheld or been taken off of shift work for indicating their intention to express milk during the workday. (20) There are numerous products on the market to assist a woman in expressing milk, but not all such products are effective or efficient. There have been many reports from physicians and lactation consultants about breastfeeding failure due to the use of ineffective breast pumps. SEC. 3. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended-- (1) by inserting ``breastfeeding,'' after ``childbirth'', and (2) by adding at the end the following: ``For purposes of this subsection, the term `breastfeeding' means the feeding of a child directly from the breast or the expression of milk from the breast by a lactating woman.''. SEC. 4. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. (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. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. ``(a) In General.--For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed the product of-- ``(1) $10,000, and ``(2) the number determined by dividing the average number of full-time employees of the taxpayer during the preceding taxable year by 8,000. ``(c) Qualified Breastfeeding Promotion and Support Expenditure.-- For purposes of this section-- ``(1) In general.--The term `qualified breastfeeding promotion and support expenditure' means any amount paid or incurred in connection with a trade or business of the taxpayer-- ``(A) for breast pumps and other equipment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services under section 5 of the New Mothers' Breastfeeding Promotion and Protection Act of 1998, and ``(B) for consultation services to the taxpayer or employees of the taxpayer relating to breastfeeding. ``(2) Costs of other exclusive use property included.--Such term includes any amount paid or incurred for the acquisition or lease of tangible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is located in any residence of the taxpayer or any employee of the taxpayer. ``(d) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of 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 this section with respect to such property. The preceding sentence shall not apply to property leased to the taxpayer. ``(2) Recapture percentage.--For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: The recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 60 Year 3............................... 30 Year 4 or thereafter................. 0. The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4), and subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations prescribed by the Secretary. ``(2) Reduction in basis.--Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section. ``(3) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure for which a credit is determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12) and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(13) the breastfeeding promotion and support credit determined under section 45D(a).'' (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(9) No carryback of section 45d credit before january 1, 1999.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45D may be carried back to a taxable year beginning before January 1, 1999.''. (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. 45D. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 5. BREAST PUMPS. (a) Performance Standards.--The Secretary of Health and Human Services shall take such action as may be appropriate to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing such standard, the Secretary shall identify those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factcors related to communal use. Action for a performance standard shall be taken within one year of the date of the enactment of this Act. (b) Compliance Policy Guide.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. SEC. 6. FAMILY AND MEDICAL LEAVE FOR NURSING MOTHERS' BREAKS. (a) Private and Public Sector Employees.-- (1) Amendment.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Nursing mothers' breaks.--A lactating mother who is entitled to leave under paragraph (1)(A) or (1)(B) shall, during the first 12-month period for which the employee is entitled to such leave under paragraph (2), be given up to one hour in each 8 hour work day in such period to express milk for a child. The time may be taken in 2 one-half hour periods or in 3 20 minute periods. For work shifts longer or shorter than 8 hours proportional adjustments shall be made in the time given an employee to express milk for a child. The time taken will not be charged against the employee's entitlement to leave under paragraph (1). Unless otherwise deemed to be compensable hours of work under applicable Federal, State, or local law, employers are not required to compensate employees for time under this paragraph. Such an employee shall give the employee's employer notice, in accordance with subsection (e)(1), that the employee will want the time provided by this paragraph.''. (2) Intermittent leave.--The first sentence of section 102(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(b)) is amended by adding before the period the following: ``or unless the leave is taken under subsection (a)(3)''. (3) Regulations.--Within 180 days of the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations for the implementation of the amendment made by paragraph (1). (b) Federal Employees.-- (1) General rule.--Section 6382(a) of title 5, United States Code is amended by adding at the end the following: ``(3) An employee who is a lactating mother who is entitled to leave under paragraph (1)(A) or (1)B) shall, during the first 12-month period for which the employee is entitled to such leave under paragraph (2), be given up to one hour in each 8 hour work day in such period to express milk for the child. The time may be taken in 2 one-half hour periods or in 3 20 minute periods. For work shifts longer or shorter than 8 hours proportional adjustments shall be made in the time given an employee to express milk for a child. The time taken will not be charged against the employee's entitlement to leave under paragraph (1). Unless otherwise deemed to be compensable hours of work under applicable Federal law, employees are not required to be compensated for time under this paragraph. Such an employee shall give the employee's employer notice, in accordance with subsection (e)(1), that the employee will want the time provided by this paragraph.''. (2) Intermittent leave.--The first sentence of section 6382(b)(1) of title 5, United States Code, is amended by adding before the period the following: ``or unless the leave is taken under subsection (a)(3)''. (c) Purpose of Amendments.--The purpose of the amendments made by this section is to establish a legal minimum for the amount of time that a woman is entitled to express milk at the workplace. The amendments are not intended to preclude an employer from voluntarily providing more time for the employee to express milk or to diminish any rights the woman would otherwise have pursuant to the employer's sick leave or vacation policy or under the Family and Medical Leave Act of 1993. SEC. 7. CAMPAIGN REGARDING BREASTFEEDING AND HEALTH OF INFANTS. The Secretary of Health and Human Services, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and the heads of such other Federal agencies as the Secretary of Health and Human Services determines to be appropriate, shall undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families. Activities under the program shall include providing such education to public and private health professionals who provide health services under Federal programs (including health programs for Federal employees). SEC. 8. INCREASED SUPPORT FOR BREASTFEEDING PROMOTION AND SUPPORT ACTIVITIES UNDER THE WIC PROGRAM. Section 17(h)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(3)) is amended by adding at the end the following: ``(H) Notwithstanding any provision in this subsection that requires a State agency to fund breastfeeding promotion and support activities from amounts made available for nutrition services and administration, a State agency may use funds made available for food benefits under this section (including savings from infant formula cost containment) for such breastfeeding promotion and support activities.''.
New Mothers' Breastfeeding Promotion and Protection Act of 1998 - Amends the Civil Rights Act of 1964 to include breastfeeding or expression of milk from the breast to feed a child among those activities for which a woman may not be discriminated against in employment. (Sec. 4) Amends the Internal Revenue Code to allow a tax credit for 50 percent of employer expenses for providing an appropriate environment on business premises for employed mothers to breastfeed or express milk for their children. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under the Federal Food, Drug, and Cosmetic Act, identifying those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Requires the Secretary, acting through the Commissioner of Food and Drugs, to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information about breast pumps. (Sec. 6) Amends the Family and Medical Leave Act of 1993 (FMLA), and Federal civil service law, to require family and medical leave for nursing mothers' breaks, if the lactating mothers are entitled to specified leave as private or public employees under such law. Directs the Secretary of Labor to promulgate regulations to implement such FMLA requirement. (Sec. 7) Directs the Secretary of HHS, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and other appropriate Federal agency heads, to undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families, especially public and private health professionals providing health services under Federal programs (including those for Federal employees). (Sec. 8) Amends the Child Nutrition Act of 1966 to allow State agencies to use funds made available for food benefits (including savings from infant formula cost containment) for breastfeeding promotion and support activities under the special supplemental nutrition program for women, infants, and children (the WIC program).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Advanced Communications for Emergency Services Act of 2013'' or the ``PACES Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there are an estimated 302,000,000 active wireless mobile device users in the United States with an estimated 51,000,000 people in the United States living in households that rely solely on wireless communication devices (almost 25 percent of households in the United States), of which 21,000,000 are children; (2) people in the United States make more than 300,000 wireless E-9-1-1 (enhanced 9-1-1) calls daily; (3) a majority of 9-1-1 calls now originate from mobile devices, making an advanced wireless 9-1-1 service system a critical national asset for law enforcement, homeland security, and emergency responders who rely on this wireless location- based information to effectively dispatch assistance; (4) the Federal Communications Commission mandates all wireless phone carriers and IP-enabled voice service providers to provide services enabling users to dial 9-1-1 with a stated purpose of allowing government first responders, homeland security, police, fire and other government public safety officials the ability to accurately locate 9-1-1 callers using wireless devices; (5) the growing reliance of the people of the United States and public safety, homeland security, and law enforcement officials on emerging wireless technologies is leading to the need for national text to 9-1-1, as well as picture and video 9-1-1 capabilities from mobile devices; (6) emerging technologies can be a critical component of the end-to-end communications infrastructure connecting the public with emergency medical service providers and emergency dispatch providers, public safety, fire service, and law enforcement officials, and hospital emergency and trauma care facilities, to reduce emergency response times and provide appropriate care; (7) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; (8) wireless carriers and their vendors, in complying with the Federal mandate to provide E-9-1-1 location-based technology, have become targets of or been impacted by patent infringement lawsuits; (9) patent infringement lawsuits brought by what the Federal Trade Commission has termed ``Patent Assertion Entities'' are-- (A) compromising the ability of wireless carriers to provide current wireless 9-1-1 services; and (B) deterring the implementation of innovative new technologies that could meet next generation 9-1-1 public safety needs such as text, picture, and video 9- 1-1 capabilities; (10) section 1498 of title 28, United States Code, was designed to protect those required by the Government to provide a service ``by or for the United States'' while also providing legitimate patent holders with an appropriate means to recover reasonable and entire compensation for their patents; (11) this Act clarifies that patented technologies required to provide 9-1-1, enhanced 9-1-1, and other emergency communication services, as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b), are provided by and for the United States and with the authorization or consent of the United States for the purposes of section 1498 of title 28, United States Code; and (12) this Act does not modify or invalidate any patent, preserves all patent claims, and does not prevent patent litigation. SEC. 3. JURISDICTION FOR CLAIMS REGARDING OTHER EMERGENCY SERVICES. Section 1498 of title 28, United States Code, is amended by adding at the end the following: ``(f) Jurisdiction for Claims Regarding 9-1-1, Enhanced 9-1-1, or Other Emergency Communication Service.--Beginning after the date of enactment of this subsection, any action under section 271 of title 35 against a wireless carrier subject to section 20.18 of title 47, Code of Federal Regulations, or any successor thereto, or an IP-enable voice service provider subject to section 6(a) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a-1(a)), regarding the provision of 9-1-1, enhanced 9-1-1, or other emergency communications service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)), shall be filed in accordance with this section.''.
Protect Advanced Communications for Emergency Services Act of 2013 or the PACES Act - Requires any patent infringement action against certain wireless carriers (excluding mobile satellite service operators) or IP-enabled voice service providers based on their use of technologies complying with requirements of the Federal Communications Commission (FCC) to provide 9-1-1, enhanced 9-1-1, or other emergency communications services (such as the delivery of 9-1-1 calls with next generation text, picture, and video technologies capable of automatically identifying number and location information to emergency service personnel) to be filed in accordance with federal judicial code procedures under which a patent or copyright owner's remedy is by an action against the United States in the U.S. Court of Federal Claims. (Thus, specifies that such 9-1-1 services are provided by or for the United States with authorization or consent of the United States.)
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Super Pollutants Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) short-lived climate pollutants account for 40 percent of global warming impacting the atmosphere, even though those pollutants account for a much smaller percentage of warming agents, by weight; (2) reducing short-lived climate pollutant emissions could-- (A) prevent more than 2,000,000 premature deaths each year, according to the United Nations Environment Programme (UNEP); (B) prevent more than 30,000,000 tons of crop losses each year, according to UNEP; (C) cut the rate of sea-level rise by 25 percent, according to the National Center for Atmospheric Research and the Scripps Institution of Oceanography; (D) cut the rate of warming by up to 0.6 degrees Celsius by 2050, according to UNEP; and (E) significantly contribute toward the overall global target of holding increased warming below 2 degrees Celsius; (3) the United States is-- (A) 1 of the largest consumers of hydrofluorocarbons in the world; and (B) providing significant innovation in the development of low global warming potential (low-GWP) alternatives; (4) the United States could serve as a leader and exemplar of responsibly phasing down hydrofluorocarbon production and consumption; (5)(A) the Montreal Protocol on Substances that Deplete the Ozone Layer has been an extraordinarily successful model for protecting the stratospheric ozone layer and achieving significant climate protection cobenefits; and (B) since that treaty was signed in 1987, there has been a 98-percent reduction in ozone-depleting substances; and (6) the interagency Strategy to Reduce Methane Emissions, released in March 2014, outlines a proactive agenda for reducing methane leakage and waste throughout the United States economy. SEC. 3. DEFINITIONS. In this Act: (1) Short-lived climate pollutant.--The term ``short-lived climate pollutant'' means-- (A) black carbon; (B) methane; and (C) high global warming potential hydrofluorocarbons (referred to in this Act as ``high- GWP HFC''). (2) Task force.--The term ``Task Force'' means the Interagency Task Force on Short-Lived Climate Pollutant Mitigation established under section 4(a). SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT MITIGATION. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the President shall establish a task force, to be known as the ``Interagency Task Force on Short-Lived Climate Pollutant Mitigation''. (b) Membership.--The members of the Task Force shall include the head of each relevant Federal department or agency (or a designee), including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and the United States Agency for International Development. (c) Duties.--The Task Force shall-- (1) not later than 180 days after the date of enactment of this Act, submit to the appropriate congressional committees a report that includes-- (A) the plans of the relevant departments or agencies for meeting the goals established in section 2 of Executive Order 13514 (October 5, 2009) (74 Fed. Reg. 52117) to reduce hydrofluorocarbons, methane, and related indirect emissions (including tropospheric ozone) by the Federal Government; and (B) specific plans of the relevant departments or agencies-- (i) to purchase cleaner alternatives to high-GWP HFC whenever feasible; and (ii) to transition over time to equipment that uses safer and more sustainable alternatives to high-GWP HFC; (2) review the policy recommendations made by-- (A) the Interagency Climate Change Adaptation Task Force; (B) the Interagency Strategy to Reduce Methane Emissions; (C) the report to Congress regarding black carbon dated March 2012; and (D) the Council on Climate Preparedness and Resilience; (3) incorporate into the action plan of the Task Force any appropriate proposals or recommendations made by the entities or reports referred to in paragraph (2) that are relevant to short-lived climate pollutants; (4) identify relevant Federal programs that are or could be addressing the reduction of short-lived climate pollutants in the United States and worldwide; (5) identify overlapping and duplicative programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining; (6) identify gaps and serious deficiencies in United States programs targeted at short-lived climate pollutants, including those that can be achieved through a combination of assessment, scientific research, monitoring, and technological development activities, with an emphasis on industry standards and public- private partnerships; (7) in developing recommendations, consult with affected stakeholders in private industry; and (8) not later than 18 months after the date of enactment of this Act, submit to the appropriate congressional committees a report describing the findings and recommendations resulting from the activities described in paragraphs (2) through (7). SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. (a) Comprehensive Plan.-- (1) In general.--Through the membership of the United States in the International Maritime Organization, the Secretary of State, in consultation with the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions, based on appropriate emission data from oceangoing vessels provided on a voluntary basis, from international shipping through-- (A) a clean freight partnership; (B) the inclusion of limits on black carbon; and (C) efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities. (2) Roadmap.--A principal objective of the plan developed pursuant to paragraph (1) shall be the establishment, in coordination with the Department of Transportation, of a roadmap toward helping countries reduce fine-particle emissions (PM<INF>2.5</INF>) in the shipping sector through-- (A) the installation of advanced emissions controls; and (B) the reduction of sulfur content in fuels. (b) Black Carbon Emissions Reduction Goals.--Acting as chairperson of the Arctic Council, the Secretary of State shall-- (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal; and (2) encourage observers of the Arctic Council (including India and China) to adopt national black carbon emissions reduction goals and mitigation plans. (c) Climate and Clean Air Coalition.--Through the membership of the United States in the Climate and Clean Air Coalition to Reduce Short- Lived Climate Pollutants, the Secretary of State is encouraged-- (1) to work with the Coalition to craft specific financing mechanisms for the incremental cost of international black carbon mitigation activities; and (2) to request that the Coalition produce a report describing black carbon mitigation financing options. (d) Black Carbon Mitigation Activities.-- (1) Prioritization.--The Administrator of the United States Agency for International Development, in cooperation with the Administrator of the Environmental Protection Agency, shall-- (A) prioritize black carbon mitigation activities as part of official development assistance and programmatic activities; (B) give special emphasis to projects that produce substantial environmental, gender, livelihood, and public health benefits, including support for clean- burning cookstoves and fuels; and (C) work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions. (2) Emissions reductions.--The Secretary of State, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall provide additional aid to international efforts to reduce black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial processes by providing technical assistance-- (A) to help developing nations lower the sulfur content of diesel fuels; (B) to expand access to diesel particulate filters; (C) to provide vehicle manufacturers with low- emission engine designs; and (D) to develop other mitigation activities, including energy efficiency alternatives for generators and industrial processes. SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES. (a) Sense of Congress.-- (1) Actions by environmental protection agency.--It is the sense of Congress that the Administrator of the Environmental Protection Agency should-- (A) amend any regulations issued under section 608 of the Clean Air Act (42 U.S.C. 7671g)-- (i) to include hydrofluorocarbons; and (ii) to expand initiatives relating to the recovery and reclamation of hydrofluorocarbons; (B) cooperate with the Secretary of Energy in considering modifications to the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) to include refrigerant systems that-- (i) achieve best-in-class energy efficiency savings; and (ii) use low global warming potential refrigerants and foam-blowing agents; and (C) remove high-GWP HFC from the Significant New Alternatives Policy Program authorized under section 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for applications in which the Administrator has identified other alternatives that-- (i) are currently or potentially available; (ii) reduce the overall risk to human health and the environment; and (iii) take into consideration cost- effectiveness. (2) Sense of senate.--It is the sense of the Senate that United States leadership and full support of an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987, should ensure a smooth, technically feasible global transition away from high- GWP HFC. (b) Study on High-GWP HFC Alternatives.--Not later than 2 years after the date of enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency, in collaboration with the National Institute of Standards and Technology, shall-- (1) evaluate the availability of high-GWP HFC alternatives; and (2) submit to Congress a report that-- (A) identifies-- (i) the standards or regulatory barriers that are preventing the use of alternatives to high-GWP HFC in the United States that are in widespread use in other countries; (ii) any standards or regulations requiring revision; and (iii) any actions necessary to revise those standards or regulations; and (B) establishes a plan for revising the standards referred to in paragraph (1) in the shortest practicable timeframe. (c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.-- (1) In general.--Section 605 of the Clean Air Act (42 U.S.C. 7671d) is amended by adding at the end the following: ``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1 year after the date of enactment of the Super Pollutants Act of 2015, it shall be unlawful for any person to manufacture any uncharged hydrochlorofluorocarbon-22 air conditioning condensing equipment for residential use.''. (2) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations-- (A) to carry out the amendment made by paragraph (1); and (B) to reduce the allocation of HCFC-22 consumption allowances commensurate with anticipated decreased demand resulting from the prohibition of uncharged condensing equipment under subsection (e) of section 605 of the Clean Air Act (42 U.S.C. 7671d) (as added by paragraph (1)). (d) R-134a Automotive Air Conditioning Recharge Kits.-- (1) Study.--The Administrator of the Environmental Protection Agency shall conduct a study to determine the most effective method to minimize the inadvertent release of HFC- 134a from automotive air conditioning recharge kits at any time during which the recharge container is not being used. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains the results of the study conducted pursuant to paragraph (1). SEC. 7. REDUCTION OF METHANE EMISSIONS. (a) Technical Guidance.--The Secretary of State, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce shall-- (1) provide to other countries technical guidance regarding containment of emissions from gas drilling, landfills, coal mining, and agriculture in engaging with other governments, including trade delegations, under the auspices of international initiatives, such as the Global Shale Gas Initiative of the Department of State and the Global Methane Initiative; and (2) collaborate with-- (A) the Global Gas Flaring Reduction Partnership of the World Bank; and (B) the Global Methane Initiative, Natural Gas STAR Program, the Climate and Clean Air Coalition Oil and Gas Methane Partnership, and other voluntary reduction programs of the Environmental Protection Agency. (b) GAO Report.-- (1) In general.--The Comptroller General of the United States shall conduct a study that identifies-- (A) the types of equipment throughout the production value chain that are most likely to have high leak rates; and (B) voluntary efforts on replacing or monitoring those types of equipment. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the results of the examination conducted pursuant to paragraph (1). (c) Sense of Congress Regarding Financing Conditions.--It is the sense of Congress that, in evaluating gas and oil-related projects for financial support, the heads of the United States Export-Import Bank and the Overseas Private Investment Corporation should condition financing for those projects on-- (1) the deployment of the best technology, methods, and management practices for detecting and repairing leaks of methane throughout the oil and gas production, processing, transportation, and distribution system; (2) the minimization of venting and inefficient or unnecessary flaring; and (3) the deployment of best technology, methods, and management practices for reducing emissions of other air pollution, especially-- (A) volatile organic compounds; and (B) hazardous air pollutants.
Super Pollutants Act of 2015 This bill requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation. The Task Force must report on federal agencies' plans for reducing those pollutants, including: (1) black carbon (soot emissions), (2) methane, and (3) hydrofluorocarbons with high global warming potential (high-GWP HFC). The Department of State must develop a comprehensive plan to reduce black carbon emissions from international shipping, which must include a roadmap toward helping countries reduce fine-particle emissions from shipping. While acting as chairperson of the Arctic Council, the Secretary of State must: (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal, and (2) encourage observers of that Council to adopt national black carbon emissions reduction goals and mitigation plans. The U.S. Agency for International Development (USAID) must: (1) prioritize black carbon mitigation activities as part of aid distribution activities; (2) give special emphasis to projects that produce substantial environmental, gender, livelihood, and public health benefits; and (3) work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions. The State Department must provide technical assistance to aid international efforts in reducing black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial processes. The Department of Energy (DOE) and the Environmental Protection Agency (EPA) must: (1) evaluate the availability of high-GWP HFC alternatives, and (2) report on a plan for revising regulatory barriers that prevent the use of those alternatives. The bill amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. The EPA must study and report on the most effective method to minimize the inadvertent release of HFC-134a from automotive air conditioning recharge kits when the recharge container is not being used. The State Department, DOE, the EPA, and the Department of Commerce must provide to other countries technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. The Government Accountability Office must identify: (1) the types of equipment throughout the production value chain that are most likely to have high leak rates, and (2) voluntary efforts on replacing or monitoring those types of equipment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Education Loan Forgiveness Act of 2010''. SEC. 2. ENERGY EDUCATION LOAN FORGIVENESS. Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting after section 428L the following new section: ``SEC. 428M. ENERGY EDUCATION LOAN FORGIVENESS. ``(a) Purpose.--The purposes of this section are-- ``(1) to encourage individuals to enter and continue in advanced energy professions; and ``(2) to reward such individuals for their service in advanced energy professions by reducing the burden of student loan debt. ``(b) Program Authorized.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan obligation of a borrower, in the amount specified in subsection (c), who-- ``(A) has been employed for at least one calendar year after the date of enactment of the Energy Education Loan Forgiveness Act of 2010 as a full-time skilled energy worker trained in an industry that focuses on advanced energy (as defined in subsection (f)); and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Method of loan forgiveness.--To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan (as such term is defined in section 493C(a))); and ``(B) to cancel a qualified loan amount for a loan made under part D or part E of this title (other than such an excepted PLUS loan). ``(c) Qualified Loan Amount.--The Secretary shall, from funds appropriated under subsection (h), forgive the loan obligation of a borrower in accordance with this section and in the following increments: ``(1) After the first calendar year of employment described in subsection (b)(1), not more than $2,000 of the loan obligation of the borrower that is outstanding after the completion of such calendar year. ``(2) After the second such year of employment, not more than $2,500 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(3) After the third such year of employment, not more than $3,000 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(4) After the fourth such year of employment, not more than $4,500 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(5) After the fifth such year of employment, not more than $5,000 of the loan obligation of the borrower that is outstanding after the completion of such year. ``(d) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 428K or 455(m). ``(f) Definitions.--In this section: ``(1) Advanced energy.--The term `advanced energy' shall have the meaning given such term by the Secretary pursuant to subsection (g). ``(2) Industry that focuses on advanced energy.--The term `industry that focuses on advanced energy' means an industry the primary purpose of which is to develop, produce, and distribute advanced energy (as defined by the Secretary in accordance with subsection (g)), and includes the following industries: ``(A) Alternative energy, including wind and solar energy. ``(B) Nuclear energy. ``(C) Energy efficient construction, retrofitting, and design. ``(D) Sustainable energy technologies, including chemical technology, nanotechnology, and electrical technology. ``(E) Water and energy conservation. ``(F) Recycling and waste reduction. ``(G) Advanced agriculture and farming. ``(H) Carbon sequestration and storage. ``(I) Natural gas drilling. ``(J) Clean coal production. ``(3) Skilled energy worked.--The term `skilled energy worker' shall have the meaning given such term by the Secretary pursuant to subsection (g). ``(g) Regulations.-- ``(1) In general.--The Secretary is authorized to issue such regulations as may be necessary to carry out this section. ``(2) Consultation with secretary of energy.--The Secretary shall coordinate with the Secretary of Energy to promulgate regulations to define, for the purpose of awarding loan forgiveness under this section, the term `advanced energy', the term `skilled energy worker', and each of the categories of industries that focus on advanced energy that are listed under subsection (f)(2). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2011 and each of the 5 succeeding fiscal years.''.
Energy Education Loan Forgiveness Act of 2010 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to provide student loan forgiveness under the Federal Family Education Loan, Direct Loan, and Perkins Loans programs to individuals who have been employed for at least one year after this Act's enactment as full-time skilled energy workers in advanced energy industries. Limits the maximum amount of such loan forgiveness to $2,000 after the first year of a skilled energy worker's employment, with incremental increases after each of the following four years, reaching $5,000 of the loan obligation of the borrower outstanding after the completion of the fifth year. Includes as advanced energy industries those involved in: (1) alternative energy; (2) nuclear energy; (3) energy efficient construction, retrofitting, and design; (4) sustainable energy technologies; (5) water and energy conservation; (6) recycling and waste reduction; (7) advanced agriculture; (8) carbon sequestration and storage; (9) natural gas drilling; and (10) clean coal production.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Reform Act of 1997''. SEC. 2. PAYMENT OF UNITED STATES ARREARAGES IN ASSESSED CONTRIBUTIONS TO THE UNITED NATIONS. (a) Limitation.--Notwithstanding any other provision of law, for each of the fiscal years 1998 through 2002, no funds shall be available for obligation or expenditure to the United Nations for the payment except under procedures of United States assessed contributions to the United Nations more than one year in arrears at the time of passage of this Act under United States Government accounting except under procedures under subsection (b); (b) Procedures for the Release of United States Arrearages to the United Nations.--In accordance with procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956, for each fiscal year 1998 through 2002, the President may make available for obligation or expenditure to the United Nations an amount not to exceed 20% of United States assessed contributions to the United Nations more than one year in arrears at the time of passage of this Act under United States Government accounting if on January 31 of each fiscal year 1998 through 2002 the President determines and certifies to the relevant committees of the Congress that the applicable reform criteria for each fiscal year has been met. (c) Definitions.--As used in this section: (1) Relevant committees of the congress.--The term ``relevant committees of the Congress'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (2) Applicable reform criteria.--The term ``applicable reform criteria'' means-- (A) for fiscal year 1998 that the United Nations has maintained a zero nominal growth budget in United States dollar terms and has made all of its programs, offices and activities open to auditing by the national auditing and inspecting agencies of its member states to include, but not be limited to the United States General Accounting Office and the State Department Office of Inspector General, that the United Nations Office of Internal Oversight Services has been fully funded at its request level, and that all products of the Office of Internal Oversight Services relevant to United Nations budgetary and administrative matters are available to all United Nations member states; (B) for fiscal year 1999 that all criteria for fiscal year 1998 continue to be met and that United States representation on the United Nations Advisory Committee on Administrative and Budgetary Questions has been restored; (C) for fiscal year 2000 that all criteria for fiscal years 1998 and 1999 continue to be met and that procedures for assessing contributions for United Nations peacekeeping activities have been reformed to ensure that for all logistical, in-kind, and non-cash aid provided by the United States to support United Nations assessed peacekeeping activities that the United States either receives from the United Nations cash reimbursement for the full value of such aid or credit toward the payment of assessed contributions for peacekeeping operations; (D) for fiscal year 2001 that all criteria for fiscal years 1998 through 2000 continue to be met and that the United Nations has divided its regular budget into a small ``core'' assessed budget representing only those activities determined by the General Accounting Office to be necessary for the United Nations to maintain its existence under the terms of the United Nations Charter and a voluntary ``program'' budget that would include all United Nations programs, developmental activities, regional activities, economic and social activities, and related staff; and (E) for fiscal year 2002 that all criteria for fiscal years 1998 through 2001 continue to be met and that the United Nations has approved and implemented systemwide structural reform, entailing a significant reduction in staff, that would eliminate all outdated activities and program duplication and would encompass all relevant United Nations specialized agencies.
United Nations Reform Act of 1997 - Authorizes the President to make available for obligation to the United Nations (UN) no more than 20 percent of U.S. assessed contributions that are more than one year in arrears, provided that on January 31 of each of FY 1998 through 2002 the President certifies to relevant congressional committees that the UN has a zero nominal growth budget and met other applicable reform criteria during the preceding fiscal year. Sets forth a schedule for the UN to meet specified requirements for auditing, staff reduction, program elimination, restoration of U.S. representation on the UN Advisory Committee on Administrative and Budgetary Questions, and establishment of procedures to reimburse U.S. contributions to peacekeeping activities.
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SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2005''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'') for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)-- (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; and (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Comptroller General of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) 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. (j) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e).
Faster FOIA Act of 2005 - Establishes a 16-member Commission on Freedom of Information Act Processing Delays to conduct a study concerning methods to reduce delays in processing Freedom of Information Act (FOIA) requests submitted to Federal agencies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water for Rural Communities Act''. SEC. 2. PURPOSE. The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of-- (1) Dawson, Garfield, McCone, Prairie, Richland, Judith Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and Musselshell Counties in the State of Montana; and (2) McKenzie County, North Dakota. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Western Area Power Administration. (2) Authority.--The term ``Authority'' means-- (A) in the case of the Dry-Redwater Regional Water Authority System-- (i) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and (ii) any nonprofit successor entity to the Authority described in clause (i); and (B) in the case of the Musselshell-Judith Rural Water System-- (i) the Central Montana Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and (ii) any nonprofit successor entity to the Authority described in clause (i). (3) Dry-redwater regional water authority system.--The term ``Dry-Redwater Regional Water Authority System'' means the Dry- Redwater Regional Water Authority System authorized under section 4(a)(1) with a project service area that includes-- (A) Garfield and McCone Counties in the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties in the State; (C) T. 15 N. (including the area north of the Township) in Prairie County in the State; and (D) the portion of McKenzie County, North Dakota, that includes all land that is located west of the Yellowstone River in the State of North Dakota. (4) Integrated system.--The term ``integrated system'' means the transmission system owned by the Western Area Power Administration Basin Electric Power District and the Heartland Consumers Power District. (5) Musselshell-judith rural water system.--The term ``Musselshell-Judith Rural Water System'' means the Musselshell-Judith Rural Water System authorized under section 4(a)(2) with a project service area that includes-- (A) Judith Basin, Wheatland, Golden Valley, and Musselshell Counties in the State; (B) the portion of Yellowstone County in the State within 2 miles of State Highway 3 and within 4 miles of the county line between Golden Valley and Yellowstone Counties in the State, inclusive of the Town of Broadview, Montana; and (C) the portion of Fergus County in the State within 2 miles of U.S. Highway 87 and within 4 miles of the county line between Fergus and Judith Basin Counties in the State, inclusive of the Town of Moore, Montana. (6) Non-federal distribution system.--The term ``non- Federal distribution system'' means a non-Federal utility that provides electricity to the counties covered by the Dry- Redwater Regional Water Authority System. (7) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means the State of Montana. (10) Water system.--The term ``Water System'' means-- (A) the Dry-Redwater Regional Water Authority System; and (B) the Musselshell-Judith Rural Water System. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL- JUDITH RURAL WATER SYSTEM. (a) Authorization.--The Secretary may carry out-- (1) the project entitled the ``Dry-Redwater Regional Water Authority System'' in a manner that is substantially in accordance with the feasibility study entitled ``Dry-Redwater Regional Water System Feasibility Study'' (including revisions of the study), which received funding from the Bureau of Reclamation on September 1, 2010; and (2) the project entitled the ``Musselshell-Judith Rural Water System'' in a manner that is substantially in accordance with the feasibility report entitled ``Musselshell-Judith Rural Water System Feasibility Report'' (including any and all revisions of the report). (b) Cooperative Agreement.--The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water Systems. (c) Cost-Sharing Requirement.-- (1) Federal share.-- (A) In general.--The Federal share of the costs relating to the planning, design, and construction of the Water Systems shall not exceed-- (i) in the case of the Dry-Redwater Regional Water Authority System-- (I) 75 percent of the total cost of the Dry-Redwater Regional Water Authority System; or (II) such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation, in a feasibility report; or (ii) in the case of the Musselshell-Judith Rural Water System, 75 percent of the total cost of the Musselshell-Judith Rural Water System. (B) Limitation.--Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Use of federal funds.-- (A) General uses.--Subject to subparagraphs (B) and (C), the Water Systems may use Federal funds made available to carry out this section for-- (i) facilities relating to-- (I) water pumping; (II) water treatment; and (III) water storage; (ii) transmission pipelines; (iii) pumping stations; (iv) appurtenant buildings, maintenance equipment, and access roads; (v) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (viii) any property or property right required for the construction or operation of a facility described in this subsection. (B) Additional uses.--In addition to the uses described in subparagraph (A)-- (i) the Dry-Redwater Regional Water Authority System may use Federal funds made available to carry out this section for-- (I) facilities relating to water intake; and (II) distribution, pumping, and storage facilities that-- (aa) serve the needs of citizens who use public water systems; (bb) are in existence on the date of enactment of this Act; and (cc) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (b); and (ii) the Musselshell-Judith Rural Water System may use Federal funds made available to carry out this section for-- (I) facilities relating to-- (aa) water supply wells; and (bb) distribution pipelines; and (II) control systems. (C) Limitation.--Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water Systems. (D) Title.--Title to the Water Systems shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Finding.--Congress finds that-- (1) McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed; and (2) as a result of the designation, the Counties referred to in paragraph (1) were to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of Power.-- (1) In general.--Subject to paragraph (2), the Administrator shall make available to the Dry-Redwater Regional Water Authority System a quantity of power required, of up to 1\1/2\ megawatt capacity, to meet the pumping and incidental operation requirements of the Dry-Redwater Regional Water Authority System during the period beginning on May 1 and ending on October 31 of each year-- (A) from the water intake facilities; and (B) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. (2) Eligibility.--The Dry-Redwater Regional Water Authority System shall be eligible to receive power under paragraph (1) if the Dry-Redwater Regional Water Authority System-- (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(b). (3) Rate.--The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Additional power.-- (A) In general.--If power, in addition to that made available to the Dry-Redwater Regional Water Authority System under paragraph (1), is necessary to meet the pumping requirements of the Dry-Redwater Regional Water Authority, the Administrator may purchase the necessary additional power at the best available rate. (B) Reimbursement.--The cost of purchasing additional power shall be reimbursed to the Administrator by the Dry-Redwater Regional Water Authority. (5) Responsibility for power charges.--The Dry-Redwater Regional Water Authority shall be responsible for the payment of the power charge described in paragraph (4) and non-Federal delivery costs described in paragraph (6). (6) Transmission arrangements.-- (A) In general.--The Dry-Redwater Regional Water Authority System shall be responsible for all non- Federal transmission and distribution system delivery and service arrangements. (B) Upgrades.--The Dry-Redwater Regional Water Authority System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Dry-Redwater Regional Water Authority System. SEC. 6. WATER RIGHTS. Nothing in this Act-- (1) preempts or affects any State water law; or (2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out the planning, design, and construction of the Water Systems, substantially in accordance with the cost estimate set forth in the applicable feasibility study or feasibility report described in section 4(a). (b) Cost Indexing.-- (1) In general.--The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after the applicable date specified in paragraph (2), as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water Systems. (2) Applicable dates.--The date referred to in paragraph (1) is-- (A) in the case of the Dry-Redwater Regional Water Authority System, January 1, 2008; and (B) in the case of the Musselshell-Judith Rural Water Authority System, November 1, 2014.
Clean Water for Rural Communities Act This bill authorizes the Department of the Interior to carry out the projects entitled: (1) the "Dry-Redwater Regional Water Authority System" in accordance with the Dry-Redwater Regional Water System Feasibility Study, which received funding from the Bureau of Reclamation on September 1, 2010; and (2) the "Musselshell-Judith Rural Water System" in accordance with the Musselshell-Judith Rural Water System Feasibility Report. The bill defines the service areas of such projects in North Dakota and Montana. Interior must enter into a cooperative agreement with the Dry-Redwater Regional Water Authority and the Central Montana Regional Water Authority to provide federal assistance for the planning, design, and construction of such water systems. The bill sets forth the federal share of such costs and the authorized uses of federal funds, which exclude operation, maintenance, or replacement of the water systems. The Western Area Power Administration must make available to the Dry-Redwater System a quantity of power (up to one and a half megawatt capacity) required to meet the system's pumping and incidental operation requirements between May 1 and October 31 of each year: (1) from the water intake facilities; and (2) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. The system is eligible to receive such power only if it: (1) operates on a nonprofit basis, and (2) is constructed pursuant to the cooperative agreement with the Dry-Redwater Regional Water Authority. The bill provides for the purchase of additional power. The authority is responsible for: (1) charges for such additional power, (2) the costs of non-federal transmission and distribution system delivery and service arrangements, and (3) funding any upgrades to the transmission system owned by the Western Area Power Administration Basin Electric Power District and the Heartland Consumers Power District required to deliver power to the system. The bill authorizes appropriations and adjustments in authorized amounts in accordance with ordinary fluctuations in development costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Generator Safety Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2) In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 1990 through 2003, 228 carbon monoxide poisoning deaths were reported to the Consumer Product Safety Commission. (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4) Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. Although the Commission has attempted to work with industry to devise voluntary standards for portable generators, and despite Commission staff statements that voluntary standards were ineffective, the Commission has not promulgated mandatory rules governing safety standards and labeling requirements. (5) The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death. SEC. 3. SAFETY STANDARD. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding such portable generator and automatically turns off power to the portable generator before the level of carbon monoxide is capable of causing serious bodily injury or death to people. SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1) Warning labels.--Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ``DANGER'' printed in a large font, and shall include the following information, at a minimum, presented in a clear manner: (A) Indoor use of a portable generator can kill quickly. (B) Portable generators should be used outdoors only and away from garages and open windows. (C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2) Pictogram.--Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ``POISONOUS GAS'' and visually depicts the harmful effects of breathing carbon monoxide. (3) Instruction Manual.--The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B) A warning that people cannot smell, see, or taste carbon monoxide. (C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D) An instruction to never operate portable generators inside homes, garages, sheds, or other semi- enclosed spaces, even if a person runs a fan or opens doors and windows. (E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor. D23/
Portable Generator Safety Act - Instructs the Consumer Product Safety Commission to promulgate regulations requiring that every portable generator sold to the public for purposes other than resale be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding the generator and automatically turns off power to it before the level of carbon monoxide is capable of causing serious bodily injury or death to people. Requries such regulations also to require that every such portable generator: (1) prominently display a permanently affixed warning label regarding the carbon monoxide hazard posed by its incorrect use, including the word "DANGER" printed in a large font; and (2) have affixed to it a large pictogram which clearly states "POISONOUS GAS" and visually depicts the harmful effects of breathing carbon monoxide.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, over 78,000,000 adults in the United States are obese. (2) Over 40 percent of women over age 60 and over 35 percent of men over age 60 are obese. (3) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (4) Forty-nine percent of Americans have at least one chronic disease. (5) In 2008, in the United States, health care costs associated with obesity reached $147,000,000,000. (6) Seventy-five percent of Americans will be overweight or obese by 2020. (7) Forty-two percent of Americans will be obese by 2030, resulting in up to $550,000,000,000 in associated health care costs. SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF INTENSIVE BEHAVIORAL THERAPY FOR OBESITY IN THE MEDICARE AND YOU HANDBOOK AND ADDITIONAL NOTIFICATION OF BENEFICIARIES AND PROVIDERS. (a) Inclusion of Information on Coverage in the Medicare and You Handbook.-- (1) In general.--Section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``, and''; and (C) by inserting after paragraph (3) the following new paragraph: ``(4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy.''. (2) Effective date.--The amendments made by this subsection shall apply to notices distributed on or after the date of enactment of this Act. (b) New Notification of Benefit for Medicare Beneficiaries.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall provide to Medicare beneficiaries distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as an additional preventive service. (c) Notification of Benefit for Medicare Providers.--Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4) The Secretary shall provide to primary care physicians and other providers of services and suppliers determined appropriate by the Secretary distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under this title as an additional preventive service. Such notification shall be provided annually for the first 3 years following the date of enactment of the Treat and Reduce Obesity Act of 2012 and, after such 3-year period, as the Secretary determines appropriate.''. SEC. 4. PLAN FOR COORDINATION OF HHS EFFORTS; PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH AUTHORITY TO COORDINATE PROGRAMS TO PREVENT AND TREAT OBESITY AND EXPAND COVERAGE OPTIONS FOR OBESITY UNDER MEDICARE. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(5)(A) Not later than 1 year after the date of enactment of the Treat and Reduce Obesity Act of 2012, the Secretary shall develop and implement a plan to coordinate the efforts of all offices and agencies of the Department of Health and Human Services (such as the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Health Resources and Services Administration, and other offices and agencies) to treat, reduce, and prevent obesity and overweight in the adult population. Beginning 2 years after such date of enactment, the Secretary shall annually update such plan. ``(B) In developing and implementing the plan under subparagraph (A), the Secretary shall work with at least 5 representatives, selected by the Secretary, of expert organizations (such as public health associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, patient groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary). ``(C) The plan under subparagraph (A) shall include the following: ``(i) Strategies to comprehensively treat and reduce overweight and obesity. ``(ii) A description of-- ``(I) the coordination of interagency cooperation under the plan; and ``(II) actions under the plan related to the treatment and reduction of overweight and obesity in the United States. ``(iii) Identification of best practices in States, communities, organizations, businesses, and other entities as appropriate, regarding treatment of overweight and obesity. ``(iv) A description of collaboration with States, communities, organizations, businesses, and other appropriate entities to evaluate the effectiveness of obesity and overweight interventions under the plan. ``(v) Research initiatives, including ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assurances for adequate and consistent funding to support data collection and analysis to inform policy under the plan. ``(vi) Recommendations for the coordination of budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively treat overweight and obesity. ``(D) Not later than 24 months after the date of enactment of the Treat and Reduce Obesity Act of 2012, and on an annual basis thereafter, the Secretary shall submit to the President and to the relevant committees of Congress, a report that-- ``(i) summarizes the plan under subparagraph (A) to coordinate interagency efforts surrounding the treatment, reduction, and prevention of obesity and overweight, including a detailed strategic plan with recommendations for each office and agency involved; ``(ii) in the case of the second report submitted under this subparagraph (and each subsequent report), evaluates the effectiveness of those coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals; and ``(iii) makes recommendations for updating the plan for the following year based on data and findings from the previous year. ``(E) There is authorized to be appropriated to carry out this paragraph, $5,000,000 for the period of fiscal years 2014 through 2023, to remain available until expended.''. SEC. 5. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by sections 3 and 4, is amended by adding at the end the following new paragraph: ``(6) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, allow other appropriate health care providers (such as physicians with other primary specialty designations, licensed professional counselors, and registered dieticians), instructors trained in lifestyle counseling programs such as the Diabetes Prevention Program, and programs recognized by the Centers for Disease Control and Prevention to provide intensive behavioral therapy for obesity.''. SEC. 6. PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH THE AUTHORITY TO INCLUDE CHRONIC WEIGHT MANAGEMENT DRUGS AS MEDICARE COVERED PART D DRUGS. (a) In General.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended by adding at the end of the flush matter following subparagraph (B) the following new sentence ``Notwithstanding any other provision of this section, such term also includes a drug described in the second sentence of section 1927(d)(2)(A) (relating to drugs used for weight management) if the Secretary determines that coverage of such a drug under this part is appropriate.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.
Treat and Reduce Obesity Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to give Medicare beneficiaries, primary care physicians, and other appropriate service providers and suppliers distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under Medicare as an additional preventive service. Directs the Secretary to develop and implement a plan to coordinate the efforts of all HHS offices and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to allow other appropriate health care providers, instructors trained in lifestyle counseling programs such as the Diabetes Prevention Program, and programs recognized by the Centers for Disease Control and Prevention (CDC) to provide intensive behavioral therapy for obesity. Authorizes the Secretary to cover chronic weight management drugs under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) if the Secretary determines that such coverage is appropriate.
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SECTION 1. CHILD SUPPORT AUDIT ADVISORY COMMITTEE. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall establish a committee which shall be known as the Child Support Audit Advisory Committee (in this Act referred to as the ``Committee''). (b) Duties.--The Committee shall assist the Secretary in-- (1) developing revised audit criteria and standards to be used pursuant to section 452(a)(4) of the Social Security Act based on-- (A) common data elements which are defined, collected, and reported in a uniform manner from each State; (B) numeric measures of the outcomes of the child support enforcement program under part D of title IV of such Act; and (C) numeric measures for assessing compliance with the regulations issued by the Secretary pursuant to subsections (h) and (i) of section 452 of such Act; (2) formulating a definition of substantial compliance that is based on such revised audit criteria and standards; (3) determining the period of time after interim or final Federal regulations are issued implementing such revised audit criteria and standards after which a State may be audited to determine compliance with such regulations; and (4) recommending to the Congress such legislation as may be necessary, with respect to the financing of State child support programs under part D of title IV of such Act, to enhance the effectiveness of audits required to be conducted under section 452(a)(4) of such Act and the associated penalty process under section 403(h) of such Act. (c) Membership.--The Committee shall be composed of not less than 6 members appointed by the Secretary, including-- (1) at least 1 director of a State child support enforcement program operating under part D of title IV of the Social Security Act; (2) at least 1 commissioner of a State human services agency; (3) individuals who have demonstrated expertise in the development of quantitative and qualitative measures for performance-based audits; and (4) at least 2 representatives of recipients of child support enforcement services. (d) Procedure.-- (1) Participation of the secretary.--The Secretary (or a designee of the Secretary) shall be an ex officio member of the Committee, and shall not vote on matters before the Committee. (2) Meetings.--The Committee shall meet at the call of the Secretary or a designee of the Secretary. (e) Compensation.-- (1) In general.--No member of the Committee may receive compensation for service on the Committee. (2) Travel expenses.--Each member of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Administrative Support.--Upon request of the Committee, the Secretary shall provide to the Committee the administrative support services necessary for the Committee to carry out its duties under this Act. (g) Inapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act shall not apply to the Committee. (h) Report.--Within 180 days after the date of the enactment of this Act, the Committee shall submit to the Secretary a report that contains proposed criteria and standards for conducting audits under section 452(a)(4) of the Social Security Act, which emphasize program outcomes. SEC. 2. NEW CHILD SUPPORT AUDIT PROCESS. (a) In General.--After consultation with the Committee, the Secretary shall-- (1) in accordance with subsection (b), promulgate new criteria and standards for conducting audits under section 452(a)(4) of the Social Security Act, which emphasize program outcomes; and (2) not later than the 1st day of the 12th calendar month beginning after the date of the enactment of this Act, recommend to the Congress such legislation as may be necessary, with respect to the financing of State child support programs under part D of title IV of the Social Security Act, to enhance the effectiveness of such audits and the associated penalty process under section 403(h) of the Social Security Act. (b) Timing.-- (1) Notice of proposed rulemaking.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking with respect to the audit criteria and standards required by subsection (a)(1). (2) Final regulations.--Not later than the first day of the 12th calendar month beginning after the date of the enactment of this Act, and after allowing not less than 45 days for public comment on the proposed rulemaking required by paragraph (1) of this subsection, the Secretary shall issue final regulations with respect to the audit criteria and standards required by subsection (a)(1).
Directs the Secretary of Health and Human Services to: (1) establish the Child Support Audit Advisory Committee to assist in developing new criteria and standards for audits of State child support agencies which emphasize program outcomes; and (2) issue final regulations to implement such criteria and standards.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Litigation Savings Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)---- (i) by inserting after the first sentence the following: ``Fees and other expenses may be awarded under this subsection only to a prevailing party who has a direct and personal interest in the adversary adjudication because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the adjudication, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise.''; and (ii) by adding at the end the following: ``The agency conducting the adversary adjudication shall make any party against whom the adjudication is brought, at the time the adjudication is commenced, aware of the provisions of this section.''; and (B) in paragraph (3), in the first sentence-- (i) by striking ``may reduce'' and inserting ``shall reduce''; and (ii) by striking ``unduly and unreasonably'' and inserting ``unduly or unreasonably''; (2) in subsection (b)(1)-- (A) in subparagraph (A)(ii), by striking ``$125 per hour'' and all that follows through the end and inserting ``$200 per hour.);''; and (B) in subparagraph (B)(ii), by striking ``; except that'' and all that follows through ``section 601;'' and inserting ``except that-- ``(I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and ``(II) for purposes of subclause (I)-- ``(aa) a `parent entity' of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and ``(bb) a `subsidiary' of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;''; (3) in subsection (c)(1), by striking ``, United States Code''; and (4) by adding at the end the following new subsection: ``(g) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended-- (1) by amending paragraph (1)(A) to read as follows: ``(A) Except as otherwise specifically provided by statute, a court, in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, shall award to a prevailing party (other than the United States) fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in the civil action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Fees and other expenses may be awarded under this paragraph only to a prevailing party who has a direct and personal interest in the civil action because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the civil action, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise.''; (2) in paragraph (1)(C)-- (A) by striking ``court, in its discretion, may'' and inserting ``court shall''; and (B) by striking ``unduly and unreasonably'' and inserting ``unduly or unreasonably''; (3) in paragraph (2)-- (A) in subparagraph (A)(ii), by striking ``$125'' and all that follows through the end and inserting ``$200 per hour.);''; (B) in subparagraph (B)(ii), by striking ``; except that'' and all that follows through ``section 601 of Title 5;'' and inserting ``except that-- ``(I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and ``(II) for purposes of subclause (I)-- ``(aa) a `parent entity' of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and ``(bb) a `subsidiary' of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;''; and (4) by adding at the end the following: ``(5) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title'' and inserting ``of this title''. (d) Effective Date.-- (1) In general.-- Subject to paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) Applicability of certain amendments.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made under section 504 of title 5, United States Code, or section 2412(d) of title 28, United States Code, on or after the date of the enactment of this Act.
Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government. Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, determination of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest. Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy. Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees. Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Research Act of 1993''. SEC. 2. ESTABLISHMENT OF OFFICE OF RESEARCH ON WOMEN'S HEALTH. (a) In General.--Title IV of the Public Health Service Act, as amended by section 2 of Public Law 101-613, is amended-- (1) by redesignating section 486 as section 485A; (2) by redesignating parts F through H as parts G through I, respectively; and (3) by inserting after part E the following new part: ``Part F--Research on Women's Health ``SEC. 486. OFFICE OF RESEARCH ON WOMEN'S HEALTH. ``(a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Research on Women's Health (in this part referred to as the `Office'). The Office shall be headed by a director, who shall be appointed by the Director of NIH. ``(b) Purpose.--The Director of the Office shall-- ``(1) identify projects of research on women's health that should be conducted or supported by the national research institutes; ``(2) identify multidisciplinary research relating to research on women's health that should be so conducted or supported; ``(3) carry out paragraphs (1) and (2) with respect to the aging process in women, with priority given to menopause; ``(4) promote coordination and collaboration among entities conducting research identified under any of paragraphs (1) through (3); ``(5) encourage the conduct of such research by entities receiving funds from the national research institutes; ``(6) recommend an agenda for conducting and supporting such research; ``(7) promote the sufficient allocation of the resources of the national research institutes for conducting and supporting such research; ``(8) ensure that women are appropriately represented as subjects in projects of clinical research conducted or supported by the national research institutes; and ``(9) prepare the report required in section 486B. ``(c) Coordinating Committee.-- ``(1) In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Research on Women's Health (hereafter in this subsection referred to as the `Coordinating Committee'). ``(2) The Coordinating Committee shall be composed of the Directors of the national research institutes (or the designees of the Directors). ``(3) The Director of the Office shall serve as the chair of the Coordinating Committee. ``(4) With respect to research on women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for such research, and making an estimate each fiscal year of the funds needed to adequately support the research; ``(B) identifying needs regarding the coordination of research activities, including intramural and extramural multidisciplinary activities; ``(C) supporting the development of methodologies to determine the circumstances in which obtaining data specific to women (including data relating to the age of women and the membership of women in ethnic or racial groups) is an appropriate function of clinical trials of treatments and therapies; ``(D) supporting the development and expansion of clinical trials of treatments and therapies for which obtaining such data has been determined to be an appropriate function; and ``(E) encouraging the national research institutes to conduct and support such research, including such clinical trials. ``(d) Advisory Committee.-- ``(1) In carrying out subsection (b), the Director of the Office shall establish an advisory committee to be known as the Advisory Committee on Research on Women's Health (hereafter in this subsection referred to as the `Advisory Committee'). ``(2) The Advisory Committee shall be composed of no fewer than 12, and not more than 18 individuals, who are not officers or employees of the Federal Government. The Director of the Office shall make appointments to the Advisory Committee from among physicians, practitioners, scientists, and other health professionals, whose clinical practice, research specialization, or professional expertise includes a significant focus on research on women's health. A majority of the members of the Advisory Committee shall be women. ``(3) The Director of the Office shall serve as the chair of the Advisory Committee. ``(4) The Advisory Committee shall-- ``(A) advise the Director of the Office on appropriate research activities to be undertaken by the national research institutes with respect to-- ``(i) research on women's health; ``(ii) research on gender differences in clinical drug trials, including responses to pharmacological drugs; ``(iii) research on gender differences in disease etiology, course, and treatment; ``(iv) research on obstetrical and gynecological health conditions, diseases, and treatments; and ``(v) research on women's health conditions which require a multidisciplinary approach; ``(B) report to the Director of the Office on such research; ``(C) provide recommendations to such Director regarding activities of the Office (including recommendations on the development of the methodologies described in subsection (c)(4)(C) and recommendations on priorities in carrying out research described in subparagraph (A)); and ``(D) assist in monitoring compliance with section 486(b)(8) regarding the inclusion of women in clinical research. ``(5)(A) The Advisory Committee shall prepare a biennial report describing the activities of the Committee, including findings made by the Committee regarding-- ``(i) compliance with section 486(b)(8); ``(ii) the extent of expenditures made for research on women's health by the agencies of the National Institutes of Health; and ``(iii) the level of funding needed for such research. ``(B) The report required in subparagraph (A) shall be submitted to the Director of NIH for inclusion in the report required in section 403. ``(e) Representation of Women Among Researchers.--The Secretary, acting through the Assistant Secretary for Personnel and in collaboration with the Director of the Office, shall determine the extent to which women are represented among senior physicians and scientists of the national research institutes and among physicians and scientists conducting research with funds provided by such institutes, and as appropriate, carry out activities to increase the extent of such representation. ``(f) Definitions.--For purposes of this part: ``(1) The term `women's health conditions', with respect to women of all age, ethnic, and racial groups, means all diseases, disorders, and conditions (including with respect to mental health)-- ``(A) unique to, more serious, or more prevalent in women; ``(B) for which the factors of medical risk or types of medical intervention are different for women, or for which it is unknown whether such factors or types are different for women; or ``(C) with respect to which there has been insufficient clinical research involving women as subjects or insufficient clinical data on women. ``(2) The term `research on women's health' means research on women's health conditions, including research on preventing such conditions. ``SEC. 486A. NATIONAL DATA SYSTEM AND CLEARINGHOUSE ON RESEARCH ON WOMEN'S HEALTH. ``(a) Data System.-- ``(1) The Director of NIH, in consultation with the Director of the Office, shall establish a data system for the collection, storage, analysis, retrieval, and dissemination of information regarding research on women's health that is conducted or supported by the national research institutes. Information from the data system shall be available through information systems available to health care professionals and providers, researchers, and members of the public. ``(2) The data system established under paragraph (1) shall include a registry of clinical trials of experimental treatments that have been developed for research on women's health. Such registry shall include information on subject eligibility criteria, sex, age, ethnicity or race, and the location of the trial site or sites. Principal investigators of such clinical trials shall provide this information to the registry within 30 days after it is available. Once a trial has been completed, the principal investigator shall provide the registry with information pertaining to the results, including potential toxicities or adverse effects associated with the experimental treatment or treatments evaluated. ``(b) Clearinghouse.--The Director of NIH, in consultation with the Director of the Office and with the National Library of Medicine, shall establish, maintain, and operate a program to provide information on research and prevention activities of the national research institutes that relate to research on women's health. ``SEC. 486B. BIENNIAL REPORT. ``(a) In General.--With respect to research on women's health, the Director of the Office shall, not later than February 1, 1994, and biennially thereafter, prepare a report-- ``(1) describing and evaluating the progress made during the preceding 2 fiscal years in research and treatment conducted or supported by the National Institutes of Health; ``(2) describing and analyzing the professional status of women physicians and scientists of such Institutes, including the identification of problems and barriers regarding advancements; ``(3) summarizing and analyzing expenditures made by the agencies of such Institutes (and by such Office) during the preceding 2 fiscal years; and ``(4) making such recommendations for legislative and administrative initiatives as the Director of the Office determines to be appropriate. ``(b) Inclusion in Biennial Report of Director of NIH.--The Director of the Office shall submit each report prepared under subsection (a) to the Director of NIH for inclusion in the report submitted to the President and the Congress under section 403. ``SEC. 486C. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $25,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (b) Requirement of Sufficient Allocation of Resources of Institutes.--Section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended-- (1) in paragraph (10), by striking ``and'' after the semicolon at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11) the following new paragraph: ``(12) after consultation with the Director of the Office of Research on Women's Health, shall ensure that resources of the National Institutes of Health are sufficiently allocated for projects of research on women's health that are identified under section 486(b).''. SEC. 3. OBSTETRICS AND GYNECOLOGY PROGRAM OF NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following section: ``program regarding obstetrics and gynecology ``Sec. 452A. The Director of the Institute shall establish and maintain within the Institute an intramural laboratory and clinical research program in obstetrics and gynecology.''.
Women's Health Research Act of 1993 - Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) the Office of Research on Women's Health (Office). Establishes in the Office the Coordinating Committee on Research on Women's Health and the Advisory Committee on Research on Women's Health. Directs the Secretary to: (1) determine the extent to which women are represented among senior physicians and scientists of the national research institutes and among physicians and scientists conducting research with funds provided by such institutes; and (2) carry out activities, as appropriate, to increase the extent of such representation. Requires the NIH Director to establish a data system for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the national research institutes, including a registry of clinical trials of experimental treatments. Requires the NIH Director to establish and operate a program to provide information on research and prevention activities of the the national research institutes that relate to research on women's health. Authorizes appropriations. Directs the Secretary of Health and Human Services to ensure that NIH resources are sufficiently allocated for projects of research on women's health.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to reopen military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train, and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) The 442nd Regimental Combat Team arrived in Civitavecchia, Italy on June 7, 1944, and on June 15 of the following week, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 11 months of the war with distinction in Italy, southern France, and Germany. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (14) The 100th Battalion and the 442nd Regimental Combat Team, received 7 Presidential Unit Citations, 21 Medals of Honor, 29 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and over 4,000 Purple Hearts, among numerous additional distinctions. (15) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (16) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. (17) The Military Intelligence Service (in this Act referred to as the ``MIS'') was made up of about 6,000 Japanese American soldiers who conducted highly classified intelligence operations that proved to be vital to United States military successes in the Pacific Theatre. (18) As they were discharged from the Army, MIS soldiers were told not to discuss their wartime work, due to its sensitive nature, and their contributions were not known until passage of the Freedom of Information Act in 1974. (19) MIS soldiers were attached individually or in small groups to United States and Allied combat units, where they intercepted radio transmissions, translated enemy documents, interrogated enemy prisoners of war, volunteered for reconnaissance and covert intelligence missions, and persuaded enemy combatants to surrender. (20) Their contributions continued during the Allied postwar occupation of Japan, and MIS linguistic skills and understanding of Japanese customs were invaluable to occupation forces as they assisted Japan in a peaceful transition to a new, democratic form of government. SEC. 2. 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 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army, collectively, in recognition of their dedicated service during World War II. (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 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army, 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 the 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 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUNDS; PROCEEDS OF SALE. (a) Authority To Use Funds.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, collectively, in recognition of their dedicated service during World War II. Mandates giving the gold medal to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. Expresses the sense of Congress that the Smithsonian Institution should make such medal available for display elsewhere, particularly at locations associated with such Battalion, Team, and Service. Provides funding for the medal from the United States Mint Public Enterprise Fund.
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SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Nursing Home Staffing and Quality Improvement Act of 2000''. (b) References.--Except where otherwise specifically provided, references in this Act shall be considered to be made to the Social Security Act, or to a section or other provision thereof, and references to the ``Secretary'' shall be considered to be made to the Secretary of Health and Human Services. SEC. 2. GRANTS TO STATES FOR IMPROVEMENTS IN NURSING HOME STAFFING AND QUALITY. (a) Secretary's Authority To Award Grants.--The Secretary shall establish a program of competitive grants to States, in accordance with the provisions of this section, for the purpose of improving the quality of care furnished in nursing homes operating in the State. (b) Applications and Eligibility for Grants.-- (1) Initial application.--A State seeking a grant to conduct a project under this section shall submit an application containing such information and assurances as the Secretary may require, including-- (A) a commitment to submit annual reports describing the State's progress in increasing staffing levels and making other quality improvements in nursing homes in the State; and (B) a description of a plan for evaluation of the activities carried out under the grant, including a plan for measurement of progress toward the goals and objectives of the program, consistent with the principles of the Government Performance and Results Act. (2) Consultation with public.--Before submitting an application for a grant under this section, States shall solicit and consider the views of members of the public, nursing home residents or their representatives, and other persons concerned with the administration of nursing homes within the State with respect to the design of the proposed State program. (3) Eligibility.-- (A) Initial eligibility.--A State shall not be eligible for a grant award under this section unless it makes assurances satisfactory to the Secretary that the skilled nursing facilities (as defined in section 1819(a)) and nursing facilities (as defined in section 1919(a)) within the State will reach or exceed the minimum staff level described in subsection (d)(2) within two years after enactment of this Act and will maintain such level throughout the remainder of the grant program. (B) Continuing eligibility.--A State shall not be eligible for the continuation of grant funding under a multi-year grant under this section unless the State demonstrates to the Secretary's satisfaction that it continues to meet the requirement described in subparagraph (A) and has made sufficient progress in meeting the goals described in its grant application. (c) Use of Grant Funds.--Funds received by a State under this section may be provided to entities including nursing homes, labor management partnerships, and educational institutions, and may be used for any or all of the following purposes: (1) To enable a nursing home to recruit additional nursing staff or to retain existing nursing staff (including through the use of reasonable financial incentives or reasonable benefit enhancements). (2) To increase education and training of nursing staff (including designing or implementing programs to promote the career advancement of certified nurse aides). (3) To provide bonuses to nursing homes meeting State quality standards or avoiding serious quality violations for a period of one or more years. (4) Such other nursing home staffing and quality improvement initiatives as the Secretary may approve. (d) Distribution of Funds.-- (1) In general.--Subject to subsection (b), in awarding grants under this section, the Secretary shall award no more than 25 percent of the funds to States in which, as of the date of the enactment of this section, skilled nursing facilities (as defined in section 1819(a)) and nursing facilities (as defined in section 1919(a)) have reached or exceeded the minimum staff level specified in paragraph (2) (as determined by the Secretary). (2) Minimum nursing home staff level.-- (A) In general.--Subject to subparagraph (B), for purposes of subsection (b) and paragraph (1), the level specified in this paragraph for a skilled nursing facility or nursing facility is a staff level sufficient to ensure that each resident receives from a certified nurse aide at least 2 hours per day of direct care (including repositioning the resident and changing wet clothes, assisting with feeding, exercise, and toileting, and working to enhance a resident's independence with respect to activities of daily living). (B) Secretary's authority to increase minimum staff level.--The Secretary may establish a minimum staff level that is higher than that specified in subparagraph (A). Any such revised staff level shall be effective no earlier than six months after the date on which Secretary provides notice to States of the new requirement. (3) Multi-year grant funds.--The Secretary shall award any multi-year grant under this section from amounts appropriated (or available pursuant to subsection (e)(2)) for the first fiscal year of the grant. (e) Appropriations and Availability of Civil Money Penalty (CPM) Collections.-- (1) Appropriations.--There are appropriated for all costs to the Secretary for carrying out the program under this section $200,000,000 for each of fiscal years 2001 through 2005, such funds to remain available to the Secretary through the end of the first succeeding fiscal year. (2) Availability of cmp collections.--In addition to the amounts appropriated pursuant to paragraph (1), there shall be available to the Secretary for such costs for such fiscal years any amounts deposited in the Nursing Facility Civil Money Penalties Collection Account established under section 4. SEC. 3. ENHANCED NURSING FACILITY REPORTING REQUIREMENTS. (a) Medicare.-- (1) Submission of nursing staff level data to the secretary.--Section 1819(b) (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Data on staffing levels.-- ``(A) Submission to secretary.--A skilled nursing facility shall submit to the Secretary, in such form and manner and at such intervals as the Secretary may require, data with respect to nursing staff of the facility. Such data shall include the total number of nursing staff hours furnished during the period specified by the Secretary (including totals for each shift worked during such period) by the facility to residents for which payment is made under section 1888(e), broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours, and shall also include the average wage rate for each class of nursing staff employed by the facility. ``(B) Publication.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information collected pursuant to subparagraph (A). The Secretary shall update such information periodically.''. (2) Posting of information on nursing facility staffing.-- Section 1819(b) (42 U.S.C. 1395i-3(b)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.-- ``(A) In general.--A skilled nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care. The information shall be displayed in a uniform manner (as specified by the Secretary) and in a clearly visible place. ``(B) Publication of data.--A skilled nursing facility shall, upon request, make available to the public the nursing staff data described in subparagraph (A).''. (3) Information concerning patient classification.--Section 1819(b)(4)(C) (42 U.S.C. 1395i-3(b)(4)(C)) is amended by adding at the end the following new clause: ``(iii) Information concerning residents.-- The skilled nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the skilled nursing facility that accords with the patient classification system described in section 1888(e)(3)(B)(ii), or such successor system as the Secretary may identify.''. (b) Medicaid.-- (1) In general.--Section 1919(b) (42 U.S.C. 1396r) is amended by adding at the end the following new paragraph: ``(8) Data on staffing levels.-- ``(A) Submission to secretary.--A nursing facility shall submit to the Secretary, in such form and manner and at such intervals as the Secretary may require, data with respect to nursing staff of the facility. Such data shall include the total number of nursing staff hours furnished during the period specified by the Secretary (including totals for each shift worked during such period) by the facility to residents for which payment is made under this title, broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours, and shall also include the average wage rate for each class of nursing staff employed by the facility. ``(B) Publication.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information collected pursuant to subparagraph (A). The Secretary shall update such information periodically.''. (2) Posting of information on nursing facility staffing.-- Section 1919(b) (42 U.S.C. 1395r(b)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.-- ``(A) In general.--A nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care. The information shall be displayed in a uniform manner (as specified by the Secretary) and in a clearly visible place. ``(B) Publication of data.--A nursing facility shall, upon request, make available to the public the nursing staff data described in subparagraph (A).''. (3) Information concerning patient classification.--Section 1919(b)(4)(C) (42 U.S.C. 1396r(b)(4)(C)) is amended by adding at the end the following new clause: ``(iv) Information concerning residents.-- The nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the nursing facility that accords with the patient classification system described in section 1888(e)(3)(B)(ii), or such successor system as the Secretary may identify.''. SEC. 4. NURSING FACILITY CIVIL MONEY PENALTY COLLECTIONS. (a) Establishment of nursing facility civil money penalty collections account.--Section 1128A (42 U.S.C. 1320a-7a) is amended by adding at the end the following new subsection: ``(o) Establishment of Nursing Facility Civil Money Penalty Collections Account.--There is hereby established an account to be known as the ``Nursing Facility Civil Money Penalties Collection Account'' (hereafter in this subsection referred to as the ``Account''). Notwithstanding any other provision of law, there shall be deposited into the Account the Secretary's share of any civil monetary penalties collected under sections 1819 and 1919, all such amounts to be available without fiscal year limitation for repaying the Secretary's share of amounts owed to nursing facilities or skilled nursing facilities pursuant to the final sentence of sections 1819(h)(2)(B)(ii) and 1919(h)(2)(B)(ii), and for awarding grants under section 2 of the Nursing Home Staffing and Quality Improvement Act of 2000.''. (b) Authority To Collect CMPS Immediately.-- (1) Medicare.--Section 1819(h)(2)(B)(ii) (42 U.S.C. 1395i- 3(h)(2)(B)(ii)) is amended by inserting before the final period ``, except that, notwithstanding section 1128A(c)(2) or any other provision of law, the Secretary, upon determining that a civil money penalty should be imposed against a skilled nursing facility pursuant to this paragraph, shall take immediate action to collect such penalty (except where the Secretary finds that such action could jeopardize the health or welfare of residents of the skilled nursing facility). In collecting such penalty, the Secretary may deduct the amount of the penalty from amounts otherwise payable to the facility under this title or take such other actions as the Secretary considers appropriate. If the Secretary's imposition of a penalty under this paragraph is set aside, in whole or in part, as a result of a hearing under section 1128A(c)(2) (or an appeal therefrom) or by a court of competent jurisdiction, and the Secretary elects not to pursue an appeal of such judgment; or has exhausted all appeals, the Secretary shall repay any amount owed to the skilled nursing facility with accrued interest.'' (2) Medicaid.--Section 1919(h)(3)(B)(ii) (42 U.S.C. 1396r(h)(3)(B)(ii)) is amended by inserting before the final period ``, except that, notwithstanding section 1128A(c)(2) or any other provision of law, the Secretary, upon determining that a civil money penalty should be imposed against a nursing facility pursuant to this paragraph, shall take immediate action to collect the penalty (except where the Secretary finds that such action could jeopardize the health or welfare of residents of the nursing facility). In collecting such penalty, the Secretary may direct the State to deduct the amount of the penalty from amounts otherwise payable to the nursing facility under this title or take such other actions as the Secretary, in consultation with the State, considers appropriate. If the Secretary's imposition of a penalty under this paragraph is set aside, in whole or in part, as a result of a hearing under section 1128A(c)(2) (or an appeal therefrom) or by a court of competent jurisdiction, and the Secretary elects not to pursue an appeal of such judgment, or has exhausted all appeals, the Secretary shall repay, or shall direct the State to repay, any amount owed to the nursing facility with accrued interest.''
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to add requirements for skilled nursing facilities and nursing facilities to report to the Secretary on data regarding staffing levels and information regarding patient classification. Establishes the Nursing Facility Civil Money Penalties Collection Account to be used for awarding grants under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Hike Prevention Act of 2012''. SEC. 2. TEMPORARY EXTENSION OF 2001 TAX RELIEF. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' both places it appears and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. SEC. 3. TEMPORARY EXTENSION OF 2003 TAX RELIEF. (a) In General.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. SEC. 4. ALTERNATIVE MINIMUM TAX RELIEF. (a) Temporary Extension of Increased Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012 and $79,850 in the case of taxable years beginning in 2013'', and (B) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012 and $51,150 in the case of taxable years beginning in 2013''. (b) Temporary Extension of Alternative Minimum Tax Relief for Nonrefundable Personal Credits.-- (1) In general.--Paragraph (2) of section 26(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or 2011'' and inserting ``2011, 2012, or 2013'', and (B) by striking ``2011'' in the heading thereof and inserting ``2013''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 5. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. (a) In General.-- (1) Dollar limitation.--Section 179(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``2010 or 2011,'' in subparagraph (B) and inserting ``2010, 2011, 2012, or 2013, and'', (B) by striking subparagraph (C), (C) by redesignating subparagraph (D) as subparagraph (C), and (D) in subparagraph (C), as so redesignated, by striking ``2012'' and inserting ``2013''. (2) Reduction in limitation.--Section 179(b)(2) of such Code is amended-- (A) by striking ``2010 or 2011,'' in subparagraph (B) and inserting ``2010, 2011, 2012, or 2013, and'', (B) by striking subparagraph (C), (C) by redesignating subparagraph (D) as subparagraph (C), and (D) in subparagraph (C), as so redesignated, by striking ``2012'' and inserting ``2013''. (3) Conforming amendment.--Subsection (b) of section 179 of such Code is amended by striking paragraph (6). (b) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting ``2014''. (c) Election.--Section 179(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting ``2014''. (d) Special Rules for Treatment of Qualified Real Property.-- (1) In general.--Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by striking ``2010 or 2011'' and inserting ``2010, 2011, 2012, or 2013''. (2) Carryover limitation.-- (A) In general.--Section 179(f)(4) of such Code is amended by striking ``2011'' each place it appears and inserting ``2013''. (B) Conforming amendment.--The heading for subparagraph (C) of section 179(f)(4) of such Code is amended by striking ``2010'' and inserting ``2010, 2011 and 2012''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 6. INSTRUCTIONS FOR TAX REFORM. (a) In General.--The Senate Committee on Finance shall report legislation not later than 12 months after the date of the enactment of this Act that consists of changes in laws within its jurisdiction which meet the requirements of subsection (b). (b) Requirements.--Legislation meets the requirements of this subsection if the legislation-- (1) simplifies the Internal Revenue Code of 1986 by reducing the number of tax preferences and reducing individual tax rates proportionally, with the highest individual tax rate significantly below 35 percent; (2) permanently repeals the alternative minimum tax; (3) is projected, when compared to the current tax policy baseline, to be revenue neutral or result in revenue losses; (4) has a dynamic effect which is projected to stimulate economic growth and lead to increased revenue; (5) applies any increased revenue from stimulated economic growth to additional rate reductions and does not permit any such increased revenue to be used for additional Federal spending; (6) retains a progressive tax code; and (7) provides for revenue-neutral reform of the taxation of corporations and businesses by-- (A) providing a top tax rate on corporations of no more than 25 percent; and (B) implementing a competitive territorial tax system.
Tax Hike Prevention Act of 2012 - Extends through 2013: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rates for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to extend for an additional two years: (1) the increased exemption amount for the alternative minimum tax (AMT); (2) the offset against the AMT for certain nonrefundable personal tax credits; and (3) the increased expensing allowance for depreciable business assets, including computer software. Directs the Senate Committee on Finance to report tax reform legislation not later than 12 months after the enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Financial Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR LONG-TERM CARE. (a) General Rule.--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. FAMILY CARE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of $3,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Limitation.-- ``(1) Applicable individuals taken into account.--For purposes of this section, a taxpayer may not take into account more than 2 applicable individuals (4 in the case of a joint return) for any taxable year. ``(2) Based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(B) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $100,000 in the case of an individual who is not married, and ``(iii) $75,000 in the case of a married individual filing a separate return. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (determined without regard to extensions), by a physician (as defined in section 1861(r) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, or ``(III) requires substantial supervision to protect such individual from threats to health and safety due to a severe psychological disability, mental retardation, or related developmental disabilities and would otherwise require residence in a psychiatric hospital, an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(C) Psychological disability defined.--The term `psychological disability' means any diagnosable clinical condition on Axis I or Axis II of the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders which is of a severity that requires substantial supervision or residence in a psychiatric hospital or similar residential facility approved by the Secretary. ``(D) Mental retardation defined.--The term `mental retardation' means any developmental disability (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15002)) which is of a severity that requires substantial supervision or residence in an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 152(d)(1)(B) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(c)(1)(D) or 152(d)(1)(C), as the case may be, and ``(II) in the case of an individual who is not a qualifying child (as defined in section 152(d)) for the taxable year, the requirements of clause (iv) are met with respect to the individual. ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer for the taxable year and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in subsection (b)(2)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician or licensed independent practitioner licensed by the State to render relevant diagnosis certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2010.''. (b) Conforming and Clerical Amendments.-- (1) Paragraph (2) of section 6213(g) of such Code (relating to mathematical or clerical error) is amended-- (A) by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 36(d) (relating to family care credit) to be included on a return.'', and (B) in the matter preceding clause (i) of subparagraph (L), by striking ``or 32'' and inserting ``32, or 36''. (2) 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. Family care credit. ``Sec. 37 Overpayments of tax.''. (c) Appropriations for Refund.--Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 53(e)'' and inserting ``, 53(e), or 36''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. MODIFICATION OF DEPENDENT CARE CREDIT. (a) Credit Allowed for Costs Incurred To Care for Parent and Grandparents Who Do Not Live With Taxpayer.--Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (defining qualifying individual) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) in the case of taxable years beginning in 2009 and 2010, an individual described in subparagraph (B) (determined without regard to whether such person has the same principal place of abode as the taxpayer for any part of such taxable year) who is the taxpayer's mother or father (or an ancestor of either).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. DEPENDENT CARE ASSISTANCE PROGRAM EXCLUSION LIMITATION TO BE APPLIED WITH RESPECT TO EACH QUALIFYING INDIVIDUAL. (a) In General.--Subsection (e) of section 129 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) Increased exclusion limitation for 2009 and 2010.-- ``(A) In general.--In the case of taxable years beginning in 2009 and 2010, subsection (a)(2)(A) shall be applied by substituting `provided during a taxable year for each qualifying individual with respect to the taxpayer' for `provided during a taxable year'. For purposes of the preceding sentence, not more than 4 individuals may be treated as qualifying individuals at any one time. ``(B) Identifying information required with respect to qualifying individuals.--No amount paid or incurred by an employer for dependent care assistance provided to an employee with respect to a qualifying individual shall be excluded from the gross income of such employee by application of subparagraph (A) unless the TIN of such individual is included on the return claiming the credit.''. (b) Conforming Amendment.--Subsection (c) of section 21 of such Code (relating to dollar limit on amount creditable) is amended by inserting ``(but not below zero)'' after ``shall be reduced''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
Caregiver Financial Relief Act of 2008 - Amends the Internal Revenue Code to: (1) allow caregivers of family members with long-term care needs a refundable tax credit of $3,000 for up to two such family members each year through 2010; (2) allow in 2009 and 2010 the tax credit for dependent care expenses for parents (or ancestors of such parents) who do not reside with the taxpayer; and (3) allow in 2009 and 2010 an increased exclusion from gross income for employer-provided dependent care assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2001''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.--If, within 30 days after publication in the Federal Register of notice that a binational panel has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a party or person within the meaning of paragraph 5 of article 1904 alleges that-- ``(1)(A) a member of a panel was guilty of a gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, ``(B) the panel seriously departed from a fundamental rule of procedure, or ``(C) the panel manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, as in failing to apply the appropriate standard of review, and ``(2) any of the actions described in paragraph (1) has materially affected the panel's decision and threatens the integrity of the binational panel review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel determination, pursuant to section 516A of the Tariff Act of 1930. ``(b) Decisions of the Court.--In any appeal filed under subsection (a) for review of a binational panel determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the panel's decision, determine whether any of the actions described in subsection (a)(1) has been established. If the court finds that any of those actions has been established, the court shall vacate the original panel decision and enter judgment accordingly. If the actions are not established, the court shall affirm the original binational panel decision. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that were before the panel. ``(c) Exclusive Jurisdiction.--If a party or person within the meaning of paragraph 5 of article 1904 timely files a notice of appeal to the Court of International Trade pursuant to this section, then jurisdiction exclusively resides with the United States Court of International Trade, and such determinations are not subject to review by an extraordinary challenge committee under paragraph 13 of article 1904. ``(d) Applicability.--This section applies to all goods from NAFTA countries which were subject to an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``Sec. 404A. Review of binational panel determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), or (ix)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination of which either a party or person within the meaning of paragraph 5 of article 1904 of the NAFTA has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to any final determination of a binational panel convened pursuant to article 1904 of the North American Free Trade Agreement, notice of which is published in the Federal Register on or after the date of the enactment of this Act. SEC. 5. APPLICABILITY TO GOODS FROM A NAFTA COUNTRY. Pursuant to section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from a NAFTA country (as defined in section 2(4) of that Act (19 U.S.C. 3301(4))).
Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from a NAFTA country (United States, Canada, and Mexico).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Wingate Land Division Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico (in this Act referred to as ``Former Fort Wingate Depot Activity''), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (2) The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. (3) The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. (5) In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled ``Fort Wingate Depot Activity Negotiated Property Division July 2013'' prepared by the Army Corps of Engineers (in this Act referred to as the ``Map''), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. (6) This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO NATION. (a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and (C) of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. (b) Immediate Trust on Behalf of Navajo Nation; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. (c) Subsequent Transfer and Trust; Restricted Fee Status Alternative.-- (1) Transfer upon completion of remediation.--Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. (2) Notification of transfer.--Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. (3) Trust or restricted fee status.-- (A) Trust.--Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust-- (i) for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii) for the Navajo Nation, in the case of land depicted in green on the Map. (B) Restricted fee status alternative.--In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. (C) Notification of election.--Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. (D) Conveyance.--As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. (E) Restricted fee status defined.--For purposes of this Act only, the term ``restricted fee status'', with respect to land conveyed under subparagraph (D), means that the land so conveyed-- (i) shall be owned in fee by the Indian tribe to whom the land is conveyed; (ii) shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe; (iii) shall not be sold by the Indian tribe without the consent of Congress; (iv) shall not be subject to taxation by any government other than the government of the Indian tribe; and (v) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. (d) Survey and Boundary Requirements.-- (1) In general.--The Secretary of the Interior shall-- (A) provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and (B) establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. (2) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. (e) Relation to Certain Regulations.--Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS. (a) Easements for Cleanup and Remediation.--The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. (b) Shared Access.-- (1) Parcel 1 shared cultural and religious access.--In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. (2) Other shared access.--Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. (c) I-25 Frontage Road Entrance.--The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as ``administration area'' on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. (d) Department of Defense Access to Missile Defense Agency Facility.--Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. SEC. 5. ENVIRONMENTAL REMEDIATION. (a) Responsibility for Cleanup.--Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. (b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (c) Treatment of Claims Against Tribes.-- (1) In general.--The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (2) Notification requirement.--After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. (d) Effect of Environmental Certification.--Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.
Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tax Competitiveness Act of 2011''. SEC. 2. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 (relating to definitions) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(C) Exception from gross assets test.-- Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which-- ``(i) is a domestic corporation (determined without regard to this subsection), and ``(ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. SEC. 3. CURRENT TAXATION OF ROYALTIES AND OTHER INCOME FROM INTANGIBLES RECEIVED FROM A CONTROLLED FOREIGN CORPORATION. (a) Repeal of Look-Thru Rule for Royalties Received From Controlled Foreign Corporations.--Paragraph (6) of section 954(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``rents, and royalties'' in subparagraph (A) and inserting ``and rents'', and (2) by striking ``, rent, or royalty'' both places it appears in subparagraph (B) and inserting ``or rent''. (b) Entities Not Permitted To Be Disregarded in Determining Royalties.--Subsection (c) of section 954 of such Code is amended by adding at the end the following new paragraph: ``(7) All royalties taken into account.--For purposes of determining the foreign personal holding company income which consists of royalties, this subsection shall be applied without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election.''. (c) Certain Other Income Derived From United States Intangibles Taken Into Account as Subpart F Income.--Subsection (d) of section 954 of such Code is amended by adding at the end the following new paragraph: ``(5) Special rule for certain products produced pursuant to intangibles made available by united states persons.--For purposes of this subsection, personal property shall be treated as having been purchased from a related person if any intangible property (within the meaning of section 936(h)(3)(B)) made available to a controlled foreign corporation, directly or indirectly, by a related person which is a United States person contributes, directly or indirectly, to the production of such personal property by the controlled foreign corporation. The preceding sentence shall not apply to any personal property produced directly by the controlled foreign corporation, without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2011, and to taxable years of United States shareholders within which or with which such tax years of such foreign corporations end. SEC. 4. TAXATION OF BOOT RECEIVED IN REORGANIZATIONS. (a) In General.--Paragraph (2) of section 356(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``If an exchange'' and inserting ``Except as otherwise provided by the Secretary-- ``(A) In general.--If an exchange''; (2) by striking ``then there shall be'' and all that follows through ``February 28, 1913'' and inserting ``then the amount of other property or money shall be treated as a dividend to the extent of the earnings and profits of the corporation''; and (3) by adding at the end the following new subparagraph: ``(B) Certain reorganizations.--In the case of a reorganization described in section 368(a)(1)(D) with respect to which the requirements of subparagraphs (A) and (B) of section 354(b)(1) are met (or any other reorganization specified by the Secretary), in applying subparagraph (A)-- ``(i) the earnings and profits of each corporation which is a party to the reorganization shall be taken into account, and ``(ii) the amount which is a dividend (and source thereof) shall be determined under rules similar to the rules of paragraphs (2) and (5) of section 304(b).''. (b) Earnings and Profits.--Paragraph (7) of section 312(n) of such Code is amended by adding at the end the following: ``A similar rule shall apply to an exchange to which section 356(a)(1) applies.''. (c) Conforming Amendment.--Paragraph (1) of section 356(a) of such Code is amended by striking ``then the gain'' and inserting ``then (except as provided in paragraph (2)) the gain''. (d) Effective Date.--The amendments made by this section shall apply to exchanges after the date of the enactment of this Act.
International Tax Competitiveness Act of 2011 - Amends the Internal Revenue Code to: (1) treat foreign corporations that are managed, directly or indirectly, within the United States as domestic corporations for U.S. tax purposes; (2) make certain royalty income and income from intangibles received from a controlled foreign corporation subject to U.S. taxation; and (3) revise the tax treatment of property other than stock (i.e., boot) received in connection with a corporate reorganization to provide that such property shall be treated as a taxable dividend.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Office of Regulatory Analysis Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Federal regulations can have a positive impact in protecting the environment and the health and safety of all Americans; however, uncontrolled increases in the costs that regulations place on the economy cannot be sustained; (2) the legislative branch has a responsibility to see that the laws it passes are properly implemented by the executive branch; (3) effective implementation of chapter 8 of title 5 of the United States Code (relating to congressional review of agency rulemaking) is essential to controlling the regulatory burden that the Government places on the economy; and (4) in order for the legislative branch to fulfill its responsibilities under chapter 8 of title 5, United States Code, it must have accurate and reliable information on which to base its decisions. (b) Purpose.--The purpose of this Act is to establish a congressional office to provide Congress with independent, timely, and reasoned analyses of existing and anticipated Federal rules and regulations, including-- (1) assessments of the need for, and effectiveness of, existing and anticipated Federal rules and regulations in meeting the mandates of underlying statutes; (2) statements of the existing and projected economic and noneconomic impacts, including the impacts of reporting requirements, of such rules and regulations; and (3) separate assessments of the effects of existing and anticipated regulations on segments of the public, such as geographic regions and small entities. SEC. 3. ESTABLISHMENT OF OFFICE. (a) Establishment.-- (1) In general.--There is established a Congressional Office of Regulatory Analysis (hereafter in this Act referred to as the ``Office''). The Office shall be headed by a Director. (2) Appointment.--The Director shall be appointed by the Majority Leader of the Senate and the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of the Director's ability to perform the duties of the Office. (3) Term.--The term of office of the Director shall be 4 years, but no Director shall be permitted to serve more than 3 terms. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of that term may continue to serve until the individual's successor is appointed. (4) Removal.--The Director may be removed by a concurrent resolution of Congress. (5) Compensation.--The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Personnel.--The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate authority to perform any of the duties, powers, and functions of the Office or the Director. For purposes of pay (other than pay of the Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the Senate. (c) Experts and Consultants.--In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay under the General Schedule of section 5332 of title 5, United States Code. (d) Relationship to Executive Branch.-- (1) In general.--The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government, including the Office of Management and Budget, and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall promptly furnish the Director any available material which the Director determines to be necessary in the performance of the Director's duties and functions (other than material the disclosure of which would be a violation of law). (2) Services.--Upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission-- (A) the Director may use the services, facilities, and personnel with or without reimbursement of such department, agency, establishment, or commission; and (B) the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel. (e) Relationship to Other Agencies of Congress.--In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, Congressional Budget Office, and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, the Director of the Congressional Budget Office, and the Librarian of Congress are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence. (f) Appropriations.--There are authorized to be appropriated to the Office for fiscal years 1998 through 2006 such sums as may be necessary to enable the Office to carry out its duties and functions. SEC. 4. RESPONSIBILITIES. (a) Transfer of Functions Under Chapter 8 From GAO to Office.-- (1) Director's authority.--Section 801 of title 5, United States Code, is amended by striking ``Comptroller General'' each place it occurs and inserting ``Director of the Office''; and (2) Definition.--Section 804 is amended by adding at the end the following: ``(4) The term `Director of the Office' means the Director of the Congressional Office of Regulatory Affairs established under section 3 of the Congressional Office of Regulatory Analysis Act.''. (3) Major rules.-- (A) Regulatory impact analysis.--In addition to the assessment of an agency's compliance with the procedural steps for major rules described under section 801(a)(2)(A) of title 5, United States Code, the Office shall conduct its own regulatory impact analysis of such major rules. The analysis shall include-- (i) a description of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; (ii) a description of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; (iii) a determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (iv) a description of alternative approaches that could achieve the same regulatory goal at a lower cost, together with an analysis of the potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, could not be adopted; and (v) a summary of how these results differ, if at all, from the results that the promulgating agency received when conducting similar analyses. (B) Time for report to committees.--Section 801(a)(2)(A) of title 5, United States Code, is amended by striking ``15'' and inserting ``45''. (4) Nonmajor rules.--The Office shall conduct a regulatory impact analysis, in accordance with paragraph (3)(A), of any nonmajor rule, as defined in section 804(3) of title 5, United States Code, when requested to do so by a committee of the Senate or House of Representatives, or individual Senator or Representative. (5) Priorities.-- (A) Assignment.--To ensure that analyses of the most significant regulations occur, the Office shall give first priority to, and is required to conduct analyses of, all major rules, as defined in section 804(2) of title 5, United States Code. Secondary priority shall be assigned to requests from committees of the Senate and the House of Representatives. Tertiary priority shall be assigned to requests from individual Senators and Representatives. (B) Discretion to director of office.--The Director of the Office shall have the discretion to assign priority among the secondary and tertiary requests. (b) Transfer of Certain Functions Under the Unfunded Mandates Reform Act of 1995 From CBO to Office.-- (1) Cost of regulations.--Section 103 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1511) is amended-- (A) in subsection (b), by striking ``the Director'' and inserting ``the Director of the Congressional Office of Regulatory Analysis''; and (B) in subsection (c), by inserting after ``Budget Office'' the following: ``or the Director of the Congressional Office of Regulatory Analysis''. (2) Assistance to the congressional office of regulatory analysis.--Section 206 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1536) is amended-- (A) by amending the section heading to read as follows: ``sec. 206. assistance to the congressional office of regulatory analysis.''; and (B) in paragraph (2), by striking ``the Director of the Congressional Budget Office'' and inserting ``the Director of the Congressional Office of Regulatory Analysis''. (c) Other Reports.--In addition to the regulatory impact analyses of major and nonmajor rules described under subsection (a), the Office shall issue an annual report on an estimate of the total cost of Federal regulations on the United States economy. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
Congressional Office of Regulatory Analysis Act - Establishes a Congressional Office of Regulatory Analysis. Authorizes appropriations. Transfers to the Director of such Office (the Director) the functions of the Comptroller General with respect to congressional review of agency rulemaking. Requires the Office to conduct its own specified regulatory impact analysis of major rules. Extends the deadline by which the Director must report to appropriate congressional committees on each major rule from 15 to 45 calendar days after its submission to the Congress or publication in the Federal Register. Requires the Office to conduct a regulatory impact analysis of any nonmajor rule when requested to do so by a congressional committee or Member of Congress. Amends the Unfunded Mandates Reform Act of 1995 to: (1) transfer functions of the Director of the Congressional Budget Office (CBO) to the Director with respect to the comparison between agency and CBO mandate cost estimates; and (2) require the Director of the Office of Management and Budget (OMB), at the request of the CBO Director or the Director, to cooperate in providing mandate cost estimates and related data. Directs the OMB Director to collect agency statements prepared under such Act for forwarding to the Director (currently the CBO Director) after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Learning Assessment for Students and Schools (CLASS) Act''. SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS. (a) Continuous Growth Models.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and inserting ``for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth''. (b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the following: ``(iv) The State may average data by other means that are designed to increase the stability of school-building results from year to year.''. (c) Adequate Yearly Progress by Group and Subject.--Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (1) in subparagraph (A) of paragraph (1), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails, for 2 consecutive years,''; (2) in paragraph (5), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; (3) in subparagraph (C) of paragraph (7), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; and (4) in subparagraph (A) of paragraph (8), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``continues to fail to make adequate yearly progress,''. (d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) at the end of clause (ii), by striking ``and''; (2) at the end of clause (iii), by striking the period and inserting ``; and''; and (3) at the end, by adding the following: ``(iv) include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (C)(v).''. (e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) take into consideration the continuum of achievement by children within the advanced, proficient, and basic levels of achievement described in subclauses (II) and (III) and the yearly progress by children within such continuum.''. (f) No First Score Requirement.--Clause (iv) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended-- (1) by striking ``(iv) measures'' and inserting ``(iv)(I) measures''; (2) by inserting ``and'' after ``in paragraph (3);''; and (3) by adding at the end the following: ``(II) if a student takes an assessment described in paragraph (3) for a particular subject or grade level more than once, may use, at the State's discretion, the student's results from subsequent administrations of the assessment;''. (g) Limiting Transfer Options and Supplemental Services to Students From Failing Groups.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (3) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended to read as follows: ``(ii) be aligned with the State's challenging academic content and student academic achievement standards, be aligned with curriculum and instruction to adequately assess the effect of curriculum and instruction on each such challenging academic content standard, include individual test items (based on technical criteria) that enable students to achieve the items if the students received appropriate instruction, and provide coherent information about student attainment of the State's challenging academic content and student academic achievement standards;''. (i) Assessing Students With Disabilities.--Clause (ix) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(IV) at the discretion of the State, the assessment of students with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) whose instructional level in the core academic subjects is below the grade level in which the student is enrolled, by using the State assessment determined by the student's individualized education program team (as described in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to most closely correspond to the student's instructional level;''. (j) Students With Limited English Proficiency.--Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the following: ``(L) Students with limited english proficiency.-- Notwithstanding subparagraph (C)(v), a State may define adequate yearly progress under subparagraph (C) in a manner that measures the progress of students with limited English proficiency-- ``(i) by continuing to include in a group of students described in subparagraph (C)(v) students who attain proficiency in English; and ``(ii) by excluding the performance of students with limited English proficiency who have resided in the United States for less than 3 years, so as to avoid any distortion in measurement resulting from the new arrivals of such students.''. (k) Separate Starting Points.--Subparagraph (E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data for the 2001-2002 school year,'' and inserting ``, for each group of students described in subparagraph (C)(v),''. (l) Minimum Number of Students With Disabilities for Statistically Reliable Information.--The matter following subclause (II) in section 1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine that such number for a group of students with disabilities is greater than for other groups of students described in this clause'' after ``information about any individual student''.
Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act of 2001.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening FHA Through Shared Equity Homeownership Act of 2010''. SEC. 2. SHARED EQUITY PILOT PROGRAM. (a) Purpose.--The purpose of this section is to establish a shared equity homeownership pilot program for FHA mortgage insurance to complement FHA mortgage lending activity to analyze the effectiveness of shared equity finance methods that stimulate the flow of private equity capital into the housing sector, while mitigating risk to borrowers and to the Mutual Mortgage Insurance Fund. (b) Establishment.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall carry out a pilot program under this section (in this section referred to as the ``pilot program)'' to analyze the effectiveness of providing mortgage insurance under the FHA mortgage insurance program for mortgages for the acquisition or refinancing of 1- to 4-family residences that are financed in part through a shared equity arrangement under which independent, private sector investors invest, together with the mortgagors, equity funds for such residences and thereby share in the ownership of such residences. (c) Application and Selection.-- (1) Eligibility and application.--The Secretary shall establish eligibility requirements for financial institutions, nonprofit organizations, housing associations, investment pools, and other appropriate individuals and entities to participate in the pilot program and shall provide for eligible entities to apply to the Secretary for such participation. Such applications shall include such information as the Secretary considers appropriate regarding the matters referred to in subparagraphs (A) through (D) of paragraph (2). (2) Selection.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall select not more than 8 individuals and entities to participate in the pilot program, from among eligible individuals and entities applying for such participation, using criteria established by the Secretary, which shall include criteria based on-- (A) the methodology to be used for deploying equity sharing capital, which shall ensure that equity sharing capital shall be deployed from private sector sources; (B) a definition of markets to be targeted; (C) legal agreements and disclosures necessary to protect mortgagors and all other involved parties and to provide for periodic program monitoring; and (D) the source and level of revenue expected to be derived from participating in the pilot program. (d) Principal Residence.--A residence acquired with a mortgage that is insured by the Secretary under the pilot program shall be occupied by the mortgagor as the primary residence of the mortgagor. (e) Downpayment.--The mortgagor under a mortgage insured by the Secretary under the pilot program shall comply with the requirement under section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) that the mortgagor invest the amount required by the Secretary, which shall be not less than 3.5 percent of the appraised value of the residence. (f) Minimum Homebuyer Equity.--The mortgagor under the mortgage insured by the Secretary under the pilot program shall retain a percentage of ownership in the residence under the shared equity arrangement that is not less than 60 percent. (g) Insurance Premiums.--Notwithstanding section 203(c)(2)(B) of the National Housing Act (12 U.S.C. 1709(c)(2)(B)), the Secretary shall establish and collect annual premium payments on mortgages insured by the Secretary under the pilot program in an amount based on the annual premium charged under such section 203(c)(2)(B), as adjusted by the Secretary to account for any reduced risk in insuring such mortgages attributable to the shared equity arrangement. (h) Rights of Mortgagor.--The Secretary shall establish requirements to ensure the mortgagor maintains occupancy rights in the property subject to the mortgage insured under the pilot program. A mortgagor and shared equity investor shall receive transactional documentation that addresses the rights, privileges and responsibilities of both the mortgagor and shared equity investor. (i) Scope.-- (1) Geographic diversity.--The Secretary shall carry out the pilot program in multiple regional mortgage markets in the United States. (2) Equity sharing capital investments.--The Secretary shall, for each eligible entity participating in the pilot program, limit the amount of equity sharing capital invested under the pilot program to $25,000,000. (3) Timing.--The Secretary may not insure any mortgage in connection with the pilot program after the expiration of the two-year period beginning on the date of the implementation of the pilot program under this Act. (j) Waiver.--The Secretary may waive, or specify alternative requirements for, any provision of any statute, regulation, or guideline that the Secretary administers (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a determination by the Secretary that such waiver is appropriate to carry out the pilot program under this section. (k) Monitoring and Reporting.-- (1) Monitoring.--The Secretary shall provide for such monitoring of the pilot program, investors participating in the pilot program, and shared equity arrangements entered into under the pilot program as may be necessary to determine the effectiveness of the pilot program and of the structure of, and requirements under, the pilot program. (2) Reports to congress.--Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress analyzing effectiveness of the pilot program and making recommendations regarding expansion of the pilot program and improvements for the pilot program.
Strengthening FHA Through Shared Equity Homeownership Act of 2010 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a shared equity homeownership pilot program to analyze the effectiveness of providing mortgage insurance under the Federal Housing Administration (FHA) mortgage insurance program for mortgages for the acquisition or refinancing of 1- to 4-primary family residences that are financed in part through a shared equity arrangement under which independent, private sector investors invest, together with the mortgagors, equity funds for such residences and thereby share in their ownership. Requires the Secretary to select up to 8 financial institutions, nonprofit organizations, housing associations, investment pools, and other appropriate individuals and entities to participate in the pilot. Requires a mortgagor to: (1) make a downpayment of at least 3.5% of the appraised value of the residence involved; and (2) retain a minimum equity in the residence under the shared equity arrangement of at least 60%.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal College Credit Act''. SEC. 2. UNIVERSAL COLLEGE CREDIT. (a) In General.--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. UNIVERSAL COLLEGE CREDIT. ``(a) Allowance of Credit.--In the case of an individual for whom an election is in effect under this section for a taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified tuition and related expenses paid by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) with respect to each individual for whom qualified tuition and related expenses are paid by the taxpayer during the taxable year shall not exceed $5,000. ``(c) Credit Allowed Only for 4 Years of Undergraduate Education and 6 Years of Graduate Education.--An election to have this section apply with respect to any individual for whom qualified tuition and related expenses are paid by the taxpayer during the taxable year may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to-- ``(1) the undergraduate education expenses of such individual for any 4 prior taxable years, or ``(2) the graduate education expenses of such individual for any 6 prior taxable years. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section with respect to the qualified tuition and related expenses of any individual if a credit or deduction is allowed under any other provision of this chapter with respect to such expenses. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(D) Adjustment for scholarships and section 529 distributions.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for the taxable year shall be reduced-- ``(i) as provided in section 25A(g)(2), and ``(ii) by the amount of such expenses which are taken into account in determining the exclusions under sections 529(c)(3)(B) and 530(d)(2). ``(2) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002), as in effect on the date of the enactment of this section, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(3) Undergraduate education expenses.--The term `undergraduate education expenses' means the qualified tuition and related expenses paid by the taxpayer during a taxable year for an individual enrolled in an undergraduate course of study during such taxable year. ``(4) Graduate education expenses.--The term `graduate education expenses' means the qualified tuition and related expenses paid by the taxpayer during a taxable year for an individual enrolled in a graduate or professional course of study during such taxable year. ``(5) Adjustment for certain scholarships, etc.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(f) Election Not To Have Section Apply.--A taxpayer may elect to have this section not apply with respect to an individual for any taxable year.''. (b) Coordination With Exclusion for Income From United States Savings Bonds Used To Pay Higher Education Tuition and Fees.-- Subparagraph (A) of section 135(d)(2) of such Code is amended by inserting ``or 25E'' after ``section 25A''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Universal college 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.
Universal College Credit Act - Amends the Internal Revenue Code to allow a tax credit up to $5,000 annually for the qualified tuition and related expenses of an individual taxpayer, a taxpayer's spouse, or dependents for instruction at an institution of higher education. Allows such credit for four years of undergraduate education expenses and six years of graduate or professional education expenses. Excludes expenses for courses involving sports, games, or hobbies (unless part of a degree program) and expenses unrelated to an academic program (e.g., student activity fees, athletic fees, or insurance expenses).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017''. SEC. 2. FINDINGS. Congress finds as follows: (1) In 1996, Congress unanimously passed the Food Quality Protection Act of 1996 (Public Law 104-170; 110 Stat. 1489) (referred to in this section as ``FQPA''), a comprehensive overhaul of Federal pesticide and food safety policy. That Act amended the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (referred to in this section as ``FIFRA'') and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the laws that govern how the Environmental Protection Agency (referred to in this section as the ``EPA'') registers pesticides and pesticide labels for use in the United States and establishes tolerances or acceptable levels for pesticide residues on food. (2) The FQPA directs the EPA to ensure with ``reasonable certainty'' that ``no harm'' will result from food, drinking water, and other exposures to a pesticide. If EPA cannot make this safety finding, it must prohibit residues and use of the pesticide on food. The FQPA mandates that EPA must consider children's special sensitivity and exposure to pesticide chemicals and must make an explicit determination that the pesticide can be used with a ``reasonable certainty of no harm'' to children. In determining acceptable levels of pesticide residue, EPA must account for the potential health harm from pre-and postnatal exposures. The economic benefits of pesticides cannot be used to override this health-based standard for children from food and other exposures. (3) Chlorpyrifos is a widely used pesticide first registered by EPA in 1965. Chlorpyrifos is an organophosphate pesticide, a class of pesticides developed as nerve agents in World War II and adapted for use as insecticides after the war. Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisonings occur when nerve impulses pulsate through the body, causing symptoms like nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death. Based on dozens of peer-reviewed scientific articles, EPA determined that exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in the mothers could lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children. (4) People, including pregnant women, are exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Chlorpyrifos is used on an extensive variety of crops, including fruit and nut trees, vegetables, wheat, alfalfa, and corn. Between 2006 and 2012, chlorpyrifos was applied to more than 50 percent of the Nation's apple and broccoli crops, 45 percent of onion crops, 46 percent of walnut crops, and 41 percent of cauliflower crops. (5) Chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children. Prenatal exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention- deficit disorders, and structural changes in the brain. (6) There is no nationwide chlorpyrifos use reporting. The United States Geological Survey estimates annual pesticide use on agricultural land in the United States, and estimates that chlorpyrifos use on crops in 2014 ranged from 5,000,000 to 7,000,000 pounds of chlorpyrifos. (7) In its 2016 report, the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel recognized ``the growing body of literature with laboratory animals (rats and mice) indicating that gestational and/or early postnatal exposure to chlorpyrifos may cause persistent effects into adulthood along with epidemiology studies which have evaluated prenatal chlorpyrifos exposure in mother-infant pairs and reported associations with neurodevelopment outcomes in infants and children.''. (8) Chlorpyrifos has long been of concern to EPA. Residential uses of chlorpyrifos ended in 2000 after EPA found unsafe exposures to children. EPA also discontinued use of chlorpyrifos on tomatoes and restricted its use on apples and grapes in 2000, and obtained no-spray buffers around schools, homes, playfields, day cares, hospitals, and other public places, ranging from 10 to 100 feet. In 2015, EPA proposed to ban all chlorpyrifos food tolerances, based on unsafe drinking water contamination, which would end use of chlorpyrifos on food in the United States. After updating the risk assessment for chlorpyrifos in November 2016 to protect against prenatal exposures associated with brain impacts, EPA found that expected residues from use on food crops exceeded the safety standard, and additionally the majority of estimated drinking water exposures from currently allowed uses of chlorpyrifos also exceeded acceptable levels, reinforcing the need to revoke all food tolerances for the pesticide. (9) Chlorpyrifos threatens the healthy development of children. Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat and drink more proportional to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments. In November 2016, EPA released a revised human health risk assessment for chlorpyrifos that confirmed that there are no acceptable uses for the pesticide, all food uses exceed acceptable levels, with children ages 1 to 2 exposed to levels of chlorpyrifos that are 140 times what the EPA considers acceptable. (10) Chlorpyrifos threatens agricultural workers. Farm workers are exposed to chlorpyrifos from mixing, handling, and applying the pesticide, as well as from entering fields where chlorpyrifos was recently sprayed. Chlorpyrifos is one of the pesticides most often linked to acute pesticide poisonings, and in many States, it is regularly identified among the 5 pesticides linked to the highest number of pesticide poisoning incidents. This is significant given widespread under-reporting of pesticide poisonings due to such factors as inadequate reporting systems, fear of retaliation from employers, and reluctance to seek medical treatment. According to the EPA, all workers who mix and apply chlorpyrifos are exposed to unsafe levels of the pesticide even with maximum personal protective equipment and engineering controls. Field workers are currently allowed to re-enter fields within 1 to 5 days after chlorpyrifos is sprayed based on current restricted entry intervals on the registered chlorpyrifos labels but unsafe exposures continue on average 18 days after applications. (11) Chlorpyrifos threatens families in agricultural communities. Rural families are exposed to unsafe levels of chlorpyrifos on their food and in their drinking water. They are also exposed to toxic levels of chlorpyrifos when it drifts from the fields to homes, schools, and other places people gather. EPA's 2016 revised human health risk assessment found that chlorpyrifos drift reaches unsafe levels at 300 feet away from the edge of the treated field, and the chemical chlorpyrifos is found at unsafe levels in the air at schools, homes, and communities in agricultural areas. The small buffers put in place in 2012 leave children unprotected from this toxic pesticide drift. (12) Chlorpyrifos threatens drinking water. EPA's 2014 and 2016 risk assessments have found that chlorpyrifos levels in drinking water are unsafe. People living and working in agricultural communities are likely to be exposed to higher levels of chlorpyrifos and other organophosphate pesticides in their drinking water. (13) In 2015, leading scientific and medical experts, along with children's health advocates, came together, under ``Project TENDR: Targeting Environmental Neuro-Developmental Risks'' (referred to in this section as ``TENDR''), to issue a call to action to reduce widespread exposures to chemicals that interfere with fetal and children's brain development. Based on the available and peer-reviewed scientific evidence, the TENDR authors identified prime examples of neurodevelopmentally toxic chemicals ``that can contribute to learning, behavioral, or intellectual impairment, as well as specific neurodevelopmental disorders such as ADHD or autism spectrum disorder,'' and listed organophosphate pesticides, among them. In the United States, based on reporting from parents, 1 in 6 children have a developmental disability or other developmental delay. The TENDR Consensus Statement concludes that ``to help reduce the unacceptably high prevalence of neurodevelopmental disorders in our children, we must eliminate or significantly reduce exposures to chemicals that contribute to these conditions.''. SEC. 3. PROHIBITIONS RELATING TO CHLORPYRIFOS. Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j) Notwithstanding any other provision of law, if it bears or contains chlorpyrifos, including any residue of chlorpyrifos, or any other added substance that is present on or in the food primarily as a result of the metabolism or other degradation of chlorpyrifos.''. SEC. 4. REVIEW OF ORGANOPHOSPHATE PESTICIDES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall offer to enter into a contract with the National Research Council to conduct a cumulative and aggregate risk assessment that addresses all populations, and the most vulnerable subpopulations, including infants, children, and fetuses, of exposure to organophosphate pesticides. (b) Contents of Review.--The review under subsection (a) shall-- (1) assess the neurodevelopmental effects and other low- dose effects of exposure to organophosphate pesticides, including in the most vulnerable subpopulations, including-- (A) during the prenatal, childhood, adolescent, and early life stages; and (B) agricultural workers; (2) assess the cumulative and aggregate risks from exposure described in paragraph (1), which shall aggregate all routes of exposure, including diet, pesticide drift, volatilization, occupational, and take-home exposures; and (3) be completed and submitted to the Administrator not later than October 1, 2019. (c) Regulatory Action.-- (1) Applicability.--This subsection shall apply if the Administrator becomes aware of any exposure to any organophosphate pesticide, including exposures described in paragraphs (1) and (2) of subsection (b), that does not meet, as applicable-- (A) the standard under section 408(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(2)); or (B) any standard under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (2) Action.--Not later than 90 days after the date on which the Administrator becomes aware of any exposure under paragraph (1), the Administrator shall take any appropriate regulatory action, regardless of whether the review under subsection (a) is completed, including-- (A) revocation or modification of a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a); or (B) modification, cancellation, or suspension of a registration under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (d) Effect.--Nothing in this section authorizes or requires the Administrator to delay in carrying out or completing, with respect to an organophosphate pesticide, any registration review under section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)), any tolerance review under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a), or any registration or modification, cancellation, or suspension of a registration under section 3 or 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a, 136d), if-- (1) the organophosphate pesticide does not meet applicable requirements established under those provisions of law; or (2) the review, registration, modification, cancellation, or suspension is required-- (A) by statute; (B) by judicial order; or (C) to respond to a petition.
Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit from sale any food that contains the organophosphate pesticide, chlorpyrifos. The Environmental Protection Agency (EPA) must offer a contract to the National Research Council to conduct an organophosphate pesticide risk assessment. If the EPA finds pesticide exposure that does not meet FFDCA standards or the Federal Insecticide, Fungicide, and Rodenticide Act standards, the EPA must take regulatory action not later than 90 days after becoming aware of the exposure.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congaree National Park Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Congaree Swamp National Monument, consisting of 22,200 acres, was established in 1976 to preserve the finest remaining example of an old-growth southern hardwood forest in North America; (2) Congaree Swamp contains a variety of rare ecological, geological, archaeological, scenic, historical, and wildlife components, including-- (A) the largest remaining tract of old-growth bottomland hardwood forest in the United States, the remnant of an ecosystem that once covered more than 24,000,000 acres of river bottom from Maryland to Texas; (B) extensive stands of old-growth bottomland hardwoods and rare examples of the globally endangered longleaf pine forest; (C) important habitat for more than 700 species of plants, 173 species of birds, 51 kinds of reptiles and amphibians, and 53 species of fish (including rare, threatened, and endangered species), and 10 species of rare plants; and (D) a natural setting of national and international significance; (3) the Monument-- (A) provides opportunities for educational and recreational activities and research; and (B) is used for hiking, camping, fishing, and unconfined wilderness experiences (including opportunities for solitude); (4) certain private land adjacent to the Monument-- (A) has been determined by the State of South Carolina to contain outstanding recreational areas and wildlife habitat; (B) provides essential habitat for declining species of fish, wildlife, and plants, including colonial waterbirds and neotropical migratory songbirds; and (C) contains a variety of archaeological and historical resources dating from 10,000 years ago to the 19th century; (5) the Monument and adjacent private land contain cultural resources important for interpreting life during the Colonial and Antebellum periods, including Buycke's levee, which-- (A) served as a cattle mound and a refuge for livestock; and (B) has a doughnut-shaped construction, making it the only example of that type of construction known to exist; and (6) land in and adjacent to the Monument is recognized-- (A) as playing an important role in the history of the United States from the explorations of Hernando de Soto to the fall of Columbia, South Carolina in the Civil War; (B) for offering natural, ecological, wildlife, cultural, scenic, historic, wilderness, and recreational resources; and (C) as being a fragile and irreplaceable ecological system that could be destroyed if not carefully protected. (b) Purposes.--The purposes of this Act are-- (1) to expand the boundary of the Monument by approximately 4,576 acres and redesignate the Monument as a national park to-- (A) protect and interpret an intact bottomland hardwood ecosystem; (B) promote the recovery of longleaf pine in upland habitats; (C) restore ecological functions; and (D) protect native populations of fish, wildlife, and plants; (2) to protect and interpret the site of McCord's Ferry and other cultural features that illustrate the evolving agricultural and commercial practices in the South during the Colonial and Antebellum periods; and (3) to provide opportunities for scientific research and to enhance visitor opportunities at the Monument. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Congaree National Park Boundary Map'', numbered 178/80015, and dated April 2003. (2) Park.--The term ``Park'' means the Congaree National Park established by section 4(a). (3) Plan.--The term ``plan'' means the general management plan developed under section 5(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of South Carolina. SEC. 4. ESTABLISHMENT OF CONGAREE NATIONAL PARK. (a) Establishment.--There is established in the State the Congaree National Park. (b) Composition.--The Park shall be composed of-- (1) the Congaree Swamp National Monument; and (2) approximately 4,576 acres of land adjacent to the Congaree Swamp National Monument, as depicted on the map. (c) Boundary Survey.--As soon as practicable after the date of enactment of this Act and subject to the availability of funds, the Secretary shall complete an official survey of the Park. (d) Map and Legal Description.-- (1) Availability of map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Submission to congress.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and a legal description of the Park. (3) Effect.--The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct any errors in the map or legal description. (e) Acquisition of Land.--The Secretary may acquire by donation, purchase from a willing seller with donated or appropriated funds, transfer, or exchange, land or an interest in land for inclusion in the Park. (f) Boundary Revision.-- (1) In general.--Subject to paragraph (2), the Secretary may make minor revisions to the boundary of the Park by publishing in the Federal Register a revised map or boundary description. (2) Limitation.--The total area of the Park shall not exceed 30,000 acres. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.-- (1) In general.--Not later than the end of the third fiscal year after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park. (2) Inclusions.--The plan shall include a recommendation on whether the boundary of the Congaree National Park Wilderness should be expanded. (3) Applicable law.--The Secretary shall prepare the plan in accordance with-- (A) section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)); and (B) any other applicable law. (4) Submission to congress.--On completion of the plan, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the plan. (c) Fishing.-- (1) In general.--The Secretary shall permit sport fishing on land and water within the Park in accordance with applicable Federal and State laws. (2) Limitations.-- (A) Regulations.--The Secretary may designate by regulation areas in which, and periods during which, no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment of the Park. (B) Consultation.--Except in an emergency, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A). SEC. 6. DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS. (a) In General.--The Congaree Swamp National Monument Wilderness in the State shall be designated as the ``Congaree National Park Wilderness''. (b) References.--Any reference to the Congaree Swamp National Monument Wilderness in a law (including regulations), map, document, paper, or other record of the United States shall be considered to be a reference to the Congaree National Park Wilderness. SEC. 7. EFFECT. Nothing in this Act-- (1) affects the use of private land adjacent to the Park; or (2) preempts the authority of the State with respect to the regulation of hunting, fishing, boating, and wildlife management on private land or water outside the boundaries of the Park. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Congaree National Park Act of 2003 - Establishes Congaree National Park, which shall be composed of the Congaree Swamp National Monument and approximately 4,576 acres of adjacent land in South Carolina. Authorizes the Secretary to acquire land for inclusion in the Park by donation, purchase from a willing seller, transfer, or exchange. Limits the Park's total area to 30,000 acres. Requires the Secretary to: (1) submit a general management plan for the Park to specified congressional committees; and (2) permit sport fishing within the Park. Designates the Congaree Swamp National Monument Wilderness as the Congaree National Park Wilderness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Register of Copyrights Selection and Accountability Act of 2017''. SEC. 2. REGISTER OF COPYRIGHTS. (a) Amendments.--Section 701 of title 17, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(a) All administrative'' and inserting the following: ``(a) Register and Director.-- ``(1) In general.--All administrative''; (B) by striking ``director'' and inserting ``Director''; (C) by inserting after the first sentence the following: ``The Register of Copyrights shall be a citizen of the United States with a professional background and experience in copyright law, shall be capable of identifying and supervising a Chief Information Officer or other similar official responsible for managing modern information technology systems, and shall be appointed by the President from the individuals recommended under paragraph (6), by and with the advice and consent of the Senate.''; and (D) in the last sentence, by striking ``shall be appointed'' and all that follows through ``and shall act'' and inserting ``shall act''; (2) in subsection (b), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and adjusting the margins accordingly; (3) by redesignating subsection (b) as paragraph (2), and adjusting the margins accordingly; (4) in paragraph (2), as so redesignated, by inserting ``Duties.--'' before ``In addition''; (5) by inserting after paragraph (2) the following: ``(3) Oath.--The Register of Copyrights shall, before taking office, take an oath to discharge faithfully the duties of the Copyright Office described in paragraph (2). ``(4) Removal.-- ``(A) In general.--The Register of Copyrights may be removed from office by the President. ``(B) Notification.--The President shall provide notification to both Houses of Congress of a removal under subparagraph (A). ``(5) Term of office.-- ``(A) In general.--Subject to subparagraph (B), the Register of Copyrights-- ``(i) shall be appointed for a term of 10 years; and ``(ii) may serve until a successor is appointed, confirmed, and taken the oath of office. ``(B) Limitation.--The Register of Copyrights may not continue to serve after the date on which Congress adjourns sine die after the date on which the 10-year period described in subparagraph (A)(i) ends. ``(C) Reappointment.--An individual appointed to the position of Register of Copyrights, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with the requirements of this section. ``(6) Panel for register of copyrights recommendations.-- There is established a panel to recommend a list of at least 3 individuals to the President for appointment as the Register of Copyrights. The panel shall be composed of the following: ``(A) The Speaker of the House of Representatives. ``(B) The President pro tempore of the Senate. ``(C) The majority and minority leaders of the House of Representatives and the Senate. ``(D) The Librarian of Congress.''; (6) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (7) in subsection (b), as so redesignated, by inserting ``Seal.--'' before ``The Register''; (8) in subsection (c), as so redesignated, by inserting ``Annual Report.--'' before ``The Register''; (9) in subsection (d), as so redesignated, by inserting ``Applicability of Title 5.--'' before ``Except as provided''; and (10) in subsection (e), as so redesignated, by inserting ``Compensation.--'' before ``The Register''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any vacancy for the Register of Copyrights after January 1, 2017. If a Register of Copyrights is appointed during the period beginning on January 1, 2017 and ending on the day before the date of the enactment of this Act, that Register shall meet the requirements of the amendments made by this Act or shall be replaced in accordance with such amendments. SEC. 3. CONSTRUCTION. Nothing in this Act may be construed to impact the mandatory deposit requirements in title 17, United States Code. Passed the House of Representatives April 26, 2017. Attest: KAREN L. HAAS, Clerk.
Register of Copyrights Selection and Accountability Act of 2017 (Sec. 2) This bill amends federal copyright law to require the President, with the advice and consent of the Senate, to appoint a Register of Copyrights from a list of at least three individuals recommended by a panel composed of: the Speaker of the House of Representatives; the President pro tempore of the Senate; the majority and minority leaders of the House and the Senate; and the Librarian of Congress. (Currently, the Register of Copyrights is appointed by the Librarian of Congress.) To be eligible for appointment, the individual must be a citizen of the United States with a professional background and experience in copyright law and must be capable of identifying and supervising a chief information officer responsible for managing modern information technology systems. The bill limits the term of office for the Register of Copyrights to 10 years, but the individual may be reappointed subject to the same requirements established in this bill. The President may remove the Register of Copyrights from office and must notify both chambers of Congress of any such removal. (Sec. 3) Nothing in this bill may be construed to impact the mandatory deposit requirements under which owners of a copyright or of an exclusive right of publication must deposit in the U.S. Copyright Office two copies or phonorecords of works published in the United States for the use or disposition of the Library of Congress.
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SECTION 1. FEDERAL FUNDING PROHIBITION. (a) Prohibition.--Except as provided in subsection (b) or (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced any jobs during the previous five years unless the company of interest-- (1) has not outsourced any jobs during the previous two years; and (2) has created in the United States since the company of interest last outsourced any jobs, and continues to maintain in the United States, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years. (b) Agreement to Create New Jobs.--A Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced jobs during the previous five years only if the company of interest agrees-- (1) to create in the United States, not later than 18 months after the company has received the grant, contract, loan guarantee, or other funding, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years, and to maintain such new jobs in the United States for at least 18 months; (2) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the company of interest does not create the new jobs described in paragraph (1); and (3) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount, to be determined by the Federal agency, that is not more than 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the Federal agency finds that the company of interest did not in good faith attempt to maintain for at least 18 months the new jobs that the company of interest created pursuant to the agreement described in paragraph (1). (c) Documentation.--Except as provided in subsection (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest unless the company of interest has provided documentation to the Federal agency that indicates either that the company has not outsourced jobs during the previous five years or that the company has fulfilled the requirements under subsection (a) or (b). (d) Obligation Condition.--Any obligation entered into by a Federal agency to award a grant or contract, make a loan guarantee, or provide any other funding to a company of interest shall include the condition that if the company of interest outsources any jobs after such obligation is entered into and before the company of interest is to receive the grant, contract, loan guarantee, or other funding, the Federal agency shall not award the grant or contract, make the loan guarantee, or provide the other funding. (e) Outsourcing Agreement.--A Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest only if the company of interest agrees-- (1) not to outsource any jobs within 18 months after the Federal agency awards the grant or contract, makes the loan guarantee, or provides the other funding; and (2) if the company of interest does not satisfy the agreement described in paragraph (1), to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to the total value before the outsourcing of one year's wages and benefits for each of the jobs outsourced within 18 months after the company of interest receives the grant, contract, loan guarantee, or other funding. (f) National Security Exception.--The restrictions and penalties under this section shall not apply if the Federal agency awards a grant or contract, makes a loan guarantee, or provides any other funding, or enters into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, for purposes of national security. (g) Implementation and Regulations.--The Secretary of Commerce shall coordinate the Federal agencies' implementation of the documentation requirement described in subsection (c). The Secretary of Commerce shall prescribe regulations necessary to carry out this section. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Company of interest.--The term ``company of interest'' means-- (A) a corporation or other legal entity organized under the laws of the United States; (B) a subsidiary of a corporation or legal entity described in subparagraph (A); (C) a corporation or other legal entity that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; or (D) a corporation or other legal entity with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (2) New jobs.--The term ``new jobs'' means jobs created by a company of interest such that with respect to each new job the total value of wages and benefits is equal to or greater than the average total value of wages and benefits of the jobs outsourced by the company of interest during the previous five years. (3) Outsource.--The term ``outsource'' means to hire employees to perform services outside the United States when the services previously had been performed in the United States. (4) United states.--The term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 3. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.
Prohibits Federal agencies from awarding grants, contracts, loan guarantees, and other funding to companies of interest (as defined under this Act) that have outsourced jobs during the previous five years, except as specified under this Act or for national security purposes.
{"src": "billsum_train", "title": "To make certain companies that have outsourced jobs during the previous five years ineligible for the receipt of Federal grants, Federal contracts, Federal loan guarantees, and other Federal funding, and for other purposes."}
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SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--Additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each of calendar years 2002 through 2015, the Secretaries jointly, shall-- ``(A) verify-- ``(1) the wages paid in the preceding calendar year by each producer (including the value of usual and customary fringe benefits)-- ``(I) to permanent residents of the insular possessions; and ``(II) to workers providing training in the insular possessions in the production or manufacture of watch movements and watches or engaging in such other activities in the insular possessions relating to such production or manufacture as are approved by the Secretaries; and ``(2) the total quantity and value of watches produced in the insular possessions by that producer and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 60 days after the end of the preceding calendar year) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of-- ``(A) 90 percent of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of the first 300,000 units; plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of units in excess of 300,000 but not in excess of 750,000; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding calendar year if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on the watches if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect for such preceding calendar year.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure a refund of duties equal to the face value of the certificate on watches, watch movements, and articles of jewelry provided for in heading 7113 that are imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay directly to the certificate holder the face value of the certificate, less the value of-- ``(1) any duty refund previously claimed by the holder under the certificate, and ``(2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. ``(C) Direct payments under clause (B) shall be made under regulations issued by the Secretary of the Treasury. Such regulations shall assure that a certificate holder is required to provide only the minimum documentation necessary to support an application for direct payment. A certificate holder shall not be eligible for direct payment under clause (B) unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(D) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements, and parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make the payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note 3 to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa by a jewelry manufacturer or jewelry assembler that commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa after August 9, 2001, shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule if such article is entered no later than 18 months after such jewelry manufacturer or jewelry assembler commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to goods imported into the customs territory of the United States on or after January 1, 2002.
Amends the Harmonized Tariff Schedule of the United States to extend through 2015 the Production Incentive Certificate program (PIC), which reimburses watch and jewelry producers in the U.S. Virgin Islands, Guam, and American Samoa ("insular possessions") for import duties. Includes fringe benefits in determining verified creditable wages, which are used for calculations to determine refund totals.Includes in the reimbursement to producers of watches in the insular possessions, the difference between the amount that would have been due on a producer's non-digital watches during the preceding year under duty rates existing on January 1, 2001, and the amount due under the actual duty rates of that preceding calendar year.Authorizes the Secretary of the Treasury to: (1) make PIC payments from duties on jewelry or other products as needed (presently PIC payments are funded by watch duties); and (2) directly reimburse all producers. Eliminates the 750,000 unit per producer limit for jewelry products of the insular possessions, while retaining the overall unit and dollar value limits for the PIC program.Revises certain requirements for duty-free treatment of articles of jewelry as products of the insular possessions. Requires treatment as such a product if the article of jewelry is: (1) assembled in an insular possession by a jewelry manufacturer or jewelry assembler that commenced manufacturing or assembly in such territory after August 9, 2001; and (2) entered into the United States within 18 months after the manufacturer or assembler commenced operations.
{"src": "billsum_train", "title": "A bill entitled \"The Production Incentive Certificate Program Revision Act\"."}
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SECTION 1. FINDINGS. The Congress finds the following: (1) The United States faces a range of energy challenges that affect our economy, security, and environment. Fundamentally, these challenges involve science and technology. (2) The Department of Energy already has some of the mechanisms necessary to promote long-term research, but it lacks the mechanisms for quickly transforming the results into technology that meets national needs. (3) A recent report of the Secretary of Energy's Advisory Board's Task Force on the Future of Science Programs at the Department of Energy concluded that ``America can meet its energy needs only if we make a strong and sustained investment in research in physical science, engineering, and applicable life sciences and if we translate advancing scientific knowledge into practice''. (4) The Department of Defense, since 1958, has used its Defense Advanced Projects Research Agency (DARPA) for aggressively addressing real-time defense problems through targeted programs of research and technology development that have improved our national defense through transformation technologies. (5) The National Academy of Sciences' report entitled ``Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future'' recommends creating a new agency within the Department of Energy to sponsor ``creative, out-of-the-box, transformational, generic energy research in those areas where industry by itself cannot or will not undertake such sponsorship, where risks and pay-offs are high''. Such an organization would be able to accelerate the process by which research is transformed to address energy- related economic, environmental, and security issues to decrease dependence on foreign energy through targeted research and technology development. SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY. (a) Establishment.--There is established the Advanced Research Projects Agency-Energy (in this Act referred to as ``ARPA-E'') within the Department of Energy. (b) Goal.--The goal of ARPA-E is to reduce the amount of energy the United States imports from foreign sources by 20 percent over the next 10 years by-- (1) promoting revolutionary changes in the critical technologies that would promote energy independence; (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to decrease the Nation's reliance on foreign energy sources. (c) Director.--ARPA-E shall be headed by a Director who shall be appointed by the Secretary of Energy. The Director shall report to the Secretary. (d) Responsibilities.--The Director shall administer the Fund established under section 3 to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities which may include federally funded research and development centers, to achieve the goals stated in subsection (b) through targeted acceleration of-- (1) energy-related research; (2) development of resultant techniques, processes, and technologies, and related testing and evaluation; and (3) demonstration and commercial application of the most promising technologies and research applications. (e) Personnel.-- (1) Program managers.--The Director shall designate employees to serve as program managers for each of the programs established pursuant to the responsibilities established for ARPA-E under subsection (d). Program managers shall be responsible for-- (A) establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, as well as publicizing its goals to the public and private sectors; (B) soliciting applications for specific areas of particular promise, especially those which the private sector cannot or will not provide funding; (C) selecting research projects for support under the program from among application submitted to ARPA-E, following consideration of-- (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the applicants to successfully carry out the proposed research project; and (iii) such other criteria as are established by the Director; and (D) monitoring the progress of projects supported under the program. (2) Hiring and management.--In hiring personnel for ARPA-E, the Secretary shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). For purposes of subsection (c)(1) of that section, the term of appointments for employees may not exceed 5 years before the granting of any extension. (f) Coordination.--The Director shall ensure that the activities of ARPA-E are coordinated with those of other relevant research agencies, and may carry out projects jointly with other agencies. SEC. 3. FUND. (a) Establishment.--There is established in the Treasury the Energy Independence Acceleration Fund (in this Act referred to as the ``Fund''), which shall be administered by the Director of ARPA-E for the purposes of carrying out this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Director of ARPA-E for deposit in the Fund $300,000,000 for fiscal year 2007, $375,000,000 for fiscal year 2008, $468,000,000 for fiscal year 2009, $585,000,000 for fiscal year 2010, $732,000,000 for fiscal year 2011, and $915,000,000 for fiscal year 2012, to remain available until expended. SEC. 4. RECOUPMENT. (a) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for the recoupment of the Federal share of each project supported under this Act. Such recoupment shall occur within a reasonable period of time following the date of the completion of such project, but not later than 20 years following such date, taking into account the effect of recoupment on-- (1) the commercial competitiveness of the entity carrying out the project; (2) the profitability of the project; and (3) the commercial viability of the technology utilized. (b) Waiver.--The Secretary may at any time waive or defer all or some portion of the recoupment requirement as necessary for the commercial viability of the project. (c) Availability of Funds.--Revenue received by the Federal Government pursuant to this section shall be deposited into the Fund and shall be available with further appropriation to fund future grants, contracts, and cooperative agreement as authorized by the Director. (d) Definitions.--For the purposes of this section-- (1) the term ``for-profit entity'' means a licensee or successor in interest to a venture member, or any other for- profit person or entity, or combination of such persons or entities, that earns or accrues amounts subject to this section; (2) the term ``product or invention supported by or produced as a result of funding under this Act'' includes any product or invention of a venture member based on or using any technology or invention arising out of a venture funded under this Act; and (3) the term ``revenue generated by or resulting from a product or invention'' includes revenue derived from the sale or licensing of patents or other rights with respect to the product or invention. SEC. 5. ADVICE. (a) Advisory Committees.--The Director may seek advice on any aspect of ARPA-E from-- (1) existing Department of Energy advisory committees; and (2) new advisory committees organized to support the programs of ARPA-E and to provide advice and assistance on-- (A) specific program tasks; or (B) overall direction of ARPA-E. (b) Applicability.--Section 14 of the Federal Advisory Committee Act shall not apply to advisory committees organized under subsection (a)(2). (c) Additional Sources of Advice.--The Director may seek advice and review from the National Academy of Sciences, the National Academy for Engineering, and any other professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E. SEC. 6. ARPA-E EVALUATION. After ARPA-E has been in operation for 54 months, the President's Committee on Science and Technology shall begin an evaluation (to be completed within 12 months) of how well ARPA-E is achieving its goals and mission. The evaluation shall include the recommendation of such Committee on whether ARPA-E should be continued or terminated, as well as lessons-learned from its operation. The evaluation shall be made available to Congress and to the public upon completion.
Establishes the Advanced Research Projects Agency-Energy (ARPA-E) within the Department of Energy to reduce the amount of energy the United States imports from foreign sources by 20% over the next 10 years. Establishes the Energy Independence Acceleration Fund, administered by the ARPA-E Director for the award of competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia, including federally funded research and development centers, to achieve specified goals through targeted acceleration of: (1) energy-related research; (2) development of resultant techniques, processes, and technologies, and related testing and evaluation; and (3) demonstration and commercial application of the most promising technologies and research applications. Directs the Secretary to establish procedures and criteria for recoupment of the federal share of each project supported under this Act. Requires the President's Committee on Science and Technology to evaluate for Congress and the public how well ARPA-E is achieving its goals and mission.
{"src": "billsum_train", "title": "To provide for the establishment of the Advanced Research Projects Agency-Energy."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Hunger Relief Act''. SEC. 2. SCHOOL MEALS. (a) Commodities.--Section 6(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended-- (1) in subparagraph (A), by striking ``on July 1, 1982, and each July 1 thereafter'' and inserting ``in accordance with subparagraph (B)''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Adjustment.--The Secretary shall-- ``(i) on each January 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for September, October, and November each year; ``(ii) on each July 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year; and ``(iii) round the result of each increase to the nearest higher \1/4\ cent.''. (b) Overall Adjustment.--Section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)) is amended-- (1) in paragraph (2), by striking ``98.75 cents'' and inserting ``the amount computed under paragraph (3)''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) in the matter before clause (i), by striking ``July 1, 1982, and on each subsequent July 1, an annual adjustment'' and inserting ``each January 1 and July 1, a semiannual increase''; and (ii) in clause (ii), by striking ``(as established under paragraph (2) of this subsection)''; (B) in subparagraph (B)-- (i) in clause (i), by striking ``annual adjustment'' and inserting ``semiannual increase''; (ii) in clause (ii)-- (I) by striking ``annual adjustment'' and inserting ``semiannual increase''; and (II) by striking ``12-month period'' and inserting ``6-month period''; and (iii) by striking clause (iii) and inserting the following: ``(iii) Rounding.--On each January 1 and July 1, the national average payment rates for meals and supplements shall be-- ``(I) increased to the nearest higher cent; and ``(II) based on the unrounded amount previously in effect.''. (c) Payments to Service Institutions.--Section 13(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Adjustments.--The Secretary shall-- ``(i) on each January 1, increase each amount specified in subparagraph (A) as adjusted through the preceding July 1 to reflect changes for the 6-month period ending the preceding November 30 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(ii) on each July 1, increase each amount specified in subparagraph (A) as adjusted through the preceding January 1 to reflect changes for the 6-month period ending the preceding May 31 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(iii) base each increase on the unrounded amount previously in effect; and ``(iv) round each increase described in clauses (i) and (ii) to the nearest higher cent increment.''. (d) Reimbursement of Family or Group Day Care Home Sponsoring Organizations.-- (1) Tier i.--Section 17(f)(3)(A)(ii)(IV) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV) and inserting the following: ``(IV) Adjustments.--On each July 1 and January 1, the Secretary shall-- ``(aa) increase each reimbursement factor under this subparagraph to reflect the changes in the Consumer Price Index for food at home for the most recent 6-month period for which the data are available; ``(bb) base each increase on the unrounded amount previously in effect; and ``(cc) round each increase described in item (aa) to the nearest higher cent increment.''. (2) Tier ii.--Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and inserting the following: ``(bb) Adjustments.--On each July 1 and January 1, the Secretary shall increase the reimbursement factors to reflect the changes in the Consumer Price Index for food at home for the most recent 6- month period for which the data are available, base the increases on the unrounded amount previously in effect, and round the increases to the nearest higher cent increment.''. (e) Special Milk Program.--Section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended-- (1) by striking paragraph (7) and inserting the following: ``(7) Minimum rate of reimbursement.--For each school year, the minimum rate of reimbursement for a \1/2\ pint of milk served in schools and other eligible institutions shall be not less than minimum rate of reimbursement in effect on September 30, 2008, as increased on a semiannual basis each school year to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor.''; and (2) in paragraph (8), by inserting ``higher'' after ``nearest''.
National Child Hunger Relief Act - Amends the Richard B. Russell National School Lunch Act to provide semiannual reimbursement rate adjustments for: (1) national school lunch and breakfast programs; (2) the special milk program; (3) the child and adult day care program; and (4) the summer food service program.
{"src": "billsum_train", "title": "A bill to require semiannual indexing of certain Federal child nutrition programs."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Blue Ridge Parkway Protection Act''. SEC. 2. DEFINITIONS. In this Act-- (1) Director.--The term ``Director'' means the Director of the National Park Service. (2) Parkway.--The term ``Parkway'' means the Blue Ridge Parkway. (3) Plan.--The term ``Plan'' means the National Park Service's Blue Ridge Parkway Land Protection Plan. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Superintendent.--The term ``Superintendent'' means the Superintendent of the Blue Ridge Parkway. SEC. 3. FINDINGS. Congress finds that-- (1) it is in the national interest to preserve and protect the Blue Ridge Parkway, the most visited unit of the National Park System; (2) the 75th anniversary of the Blue Ridge Parkway is in September 2010; (3) the Parkway, including 469 miles in North Carolina and Virginia linking the Great Smoky Mountains National Park to the Shenandoah National Park, has nearly 19,000,000 visitors each year and is vital to the economic well-being of communities along the Parkway; (4) the Parkway's renowned scenic vistas are threatened by encroaching development, and surveys of visitors to the Parkway have found that fewer people would frequent the Parkway if scenic views are compromised; (5) the protection and conservation of land along the Parkway helps preserve farmland, intact forests, wildlife habitat, and drinking water supplies downstream; and (6) in order to preserve the natural beauty, ecological integrity, and cultural heritage of the Parkway and to commemorate its 75th anniversary, it is vital that certain lands contiguous to the Parkway are conserved for the enjoyment of future generations. SEC. 4. LAND ACQUISITION. (a) Acquisition Authority.--The Secretary is authorized to acquire land and interests in land from willing sellers by donation, by purchase with donated or appropriated funds, or by exchange to protect up to 50,000 acres of land that are identified in the Plan or that meets the Plan's amendment criteria. (b) Acquisition of Land.--Lands and interests in lands to be acquired with funds made available under this Act shall be-- (1) contiguous with the Parkway; and (2) identified by the Superintendent as a priority for acquisition by the Federal Government. (c) Availability of Plan.--The Plan shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Boundary Adjustment.--Upon acquisition of lands and interests in land under this Act, the Secretary shall adjust the boundary of the Parkway to reflect the acquisition. (e) Administration.--Lands or interests in land acquired for the Parkway shall be administered by the Secretary, through the National Park Service, as part of the Parkway in accordance with all applicable laws and regulations. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this Act $15,000,000 for each of fiscal years 2011 through 2015. Unobligated funding in each of these fiscal years shall be available until expended. (b) Technical Assistance.--From the funds made available under this Act, the Secretary may award grants for the following: (1) To acquire land and interests in lands. (2) To provide technical expense assistance (such as costs for title reports, recordable surveys, hazardous material surveys, and appraisals, and other costs normally associated with land acquisition) by entering into cooperative agreements with qualified non-profit conservation organizations for acquiring lands or interests in lands from willing sellers that have been specifically identified by the Superintendent as a priority. (c) Site Restoration and Surveys.--The Secretary is authorized to expend not more than 10 percent of funds made available under this section in any fiscal year for site restoration and for resource surveys. (d) Reimbursement of Expenses for Qualified Non-Profit Conservation Organizations.--From funds made available under this Act, not more than $250,000 may be used in each of fiscal years 2011 through 2015 for the reimbursement of administrative expenses for qualified non-profit conservation organizations involved directly in land acquisition projects in which lands and interests in lands are conveyed to the Parkway. Such funds shall be disbursed according to cooperative agreement arrangements established with qualified non-profit conservation organizations for the purpose of acquiring lands or interests in lands for the protection of the Parkway and shall remain available until expended. SEC. 6. REPORTING REQUIREMENTS. For each fiscal year that funds are made available under this Act, the Secretary shall submit to Congress a report that includes-- (1) a description of the condition of the Parkway, including threats and land preservation needs; (2) a list of land acquisitions that have been completed or are underway under this Act; and (3) a list of priority land acquisitions that should be made to accomplish the purpose of this Act, notwithstanding the addition of other priority lands that become available throughout the year.
Blue Ridge Parkway Protection Act - Authorizes the Secretary of the Interior to acquire lands and interests in land from willing sellers in order to protect up to 50,000 acres identified in the Blue Ridge Parkway Land Protection Plan. Requires the lands and interests authorized to be acquired to be contiguous with the Blue Ridge Parkway and identified by the Superintendent of the Parkway as a priority for acquisition by the federal government. Authorizes the Secretary to award grants from funds under this Act to: (1) acquire lands and interests; and (2) provide technical expense assistance for costs associated with land acquisition by entering into cooperative agreements with qualified non-profit conservation organizations to acquire lands and interests. Bars the Secretary from spending more than 10% of the funds made available under this Act in any fiscal year for site restoration and resource surveys. Permits, from funds under this Act, the use of not more than $250,000 in FY2011-FY2015 to reimburse administrative expenses for qualified non-profit conservation organizations involved directly in land acquisition projects in which lands and interests are conveyed to the Parkway. Requires the Secretary to submit a report to Congress which: (1) describes the condition of the Parkway, including threats and land preservation needs; (2) lists the land acquisitions that have been completed or are underway; and (3) lists priority land acquisitions that should be made.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gestational Diabetes Act of 2006'' or the ``GEDI Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The prevalence of gestational diabetes among pregnant women in the United States is increasing. (2) Gestational diabetes, which is similar to chronic forms of diabetes, normally appears at 24 to 28 weeks' gestation and occurs in approximately 4 to 8 percent of pregnant women. (3) The causes of gestational diabetes are unknown, but genetics, excess weight, ethnicity, and age are considered risk factors for the condition. (4) There is disagreement among physicians about how to treat gestational diabetes, as well as the effectiveness of current treatment regimens. (5) Gestational diabetes, which can cause preeclampsia, also increases a pregnant woman's risk for developing the condition in subsequent pregnancies. (6) Infants of women who develop gestational diabetes may have extreme increases in birth weight and the risks related to difficulties during the birthing process, and some of the infants born to these women-- (A) may subsequently have low blood sugar or jaundice during the newborn period; (B) are at an increased risk for obesity and birth trauma; and (C) are at an increased risk of developing type 2 diabetes as an adolescent or adult. (7) About 15 percent of infertility cases are linked to weight disorders, most often being overweight or obese. Obesity affects fertility and is also associated with increased morbidity for both the mother and the child. (8) Improved nutritional and physical health care, both before and during pregnancy, may significantly decrease the rates of gestational diabetes. (9) Ten percent of obese pregnant women are estimated to have gestational diabetes. (10) Obesity potentially leads to a higher rate of induction and primary caesarean section. SEC. 3. GESTATIONAL DIABETES. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--GESTATIONAL DIABETES ``SEC. 2901. UNDERSTANDING AND MONITORING GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall convene a Research Advisory Committee. ``(b) Membership.--Membership in the Research Advisory Committee-- ``(1) shall include-- ``(A) a representative from the Agency for Healthcare Research and Quality; ``(B) a representative from the Centers for Disease Control and Prevention; ``(C) a representative from the National Institutes of Health; ``(D) a representative from the Office of Minority Health; ``(E) a representative from the Indian Health Service; and ``(F) representatives from other appropriate Federal agencies; and ``(2) may include representatives from other appropriate organizations. ``(c) Matters To Be Studied.--The Director of the Centers for Disease Control and Prevention, in consultation with the Research Advisory Committee, shall develop a multisite, gestational diabetes research project within the diabetes program of the Centers for Disease Control and Prevention to expand and enhance surveillance data and public health research on gestational diabetes. The project shall address-- ``(1) the use of consistent standards to measure gestational diabetes; ``(2) the procedures to establish accurate and efficient systems for the collection of gestational diabetes data within each State; ``(3) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and State health departments with respect to the standard birth certificate, in order to improve surveillance of gestational diabetes; ``(4) the establishment of procedures for reporting gestational diabetes data to the Centers for Disease Control and Prevention; ``(5) post-natal methods of tracking women who had gestational diabetes after delivery and the development of ways to lower the incidence of type 2 diabetes in that population; ``(6) variations in the distribution of diagnosed and undiagnosed diabetes and of impaired fasting glucose tolerance and impaired fasting glucose within and among groups of women; and ``(7) factors that influence risks for gestational diabetes and obesity during pregnancy and complications during childbirth among women, including cultural, racial, ethnic, geographic, demographic, socioeconomic, and genetic factors. ``(d) Meetings.--Not later than 1 year after the establishment of the gestational diabetes research project under subsection (c), and annually thereafter, the Research Advisory Committee shall meet to assess the progress of the project and to update the Secretary of Health and Human Services, if necessary. ``(e) Report.--Not later than 2 years after the date of enactment of the Gestational Diabetes Act of 2006, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall generate a report on the prevalence of gestational diabetes and disseminate the report to the Secretary of Health and Human Services and appropriate Federal and non-Federal agencies. ``SEC. 2902. DEMONSTRATION GRANTS TO LOWER THE RATE OF GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Research Advisory Committee established under section 2901, shall award grants, on a competitive basis, to eligible entities for demonstration projects that test specified hypotheses about interventions designed to reduce the incidence of gestational diabetes and obesity among young women and implement relevant activities. In making such grants, the Director shall act on scientific findings that-- ``(1) the prevention or delay of type 2 diabetes is possible for older adults; ``(2) the diabetes risk status of an individual is likely established during the individual's earlier age (adolescence through the age of 30); ``(3) women are uniquely capable of demonstrating their diabetes risk status, through acquiring gestational diabetes during the challenge of pregnancy; ``(4) gestational diabetes itself is a well-established risk factor for a woman's subsequent transition to type 2 diabetes; and ``(5) gestational diabetes may confer risks of future obesity and type 2 diabetes on the children of a mother with gestational diabetes. ``(b) Application.--An eligible entity desiring to receive a grant under this section shall submit to the Director of the Centers for Disease Control and Prevention-- ``(1) an application at such time, in such manner, and containing such information as the Director may require; and ``(2) a plan to-- ``(A) lower the rate of gestational diabetes and obesity during pregnancy; or ``(B) conduct post-natal methods of tracking women who had gestational diabetes in order to develop ways to lower the incidence of such mothers developing type 2 diabetes. ``(c) Uses of Funds.--An entity receiving a grant under this section shall use grant funds to carry out demonstration projects, which may include-- ``(1) expanding community-based health promotion education, activities, and incentives focused on the prevention of gestational diabetes and obesity during pregnancy; ``(2) aiding State-based diabetes prevention and control programs to collect, analyze, disseminate, and report surveillance data on women with, and at risk for, gestational diabetes and obesity during pregnancy; ``(3) building capacity with State-based partners to implement programs and interventions based on surveillance data; and ``(4) training and encouraging health care providers to promote risk assessment, quality care, and self-management for gestational diabetes and obesity during pregnancy and its complications in the practice settings of the health care providers. ``(d) Reports.-- ``(1) CDC report.--Not later than 2 years after the date of enactment of the Gestational Diabetes Act of 2006, the Director of the Centers for Disease Control and Prevention shall prepare and submit a report to the Secretary of Health and Human Services concerning the results of the studies conducted through the grants awarded under this section. ``(2) Secretary report.--Not later than 90 days after receiving the report described in paragraph (1), the Secretary shall prepare and submit a report to Congress concerning the results and findings of the report. ``(e) Definition of Eligible Entity.--In this section, the term `eligible entity' means a nonprofit organization (such as an academic center or community health center) or a State health agency. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and such sums as may be necessary for each of the fiscal years 2008 through 2011. ``SEC. 2903. RESEARCH EXPANSION OF GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Child Health and Human Development, in collaboration with the National Institute of Diabetes and Digestive and Kidney Diseases, shall conduct and support basic, clinical, and public health research regarding gestational diabetes and obesity during pregnancy. Such research shall include-- ``(1) investigating therapies, interventions, and agents to detect, treat, and slow the incidence of, gestational diabetes and obesity during pregnancy; ``(2) developing and testing novel approaches to the design and analysis of clinical trials; ``(3) facilitating the enrollment of patients for clinical trials, including patients from diverse populations and populations who suffer disproportionately from these conditions; ``(4) developing improved diagnostics and means of patient assessment for gestational diabetes and obesity during pregnancy; and ``(5) conducting public health research to further knowledge on epidemiologic, socioenvironmental, behavioral, translation, and biomedical factors that influence gestational diabetes and obesity during pregnancy. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $8,000,000 for fiscal year 2007 and such sums as may be necessary for each of the fiscal years 2008 through 2011. ``SEC. 2904. SCREENING FOR GESTATIONAL DIABETES. ``The Director of the Centers for Disease Control and Prevention shall encourage screening for gestational diabetes within the State- based diabetes prevention and control programs assisted by the Centers for Disease Control and Prevention, for the purpose of reducing the incidence of gestational diabetes and its related complications.''.
Gestational Diabetes Act of 2006 or the GEDI Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to convene a Research Advisory Committee. Requires the Director of CDC, in consultation with such Committee, to develop a multisite research project to expand and enhance surveillance data and public health research on gestational diabetes. Directs the Secretary, acting through the Director of CDC, to award competitive grants to nonprofit organizations or state health agencies for demonstration projects that test specified hypotheses about interventions designed to reduce the incidence of gestational diabetes and obesity among young women and implement relevant activities. Requires the Director of CDC and the Director of the National Institute of Child Health and Human Development, in collaboration with the National Institute of Diabetes and Digestive and Kidney Diseases, to conduct and support basic, clinical, and public health research regarding gestational diabetes and obesity during pregnancy. Requires the Director of CDC to encourage screening for gestational diabetes within state-based diabetes prevention and control programs to reduce the incidence of gestational diabetes and its related complications.
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SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.--In the case of an individual who purchases a principal residence in the United States during the 12- month period beginning on the date of the enactment of this section, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Dollar limitation.--The credit allowed under subsection (a) shall not exceed $10,000. ``(2) Denial of credit for residences acquired with nonconforming loans.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence if the aggregate acquisition indebtedness (as defined in section 163(h)(3)(B)) with respect to such residence exceeds the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Federal Home Loan Mortgage Corporation (as such limitation is in effect at the time of such purchase). ``(3) 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. ``(4) 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) Carryforward of Unused Credit.-- ``(1) Rule for years in which all personal credits allowed against regular and alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(3) Limitation.--No credit may be carried forward under this subsection to any taxable year following the first taxable year after the taxable year in which the credit arose. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Allocation of dollar limit.-- ``(A) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (b)(1) shall be applied by substituting `$5,000' for `$10,000'. ``(B) Other individuals.--If two 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 $10,000. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring it, and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). ``(e) Exceptions.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) a credit under section 1400C (relating to first-time homebuyer in the District of Columbia) is allowable to the taxpayer (or the taxpayer's spouse) for such taxable year or any prior taxable year, ``(2) the taxpayer is a nonresident alien, or ``(3) the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. ``(f) Reporting Requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(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) Application.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Conforming Amendments.-- (1) Section 23(c)(1) of such Code is amended by striking ``25D and 1400C'' and inserting ``25D, 25E, and 1400C''. (2) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (3) Section 1400C(d)(1) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (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) Effective Date.--The amendments made by this section shall apply with respect to residences purchased after the date of the enactment of this Act in taxable years ending after such date.
Amends the Internal Revenue Code to allow individual taxpayers a one-time refundable tax credit for up to 10% of the purchase price of a principal residence purchased in the United States within the 12-month period beginning on the date of enactment of this Act. Limits the dollar amount of such credit to $10,000. Terminates such credit after 2009.
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SECTION 1. TREATMENT OF FUNERAL TRUSTS. (a) In General.--Subpart F of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 684. TREATMENT OF FUNERAL TRUSTS. ``(a) In General.--In the case of a qualified funeral trust-- ``(1) subparts B, C, D, and E shall not apply, and ``(2) no deduction shall be allowed by section 642(b). ``(b) Qualified Funeral Trust.--For purposes of this section, the term `qualified funeral trust' means any trust (other than a foreign trust) if-- ``(1) the trust arises as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property necessary to provide such services, ``(2) the sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use such funds solely to make payments for such services or property for the benefit of the beneficiaries of the trust, ``(3) the only beneficiaries of such trust are individuals who have entered into contracts described in paragraph (1) to have such services or property provided at their death, ``(4) the only contributions to the trust are contributions by or for the benefit of such beneficiaries, and ``(5) the trust would (but for this section) be treated as owned by the beneficiaries under subpart E. ``(c) Dollar Limitation on Contributions.-- ``(1) In general.--The term `qualified funeral trust' shall not include any trust which accepts aggregate contributions by or for the benefit of an individual in excess of $7,000. ``(2) Related trusts.--For purposes of paragraph (1), all trusts having trustees which are related persons shall be treated as 1 trust. For purposes of the preceding sentence, persons are related if-- ``(A) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), ``(B) such persons are treated as a single employer under subsection (a) or (b) of section 52, or ``(C) the Secretary determines that treating such persons as related is necessary to prevent avoidance of the purposes of this section. ``(3) Inflation adjustment.--In the case of any contract referred to in subsection (b)(1) which is entered into during any calendar year after 1997, the dollar amount referred to paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any dollar amount after being increased under the preceding sentence is not a multiple of $100, such dollar amount shall be rounded to the nearest multiple of $100. ``(d) Application of Rate Schedule.--Section 1(e) shall be applied to each qualified funeral trust by treating each beneficiary's interest in each such trust as a separate trust. ``(e) Treatment of Amounts Refunded to Beneficiary on Cancellation.--No gain or loss shall be recognized to a beneficiary described in subsection (b)(3) of any qualified funeral trust by reason of any payment from such trust to such beneficiary by reason of cancellation of a contract referred to in subsection (b)(1). If any payment referred to in the preceding sentence consists of property other than money, the basis of such property in the hands of such beneficiary shall be the same as the trust's basis in such property immediately before the payment. ``(f) Exception if Interest Paid To Beneficiaries Pursuant to Election.--If, on or before the date on which a qualified funeral trust is established, the trustee, pursuant to an agreement with a beneficiary of such trust, elects to pay (not less than annually) to such beneficiary all income of the trust which is attributable to such beneficiary, then for purposes of this title such beneficiary's interest in such trust shall be treated as a separate trust to which this section does not apply. The election under this subsection, once made, shall be irrevocable. ``(g) Simplified Reporting.--The Secretary may prescribe rules for simplified reporting of all qualified funeral trusts having a single trustee.'' (b) Clerical Amendment.--The table of sections for subpart F of part I of subchapter J of chapter 1 is amended by adding at the end the following new item: ``Sec. 684. Treatment of funeral trusts.'' (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to items which, but for such amendment, would be taken into account in taxable years of a grantor or beneficiary which end after the date of the enactment of this Act. (2) Trusts established before date of enactment.--In the case of a trust established before the date of the enactment of this Act, section 684(f) of such Code (as added by this section) shall be applied by treating an election which is made before the end of the 1-year period beginning with the date of the enactment of this Act as if such election were made on or before the date on which the trust was established, if such election is made pursuant to an agreement, described in such section 684(f), entered into during such period.
Amends the Internal Revenue Code to provide for the treatment of, as well as define, a qualified funeral trust.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mothers and Newborns Health Insurance Act of 1999''. SEC. 2. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER A STATE CHILD HEALTH PLAN. (a) In General.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following: ``SEC. 2111. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN. ``(a) Optional Coverage.--Notwithstanding any other provision of this title, a State child health plan may provide for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance with this section. ``(b) Definitions.--For purposes of this section: ``(1) Pregnancy-related assistance.--The term `pregnancy- related assistance' has the meaning given the term `child health assistance' in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low- income pregnant women, except that the assistance shall be limited to services related to pregnancy (which include prenatal, delivery, and postpartum services) and to other conditions that may complicate pregnancy and shall not include pre-pregnancy services and supplies. ``(2) Targeted low-income pregnant woman.--The term `targeted low-income pregnant woman' has the meaning given the term `targeted low-income child' in section 2110(b) as if any reference to a child were deemed a reference to a woman during pregnancy and through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends. ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of pregnancy-related assistance to targeted low-income pregnant women under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than subsection (b)) to a targeted low-income child is deemed to include a reference to a targeted low-income pregnant woman. ``(2) Any such reference to child health assistance with respect to such women is deemed a reference to pregnancy- related assistance. ``(3) Any such reference to a child is deemed a reference to a woman during pregnancy and the period described in subsection (b)(2). ``(4) The medicaid applicable income level is deemed a reference to the income level established under section 1902(l)(2)(A). ``(5) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar as a State limits coverage to services described in subsection (b)(1) and the reference to such section in section 2105(a)(1) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(6) There shall be no exclusion of benefits for services described in subsection (b)(1) based on any pre-existing condition, and no waiting period (including a waiting period to carry out section 2102(b)(3)(C)) shall apply. ``(d) No Impact on Allotments.--Nothing in this section shall be construed as affecting the amount of any initial allotment provided to a State under section 2104(b). ``(e) Application of Funding Restrictions.--The coverage under this section (and the funding of such coverage) is subject to the restrictions of section 2105(c).''. (b) Conforming Amendment.--Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``, and''; and (3) by adding at the end the following: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income child who is pregnant.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply to allotments under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) for all fiscal years. SEC. 3. AUTOMATIC ENROLLMENT FOR CHILDREN BORN TO WOMEN RECEIVING PREGNANCY-RELATED ASSISTANCE. (a) In General.--Section 2111 of the Social Security Act, as added by section 2, is amended by adding at the end the following: ``(f) Automatic Enrollment for Children Born to Women Receiving Pregnancy-Related Assistance.--Notwithstanding any other provision of this title, if a child is born to a targeted low-income pregnant woman who was receiving pregnancy-related assistance under this section on the date of the child's birth, the child shall be deemed to have applied for child health assistance under the State child health plan on the date of such birth, to have been found eligible for such assistance on such date, and to remain eligible for such assistance until the child attains 1 year of age.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to allotments under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) for all fiscal years. SEC. 4. EXPANDED AVAILABILITY OF FUNDING FOR ADMINISTRATIVE COSTS RELATED TO OUTREACH AND ELIGIBILITY DETERMINATIONS. Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) is amended-- (1) by striking the subsection heading and inserting ``Increased Federal Matching Rate for Administrative Costs Related to Outreach and Eligibility Determinations''; (2) in paragraph (2), by striking ``eligibility determinations'' and all that follows and inserting ``determinations of the eligibility of children and pregnant women for benefits under the State plan under this title or title XXI, outreach to children and pregnant women likely to be eligible for such benefits, and such other outreach- and eligibility-related activities as the Secretary may approve.''; (3) in paragraph (3), by striking ``and ending with fiscal year 2000''; and (4) by striking paragraph (4) and inserting the following: ``(4) Encouraging use of local and community-based organizations in outreach and enrollment activities.--The Secretary shall establish a procedure under which, if a State does not otherwise obligate the amounts made available under this subsection, local and community-based public or nonprofit private organizations (including local and county governments, public health departments, community health centers, children's hospitals, and disproportionate share hospitals) may seek to have administrative costs relating to outreach and enrollment of children and pregnant women under this title and title XXI treated as administrative costs of a State described in section 1903(a)(7), if such organizations have the permission of the State involved. A State may require such an organization to provide payment of such amounts as the State would otherwise be responsible for in order to obtain payment under this paragraph.''.
Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to the transitional increased Federal matching rate for increased administrative costs related to Medicaid-eligibility determinations of individuals receiving aid or assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF). Removes Medicaid- eligibility determinations with regard to TANF recipients from such provisions. Repeals the termination of authorization for the increased Federal matching rate. Includes as administrative expenditures those attributable to the administrative costs of CHIP-eligibility determinations with regard to children and pregnant women and outreach to such populations likely to be eligible for such benefits. Directs the Secretary of Health and Human Services to establish a procedure under which, if a State does not obligate available amounts, local and community-based organizations in CHIP and Medicaid, with State approval, may seek to have administrative costs relating to outreach and enrollment of children and pregnant women treated as State administrative costs.
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