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SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``New IDEA Act''; or (2) the ``New Illegal Deduction Elimination Act''. SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME. (a) In General.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: ``(4) Wages paid to or on behalf of unauthorized aliens.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). ``(B) Wages.--For the purposes of this paragraph, the term `wages' means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. ``(C) Safe harbor.--If a person or other entity is participating in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. ``(D) Burden of proof.--In the case of any examination of a return in connection with a deduction under this section by reason of this paragraph, the Secretary shall bear the burden of proving that wages were paid to or on behalf of an unauthorized alien. ``(E) Limitation on taxpayer audit.--The Secretary may not commence an audit or other investigation of a taxpayer solely on the basis of a deduction taken under this section by reason of this paragraph.''. (b) Six-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following new paragraph: ``(12) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''. (c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; (2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; and (3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or enforcement of''. (d) Availability of Information.-- (1) In general.--The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by secretary of the treasury.-- (A) In general.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Payment of wages to unauthorized aliens.--Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department-- ``(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and ``(B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals.''. (B) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code is amended-- (i) by striking ``(5), or (7)'' in the matter preceding subparagraph (A) and inserting ``(5), (7), or (9)'', and (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and inserting ``(5), (7), or (9)''. (e) Effective Date.-- (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2011. SEC. 3. MODIFICATION OF E-VERIFY PROGRAM. (a) Making Permanent.--Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking the last sentence. (b) Application to Current Employees.-- (1) Voluntary election.--The first sentence of section 402(a) of such Act is amended to read as follows: ``Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E-Verify Program.''. (2) Benefit of rebuttable presumption.--Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: ``If a person or other entity is participating in the E-Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.''. (3) Scope of election.--Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: ``(A) In general.--Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)-- ``(i) to all its hiring (and all recruitment or referral); ``(ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); ``(iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or ``(iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).''. (4) Procedures for participants in e-verify program.-- Subsection (a) of section 403 of such Act is amended-- (A) in the matter preceding paragraph (1), by inserting ``or continued employment in the United States'' after ``United States''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking all that follows ``(as specified by the Secretary of Homeland Security)'' and inserting ``after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).''; and (ii) in subparagraph (B), by striking ``such 3 working days'' and inserting ``the specified period''. (c) Application to Job Applicants.--Section 402(c)(2) of such Act is amended by adding at the end the following: ``(C) Job offer may be made conditional on final confirmation by e-verify.--A person or other entity that elects to participate in the E-Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404.''.
New IDEA Act or New Illegal Deduction Elimination Act - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Extends to six years the period for assessing and collecting underpayments of tax due to deductions claimed for wages paid to unauthorized aliens. Directs the Commissioner of Social Security and the Secretaries of Homeland Security (DHS) and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the DHS Secretary on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the E-Verify Program for verifying the employment eligibility of alien workers, (2) apply such program to current employees in addition to new hires, (3) establish a rebuttable presumption that employers who participate in the E-Verify Program and obtain confirmation of identity and employment eligibility have not violated hiring requirements under such Act, and (4) allow employers participating in the E-Verify Program to make a conditional offer of employment pending final verification of the identity and employment eligibility of the job applicant.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Savings Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Health savings accounts for children. Sec. 3. Allowing HSA rollover to child or parent of account holder. Sec. 4. Maximum contribution limit to HSA increased to amount of deductible and out-of-pocket limitation. Sec. 5. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 6. Allowance of silver and bronze plans in connection with health savings accounts. Sec. 7. Identification of HSA compatible plans. SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Child Health Savings Accounts.-- ``(1) In general.--In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. ``(2) Limitations.-- ``(A) Deduction limitation.--The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. ``(B) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. ``(C) Monthly limitation.--The monthly limitation for any month with respect to a child is \1/12\ of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). ``(3) Treatment of account while a dependent.--For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. The preceding sentence shall not apply for purposes of applying the limitations in subsection (b) to a health savings account of the taxpayer. ``(4) Child health savings account.--For purposes of this subsection, the term `child health savings account' means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. ``(5) Qualified medical expenses.--For purposes of this section, the term `qualified medical expenses' shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. ``(6) Exceptions for disability or death of child.--If the child becomes disabled within the meaning of section 72(m)(7) or dies-- ``(A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and ``(B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. ``(7) Guardians.--Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married.''. (b) Coordination With Means-Tested Programs.--Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER. (a) In General.--Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``child, parent, or grandparent'' after ``surviving spouse'', (2) by inserting ``child, parent, or grandparent, as the case may be,'' after ``the spouse'', (3) by inserting ``, child, parent, or grandparent'' after ``spouse'' in the heading thereof, and (4) by adding at the end the following: ``In the case of a child who acquires such beneficiary's interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, such health savings account shall be treated as a child health savings account of the child.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Conforming Amendment.--Section 223(g)(1) of such Code is amended by striking ``subsections (b)(2) and'' and inserting ``subsection''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS AS RETIREMENT FUNDS. (a) In General.--Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: ``(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.''. (b) Effective Date.--The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. SEC. 6. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``a high deductible health plan'' each place it appears and inserting ``an HSA compatible health plan'', (2) by striking ``high deductible health plan'' in subsection (b)(8)(A)(ii) and inserting ``HSA compatible health plan'', and (3) by striking ``the high deductible health plan'' in subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible health plan''. (b) HSA Compatible Health Plan Defined.--Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) In general.--The term `HSA compatible health plan' means-- ``(i) any high deductible health plan, ``(ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or ``(iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 or section 1321 of the Patient Protection and Affordable Care Act.''. (c) Clerical Amendments.--Section 223 of such Code is amended-- (1) by striking ``In general'' in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting ``High deductible health plan'', (2) by striking ``high deductible health plan'' in the heading for subsection (b)(8)(B) and inserting ``hsa compatible health plan'', and (3) by striking ``High deductible health plan'' in the heading for subsection (c)(2) and inserting ``HSA compatible health plan''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 7. IDENTIFICATION OF HSA COMPATIBLE PLANS. Section 1103(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18003(b)) is amended by adding at the end the following new paragraph: ``(3) Identification of hsa compatible plans.--Beginning for plan year 2016, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code.''.
Health Savings Act of 2015 Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit to match the amount of the deductible and out-of-pocket expenses under a high deductible health plan; and (4) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange. Amends the federal bankruptcy code to treat HSAs in the same manner as individual retirement accounts for purposes of determining exemptions from the bankruptcy estate.
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SECTION 1. TRAUMATIC BRAIN INJURY CENTERS. (a) Establishment.--Subchapter II of chapter 73 of title 38, United States Code, is amended by inserting after section 7320 the following new section: ``Sec. 7320A. Centers for traumatic brain injury research, education, and clinical activities ``(a) Purpose.--The purpose of this section is to provide for the improvement of the provision of health care to eligible veterans with traumatic brain injuries through-- ``(1) the conduct of research (including research on improving facilities of the Department concentrating on traumatic brain injury care and on improving the delivery of traumatic brain injury care by the Department); ``(2) the education and training of health care personnel of the Department; and ``(3) the development of improved models and systems for the furnishing of traumatic brain injury care by the Department. ``(b) Establishment of Centers.--(1) The Secretary shall establish and operate centers for traumatic brain injury research, education, and clinical activities. Such centers shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). Each such center shall function as a center for-- ``(A) research on traumatic brain injury; ``(B) the use by the Department of specific models for furnishing traumatic brain injury care; ``(C) education and training of health-care professionals of the Department; and ``(D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery of traumatic brain injury care by the Department. ``(2) The Secretary shall, upon the recommendation of the Under Secretary for Health, designate the centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the United States. The Secretary may designate a center under this section only if-- ``(A) the proposal submitted for the designation of the center meets the requirements of subsection (c); ``(B) the Secretary makes the finding described in subsection (d); and ``(C) the peer review panel established under subsection (e) makes the determination specified in subsection (e)(3) with respect to that proposal. ``(3) Not more than five centers may be designated under this section. ``(4) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose. ``(c) Proposals for Designation of Centers.--A proposal submitted for the designation of a center under this section shall-- ``(1) provide for close collaboration in the establishment and operation of the center, and for the provision of care and the conduct of research and education at the center, by a Department facility or facilities in the same geographic area which have a mission centered on traumatic brain injury care and a Department facility in that area which has a mission of providing tertiary medical care; ``(2) provide that no less than 50 percent of the funds appropriated for the center for support of clinical care, research, and education will be provided to the collaborating facility or facilities that have a mission centered on traumatic brain injury care; and ``(3) provide for a governance arrangement between the collaborating Department facilities which ensures that the center will be established and operated in a manner aimed at improving the quality of traumatic brain injury care at the collaborating facility or facilities which have a mission centered on traumatic brain injury care. ``(d) Finding of Secretary.--The finding referred to in subsection (b)(2)(B) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendation of the Under Secretary for Health, that the facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an accredited medical school that provides education and training in traumatic brain injury care and with which one or more of the participating Department facilities is affiliated under which medical residents receive education and training in traumatic brain injury care through regular rotation through the participating Department facilities so as to provide such residents with training in the diagnosis and treatment of traumatic brain injury. ``(2) An arrangement under which nursing, social work, counseling, or allied health personnel receive training and education in traumatic brain injury care through regular rotation through the participating Department facilities. ``(3) The ability to attract scientists who have demonstrated achievement in research-- ``(A) into the evaluation of innovative approaches to the design of traumatic brain injury care; or ``(B) into the causes, prevention, and treatment of traumatic brain injury. ``(4) The capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of traumatic brain injury care provided by the Department at or through individual facilities. ``(e) Peer Review Panel.--(1) In order to provide advice to assist the Secretary and the Under Secretary for Health to carry out their responsibilities under this section, the official within the central office of the Veterans Health Administration responsible for traumatic brain injury care shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of centers under this section. ``(2) The panel shall consist of experts in the fields of traumatic brain injury research, education and training, and clinical care. Members of the panel shall serve as consultants to the Department. ``(3) The panel shall review each proposal submitted to the panel by the official referred to in paragraph (1) and shall submit to that official its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically determine with respect to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. ``(4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(f) Award of Funding.--Clinical and scientific investigation activities at each center established under this section-- ``(1) may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and prosthetics research account; and ``(2) shall receive priority in the award of funding from such account insofar as funds are awarded to projects and activities relating to traumatic brain injury. ``(g) Dissemination of Useful Information.--The Under Secretary for Health shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. Such dissemination shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. ``(h) Supervision of Centers.--The official within the central office of the Veterans Health Administration responsible for traumatic brain injury care shall be responsible for supervising the operation of the centers established pursuant to this section and shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. ``(i) Authorization of Appropriations.--(1) There are authorized to be appropriated to the Department of Veterans Affairs for the basic support of the research and education and training activities of centers established pursuant to this section such sums as may be necessary. ``(2) In addition to funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department of Veterans Affairs medical services account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section. ``(j) Annual Reports.--Not later than February 1 of each year the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the status and activities of the centers for traumatic brain injury research, education, and clinical activities during the preceding fiscal year. Each such report shall include the following: ``(1) A description of the activities carried out at each center and the funding provided by the Department for such activities. ``(2) A description of the advances made at each of the participating facilities of the center in research, education and training, and clinical activities relating to traumatic brain injury care and treatment. ``(3) A description of the actions taken by the Under Secretary for Health pursuant to subsection (g) to disseminate information derived from such activities throughout the Veterans Health Administration. ``(4) The evaluation of the Secretary as to the effectiveness of the centers in fulfilling the purposes of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7320 the following new item: ``7320A. Centers for traumatic brain injury research, education, and clinical activities.''.
Directs the Secretary of Veterans Affairs to: (1) establish and operate centers for traumatic brain injury (TBI) research, education, and clinical activities; (2) ensure the geographic distribution of such centers; and (3) designate no more than five centers. Requires the: (1) official within the Veterans Health Administration (VHA) responsible for TBI care to establish a peer review panel to assess the scientific and clinical merit of proposals submitted for the designation of such centers; and (2) Under Secretary of Health to ensure the dissemination throughout the VHA of information produced through the research, education, and clinical activities of the centers.
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SECTION 1. FINDINGS AND DECLARATIONS. (a) Congress finds and declares the following: (1) The Russian Government has deliberately blocked the Ukrainian people's access to uncensored sources of information and has provided alternative news and information that is both inaccurate and inflammatory; (2) United States international programming exists to advance the United States interests and values by presenting accurate and comprehensive news and information, which is the foundation for democratic governance; (3) The opinions and views of the Ukrainian people, especially those people located in the eastern regions and Crimea, are not being accurately represented in Russian dominated mass media; (4) Russian forces have seized more than five television stations in Crimea and taken over transmissions, switching to a 24/ 7 Russian propaganda format; this increase in programming augments the already robust pro-Russian programming to Ukraine; (5) United States international programming has the potential to combat this anti-democratic propaganda. (b) Programming.--Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America service to Ukraine and neighboring regions shall-- (1) provide news and information that is accessible, credible, and accurate; (2) emphasize investigative and analytical journalism to highlight inconsistencies and misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to areas where access to uncensored sources of information is limited or non-existent, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, respect for human rights, freedom of the press, and territorial sovereignty; and (6) take necessary preparatory steps to continue and increase programming and content that promotes democracy and government transparency in Russia. (c) Programming Surge.--RFE/RL, Incorporated, and Voice of America programming to Ukraine and neighboring regions shall-- (1) prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities; (2) prioritize news and information that directly contributes to the target audiences' understanding of political and economic developments in Ukraine and Moldova, including countering misinformation that may originate from other news outlets, especially Russian supported news outlets; (3) provide programming content 24 hours a day, seven days a week to target populations, using all available and effective distribution outlets, including-- (A) at least 8 weekly hours of total original television and video content in Ukrainian, Russian, and Tatar languages, not inclusive of live video streaming coverage of breaking news, to be distributed on satellite, digital, and through regional television affiliates by the Voice of America; and (B) at least 14 weekly hours the total audio content in Ukrainian, Russian, and Tatar languages to be distributed on satellite, digital, and through regional radio affiliates of RFE/RL, Incorporated; (4) expand the use, audience, and audience engagement of mobile news and multimedia platforms by RFE/RL, Incorporated, and the Voice of America, including through Internet-based social networking platforms; and (5) partner with private sector broadcasters and affiliates to seek and start co-production for new, original content, when possible, to increase distribution. (d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2014, in addition to funds otherwise made available for such purposes, up to $10,000,000 to carry out programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/ RL, Incorporated, and the Voice of America, for the purpose of bolstering existing United States programming to the people of Ukraine and neighboring regions, and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service. (e) Report.--Not later than 15 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the Committees on Foreign Affairs and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a detailed report on plans to increase broadcasts pursuant to subsections (a) and (b). 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.) Directs Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America (VOA) service to Ukraine and neighboring regions to: (1) provide accurate and accessible news and information; (2) emphasize investigative and analytical journalism to highlight misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to target populations and areas where access to uncensored information is limited, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, human rights, freedom of the press, and territorial sovereignty; (6) increase programming and content services that promote democracy to Russia; (7) prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities; (8) prioritize news and information that contribute to the target audiences' understanding of political and economic developments in Ukraine and Moldova; (9) partner with private sector broadcasters and affiliates to increase distribution; (10) expand the use and audience of mobile news and multimedia platforms, including through Internet-based social networking platforms; and (11) provide programming content 24 hours a day, 7 days a week to target populations, including specified programming in Ukrainian, Russian, and Tatar languages. Authorizes FY2014 appropriations for programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and VOA to: (1) bolster programming to the people of Ukraine and neighboring regions, and (2) increase programming capacity and jamming circumvention technology. Requires the Broadcasting Board of Governors to report to Congress on plans to increase broadcasts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Career and Technical Education Expansion Act of 2009''. SEC. 2. LOAN FORGIVENESS FOR TEACHING CAREER AND TECHNICAL EDUCATION COURSEWORK AT RURAL SECONDARY SCHOOLS. (a) FFEL Program.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (c)(3)-- (A) in the header, by striking ``science, or special education'' and inserting ``science, special education, or career and technical education coursework at rural secondary schools''; (B) in subparagraph (A)(ii), by striking ``and'' after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a teacher at a rural secondary school-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching career and technical education coursework on a full- time basis, including at least one course or credit that is integrated coursework.''; and (2) by amending subsection (h) to read as follows: ``(h) Definitions.--For the purpose of this section: ``(1) Career and technical education.--The term `career and technical education' means organized educational activities that-- ``(A) offer a sequence of courses that-- ``(i) provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; ``(ii) provides a secondary school diploma or its recognized equivalent; and ``(iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; and ``(B) include competency-based applied learning that contributes to the academic knowledge, higher- order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. ``(2) Integrated coursework.--The term `integrated coursework' means career and technical education coursework that-- ``(A) integrates academic curricula and relevant career and technical education programs; and ``(B) counts for both academic and elective career and technical education credit toward a secondary school diploma or its recognized equivalent. ``(3) Rural local educational agency.--The term `rural local educational agency' means a local educational agency that meets the eligibility requirements under-- ``(A) section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)) for participation in the program described in subpart 1 of part B of title VI of such Act (20 U.S.C. 7345 et seq.); or ``(B) section 6221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) for participation in the program described in subpart 2 of part B of title VI of such Act (20 U.S.C. 7351 et seq.). ``(4) Rural secondary school.--The term `rural secondary school' means a secondary school served by a rural local educational agency. ``(5) Year.--The term `year' where applied to service as a teacher means an academic year as defined by the Secretary.''. (b) Direct Loan Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in subsection (c)(3)-- (A) in the header, by striking ``science, or special education'' and inserting ``science, special education, or career and technical education coursework at rural secondary schools''; (B) in subparagraph (A)(ii), by striking ``and'' after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a teacher at a rural secondary school-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching career and technical education coursework on a full- time basis, including at least one course or credit that is integrated coursework.''; and (2) by amending subsection (h) to read as follows: ``(h) Definitions.--For the purpose of this section: ``(1) Career and technical education.--The term `career and technical education' means organized educational activities that-- ``(A) offer a sequence of courses that-- ``(i) provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; ``(ii) provides a secondary school diploma or its recognized equivalent; and ``(iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; and ``(B) include competency-based applied learning that contributes to the academic knowledge, higher- order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. ``(2) Integrated coursework.--The term `integrated coursework' means career and technical education coursework that-- ``(A) integrates academic curricula and relevant career and technical education programs; and ``(B) counts for both academic and elective career and technical education credit toward a secondary school diploma or its recognized equivalent. ``(3) Rural local educational agency.--The term `rural local educational agency' means a local educational agency that meets the eligibility requirements under-- ``(A) section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)) for participation in the program described in subpart 1 of part B of title VI of such Act (20 U.S.C. 7345 et seq.); or ``(B) section 6221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) for participation in the program described in subpart 2 of part B of title VI of such Act (20 U.S.C. 7351 et seq.). ``(4) Rural secondary school.--The term `rural secondary school' means a secondary school served by a rural local educational agency. ``(5) Year.--The term `year' where applied to service as a teacher means an academic year as defined by the Secretary.''.
Rural Career and Technical Education Expansion Act of 2009 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel a loan made under the Federal Family Education Loan (FFEL) or the Direct Loan programs to an individual who: (1) has been employed as a teacher at a rural secondary school for five consecutive complete program years; (2) is not in default on the loan they seek forgiveness; and (3) whose qualifying employment is teaching career and technical education coursework on a full-time basis, including at least one course or credit that is integrated coursework.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Refinancing and Recalculation Act''. SEC. 2. REFINANCING PROGRAMS. (a) Program Authority.--Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting ``; and (3) to make loans under section 460A'' after ``section 459A''. (b) Refinancing Program.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT LOANS. ``(a) In General.--Beginning not later than 180 days after the date of enactment of the Student Loan Refinancing and Recalculation Act, the Secretary shall establish a program under which the Secretary, upon the receipt of an application from a qualified borrower, reissues the borrower's original loan under this part or part B as a loan under this part, in accordance with the provisions of this section, in order to permit the borrower to obtain the interest rate provided under subsection (c). ``(b) Reissuing Loans.-- ``(1) Federal direct loans.--Upon application of a qualified borrower, the Secretary shall reissue a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the reissuance of a loan under this section was received before July 1, 2017, in an amount equal to the sum of-- ``(A) the unpaid principal, accrued unpaid interest, and late charges of the original loan; and ``(B) the administrative fee under subsection (d)(3). ``(2) Discharging and reissuing ffel program loans as refinanced federal direct loans.--Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made before July 1, 2010, the Secretary shall reissue such loan as a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan and the administrative fee under subsection (d)(3), to the borrower in accordance with the following: ``(A) The Secretary shall pay the proceeds of such reissued loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. ``(B) The Secretary shall reissue-- ``(i) a loan originally made, insured, or guaranteed under section 428 as a Federal Direct Stafford Loan; ``(ii) a loan originally made, insured, or guaranteed under section 428B as a Federal Direct PLUS Loan; ``(iii) a loan originally made, insured, or guaranteed under section 428H as a Federal Direct Unsubsidized Stafford Loan; and ``(iv) a loan originally made, insured, or guaranteed under section 428C as a Federal Direct Consolidation Loan. ``(C) The interest rate for each loan reissued under this paragraph shall be the rate provided under subsection (c). ``(c) Interest Rate.-- ``(1) In general.--The interest rate for the reissued Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to-- ``(A) the high yield of the 10-year Treasury note auctioned at the final auction held prior to the first day of the month in which the application for reissuance under this section is received, plus ``(B) 1.0 percent. ``(2) Fixed rate.--The applicable rate of interest determined under paragraph (1) for a reissued loan under this section shall be fixed for the period of the loan. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan that is reissued under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) No automatic extension of repayment period.-- Reissuing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(3) Administrative fee.--The Secretary shall charge the borrower of a loan reissued under this section an administrative fee of not more than 0.5 percent of the sum of the unpaid principal, accrued unpaid interest, and late charges, of the original loan. ``(e) Definition of Qualified Borrower.-- ``(1) In general.--The term `qualified borrower' means a borrower-- ``(A) of a loan under this part or part B for which the first disbursement was made, or the application for reissuance under this section was received, before July 1, 2017; and ``(B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. ``(2) Income requirements.--Not later than 180 days after the date of enactment of the Student Loan Refinancing and Recalculation Act, the Secretary shall establish eligibility requirements based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need. ``(f) Expiration of Authority.--The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Fairness in Student Loan Lending Act.''. (c) Amendments to Public Service Repayment Plan Provisions.-- Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: ``(3) Special rules for section 460a loans.-- ``(A) Refinanced federal direct loans.-- Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan reissued under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. ``(B) Refinanced ffel loans.--In the case of an eligible Federal Direct Loan reissued under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was reissued may be included for purposes of paragraph (1).''; and (3) in paragraph (4)(A) (as redesignated by paragraph (1) of this subsection), by inserting ``(including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan reissued under section 460A)'' before the period at the end. (d) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(a) Refinanced Federal Direct and FFEL Loans.--In calculating the period of time during which a borrower of a loan that is reissued under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the reissued loan, that otherwise meet the requirements of this section.''. SEC. 3. INTEREST RATES. (a) Interest Rates.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: ``(9) Interest rate provisions for new loans on or after july 1, 2017.-- ``(A) Rates for undergraduate fdsl and fdusl.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 percent; or ``(ii) 8.25 percent. ``(B) Rates for graduate and professional fdusl.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 percent; or ``(ii) 9.5 percent. ``(C) PLUS loans.--Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans, for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 percent; or ``(ii) 10.5 percent. ``(D) Consolidation loans.--Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2017, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. ``(E) Consultation.--The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(F) Rate.--The applicable rate of interest determined under this paragraph for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the loan.''. (b) In School Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``A borrower'' and inserting ``Except as provided in paragraph (5), a borrower''; and (2) by adding at the end the following new paragraph: ``(5) Special rule for in school deferment.-- Notwithstanding any other provision of this Act, a borrower described in paragraph (2)(A) shall be eligible for a deferment, during which periodic installments of principal need not be paid, and interest-- ``(A) shall not accrue, in the case of a borrower with an expected family contribution of not more than $10,000 (computed in accordance with part F of this title); and ``(B) shall accrue at the rate equal to the high yield of the 10-year Treasury note applicable to such loan under subsection (b)(9), in the case of a borrower of an unsubsidized loan with an expected family contribution of more than $10,000 (computed in accordance with part F of this title).''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect as if enacted on July 1, 2017. SEC. 4. ELIMINATION OF ORIGINATION FEES FOR FEDERAL DIRECT LOANS. (a) Sense of Congress.--It is the sense of Congress that no origination fees should be charged on any future Federal Direct Loans. (b) Repeal of Origination Fees.--Subsection (c) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is repealed. (c) Effective Date.--The amendment made by subsection (b) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for which the first disbursement of principal is made, or, in the case of a Federal Direct Consolidation Loan, the application is received, on the first July 1 after the date of enactment of this Act.
Student Loan Refinancing and Recalculation Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to establish a program to refinance the outstanding principal, interest, and late charges on Federal Direct Loans (DLs) and Federal Family Education Loans (FFELs). A refinanced loan has a fixed interest rate equal to the 10-year Treasury note rate plus 1 percentage point. Additionally, the bill modifies the formula to calculate interest rates on new Direct Subsidized, Unsubsidized, and PLUS Loans disbursed on or after July 1, 2017. Finally, it eliminates the origination fee on Direct Subsidized, Unsubsidized, and PLUS Loans disbursed (and on Consolidation Loans applied for) after enactment of this bill.
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SECTION 1. ASSESSMENT OF ACHIEVEMENT BY THE GOVERNMENT OF IRAQ OF BENCHMARKS FOR POLITICAL SETTLEMENT AND NATIONAL RECONCILIATION IN IRAQ. (a) Findings.--Congress makes the following findings: (1) Iraq is experiencing a deteriorating and ever-widening problem of sectarian and intra-sectarian violence based upon political distrust and cultural differences between some Sunni and Shia Muslims, concentrated primarily in Baghdad. (2) Iraqis must reach political settlements in order to achieve reconciliation, and the failure of the Iraqis to reach such settlements to support a truly unified government greatly contributes to the increasing violence in Iraq. (3) The responsibility for internal security and halting sectarian violence in Iraq must rest primarily with the Government of Iraq, relying on the Iraqi Security Forces (ISF). (4) On January 10, 2007, President George W. Bush announced a new strategy for Iraq, which consists of three basic elements: diplomatic, economic, and military. The central component of the military element is an augmentation of the present level of United States military forces in Iraq with more than 20,000 additional United States military forces to ``work alongside Iraqi units and be embedded in their formations. Our troops will have a well-defined mission: to help Iraqis clear and secure neighborhoods, to help them protect the local population, and to help ensure that the Iraqi forces left behind are capable of providing the security that Baghdad needs''. (5) President George W. Bush said on January 10, 2007, that ``I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended'' so as to dispel the contrary impression that exists. (6) The Commander, Multi-National Forces-Iraq, General David Petraeus, stated during his confirmation hearing before the Committee on Armed Services of the Senate, on January 23, 2007, that it is ``very important'' for Iraqis to understand that they need to reach the political settlements which are essential to resolve the sectarian violence and to defeat insurgents. (7) General Petraeus acknowledged during his confirmation hearing before the Committee on Armed Services of the Senate, on January 23, 2007, that political settlement and political settlement alone by the Iraqis is our ultimate way of providing security and success in Iraq. (8) General Petraeus stated on March 8, 2007 that ``[a] political resolution of various differences, of this legislation, of various senses that people do not have a stake in the success of the new Iraq, and so forth, that is crucial. That is what will determine in the long run the success of this effort''. In an April 26, 2007, news conference, General Petraeus said that the situation in Iraq remains ``exceedingly difficult''. (9) General Petraeus, as principal author of Army Field Manual 3-24 (MCWP 3-33.5), Counterinsurgency, released in December 2006, and therefore possessing the unique understanding and experience regarding the principles and fundamentals of pursuing a counterinsurgency strategy, states that ``[i]n the end, the host nation has to win on its own. Achieving this requires development of viable local leaders and institutions. U.S. forces and agencies can help, but [Host Nation] elements must accept responsibilities to achieve real victory''. (10) United States military operations in Iraq should be conducted alongside a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq. (11) United States military personnel are currently serving in Iraq with the bravery and professionalism consistent with the finest traditions of the United States Armed Forces. Many have lost their lives, and many more have been wounded. They have and deserve the support of all Americans, and the American people will always honor their sacrifices and honor their families. (12) United States strategy in Iraq should be conditioned on the meeting by the Government of Iraq of specific benchmarks, as laid out by the President and in consultation with Congress, and reflected in the commitments of the Government of Iraq to the international community. (13) The meeting of these benchmarks by the Government of Iraq should be viewed as the condition for continued United States military and economic involvement in Iraq. (b) Sense of Congress.--It is the sense of Congress that Congress should not take any action, including the elimination or reduction of funds, that will impair the mission of the United States military forces in the field, undermine their safety or harm their effectiveness in pursuing their assigned missions. (c) Report on Achievement of Benchmarks.-- (1) Report.--Not later than 120 days after the date of the enactment of this Act, the Commander, Multi-National Forces- Iraq, having consulted with relevant United States and Iraqi officials, shall submit to Congress an independent report setting forth the status of the achievement of the benchmarks specified in paragraph (2) and stating the Commander's assessment whether or not each such benchmark has been met. The Commander shall prepare and submit the report in coordination with the Director of National Intelligence. (2) Benchmarks.--The benchmarks specified in this paragraph are as follows: (A) The assumption by Iraq of control of its military. (B) The enactment and implementation of a Militia Law to disarm and demobilize militias and to ensure that Iraqi security forces are accountable only to the central government and loyal to the constitution of Iraq. (C) The completion of the review of the constitution of Iraq and the holding of a referendum on special amendments to the constitution of Iraq to ensure equitable participation in the Government of Iraq without regard to religious sect or ethnicity. (D) The completion of a provincial election law and the commencement and specific preparation for the conduct of provincial elections that ensures equitable constitution of provincial representative bodies without regard to religious sect or ethnicity. (E) The enactment and implementation of legislation to ensure that the energy resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable manner. (F) The enactment and implementation of legislation that equitably reforms the de-Ba'athification process in Iraq. (3) Testimony before congress.--Not later than 14 days after the submittal to Congress of the report required by paragraph (1), the Commander, Multi-National Forces-Iraq shall appear before each of the appropriate committees of Congress to testify with respect to the success or failure of the Government of Iraq in meeting the benchmarks specified in paragraph (2). If, in the Commander's assessment as set forth in the report, the Government of Iraq has failed to meet any such benchmarks, the Commander shall also submit in his testimony each of the following: (A) Plans for the phased redeployment of United States forces currently deployed to Iraq in support of the Baghdad Security Plan as outlined by the President. (B) Subject to paragraph (4), plans for changing the mission of the remaining United States forces in Iraq to-- (i) training and equipping Iraqi forces; (ii) assisting deployed Iraqi brigades with intelligence, transportation, air support, and logistics support; (iii) protecting United States and coalition personnel and infrastructure; and (iv) maintaining rapid-reaction teams and special operations teams to undertake strike missions against al Qaeda in Iraq, and for other missions considered vital by the United States commander in Iraq. (4) The Commander, Multi-National Forces-Iraq shall devise the plans described in paragraph (3)(B) with the objective of successfully accomplishing the change in mission within six months of the date of his testimony before Congress. The Commander shall further indicate the number of troops needed to successfully complete the changed mission and the estimated duration of that mission. (5) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (d) Comptroller General Assessment.--Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress an independent report setting forth-- (1) the status of the achievement of the benchmarks specified in subsection (c)(2); and (2) the Comptroller General's assessment whether or not each such benchmark has been met.
Expresses the sense of Congress against any congressional action, including the elimination or reduction of funds, that will impair the mission of the U.S. military forces in the field, undermine their safety, or harm their effectiveness. Directs the Commander, Multi-National Forces-Iraq to report to Congress within 120 days respecting the status of the achievement of specified benchmarks and the Commander's assessment whether or not each such benchmark has been met.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Textbook Affordability Act of 2007''. SEC. 2. PURPOSE AND INTENT. The purpose of this Act is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, and publishers on all aspects of the selection, purchase, sale, and use of the course materials. It is the intent of this Act to have all involved parties work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to provide high quality course materials for students. SEC. 3. DEFINITIONS. In this Act: (1) College textbook.--The term ``college textbook'' means a textbook, or a set of textbooks, used for a course in postsecondary education at an institution of higher education. (2) Course schedule.--The term ``course schedule'' means a listing of the courses or classes offered by an institution of higher education for an academic period. (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) Publisher.--The term ``publisher'' means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce. (5) Supplemental material.--The term ``supplemental material'' means educational material published or produced to accompany a college textbook. SEC. 4. PUBLISHER REQUIREMENTS. (a) College Textbook Pricing Information.--When a publisher provides a faculty member of an institution of higher education with information regarding a college textbook or supplemental material available in the subject area in which the faculty member teaches, the publisher shall include, with any such information and in writing, the following: (1) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (2) Any history of revisions for the college textbook or supplemental material. (3) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (b) Unbundling of Supplemental Materials.--A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items. SEC. 5. PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN COURSE SCHEDULES. (a) Internet Course Schedules.--Each institution of higher education that receives Federal assistance and that publishes the institution's course schedule for the subsequent academic period on the Internet shall-- (1) include, in the course schedule, the International Standard Book Number (ISBN) and the retail price for each college textbook or supplemental material required or recommended for a course or class listed on the course schedule that has been assigned such a number; and (2) update the information required under paragraph (1) as necessary. (b) Written Course Schedules.--In the case of an institution of higher education that receives Federal assistance and that does not publish the institution's course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under subsection (a)(1) in any printed version of the institution's course schedule and shall provide students with updates to such information as necessary. SEC. 6. AVAILABILITY OF INFORMATION FOR COLLEGE TEXTBOOK SELLERS. An institution of higher education that receives Federal assistance shall make available, as soon as is practicable, upon the request of any seller of college textbooks (other than a publisher) that meets the requirements established by the institution, the most accurate information available regarding-- (1) the institution's course schedule for the subsequent academic period; and (2) for each course or class offered by the institution for the subsequent academic period-- (A) the International Standard Book Number (ISBN) for each college textbook or supplemental material required or recommended for such course or class that has been assigned such a number; (B) the number of students enrolled in such course or class; and (C) the maximum student enrollment for such course or class.
College Textbook Affordability Act of 2007 - Requires publishers informing teachers at institutions of higher education about textbooks or supplements in their subject areas to include written information concerning: (1) the price the publisher would charge the bookstore associated with such institution for such items; (2) any history of revisions for such items; and (3) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore for items in those formats. Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them separately and unbundled. Directs federally-assisted institutions of higher education to include on printed or internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires such institutions to provide sellers of textbooks (other than publishers) that meet their requirements with: (1) their course schedules for the subsequent academic period; (2) the ISBN for each textbook or supplement required or recommended for each course; and (3) the number of students enrolled, and the maximum enrollment, in each course.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) of the nearly 800 bird species known to occur in the United States, approximately 500 migrate among countries, and the large majority of those species, the neotropical migrants, winter in Latin America and the Caribbean; (2) neotropical migratory bird species provide invaluable environmental, economic, recreational, and aesthetic benefits to the United States, as well as to the Western Hemisphere; (3)(A) many neotropical migratory bird populations, once considered common, are in decline, and some have declined to the point that their long-term survival in the wild is in jeopardy; and (B) the primary reason for the decline in the populations of those species is habitat loss and degradation (including pollution and contamination) across the species' range; and (4)(A) because neotropical migratory birds range across numerous international borders each year, their conservation requires the commitment and effort of all countries along their migration routes; and (B) although numerous initiatives exist to conserve migratory birds and their habitat, those initiatives can be significantly strengthened and enhanced by increased coordination. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to perpetuate healthy populations of neotropical migratory birds; (2) to assist in the conservation of neotropical migratory birds by supporting conservation initiatives in the United States, Latin America, and the Caribbean; and (3) to provide financial resources and to foster international cooperation for those initiatives. SEC. 4. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Neotropical Migratory Bird Conservation Account established by section 9(a). (2) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a species of neotropical migratory bird to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including-- (A) protection and management of neotropical migratory bird populations; (B) maintenance, management, protection, and restoration of neotropical migratory bird habitat; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--The Secretary shall establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. (b) Project Applicants.--A project proposal may be submitted by-- (1) an individual, corporation, partnership, trust, association, or other private entity; (2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; (3) a State, municipality, or political subdivision of a State; (4) any other entity subject to the jurisdiction of the United States or of any foreign country; and (5) an international organization (as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288)). (c) Project Proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that-- (1) includes-- (A) the name of the individual responsible for the project; (B) a succinct statement of the purposes of the project; (C) a description of the qualifications of individuals conducting the project; and (D) an estimate of the funds and time necessary to complete the project, including sources and amounts of matching funds; (2) demonstrates that the project will enhance the conservation of neotropical migratory bird species in the United States, Latin America, or the Caribbean; (3) includes mechanisms to ensure adequate local public participation in project development and implementation; (4) contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (5) demonstrates sensitivity to local historic and cultural resources and complies with applicable laws; (6) describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory birds; and (7) provides any other information that the Secretary considers to be necessary for evaluating the proposal. (d) Project Reporting.--Each recipient of assistance for a project under this Act shall submit to the Secretary such periodic reports as the Secretary considers to be necessary. Each report shall include all information required by the Secretary for evaluating the progress and outcome of the project. (e) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of each project shall be not greater than 25 percent. (2) Non-federal share.-- (A) Source.--The non-Federal share required to be paid for a project shall not be derived from any Federal grant program. (B) Form of payment.-- (i) Projects in the united states.--The non-Federal share required to be paid for a project carried out in the United States shall be paid in cash. (ii) Projects in foreign countries.--The non-Federal share required to be paid for a project carried out in a foreign country may be paid in cash or in kind. SEC. 6. DUTIES OF THE SECRETARY. In carrying out this Act, the Secretary shall-- (1) develop guidelines for the solicitation of proposals for projects eligible for financial assistance under section 5; (2) encourage submission of proposals for projects eligible for financial assistance under section 5, particularly proposals from relevant wildlife management authorities; (3) select proposals for financial assistance that satisfy the requirements of section 5, giving preference to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by relevant wildlife management authorities; and (4) generally implement this Act in accordance with its purposes. SEC. 7. COOPERATION. (a) In General.--In carrying out this Act, the Secretary shall-- (1) support and coordinate existing efforts to conserve neotropical migratory bird species, through-- (A) facilitating meetings among persons involved in such efforts; (B) promoting the exchange of information among such persons; (C) developing and entering into agreements with other Federal agencies, foreign, State, and local governmental agencies, and nongovernmental organizations; and (D) conducting such other activities as the Secretary considers to be appropriate; and (2) coordinate activities and projects under this Act with existing efforts in order to enhance conservation of neotropical migratory bird species. (b) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of neotropical migratory birds. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued. SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Neotropical Migratory Bird Conservation Account'', which shall consist of amounts deposited into the Account by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Account.--The Secretary of the Treasury shall deposit into the Account-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Account. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Account, without further Act of appropriation, to carry out this Act. (2) Administrative expenses.--Of amounts in the Account available for each fiscal year, the Secretary may expend not more than 3 percent or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Account. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Account to carry out this Act $5,000,000 for each of fiscal years 2001 through 2005, to remain available until expended, of which not less than 75 percent of the amounts made available for each fiscal year shall be expended for projects carried out outside the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Authorizes project proposals to be submitted by: (1) individuals or other private entities; (2) Federal, State, local, or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations.Limits the Federal share of project costs to 25 percent and prohibits the non-Federal share from being derived from any Federal grant program.Authorizes the Secretary to: (1) give preference in selecting projects for financial assistance to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by wildlife management authorities; (2) support and coordinate existing efforts and activities and projects under this Act to conserve neotropical migratory bird species; and (3) convene an advisory group of individuals representing organizations involved in neotropical migratory bird conservation to assist in carrying out this Act.Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations to the Account for FY 2001 through 2005 to carry out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Refund Anticipation Loan Consumer Protection Act''. SEC. 2. ADVERTISING AND DISCLOSURE REQUIREMENTS. (a) In General.--Section 128 of the Truth in Lending Act (U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Advertising and Disclosure Requirements for Tax Refund Anticipation Loans.-- ``(1) Definitions.-- ``(A) Income tax refund anticipation loan.--The term `income tax refund anticipation loan' means any short-term extension of credit, whether in cash, through a stored value card, in the form of a down payment or deposit in connection with a transaction to which the consumer is a party, or otherwise, to a consumer in exchange for-- ``(i) the sale or assignment of the consumer's anticipated income tax refund or rebate to the creditor or the income tax refund anticipation loan originator; or ``(ii) an arrangement authorized by the consumer pursuant to which such anticipated income tax refund or rebate secures, directly or indirectly, the repayment of such extension of credit or will be credited against any balance owed by the consumer on such extension of credit. ``(B) Income tax refund anticipation loan originator.--The term `income tax refund anticipation loan originator'-- ``(i) means any person, including any income tax return preparer, electronic tax return filer, or check cashing service, who engages in income tax refund anticipation loan origination; ``(ii) includes any person who represents to the public, through advertising or other means of communicating or providing information (including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items), that such person can or will provide or perform any of the activities described in any clause of subparagraph (C); and ``(iii) does not include who performs purely administrative or clerical tasks on behalf of a person who is described in any clause (i) or (ii). ``(C) Income tax refund anticipation loan origination.--The term `income tax refund anticipation loan origination' means-- ``(i) accepting an income tax refund anticipation loan application for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain; ``(ii) assisting a consumer in obtaining or applying to obtain an income tax refund anticipation loan (whether or not such assistance is described as a loan to the consumer) for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain; or ``(iii) offering or negotiating terms of an income tax refund anticipation loan, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain. ``(D) Income tax return preparer.--The term `income tax return preparer'-- ``(i) has the same meaning as in section 7701(a)(36) of the Internal Revenue Code of 1986; and ``(ii) includes any person who prepares for compensation, or who employs 1 or more persons to prepare for compensation, any return of tax imposed under State law. ``(E) Compensation.--For purposes of this title, the term `compensation' when used in connection with the preparation by any person of any return of tax for a consumer, includes any compensation or gain directly or indirectly received by such person for acting as an income tax refund anticipation loan originator for such consumer with regard to such return. ``(2) Advertising requirements.-- ``(A) Prohibition on confusing refund with loan.-- An advertisement for an income tax refund anticipation loan may not-- ``(i) describe an income tax refund anticipation loan as a tax refund or rebate; or ``(ii) advertise or solicit tax preparation services as including the possibility of obtaining an immediate or rapid income tax refund or rebate if the immediate or rapid income tax refund or rebate involves an income tax refund anticipation loan origination. ``(B) Information required to be provided in ads for income tax refund anticipation loans.--Any advertisement for an income tax refund anticipation loan shall include the following information with respect to such loan: ``(i) Any fees imposed by the originator in connection with the origination of such loan. ``(ii) The annual percentage rate applicable with respect to such loan and any fees imposed by the creditor in connection with such loan. ``(iii) The name of the creditor, if other than the originator, with respect to such loan. ``(3) Contract and disclosure requirements.-- ``(A) Contract requirements.--No income tax refund anticipation loan origination services may be provided by any income tax refund anticipation loan originator for any consumer unless a written and dated contract (for such services) which meets the requirements of subparagraph (B) has been signed by the consumer. ``(B) Disclosure requirements.--No contract referred to in subparagraph (A) meets the requirements of this paragraph unless the following information relating to the income tax refund anticipation loan is included in such contract (in writing) and is verbally communicated to the consumer (regardless of whether any of such information is also required under this chapter to be provided by the creditor to the consumer): ``(i) The purpose and the amount of all fees associated with the loan that will be imposed by the originator, the creditor, and any other person involved in the transaction. ``(ii) The estimated amount of the Federal or State tax refund. ``(iii) The fact that the consumer will be responsible for the repayment of the entire loan amount and all related costs and fees regardless of whether-- ``(I) the individual receives a refund; ``(II) the amount of the actual refund is greater than or less than the amount of the estimate of the refund; or ``(III) any mistake or miscalculation was made by the income tax return preparer in the preparation of the tax return or in determining the amount of the refund. ``(iv) The date by which, on average, a refund could be expected to be received using a refund direct deposit program if the consumer filed the return electronically. ``(v) Information on obtaining low- or no- cost income tax preparation, electronic filing and direct deposit of refund services from Volunteer Income Tax Assistance Program (VITA) for low- to moderate-income individuals and military personnel and their families or Tax Counseling for the Elderly (TCE), which will allow the consumer to receive a refund in usually no more than 10 days. ``(vi) A website and a toll-free telephone number for locating the nearest Volunteer Income Tax Assistance Program or Tax Counseling for the Elderly office. ``(4) Enforcement.--Section 130 shall be applied for purposes of this paragraph substituting `income tax refund anticipation loan originator' for `creditor' each place such term appears in such section.''. (b) Prompt Model Disclosure Form Publication.--The Board of Governors of the Federal Reserve System shall publish model disclosure forms for implementation of the amendment made by subsection (a) with regard to income tax refund anticipation loans, in accordance with section 105 of the Truth in Lending Act, before the end of the 6-month period beginning on the date of the enactment of this Act. (c) Effective Date.--The amendment made by subsection (a) shall apply after the end of the 60-day period beginning on the date of the enactment of this Act.
Tax Refund Anticipation Loan Consumer Protection Act - Amends the Truth in Lending Act to prescribe advertising and disclosure requirements for tax refund anticipation loans. Prohibits an advertisement for an income tax refund anticipation loan from: (1) describing such a loan as a tax refund or rebate; or (2) advertising or soliciting tax preparation services as including the possibility of obtaining an immediate or rapid income tax refund or rebate if the refund or rebate involves an income tax refund anticipation loan origination. Requires an advertisement for an income tax refund anticipation loan to disclose: (1) fees imposed by the originator in connection with the loan origination; (2) the applicable annual percentage rate (APR) and fees; and (3) the name of the creditor if other than the originator. Sets forth contract and disclosure requirements for income tax refund anticipation loan origination services. Instructs the Board of Governors of the Federal Reserve System to publish model disclosure forms to implement this Act.
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SECTION 1. PERMANENT MODIFICATION OF INDIVIDUAL RATE BRACKETS. (a) Married Individuals Filing Joint Returns and Surviving Spouses.--The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $19,050..................... 10% of taxable income. Over $19,050 but not over $77,400.... $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000.. $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000.. $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000.. $91,379, plus 35% of the excess over $400,000. Over $600,000........................ $161,379, plus 37% of the excess over $600,000.''. (b) Heads of Households.--The table contained in subsection (b) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $13,600..................... 10% of taxable income. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500.... $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $44,298, plus 35% of the excess over $200,000. Over $500,000........................ $149,298, plus 37% of the excess over $500,000.''. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--The table contained in subsection (c) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $45,689.50, plus 35% of the excess over $200,000. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. (d) Married Individuals Filing Separate Returns.--The table contained in subsection (d) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. Over $300,000........................ $80,689.50, plus 37% of the excess over $300,000.''. (e) Estates and Trusts.--The table contained in subsection (e) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $2,550...................... 10% of taxable income. Over $2,550 but not over $9,150...... $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500..... $1,839, plus 35% of the excess over $9,150. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. (f) Adjustment for Inflation.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2018''; (2) by striking ``determined--'' and all that follows in paragraph (2)(A) and inserting ``determined by substituting `2017' for `2016' in paragraph (3)(A)(ii),''; (3) by striking ``a married individual filing a separate return'' in paragraph (7)(B) and inserting ``any unmarried individual other than a surviving spouse or head of household''; (4) by striking ``married individuals filing separately'' in the heading of subparagraph (B) of paragraph (7) and inserting ``certain unmarried individuals''; and (5) by striking paragraph (8). (g) Special Rules for Certain Children With Unearned Income.-- Subsection (g) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraphs (1), (3), and (5); (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (5), (7), and (8), respectively; (3) by redesignating paragraph (2) as paragraph (6) and by moving such paragraph to the position between paragraphs (5) and (7) (as so redesignated); (4) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: ``(1) In general.--In the case of a child to whom this subsection applies for the taxable year, the amount of tax imposed by this section on such child shall be determined as provided in paragraphs (2) and (3). ``(2) Modifications to applicable rate brackets.--The income tax table otherwise applicable under this section to the child shall be applied with the following modifications: ``(A) 24-percent bracket.--The maximum taxable income which is taxed at a rate below 24 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 24-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(B) 35-percent bracket.--The maximum taxable income which is taxed at a rate below 35 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 35-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(C) 37-percent bracket.--The maximum taxable income which is taxed at a rate below 37 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 37-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(3) Coordination with capital gains rates.--For purposes of applying subsection (h)-- ``(A) the maximum zero rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(A)(iv) for the taxable year, and ``(B) the maximum 15-percent rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(B)(iv) for the taxable year. ``(4) Earned taxable income.--For purposes of this subsection, the term `earned taxable income' means, with respect to any child for any taxable year, the taxable income of such child reduced (but not below zero) by the net unearned income of such child.''; and (5) by striking ``paragraph (4)(A)(ii)(I)'' each place it appears in subparagraphs (A)(ii), (B)(i), and (B)(ii)(II) of paragraph (8) (as so redesignated) and inserting ``paragraph (5)(A)(ii)(I)''. (h) Capital Gains Brackets.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``which would (without regard to this paragraph) be taxed at a rate below 25 percent'' in paragraph (1)(B)(i) and inserting ``below the maximum zero rate amount''; (2) by striking ``which would (without regard to this paragraph) be taxed at a rate below 39.6 percent'' in paragraph (1)(C)(ii)(I) and inserting ``below the maximum 15-percent rate amount''; and (3) by adding at the end the following new paragraph: ``(12) Maximum amounts defined.--For purposes of this subsection-- ``(A) Maximum zero rate amount.--The maximum zero rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $77,200, ``(ii) in the case of an individual who is a head of household (as defined in section 2(b)), $51,700, ``(iii) in the case of any other individual (other than an estate or trust), an amount equal to \1/2\ of the amount in effect for the taxable year under clause (i), and ``(iv) in the case of an estate or trust, $2,600. ``(B) Maximum 15-percent rate amount.--The maximum 15-percent rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $479,000 (\1/2\ such amount in the case of a married individual filing a separate return), ``(ii) in the case of an individual who is the head of a household (as defined in section 2(b)), $452,400, ``(iii) in the case of any other individual (other than an estate or trust), $425,800, and ``(iv) in the case of an estate or trust, $12,700. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2018, each of the dollar amounts in subparagraphs (A) and (B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (i) Conforming Amendments.-- (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) of such Code is amended by striking ``third lowest'' and inserting ``fourth lowest''. (j) Section 15 Not To Apply.--Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of this section. (k) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.
This bill amends the Internal Revenue Code to make permanent provisions included in P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act) that: (1) reduced the individual tax rates, and (2) modified the taxation of the unearned income of children. The existing individual tax rates (10%, 12%, 22%, 24%, 32%, 35%, and 37%) are currently scheduled to expire and revert to higher rates at the end of 2025.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to make permanent the individual tax rates in effect for taxable years 2018 through 2025."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Traverse Reservation Act Amendments of 2006''. SEC. 2. AMENDMENTS TO LAKE TRAVERSE HEIRSHIP ACT. Public Law 98-513 is amended by striking section 5 (98 Stat. 2413) and inserting the following: ``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTEREST. ``(a) Definitions.--In this section: ``(1) Escheatment.--The term `escheatment' means an escheatment to the Tribe of an interest in land pursuant to this section. ``(2) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(3) Small fractional interest.--The term `small fractional interest' means an undivided trust or restricted interest in a parcel of land within the reservation that-- ``(A) represents less than 5 percent of the entire undivided ownership of the parcel of land (as reflected in the decedent's estate inventory as of the date on which the decisionmaker enters the final decision determining heirs); and ``(B) does not exceed the equivalent of 2\1/2\ acres if the interest were to be expressed in terms of its proportionate share of the total acreage of the parcel of land of which the parcel is a part. ``(b) Intestate Inheritance in General.--Notwithstanding section 3, no small fractional interest shall pass by intestate succession under this Act or any other provision of law except as provided in subsection (c). ``(c) Inheritance by Tribe.--If a person dies possessed of a small fractional interest that has not been devised in accordance with subsection (d) to 1 or more eligible devisees described in that subsection, the small fractional interest shall pass to the Tribe, with title to the interest to be held by the United States in trust for the Tribe. ``(d) Inheritance by Testamentary Devise.-- ``(1) Eligible devisees.--Notwithstanding any other provision of this Act, and subject to paragraph (2), a small fractional interest may be devised only to the following eligible devisees: ``(A) The tribe. ``(B) Any person who-- ``(i) is a member of the Tribe; or ``(ii) is eligible to be a member of the Tribe, on the condition that, not later than 180 days after the date of receipt of notice of the probate hearing, the person provides proof of enrollment in the Tribe in accordance with the enrollment procedures of the Tribe. ``(2) Requirements.--No devise of a small fractional interest shall be valid as to a devisee unless-- ``(A) the devisee is eligible to receive the interest by devise under paragraph (1); ``(B) the devisee is expressly identified in the devise by name; and ``(C) the devise is made in a will that has been approved by the Secretary in accordance with section 2 of the Act of June 25, 1910 (36 Stat. 856, chapter 431). ``(3) Holding in trust.--Any small fractional interest devised in accordance with this subsection shall pass to the devisee or devisees on the death of the testator, with title to be held by the United States in trust for the devisee or devisees. ``(e) Notice.--Not later than 180 days after the date of enactment of the Lake Traverse Reservation Act Amendments of 2006, the Secretary shall provide notice of the requirements of this section to owners of trust and restricted interests in land within the Lake Traverse Indian Reservation by-- ``(1) posting written notice of the amendment at the administrative headquarters of the Tribe and at the Agency of the Bureau of Indian Affairs located in Agency Village, South Dakota; ``(2) publishing the notice not fewer than 4 times in newspapers of general circulation in all counties in which any part of the Lake Traverse Indian Reservation is located; and ``(3) sending the notice by first class mail to the last known addresses of Indians with interests in trust or restricted land within the Lake Traverse Indian Reservation. ``(f) Certification.--After providing notice under subsection (e), the Secretary shall-- ``(1) certify that notice has been given in accordance with that subsection; and ``(2) publish notice of the certification in the Federal Register. ``(g) Escheatments.-- ``(1) Purposes.--The purposes of this subsection are-- ``(A) to establish a process for providing compensation for escheatments; and ``(B) to ratify the escheatments. ``(2) Ratification of escheatments.-- ``(A) In general.--Subject to the requirements of this subsection, each escheatment is ratified. ``(B) Holding in trust.--The title to each interest subject to an escheatment shall be held by the United States in trust for the Tribe. ``(3) Actions barred.--Notwithstanding any other provision of law, except as provided in subsection (4)(C)(ii), no court shall have jurisdiction over a claim challenging-- ``(A) an escheatment of any property interest pursuant to this section; or ``(B) the compensation provided for an escheatment. ``(4) Compensation.-- ``(A) In general.--The Secretary shall provide compensation in an amount described in subparagraph (B) to any individual that, absent an escheatment, would have inherited land or an interest in land. ``(B) Amount.-- ``(i) In general.--In determining the amount of compensation to be provided under subparagraph (A), the Secretary shall take into consideration-- ``(I) any appraisal report prepared incident to the probate of the estate of the Indian decedent who last owned the applicable interest immediately prior to its escheat to the Tribe; or ``(II) if an appraisal report described in subclause (I) is not available, the appraised value of the land or interest in land as of the date of probate of the land or interest. ``(ii) Interest.--The amount of compensation provided under this subsection shall include interest calculated from the date of probate of the applicable land or interest in land in accordance with section 3116 of title 40, United States Code. ``(C) Review of determinations.-- ``(i) Administrative review.--A determination by the Secretary of the amount of compensation provided under this subsection shall be subject to administrative review in accordance with regulations of the Secretary contained in part 2 of title 25, Code of Federal Regulations (or successor regulations). ``(ii) Judicial review.-- ``(I) In general.--No court shall have jurisdiction to review a determination by the Secretary of the amount of compensation provided under this subsection until the date on which a final decision is made with respect to the administrative review of the determination. ``(II) Deadline.-- ``(aa) In general.--An action seeking judicial review of a determination by the Secretary under this subsection shall be filed by not later than 1 year after the date described in subclause (I). ``(bb) Failure to meet deadline.--If the deadline described in item (aa) is not met with respect to a determination of the Secretary, the determination shall not be subject to judicial review. ``(D) Exclusive remedy.--Compensation provided under this subsection with respect to an escheatment shall be the exclusive remedy for the escheatment. ``(5) Regulations.--The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this subsection. ``(6) Applicability.-- ``(A) In general.--This section shall apply to escheatments only if-- ``(i) a provision contained in any subsections (a) through (d) is determined to be invalid for any reason by a court of competent jurisdiction; and ``(ii) all appeals of such a determination are exhausted. ``(B) Effect of subsection.--Nothing in this subsection invalidates any provision contained in any subsections (a) through (d). ``(h) Effect on Interests and Wills.--Nothing in this section shall affect any interest in the estate of a person who dies, or the validity or effect of any will executed, before the date that is 1 year after the date on which the Secretary publishes notice of the certification under subsection (f).''.
Lake Traverse Reservation Act Amendments of 2006 - Amends federal Indian law to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Border Reinforcement and Violence Reduction Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Border relief grant program. Sec. 104. Authorization of appropriations. Sec. 105. Enforcement of Federal immigration law. Sec. 106. Regulations. TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION Sec. 201. Short title. Sec. 202. Project Gunrunner. Sec. 203. Enhanced international cooperation. Sec. 204. Operation Armas Cruzadas. Sec. 205. Vehicle inspections. Sec. 206. Affirmation of Second Amendment. TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT SECTION 101. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Enhancement Act of 2009''. SEC. 102. FINDINGS. Congress finds the following: (1) It is the obligation of the Federal Government to adequately secure the borders of the United States and prevent the flow of undocumented persons and illegal drugs into the United States in order to better secure such borders. (2) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (3) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (4) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border security related crimes. (5) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with border security, narcoterrorism, and other border-related crimes. (6) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region. SEC. 103. BORDER RELIEF GRANT PROGRAM. (a) In General.--From amounts made available under section 104, the Secretary of Homeland Security may make border security grants to-- (1) sheriffs' offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds.-- (1) In general.--Grant funds received under subsection (a) may be used for the following activities: (A) To conduct law enforcement operations to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer to appropriate Federal law enforcement officials aliens unlawfully present in the United States who detained or in the custody of the grant recipient. (C) To enforce State and Federal laws relating to securing the border and enforce other State and Federal criminal laws. (2) Payment of costs.--Use of funds under paragraph (1) shall include payment for costs of-- (A) hiring, equipping, training, and otherwise controlling the operations and deployment of law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are unlawfully present in the United States and who are taken into custody by the grant recipient, until such aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities.--In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit to the Secretary of Homeland Security an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Homeland Security to carry out this title $150,000,000 for fiscal year 2010 and each succeeding fiscal year. SEC. 105. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority. SEC. 106. REGULATIONS. Not later than 90 days after the date of the enactment of this title, the Secretary of Homeland Security shall issue regulations to carry out this title. TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION SEC. 201. SHORT TITLE. This Act may be cited as the ``Southwest Border Violence Reduction Act of 2009''. SEC. 202. PROJECT GUNRUNNER. (a) In General.--The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico. (b) Activities.--In carrying out this section, the Attorney General shall-- (1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams; (2) establish not fewer than 1 Project Gunrunner team in each State along the international border between the United States and Mexico; and (3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Additional Staff.--The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner. (d) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 203. ENHANCED INTERNATIONAL COOPERATION. (a) In General.--The Attorney General, in cooperation with the Secretary of State, shall-- (1) assign agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States mission in Mexico, to work with Mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises; (2) provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in Mexico; and (3) support the training of Mexican law enforcement officers in serial number restoration techniques, canine explosive detection, and antitrafficking tactics. (b) Authorization of Appropriations.--There is authorized to be appropriated $9,500,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 204. OPERATION ARMAS CRUZADAS. (a) In General.--In accordance with subsection (b), the Secretary of Homeland Security shall dedicate and expand the resources provided for Operation Armas Cruzadas of United States Immigration and Customs Enforcement (ICE) to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms and in other unlawful activities across the international border between the United States and Mexico. (b) Resources.--To achieve the goal described in subsection (a), the Secretary of Homeland Security shall-- (1) increase the number of ICE agents assigned to Operation Armas Cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section; (2) increase the number of Border Enforcement Security Task Force (BEST) teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section; and (3) coordinate with the heads of other relevant Federal, State, and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 205. VEHICLE INSPECTIONS. The Secretary of Homeland Security shall coordinate with the heads of other relevant Federal, State, and local law enforcement agencies along the border to develop a comprehensive and strategic plan for the inspection of vehicles heading into Mexico. SEC. 206. AFFIRMATION OF SECOND AMENDMENT. Nothing in this title shall be construed to restrict or limit the use and ownership of legal handguns and firearms by law-abiding gun owners.
Border Reinforcement and Violence Reduction Act of 2009 - Authorizes and directs the Attorney General and the Secretary of Homeland Security to expand resources, make grants, and take other actions to protect U.S. citizens and property and to identify, investigate, and prosecute firearms trafficking and other unlawful activities along the U.S.-Mexican border. Border Law Enforcement Enhancement Act of 2009 - Authorizes the Secretary to make border security grants to local sheriffs' offices and police departments within 25 miles of the southern border of the United States. Allows grant funds to be used to pay for law enforcement operations along the U.S.-Mexican border, the costs of training and equipping law enforcement personnel, transporting illegal aliens to U.S. custody, and building detention facilities. Southwest Border Violence Reduction Act of 2009 - Directs the Attorney General to: (1) to dedicate and expand resources for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to identify, investigate, and prosecute firearms trafficking across the U.S.-Mexican border; and (2) provide ATF agents, equipment, and training to assist Mexican law enforcement officers in combating firearms trafficking and other criminal enterprises. Directs the Secretary to: (1) dedicate and expand resources for the Operation Armas Cruzadas of the U.S. Immigration and Customs Enforcement to identify, investigate, and prosecute firearms trafficking, smuggling, and other unlawful activities across the U.S.-Mexican border; and (2) coordinate with other federal, state, and local law enforcement agencies to develop a comprehensive and strategic plan to inspect vehicles heading into Mexico.
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TITLE I--VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS PRESERVATION SEC. 101. SHORT TITLE. This title may be cited as the ``Vicksburg Campaign Trail Battlefields Preservation Act of 1999''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are situated along the Vicksburg Campaign Trail in the States of Mississippi, Louisiana, Arkansas, and Tennessee the sites of several key Civil War battles; (2) the battlefields along the Vicksburg Campaign Trail are collectively of national significance in the history of the Civil War; and (3) the preservation of those battlefields would vitally contribute to the understanding of the heritage of the United States. (b) Purpose.--The purpose of this title is to authorize a feasibility study to determine what measures should be taken to preserve certain Civil War battlefields along the Vicksburg Campaign Trail. SEC. 103. DEFINITIONS. In this title: (1) Campaign trail state.--The term ``Campaign Trail State'' means each of the States of Mississippi, Louisiana, Arkansas, and Tennessee, including political subdivisions of those States. (2) Civil war battlefields.-- (A) In general.--The term ``Civil War battlefields'' means the land and interests in land that is the site of a Civil War battlefield, including structures on or adjacent to the land, as generally depicted on the Map. (B) Inclusions.--The term ``Civil War battlefields'' includes-- (i) the battlefields at Helena and Arkansas Post, Arkansas; (ii) Goodrich's Landing near Transylvania, and sites in and around Lake Providence, East Carroll Parish, Louisiana; (iii) the battlefield at Milliken's Bend, Madison Parish, Louisiana; (iv) the route of Grant's march through Louisiana from Milliken's Bend to Hard Times, Madison and Tensas Parishes, Louisiana; (v) the Winter Quarters at Tensas Parish, Louisiana; (vi) Grant's landing site at Bruinsburg, and the route of Grant's march from Bruinsburg to Vicksburg, Claiborne, Hinds, and Warren Counties, Mississippi; (vii) the battlefield at Port Gibson (including Shaifer House, Bethel Church, and the ruins of Windsor), Claiborne County, Mississippi; (viii) the battlefield at Grand Gulf, Claiborne County, Mississippi; (ix) the battlefield at Raymond (including Waverly, (the Peyton House)), Hinds County, Mississippi; (x) the battlefield at Jackson, Hinds County, Mississippi; (xi) the Union siege lines around Jackson, Hinds County, Mississippi; (xii) the battlefield at Champion Hill (including Coker House), Hinds County, Mississippi; (xiii) the battlefield at Big Black River Bridge, Hinds and Warren Counties, Mississippi; (xiv) the Union fortifications at Haynes Bluff, Confederate fortifications at Snyder's Bluff, and remnants of Federal exterior lines, Warren County, Mississippi; (xv) the battlefield at Chickasaw Bayou, Warren County, Mississippi; (xvi) Pemberton's Headquarters at Warren County, Mississippi; (xvii) the site of actions taken in the Mississippi Delta and Confederate fortifications near Grenada, Grenada County, Mississippi; (xviii) the site of the start of Greirson's Raid and other related sites, LaGrange, Tennessee; and (xix) any other sites considered appropriate by the Secretary. (3) Map.--The term ``Map'' means the map entitled ``Vicksburg Campaign Trail National Battlefields'', numbered ______, and dated ______. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 104. FEASIBILITY STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary shall complete a feasibility study to determine what measures should be taken to preserve Civil War battlefields. (b) Components.--In completing the study, the Secretary shall-- (1) enter into contracts with entities to use advanced technology such as remote sensing, river modeling, and flow analysis to determine which property included in the Civil War battlefields should be preserved, restored, managed, maintained, or acquired due to the national historical significance of the property; (2) evaluate options for the establishment of a management entity for the Civil War battlefields consisting of a unit of government or a private nonprofit organization that-- (A) administers and manages the Civil War battlefields; and (B) possesses the legal authority to-- (i) receive Federal funds and funds from other units of government or other organizations for use in managing the Civil War battlefields; (ii) disburse Federal funds to other units of government or other nonprofit organizations for use in managing the Civil War battlefields; (iii) enter into agreements with the Federal government, State governments, or other units of government and nonprofit organizations; and (iv) acquire land or interests in land by gift or devise, by purchase from a willing seller using donated or appropriated funds, or by donation; (3) make recommendations to the Campaign Trail States for the management, preservation, and interpretation of the natural, cultural, and historical resources of the Civil War battlefields; (4) identify appropriate partnerships among Federal, State, and local governments, regional entities, and the private sector, including nonprofit organizations and the organization known as ``Friends of the Vicksburg Campaign and Historic Trail'', in furtherance of the purposes of this title; and (5) recommend methods of ensuring continued local involvement and participation in the management, protection, and development of the Civil War battlefields. (c) Report.--Not later than 60 days after the date of completion of the study under this section, the Secretary shall submit a report describing the findings of the study to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this title $1,500,000. TITLE II--MISSISSIPPI CIVIL RIGHTS TRAIL STUDY SEC. 201. SHORT TITLE. This title may be cited as the ``Mississippi Civil Rights Trail Study Act of 1999''. SEC. 202. AUTHORIZATION OF STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary of the Interior (hereinafter in this title referred to as the ``Secretary'') shall complete a study identifying sites within the boundaries of the State of Mississippi that are significant to the modern civil rights movement for the purpose of historical interpretation and recognition. The study shall include an evaluation of the feasibility of establishing a Civil Rights Trail by linking the identified sites for interpretive purposes. (b) Criteria; Emphasis.--In conducting the study pursuant to subsection (a), the Secretary shall-- (1) use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91-383 (commonly known as the National Park System General Authorities Act); and (2) place special emphasis on studying the sites on the Mississippi delta and within the Mississippi counties of Hindes, Lauderdale, Neshoba, Amite, Adams, Harrison, Jackson, Marshall, Lafayette, Clay, Lowndess, and Noxubee. SEC. 203. REPORT. Not later than 60 days after the date of completion of the study under this section, 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 a report on the findings, conclusions, and recommendations of the study. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000.
Title II: Mississippi Civil Rights Trail Study - Mississippi Civil Rights Trail Study Act of 1999 - Directs the Secretary to complete and report to specified congressional committees on a study identifying sites within Mississippi that are significant to the modern civil rights movement for purposes of historical interpretation and recognition. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Enhancement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the legacies of the horrific attacks of September 11, 2001, is the need for enhanced security of the United States. Meeting this need has imposed serious stresses on government agencies at all levels and entities whose primary task is the protection of the key assets of the United States and the life, health, and property of its populace. (2) President Bush stated, in a February 2003 report titled, ``The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets'', that there is an increased need to assess the Nation's vulnerabilities and to provide additional security for its key assets. Providing such security will require increased cooperation between the Federal Government and the private sector. (3) Such Report recognized that terrorists, in the pursuit of their long-term, strategic objectives, will likely continue to attack critical infrastructures and key assets of the United States, the vast majority of which are owned and operated by the private sector. (4) Because of enhanced security needs, the use of private security companies in guarding the key assets of the United States and the life, health, and property of its populace has increased significantly since September 11, 2001, and will continue to do so. (5) Because of enhanced security needs, businesses have increased their security efforts and the number of internal employees dedicated to securing their facilities. (6) As reliance on private security companies to guard the key assets of the United States and to protect the life, health, and property of its populace continues to grow, the hiring and placement decisions of such companies (which employ more than 500,000 private security officers nationwide) have become critical. Such decisions determine who will protect the United States and have access to its key assets. Similarly, businesses providing their own internal security services have experienced a heightened need to improve their internal security measures and to obtain more information about the individuals who provide their internal security. It has, therefore, become imperative that companies employing or hiring security personnel have access to a criminal background checking system that is efficient, inclusive, nationwide in scope, dependable, and technologically advanced, in order to minimize the occurrence of dangerous and disastrous placement and hiring decisions. (7) Companies cannot properly and effectively evaluate their prospective and current internal security employees without access to the criminal history records available through the National Crime Information Center (NCIC). Access to the NCIC for the purpose of reviewing the background of current and prospective employees is currently enjoyed by the banking industry, the nuclear power industry, public housing authorities, and others, and should be made available to private security companies and to businesses providing their own security so that such companies and businesses can safely and effectively partner with Federal, State, and local governments in the effort to protect the United States. (8) Given its critical role in the security of the United States, the Department of Homeland Security, working in conjunction with the Department of Justice, is best suited to act as the clearinghouse for obtaining and disseminating NCIC criminal history records for the purposes set forth in this section. SEC. 3. IMPROVED CRIMINAL HISTORY RECORDS SEARCH FOR PURPOSES OF EMPLOYMENT OF COVERED PRIVATE SECURITY OFFICERS. Section 6402 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3755, 28 U.S.C. 534 note) is amended by striking subsection (c) and all that follows through the end and inserting the following new subsections: ``(c) Requirement To Provide NCIC Information Upon Request.-- ``(1) In general.--The Secretary shall, upon receipt of a request by a covered employer with respect to a covered employee, provide for an NCIC criminal history records check with respect to the covered employee and provide the results of the check to the covered employer, in accordance with this section. ``(2) Fingerprints.--A request under paragraph (1) shall include the fingerprints of the covered employee, which shall be submitted electronically to the Secretary. The Secretary shall transmit those fingerprints to the Attorney General. To assist the Secretary in complying with paragraph (1), the Attorney General shall, notwithstanding any other provision of law, provide for-- ``(A) an NCIC criminal history records check to be carried out with respect to that covered employee; and ``(B) the results of that check to be transmitted to the Secretary. ``(3) Fee.--The Secretary may, by regulation, establish and collect a reasonable fee for conducting a criminal history records check under paragraph (1). ``(d) Use of NCIC Information by Covered Employers.-- ``(1) Prohibition.-- ``(A) In general.--A covered employer may not employ a covered employee to provide a security service described in subparagraph (B), unless-- ``(i) the covered employer first obtains the results of an NCIC criminal history records check with respect to that covered employee; and ``(ii) neither the results of that check, nor any other information made available to the covered employer, indicate that the covered employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses: ``(I) Illegally using, carrying, or possessing any firearm or other dangerous weapon. ``(II) Making or possessing an instrument, the primary use of which would be to facilitate burglary, theft, or a similar crime. ``(III) Buying or receiving stolen property. ``(IV) Unlawful entry of a building. ``(V) Aiding escape from prison. ``(VI) Unlawfully possessing or distributing any illegal narcotic drug. ``(VII) Any act involving theft, including theft by deception. ``(VIII) Recklessly endangering another person. ``(IX) Making any threat of terror. ``(X) Any crime of violence against another individual, including assault or battery, or any crime of violence against the property of an individual. ``(XI) Attempting or conspiring to commit any of the offenses described in subclauses (I) through (X). ``(XII) Any other offense relevant to the ability of the covered employee to provide reliable security services, as specified by the Secretary by regulation. ``(B) Security service described.--For purposes of this section, a security service is-- ``(i) guarding, protecting, or securing any asset or personnel of the covered employer or any asset or personnel of any customer of such employer; or ``(ii) directly or indirectly supervising the activities of any other employee of such employer who guards, protects, or secures any such asset or personnel. ``(2) Delayed applicability for current employees.--In the case of a covered employee who, as of the effective date described in section 4 of the Private Security Officer Employment Enhancement Act of 2006, is employed by a covered employer to provide a security service, the prohibition under paragraph (1) shall not apply to such employer with respect to such employee until-- ``(A) the given date that is six months after such effective date; or ``(B) a later date specified by the Secretary, in the case in which the Secretary certifies that the results of the records check could not be obtained by the given date described in subparagraph (A) despite the exercise of reasonable diligence on the part of both the employee and the employer. ``(3) No liability for good faith determinations.--No covered employer shall be liable for any determination made by such employer in good faith that an offense identified from a criminal history records check conducted under subsection (c) for such employer on a covered employee is within the scope of offenses described in paragraph (1)(A)(ii) for purposes of such employer making an employment decision with respect to such employee. ``(4) Rule of construction.--Nothing in paragraph (1) shall be construed as preventing a covered employer from making an employment decision, with respect to a covered employee, based on any lawful reason not described in such subsection, including the reason that the results of a criminal history records check conducted under subsection (c)(1) (or any other information made available to the employer) on such employee indicate that the employment of the employee would violate any applicable State law. ``(5) Non-application of fair credit reporting act.--The provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) shall not apply to an NCIC criminal history records check conducted under subsection (c). ``(e) Employee Rights.-- ``(1) Written consent.--A covered employer may not make a request under subsection (c)(1) with respect to a covered employee, or obtain the fingerprints of a covered employee under subsection (c)(2), without the written consent of that employee. ``(2) Frequency of requests.--A covered employer that makes a request under subsection (c)(1) with respect to a covered employee and thereafter employs that employee for a continuous period may not make another such request with respect to such employee unless-- ``(A) such request is made at least 12 months after the previous request; or ``(B) good cause (including for purposes of a promotion of the covered employee) exists. ``(3) Accuracy and completeness.--The Secretary shall ensure that each covered employee subject to a request for an NCIC criminal history records check under subsection (c)(1) will receive the results of the check and will have the opportunity to provide to the head of the National Crime Information Center of the Federal Bureau of Investigation information concerning the accuracy or completeness of such results. The covered employee involved must provide such information within 30 days after receipt of such results. ``(f) Records Management.-- ``(1) In general.--A covered employer receiving any results from a criminal history records check carried out under subsection (c)(1), with respect to a covered employee, shall ensure each of the following: ``(A) Such results are maintained confidentially. ``(B) Such results are not misused or disseminated to any person not involved in the employment decision with respect to the covered employee. ``(C) Subject to paragraph (2), such results are destroyed within one year after the latter of the following dates, with respect to such results: ``(i) The first of the following dates: ``(I) The date of the decision whether to employ or continue to employ the covered employee. ``(II) The date that is one year after the date on which the covered employer received the results. ``(ii) The date that is one year after the final disposition of a claim or proceeding relating to the employment of the covered employee. ``(2) No destruction of results if related claim pending.-- In no case shall the results from a criminal history records check carried out under subsection (c)(1) be destroyed pursuant to paragraph (1)(C) while a claim or proceeding described in clause (ii) of such paragraph is pending. ``(g) Use of Information by Department of Homeland Security.--In carrying out this section, the Secretary shall establish procedures to ensure that the Department of Homeland Security uses the results of criminal history records checks carried out under subsection (c)(1) in a manner that-- ``(1) limits the dissemination of such results outside the Department only to the covered employer; ``(2) ensures that such results are used only for the purpose of determining the suitability of a covered employee for employment in the private security field; and ``(3) protects covered employees from any use of such results that is in violation of the provisions of this section. ``(h) Regulations.--The Secretary shall prescribe regulations to carry out this section. ``(i) Criminal Penalties.--Any person who knowingly and intentionally uses any information obtained pursuant to this section for a purpose other than the purpose of determining the suitability of a covered employee for employment in the private security field shall be imprisoned not more than two years or fined under title 18, United States Code, or both. ``(j) Definitions.--For purposes of this section: ``(1) Covered employee.--The term `covered employee' means any individual, other than an active law enforcement officer for any governmental unit, who is-- ``(A) employed by, or seeking employment with, a nongovernmental entity that provides security services; or ``(B) employed as an internal security employee by, or seeking employment as an internal security employee with, a nongovernmental entity that has more than 50 employees, of which three or more are internal security employees. ``(2) Covered employer.--The term `covered employer' means-- ``(A) any nongovernmental entity that-- ``(i) provides security services; ``(ii) for each jurisdiction in which it provides such services, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and ``(iii) provides such services-- ``(I) in interstate or foreign commerce; ``(II) at any site where there is located any element of the Federal Government; or ``(III) for any person engaged in interstate or foreign commerce; or ``(B) any nongovernmental entity that-- ``(i) has more than 50 employees, of which three or more are internal security employees; ``(ii) for each jurisdiction in which it provides internal security services with respect to itself, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and ``(iii) is either engaged in interstate or foreign commerce or provides any product or service to any element of the Federal Government. ``(3) Internal security employee.--The term `internal security employee' means an employee whose primary responsibility is to provide internal security with respect to the entity employing such employee. ``(4) NCIC criminal history records check.--The term `NCIC criminal history records check' means a criminal history records check conducted through the databases of the National Crime Information Center of the Federal Bureau of Investigation. ``(5) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(6) State.--The term `State' includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.''. SEC. 4. EFFECTIVE DATE. The amendment made by section 3 shall take effect as of the date of enactment and shall apply to employment decisions made by covered employers, with respect to covered employees, beginning on the date that is 180 days after the date of the enactment of this Act.
Private Security Officer Employment Enhancement Act of 2006 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security, upon request by a covered employer (certain non-governmental companies that provide security guard services or that have more than 50 employees of which at least three are internal security employees), to provide for a National Crime Information Center (NCIC) criminal history records check on a current or prospective employee. Requires such request to include fingerprints. Prohibits such an employer from employing such an employee to provide any security service unless: (1) the employer first obtains the results of an NCIC criminal history records check; and (2) neither the results of that check nor any other information made available to the employer indicate that the employee has any unpardoned convictions under federal or state law of any felony or specified offenses. Prohibits such an employer from making such a request without the employee's consent. Requires an employer to ensure that information received is maintained confidentially, not misused, and destroyed within a specified time. Directs the Secretary to establish procedures to ensure that the Department of Homeland Security properly uses the results. Provides criminal penalties for knowingly and intentionally using any information obtained for a purpose other than determining suitability for employment.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Accuracy in Campus Crime Reporting Act of 1997''. (b) References.--Except as otherwise provided therein, whenever in this Act an amendment or repeal is expressed in terms of a section or other provision, such amendment or repeal shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. DISCLOSURE OF CRIMES REPORTED AND DAILY CRIME LOG. (a) Annual Statistics.--Section 485(f)(1)(F) (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) by striking ``campus security authorities or local police agencies'' and inserting ``campus security or law enforcement; other campus officials (including administrators, deans, disciplinary officers, athletic department officials, housing officials, and counselors) to whom crimes are reported; or local law enforcement''; (2) by striking clauses (i) through (vi) and inserting the following: ``(i) homicide, including-- ``(I) murder or nonnegligent manslaughter; or ``(II) negligent manslaughter; ``(ii) sex offenses, forcible or nonforcible; ``(iii) robbery; ``(iv) aggravated assault; ``(v) burglary; ``(vi) larceny; ``(vii) motor vehicle theft; ``(viii) arson; ``(ix) simple assault; and ``(x) vandalism.''. (b) Annual Statistics.--Section 485(f)(1)(H) (20 U.S.C. 1092(f)(1)(H)) is amended by striking ``arrests for'' and inserting ``incidents of''. (c) Annual Submission.--Paragraph (4) of section 485(f) (20 U.S.C. 1092(f)(4)) is amended to read as follows: ``(4)(A) Each institution participating in any program under this title shall annually submit to the Secretary a copy of the statistics required to be made available pursuant to paragraphs (1)(F) and (1)(H). ``(B) The Secretary shall collect such statistics and report each set in its entirety, with each institution and campus clearly identified, to the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, each participating institution, and the public via printed and electronic means as the Secretary shall determine. This report shall be issued on or before February 1 of each year.''. (d) Compilation Method.--Paragraph (6) of section 485(f) (20 U.S.C. 1092(f)(6)) is amended to read as follows: ``(6)(A) The statistics described in paragraphs (1)(F) and (1)(H) shall be compiled in accordance with the standards and definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such standards and definitions as implemented pursuant to the Hate Crime Statistics Act (28 U.S.C. 534, note). ``(B) The accuracy of the statistics described in paragraphs (1)(F) and (1)(H) shall be certified by each official charged with compiling statistics for inclusion.''. (e) Crime Logs.--Section 485(f) is further amended-- (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4)(A) Each institution participating in any program under this title which maintains either a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording in chronological order all crimes reported to such police or security department, including-- ``(i) the nature, date, time, and general location of each crime; ``(ii) the disposition of the complaint, if known; ``(iii) if citations have been issued or charges made, the names and addresses of all persons cited or charged, and the charges against them; and ``(iv) if an arrest has been made, the names and addresses of all persons arrested and the charges against such persons arrested. ``(B) Unless otherwise required by law, each institution may, but is not required to, identify in its log the alleged victim or victims, witnesses, or suspects who have not been arrested or cited, relating to any investigation of a crime. ``(C)(i) All entries which are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection within 24 hours of the initial report being made to the department, a campus security authority, or other campus official. ``(ii) Where there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information. Under no circumstances, however, shall this exception permit the nonreporting of the nature, date, time, and general location of a reported crime. ``(iii) All exceptions to the reporting provisions of this paragraph are to be construed as narrowly as possible. Only that information which is protected from release by law shall remain confidential. All other information relating to each report shall be public. ``(D) Reports may be disseminated by electronic media, including computer networks, where it is reasonably assured the information will reach most of the campus population in a timely fashion.''. (f) Victims' Rights.--Paragraph (8) of section 485(f) (as redesignated by subsection (e) of this section) is amended by striking subparagraph (C). (g) Disciplinary Proceedings.--Section 485(f) is further amended by adding at the end the following new paragraph: ``(9)(A) Each institution of higher education participating in any program under this title shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's on-campus disciplinary practices in cases of alleged infractions of the institution's code of conduct, or other policies, resulting from an act or series of acts that would constitute a crime or crimes within the meaning of local, State, or Federal law, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction; and ``(ii) the procedures followed once a crime has occurred. ``(B) The policy described in subparagraph (A) shall include a clear statement that-- ``(i) all students reporting an offense shall be informed of their options to notify proper law enforcement, including on-campus and local police; ``(ii) the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; ``(iii) both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging criminal misconduct; ``(iv) any campus disciplinary proceeding brought alleging criminal misconduct shall be open; and ``(v) all records of any such campus disciplinary proceeding brought alleging criminal misconduct shall be open to public inspection during the regular business hours of the custodian of such records, except for previously created education records not related to criminal allegations which are used during the course of the proceeding.''. (h) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. SEC. 3. EXEMPTION OF ALLEGATIONS OF CRIMINAL ACTIVITY FROM EDUCATION RECORDS DEFINITION. (a) Amendment.--Section 444(a)(4)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(4)(B)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) records which are made or maintained by any officer, office, department, or individual employee of an educational agency or institution about-- ``(I) individuals accused of committing or participating in any criminal activity as defined in local, State, or Federal law alleged to have occurred while the individual was a student in attendance, including audit or noncredit, at an educational agency or institution, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction which are relative to the alleged misconduct; ``(II) the accused in subsequent internal disciplinary proceedings of any kind resulting from, or related to, the alleged activity, regardless of the terminology or nature of the institutional infraction or policy violation alleged; ``(III) the time, duration, attendance policy, and location or locations of any such disciplinary proceedings; ``(IV) the findings relative to the accused of any such disciplinary proceedings; ``(V) the current disposition or status of the case, the sanctions incurred (if any), and any subsequent findings or amendments to such sanctions; ``(VI) accusations of criminal misconduct and related sanctions from any previously attended educational agencies or institutions where such records were created on or after September 1, 1998, and which are maintained by the institution currently or most recently attended by the individual; and ``(VII) any criminal acts required to be reported under paragraph (1)(F), (1)(H), or (4) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)).''. (b) Effective Date.--The amendments made by this section shall take effect on September 1, 1998. SEC. 4. ENFORCEMENT. (a) Enforcement.--Section 485(f) (20 U.S.C. 1092(f)) (as amended by section 2) is further amended by adding at the end the following new paragraph: ``(10)(A) If any participating institution of higher education fails or refuses to comply with any provision of this subsection, the Secretary shall forthwith terminate all assistance to the institution under the applicable program affected, or issue such other orders as specified below as the Secretary may deem appropriate to achieve such compliance. ``(B) For each separate count of noncompliance found, the Secretary shall suspend not less than 1 percent of the financial assistance provided by the Department to such institution.''. (b) Retaliation.--Section 485(f) (as amended by subsection (a)) is further amended by adding at the end the following new paragraph: ``(11) No participating institution or other person shall intimidate, threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the implementation of any provision of this subsection, or any rights or privileges accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing.''. (c) Program Participation Agreement Requirements.--Section 487(a)(12) (20 U.S.C. 1094(a)(12)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the policies and crime statistics disclosed under section 485(f) are comprehensive and accurate.''. (d) Effective Date.--The amendments made by this section shall take effect on September 1, 1998.
Accuracy in Campus Crime Reporting Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to revise campus security policy reporting and crime statistics disclosure requirements. Includes other campus officials (as well as campus security or law enforcement, or local law enforcement) among those officials that must report, for statistical disclosure purposes, if specified types of criminal offenses are reported to them. Specifies additions to the list of such offenses. Makes annual submission of campus crime statistics mandatory for all institutions participating in any student aid program under HEA title IV (participating institutions). (Currently such submissions are only required upon the request of the Secretary of Education). Directs the Secretary to report each set of such statistics, clearly identifying each institution and campus, not only to specified congressional committees but also to each participating institution and to the public via printed and electronic means. Requires each official charged with compiling such statistics to certify their accuracy. Repeals a disclaimer that nothing in certain provisions relating to institutional policy on prevention of sexual assaults and procedures after such an assault may be construed to confer a private right of action upon any person to enforce such provisions. Requires any participating institution which maintains a police or security department to keep a daily log of specified crime information open to public inspection. Requires any participating institution to develop and distribute a statement of its disciplinary practices and procedures with respect to crimes, including specified information and policies. Amends the General Education Provisions Act to exclude allegations of criminal activities from the education records subject to family access. Sets forth methods of enforcement of HEA campus security provisions. Directs the Secretary to terminate all assistance to an institution under an applicable program, or issue other specified orders the Secretary deems appropriate to achieve compliance, if any participating institution fails or refuses to comply with requirements for disclosure of campus security policy and campus crime statistics. Prohibits institutional retaliation against individuals for exercising rights or participating in proceedings under such campus security provisions. Requires, under student aid program agreements, that the campus security policies and crime statistics disclosed be comprehensive and accurate.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Contraception and Infertility Research Centers Act of 1993''. SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO CONTRACEPTION AND RESEARCH CENTERS WITH RESPECT TO INFERTILITY. Subpart 7 of part C of title IV of the Public Health Service Act, as amended by section 3 of Public Law 101-613, is amended by adding at the end the following new section: ``research centers with respect to contraception and infertility ``Sec. 452A. (a) 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 activities for the purpose of improving methods of contraception and centers to conduct activities for the purpose of improving methods of diagnosis and treatment of infertility. ``(b) In carrying out subsection (a), the Director of the Institute shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of three centers with respect to contraception and for two centers with respect to infertility. ``(c)(1) Each center assisted under this section shall, in carrying out the purpose of the center involved-- ``(A) conduct clinical and other applied research, including-- ``(i) for centers with respect to contraception, clinical trials of new or improved drugs and devices for use by males and females (including barrier methods); and ``(ii) for centers with respect to infertility, clinical trials of new or improved drugs and devices for the diagnosis and treatment of infertility in males and females; ``(B) develop protocols for training physicians, scientists, nurses, and other health and allied health professionals; ``(C) conduct training programs for such individuals; ``(D) develop model continuing education programs for such professionals; and ``(E) disseminate information to such professionals and the public. ``(2) A center may use funds provided under subsection (a) to provide stipends for health and allied health professionals enrolled in programs described in subparagraph (C) of paragraph (1), and to provide fees to individuals serving as subjects in clinical trials conducted under such paragraph. ``(d) The Director of the Institute shall, as appropriate, provide for the coordination of information among the centers assisted under this section. ``(e) Each center assisted under subsection (a) 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. ``(f) Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(g) For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO CONTRACEPTION AND INFERTILITY. Part F of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487A the following section: ``loan repayment program for research with respect to contraception and infertility ``Sec. 487B. (a) The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program of entering into agreements with qualified health professionals (including graduate students) under which such health professionals agree to conduct research with respect to contraception, or with respect to infertility, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such health professionals. ``(b) The provisions of sections 338B, 338C, and 338E shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. ``(c) Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.
Contraception and Infertility Research Centers Act of 1993 - Amends the Public Health Service Act to mandate grants or contracts for centers for improving methods of contraception and diagnosing and treating infertility. Requires each center to: (1) conduct applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects. Authorizes appropriations. Establishes a program of agreements with health professionals to conduct contraception or infertility research in return for the Government repaying the professionals' educational loans.
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SECTION 1. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS. (a) Requirement.--Except as provided in subsection (b), in promulgating any proposed or final major regulation relating to human health or the environment, the Administrator of the Environmental Protection Agency shall publish in the Federal Register along with the regulation a clear and concise statement that-- (1) describes and, to the extent practicable, quantifies the risks to human health or the environment to be addressed by the regulation (including, where applicable and practicable, the human health risks to significant subpopulations who are disproportionately exposed or particularly sensitive); (2) compares the human health or environmental risks to be addressed by the regulation to other risks chosen by the Administrator, including-- (A) at least three other risks regulated by the Environmental Protection Agency or another Federal agency; and (B) at least three other risks that are not directly regulated by the Federal Government; (3) estimates-- (A) the costs to the United States Government, State and local governments, and the private sector of implementing and complying with the regulation; and (B) the benefits of the regulation; including both quantifiable measures of costs and benefits, to the fullest extent that they can be estimated, and qualitative measures that are difficult to quantify; and (4) contains a certification by the Administrator that-- (A) the analyses performed under paragraphs (1) through (3) are based on the best reasonably obtainable scientific information; (B) the regulation is likely to significantly reduce the human health or environmental risks to be addressed; (C) there is no regulatory alternative that is allowed by the statute under which the regulation is promulgated and that would achieve an equivalent reduction in risk in a more cost-effective manner, along with a brief explanation of why other such regulatory alternatives that were considered by the Administrator were found to be less cost-effective; and (D) the regulation is likely to produce benefits to human health or the environment that will justify the costs to the United States Government, State and local governments, and the private sector of implementing and complying with the regulation. (b) Substantially Similar Final Regulations.--If the Administrator determines that a final major regulation is substantially similar to the proposed version of the regulation with respect to each of the matters referred to in subsection (a), the Administrator may publish in the Federal Register a reference to the statement published under subsection (a) for the proposed regulation in lieu of publishing a new statement for the final regulation. (c) Reporting.--If the Administrator cannot certify with respect to one or more of the matters addressed in subsection (a)(4), the Administrator shall identify those matters for which certification cannot be made, and shall include a statement of the reasons therefor in the Federal Register along with the regulation. Not later than March 1 of each year, the Administrator shall submit a report to Congress identifying those major regulations promulgated during the previous calendar year for which complete certification was not made, and summarizing the reasons therefor. (d) Other Requirements.--Nothing in this section affects any other provision of Federal law, or changes the factors that the Administrator is authorized to consider in promulgating a regulation pursuant to any statute, or shall delay any action required to meet a deadline imposed by statute or a court. (e) Judicial Review.--Nothing in this section creates any right to judicial or administrative review, nor creates any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. If a major regulation is subject to judicial or administrative review under any other provision of law, the adequacy of the certification prepared pursuant to this section, and any alleged failure to comply with this section, may not be used as grounds for affecting or invalidating such major regulation, although the statements and information prepared pursuant to this section, including statements contained in the certification, may be considered as part of the record for judicial or administrative review conducted under such other provision of law. (f) Definition of Major Regulation.--For purposes of this section, ``major regulation'' means a regulation that the Administrator determines may have an effect on the economy of $100,000,000 or more in any one year. (g) Effective Date.--This section shall take effect 180 days after the date of enactment of this Act.
Directs the Administrator of the Environmental Protection Agency, in promulgating any proposed or final major regulation relating to human health or the environment, to publish in the Federal Register, along with the regulation, a statement that: (1) describes and quantifies the risks to human health and the environment to be addressed by the regulation; (2) compares such risks to other risks chosen by the Administrator; (3) estimates the costs to the U.S. Government, State and local governments, and the private sector of implementing and complying with the regulation and the benefits of the regulation; and (4) contains a certification that analyses performed are based on the best obtainable scientific information, the regulation is likely to reduce the risks to be addressed, there is no regulatory alternative that would achieve an equivalent reduction in risk in a more cost-effective manner, and the regulation is likely to produce benefits to human health or the environment that will justify the costs of compliance. Defines a "major regulation" as one that may have an effect on the economy of $100 million or more in any one year. Authorizes the Administrator, if a final regulation is substantially similar to the proposed version, to publish a reference to the statement of the proposed regulation in lieu of publishing a new statement for the final regulation.
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That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely: TITLE I BILATERAL ECONOMIC ASSISTANCE Department of State nonproliferation, anti-terrorism, demining and related programs Funds appropriated for fiscal year 2010 for a voluntary contribution to the International Atomic Energy Agency under section 301 of the Foreign Assistance Act of 1961 may be made available to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency. migration and refugee assistance For necessary expenses to enable the Secretary of State to provide, as authorized by law, not less than $25,000,000 for refugees resettling in Israel, to remain available until expended. TITLE II INTERNATIONAL SECURITY ASSISTANCE Funds Appropriated to the President foreign military financing program For necessary expenses for grants only for Israel to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $2,220,000,000: Provided, That to expedite the provision of assistance to Israel, the Secretary of State may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of Israel's security forces: Provided further, That the Department of State shall consult with the Committees on Appropriations prior to exercising the authority contained in the previous proviso: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $583,860,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That funds appropriated or otherwise made available by this paragraph shall be non-repayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a): Provided further, That none of the funds made available under this paragraph, except those specified in the fourth proviso under this heading, shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless Israel has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided further, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010: Provided further, That funds made available in this paragraph may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That funds appropriated in this paragraph shall be expended at the minimum rate necessary to make timely payment for defense articles and services. TITLE III GENERAL PROVISIONS availability of funds Sec. 301. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended. applicability of general limitations Sec. 302. The pertinent limitations and restrictions on the availability and use of funds set forth in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 shall apply to the appropriations provided in this Act. arab league boycott of israel Sec. 303. It is the sense of the Congress that-- (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. palestinian statehood Sec. 304. (a) Limitation on Assistance.--None of the funds appropriated under this Act, or under titles III through VI of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that-- (1) the governing entity of a new Palestinian state-- (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include-- (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of Congress.--It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver.--The President may waive subsection (a) if he determines that it is important to the national security interests of the United States to do so. (d) Exemption.--The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (``Limitation on Assistance to the Palestinian Authority''). restrictions concerning the palestinian authority Sec. 305. None of the funds appropriated under this Act, or under titles II through VI of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. This Act may be cited as the ``Israel Foreign Assistance Appropriations Act, 2010''.
Israel Foreign Assistance Appropriations Act, 2010 - Appropriates FY2010 funds for Israel for: (1) refugee resettlement; and (2) foreign military credit sales. Conditions the availability of: (1) FY2010 appropriations for a voluntary contribution to the International Atomic Energy Agency (IAEA) upon a determination by the Secretary of State that Israel is not being denied IAEA participation; and (2) certain appropriations to support a Palestinian state upon a determination by the Secretary that the Palestinian governing entity has demonstrated a commitment to peaceful co-existence with Israel and is taking appropriate counterterrorism measures. Expresses the sense of Congress against the Arab League boycott of Israel. Prohibits the expenditure of specified funds to create in any part of Jerusalem a new government office of any U.S. department or agency for the purpose of conducting official U.S. business with the Palestinian Authority (PA) or successor governing entity over Gaza and Jericho.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keystone For a Secure Tomorrow Act''. SEC. 2. FINDING. The Congress finds that the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest. SEC. 3. KEYSTONE XL PIPELINE PERMIT APPROVAL. (a) Permit Approval.--The permit described in subsection (b) is hereby approved. (b) Description of Permit.--The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). (c) Requirements.--The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3) For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))-- (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B) any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (4) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with-- (A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C) if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d) Modification.--The permit approved under subsection (a) shall require-- (1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and (3) the President-- (A) to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e) Effect of No Approval.--If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law. (f) Private Property Savings Clause.--Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.
Keystone For a Secure Tomorrow Act - Approves a specified permit regarding certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project. Prescribes permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State. Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Veterans Access to Quality Care Act of 2017''. SEC. 2. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR VETERANS. (a) Establishment or Expansion of Advanced Degree Programs To Expand Availability of Care.--The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report.-- (1) In general.--Not later than one year after the effective date specified in subsection (d), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). (2) Development of plan.--The Secretary shall develop the plan required under paragraph (1) in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated for fiscal year 2017 for the Department of Veterans Affairs, $5,000,000 to carry out this section. (2) Availability.--The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2020. (d) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Full Practice Authority.--The Secretary of Veterans Affairs shall provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed health care professionals of the Department of Veterans Affairs as is consistent with the education, training, and certification of such health care professionals. (b) Inapplicability of State Limitations.--Full practice authority shall be provided by the Secretary under subsection (a) to health care professionals described in that subsection without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a licensing or credentialing body of a State or otherwise under State law. (c) Definitions.--In this section: (1) The term ``advanced practice registered nurse'' has the meaning given that term in section 5509(e)(1) of Public Law 111-148 (42 U.S.C. 1395ww note). (2) The term ``full practice authority'' means-- (A) with respect to an advanced practice registered nurse, the full scope of practice for the area of nursing practiced by the advanced practice registered nurse as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of nursing; (B) with respect to a physician assistant, the full scope of practice for the area of medicine practiced by the physician assistant as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine; and (C) with respect to any other licensed health care professional not specified in subparagraph (A) or (B), the full scope of practice for the area of medicine practiced by the licensed health care professional as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine. (3) The term ``physician assistant'' has the meaning given that term in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)). SEC. 4. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS. (a) In General.--In a case in which the Secretary of Veterans Affairs hires a covered health care provider, the Secretary of Defense shall, after receiving a request from the Secretary of Veterans Affairs for the credentialing data of the Secretary of Defense relating to such health care provider, transfer to the Secretary of Veterans Affairs such credentialing data. (b) Covered Health Care Providers.--For purposes of this section, a covered provider is a health care provider who-- (1) is or was employed by the Secretary of Defense; (2) provides or provided health care related services as part of such employment; and (3) was credentialed by the Secretary of Defense. (c) Policies and Regulations.--The Secretary of Veterans Affairs and the Secretary of Defense shall establish such policies and promulgate such regulations as may be necessary to carry out this section. (d) Credentialing Defined.--In this section, the term ``credentialing'' means the systematic process of screening and evaluating qualifications and other credentials, including licensure, required education, relevant training and experience, and current competence and health status. (e) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act.
Improving Veterans Access to Quality Care Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) develop a plan for working with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as is consistent with the education, training, and certification of such professionals without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a state licensing or credentialing body. The Department of Defense (DOD) must transfer to the VA upon request the credentialing data of a DOD health care provider who is hired by the VA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf Security Cost Fairness Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the several key oil-producing countries that relied on the United States for their military protection in 1990 and 1991, including during the Persian Gulf conflict, and continue to depend on the United States for their security and stability, should share in the responsibility for that stability and security commensurate with their national capabilities; and (2) the countries of the Gulf Cooperation Council (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates) have the economic capability to contribute more toward their own security and stability and therefore these countries should contribute commensurate with that capability. SEC. 3. EFFORTS TO INCREASE BURDENSHARING BY COUNTRIES IN THE PERSIAN GULF REGION BENEFITTING FROM UNITED STATES MILITARY PRESENCE. The President shall seek to have each country in the Persian Gulf region to which the United States extends military protection (either through security agreements, basing arrangements, or mutual participation in multinational military organizations or operations) take one or more of the following actions: (1) For any country in which United States military personnel are assigned to permanent duty ashore, increase its financial contributions to the payment of the nonpersonnel costs incurred by the United States government for stationing United States military personnel in that country, with the goal of achieving by September 30, 2004, 75 percent of such costs. An increase in financial contributions by any country under this paragraph may include the elimination of taxes, fees, or other charges levied on the United States military personnel, equipment, or facilities stationed in that country. (2) Increase its annual budgetary outlays for national defense as a percentage of its gross domestic product by 10 percent or at least to a level commensurate to that of the United States by September 30, 2002. (3) Increase its annual budgetary outlays for foreign assistance (to promote democratization, economic stabilization, transparency arrangements, defense economic conversion, respect for the rule of law, and internationally recognized human rights) by 10 percent or at least to a level commensurate to that of the United States by September 30, 2002. (4) Increase the amount of military assets (including personnel, equipment, logistics, support and other resources) that it contributes, or would be prepared to contribute, to military activities in the Persian Gulf region. SEC. 4. AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES ALLIES. In seeking the actions described in section 3 with respect to any country, or in response to a failure by any country to undertake one or more of such actions, the President may take any of the following measures to the extent otherwise authorized by law: (1) Reduce the end strength level of members of the Armed Forces assigned to permanent or part-time duty in the Persian Gulf region. (2) Impose on those countries fees or other charges similar to those that such countries impose on United States forces stationed in such countries. (3) Suspend, modify, or terminate any bilateral security agreement the United States has with that country, consistent with the terms of such agreement. (4) Reduce (through rescission, impoundment, or other appropriate procedures as authorized by law) any United States bilateral assistance appropriated for that country. (5) Take any other action the President determines to be appropriate as authorized by law. SEC. 5. REPORT ON PROGRESS IN INCREASING ALLIED BURDENSHARING. Not later than March 1, 2002, the Secretary of Defense shall submit to Congress a report on-- (1) steps taken by other countries to complete the actions described in section 3; (2) all measure taken by the President, including those authorized in section 4, to achieve the actions described in section 3; (3) the difference between the amount allocated by other countries for each of the actions described in section 3 during the period beginning on October 1, 2001, and ending on September 30, 2002, and during the period beginning on October 1, 2002, and ending on September 30, 2003; and (4) the budgetary savings to the United States that are expected to accrue as a result of the steps described under paragraph (1). SEC. 6. REVIEW AND REPORT ON NATIONAL SECURITY BASES FOR FORWARD DEPLOYMENT AND BURDENSHARING RELATIONSHIPS. (a) Review.--In order to ensure the best allocation of budgetary resources, the President shall undertake a review of the status of elements of the United States Armed Forces that are permanently stationed outside the United States. The review shall include an assessment of the following: (1) The requirements that are to be found in agreements between the United States and the allies of the United States in the Persian Gulf region. (2) The national security interests that support permanent stationing of elements of the United States Armed Forces outside the United States. (3) The stationing costs associated with forward deployment of elements of the United States Armed Forces. (4) The alternatives available to forward deployment (such as material prepositioning, enhanced airlift and sealift, or joint training operations) to meet such requirements or national security interests, with such alternatives identified and described in detail. (5) The costs and force structure configurations associated with such alternatives to forward deployment. (6) The financial contributions that allies of the United States in the Persian Gulf region make to common defense efforts (to promote democratization, economic stabilization, transparency arrangements, defense economic conversion, respect for the rule of law, and internationally recognized human rights). (7) The contributions that allies of the United States in the Persian Gulf region make to meeting the stationing costs associated with the forward deployment of elements of the United States Armed Forces. (8) The annual expenditures of the United States and its allies in the Persian Gulf region on national defense, and the relative percentages of each country's gross domestic product constituted by those expenditures. (b) Report.--The President shall submit to Congress a report on the review under subsection (a). The report shall be submitted not later than March 1, 2002, in classified and unclassified form.
Persian Gulf Security Cost Fairness Act - Expresses the sense of Congress that the countries of the Gulf Cooperation Council that relied on the United States for their military protection in 1990 and 1991 and that continue to depend on the United States for their security and stability should share in the responsibility for that stability and security commensurate with their national capabilities.Directs the President to seek to have each country in the Persian Gulf region to which the United States extends military protection take one or more specified financial and budgetary actions to increase their burden sharing.Authorizes the President, in seeking such actions or in responding to a country's failure to undertake one or more of them, to: (1) reduce the end strength level of members of the armed forces assigned to the Persian Gulf region; (2) impose on the country fees or other charges similar to those such countries impose on U.S. forces stationed in them; (3) suspend, modify, or terminate any bilateral security agreement the United States has with that country; or (4) reduce any U.S. bilateral assistance appropriated for that country.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers from Unreasonable Credit Rates Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36-percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $14,000,000,000 on high- cost overdraft loans, as much as approximately $7,000,000,000 on storefront and online payday loans, $3,800,000,000 on car title loans, and additional amounts in unreported revenues on high-cost online installment loans; (5) cash-strapped consumers pay on average approximately 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 17,000 percent or higher for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. SEC. 3. NATIONAL MAXIMUM INTEREST RATE. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. MAXIMUM RATES OF INTEREST. ``(a) In General.--Notwithstanding any other provision of law, a creditor may not make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. ``(b) Fee and Interest Rate Defined.-- ``(1) In general.--For purposes of this section, the term `fee and interest rate' includes all charges payable (directly or indirectly) that are incident to, ancillary to, or as a condition of an extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for-- ``(i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability (including numerical periodic rates, annual fees, cash advance fees, and membership fees); or ``(ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. ``(2) Tolerances.-- ``(A) In general.--With respect to a credit obligation that is payable in at least 3 fully amortizing installments over a period of 90 days or more, the term `fee and interest rate' does not include-- ``(i) an application or participation fee that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if-- ``(I) such fees are excludable from the finance charge determined under section 106; ``(II) such fees cover all credit extended or renewed by the creditor to the borrower for 12 months; and ``(III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; ``(ii) a late fee that does not exceed either $20 per late payment or $20 per month, charged as authorized by State law or by an agreement between the creditor and the borrower; or ``(iii) a creditor-imposed fee that does not exceed $15, charged when a borrower tenders payment on a debt with a check drawn on insufficient funds. ``(B) Adjustments for inflation.--The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and preventing circumvention of the 36-percent fee and interest rate limitation established under subsection (a). ``(c) Calculations.-- ``(1) Open end credit plans.--For an open end credit plan-- ``(A) the fee and interest rate shall be calculated each month, based upon the sum of all fees, charges, and payments described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and ``(B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees, charges, and payments described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. ``(2) Other credit plans.--For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the `finance charge' shall include all fees, charges, and payments described in subsection (b)(1) of this section. ``(3) Adjustments authorized.--The Bureau may make adjustments to the calculations in paragraphs (1) and (2), if the primary goal of such adjustment is to protect consumers and to prevent circumvention of the 36-percent fee and interest rate limitation established under subsection (a). ``(d) Definition of Creditor.--As used in this section, the term `creditor' has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). ``(e) No Exemptions Permitted.--The exemption authority of the Bureau under section 105 shall not apply to this section or to the disclosure requirements under section 127(b)(6). ``(f) Disclosure of Fee and Interest Rate for Credit Other Than Open End Credit Plans.--In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. ``(g) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(h) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. ``(i) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(j) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.''. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS. Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking ``the total finance charge expressed'' and all that follows through the end of the paragraph and inserting ``the fee and interest rate, displayed as `FAIR', established under section 140B.''.
Protecting Consumers from Unreasonable Credit Rates Act of 2017 This bill amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. The bill also sets forth criminal penalties for violations and empowers state Attorneys General to enforce the bill. Credit card billing statements must include the fee and interest rate, displayed as "FAIR," instead of the total finance charge expressed as an annual percentage rate (APR).
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SECTION 1. STALKING. (a) Offense.--Chapter 41 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 880. Stalking ``(a) Definitions.--In this section-- `` `course of conduct' means a pattern of conduct composed of a series of acts over a period of time (regardless of length of time) evidencing a continuity of purpose. `` `credible threat' means a threat to cause great bodily injury or death to a person made with the intent to place the person in reasonable fear of great bodily injury or death to himself or herself or a member of his or her family and with the apparent ability to carry out the threat. `` `harass' means to engage in a knowing and willful course of conduct that-- ``(A) is directed at a particular person; ``(B) seriously alarms, disturbs, harasses, or terrorizes the person; ``(C) serves no legitimate purpose; ``(D) would cause a reasonable person to suffer substantial emotional distress; and ``(E) in fact causes substantial emotional distress to the person. `` `prior conviction' means-- ``(A) a conviction under this section; and ``(B) a conviction under State law prohibiting conduct that is prohibited by this section. `` `protection order' means an order of any court that-- ``(A) restrains a person from engaging in conduct prohibited by this section; or ``(B) restrains a person from intentionally coming into unsolicited contact, directly or indirectly, with a person protected under this section. `` `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States. ``(b) Offenses.--(1) A person who, in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person shall be imprisoned not more than 2 years, fined not more than $5,000, or both. ``(2) A person who is under a protection order who, in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person shall be imprisoned not less than 2 years nor more than 4 years, fined not less than $5,000 nor more than $100,000, or both. ``(3) A person with a prior stalking conviction who, in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person shall be imprisoned not less than 5 years nor more than 10 years, fined not less than $25,000 nor more than $200,000, or both. ``(c) Rule of Construction.--For the purposes of subsection (b), a person shall be considered to engage in conduct in the course of interstate or foreign travel if-- ``(1) the person travels from 1 State to another or from a foreign country to a State with the intention of engaging in that conduct; and ``(2) the person engages in the conduct within 30 days after entering the State in which the conduct occurs. ``(d) Prosecutorial Discretion.--An offense under subsection (b) that is also an offense within the jurisdiction of a State shall not be prosecuted by the United States under this section unless the Attorney General (or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions) makes a written determination that, in the judgment of the official who makes the determination, the offender will not be expeditiously or effectively prosecuted under State law.''. ``(e) Counseling.--If probation is granted to an offender under this section, it shall be a condition of probation that the offender participate in counseling, unless the court, upon a showing of good cause, finds that counseling is not necessary. ``(f) Injunction.-- ``(1) In general.--A court shall consider issuing an order enjoining an offender under this section from any contact with the victim for a period of up to 10 years. ``(2) Duration.--(A) The duration of an injunction under this subsection shall be determined in light of-- ``(i) the seriousness of the facts before the court; ``(ii) the likelihood that the offender will violate this section again; and ``(iii) the safety of the victim and the victim's immediate family. ``(B) The duration of an injunction under this subsection may be longer than 5 years only in an extreme case in which a longer duration is necessary to protect the safety of the victim or the victim's immediate family.''. (b) Technical Amendment.--The chapter analysis for chapter 41, United States Code, is amended by adding at the end the following new item: ``880. Stalking.''.
Amends the Federal criminal code to establish penalties with respect to a person who: (1) in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person; (2) under a protection order engages in such conduct; and (3) with a prior stalking conviction engages in such conduct. Prohibits an offense within the jurisdiction of a State from being prosecuted by the United States under such provisions unless the Attorney General (or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions) makes a written determination that the offender will not be expeditiously or effectively prosecuted under State law. Requires as a condition of probation granted to an offender under such provisions that the offender participate in counseling, unless the court finds that counseling is not necessary. Requires a court to consider issuing an order enjoining an offender from any contact with the victim for a period of up to ten years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Rehabilitation Innovation Centers Act of 2013''. SEC. 2. FINDING. Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of rehabilitation institutions that are important for the future of rehabilitation care and medicine, as well as to patient recovery. (2) This unique category of inpatient rehabilitation institutions treat the most complex conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) Each member of this small group of inpatient rehabilitation institutions has been recognized by the Federal Government for its contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) This cohort of inpatient rehabilitation institutions helps to improve the practice and standard of rehabilitation medicine across the Nation by training physicians, medical students, and other clinicians. (6) It is vital that these unique inpatient rehabilitation institutions are supported so they can continue to lead the Nation's efforts to-- (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; and (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care. SEC. 3. INDIRECT COSTS PAYMENT FOR REHABILITATION INNOVATION CENTERS. Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Indirect costs payment for rehabilitation innovation centers.-- ``(A) Study relating to additional payments to rehabilitation innovation centers to account for higher costs; authority to increase payments.-- ``(i) Study.--Not later than July 1, 2015, the Secretary shall conduct a study to determine whether there should be an increase in the prospective payment rate that would otherwise be made to a rehabilitation innovation center under this subsection for purposes of covering the additional costs that are incurred by such centers in furnishing items and services to individuals under this title, conducting research, and providing medical training, and if the Secretary determines that such an increase is recommended, the amount of such increase that is needed to cover such additional costs. ``(ii) Authority to increase payments.-- Insofar as the Secretary determines under clause (i) that there should be an increase in the prospective payment rate to rehabilitation innovation centers, the Secretary may provide on a prospective basis for an appropriate percentage increase in such rate. ``(B) Rehabilitation innovation center defined.-- ``(i) In general.--Subject to clause (iv), in this paragraph, the term `rehabilitation innovation center' means a rehabilitation facility that, determined as of the date of the enactment of this paragraph, is described in clause (ii) or clause (iii). ``(ii) Not-for-profit.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a not-for- profit entity under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has at least 300 Medicare discharges per year or at least 200 Medicaid discharges per year. ``(iii) Government-owned.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a Government-owned institution under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has a disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256). ``(iv) Authority.--The Secretary may consider applications from inpatient rehabilitation facilities that are not described in clause (ii) or (iii) as of the date of the enactment of this paragraph but who are subsequently so described.''.
Preserving Rehabilitation Innovation Centers Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Superstorm Sandy Mortgage Relief Act of 2013''. SEC. 2. REQUIREMENT TO OFFER FORBEARANCE TO AFFECTED HOMEOWNERS. (a) Requirement.--The Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall each carry out a program under this section to notify mortgagors under covered mortgages of the availability of forbearance under the program and to offer and provide such relief upon a request by an eligible homeowner. (b) Covered Mortgage.--For purposes of this section, the term ``covered mortgage'' means a mortgage-- (1) that is secured by a one- to four-family dwelling that-- (A) is the principal residence of the mortgagor; and (B) is located within an area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Sandy; and (2) that is-- (A) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (B) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (c) Eligible Homeowner.--For purposes of this section, the term ``eligible homeowner'' means a mortgagor under a covered mortgage whose-- (1) household experienced a disruption in income as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k); or (2) residence that secures the mortgage was damaged as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k). (d) Notification.--Under the program under this section, the applicable agency heads shall require each mortgagee of a covered mortgage to notify the mortgagor under the mortgage in writing, not later than the expiration of the 60-day period beginning on the date of the enactment of this Act and in such form as the applicable agency heads shall require pursuant to guidelines issued under subsection (k)-- (1) that the mortgage is a covered mortgage that may be eligible for forbearance relief under the program under this section; (2) of the requirements for eligible homeowners to qualify for such relief; (3) of the terms of such relief; and (4) how to request such relief. (e) Request for Relief.--The applicable agency heads shall, by guidelines issued under subsection (k), provide for mortgagors under covered mortgages to submit requests, during the 6-month period beginning on the date of the enactment of this Act, to the mortgagees of such mortgages for forbearance relief under the program under this section. (f) Determination.--Upon receipt of a request made by a mortgagor under a covered mortgage for forbearance relief under the program under this section that is submitted during the period referred to in subsection (e), the mortgagee shall promptly determine whether the mortgagor is an eligible homeowner and immediately notify the mortgagor in writing of such determination. (g) Requirement To Offer Forbearance.--If, pursuant to a request for relief submitted pursuant to subsection (e) with respect to a covered mortgage, the mortgagee for the mortgage determines that the mortgagor under the mortgage is an eligible homeowner, the mortgagee shall, together with the notification required under subsection (f) submit to the eligible homeowner a written offer for forbearance that meets the requirements of subsection (h). (h) Terms of Forbearance.-- (1) In general.--An offer for forbearance with respect to a covered mortgage meets the terms of this subsection only if-- (A) the forbearance provides for the suspension of payments due under the mortgage for a period having a duration that is not shorter than 4 months nor longer than 12 months; and (B) the offer provides for forbearance and terms, requirements, and procedures for such forbearance that otherwise comply with guidelines issued by the Secretary and the Director pursuant to paragraph (2) of this subsection. (2) Establishment of terms.--The applicable agency heads shall, by guidelines issued pursuant to subsection (k), provide for the terms, requirements, and procedures for forbearance offered under the program under this section. Such guidelines shall provide that-- (A) such forbearance shall be in manner provided under, and subject to the terms of, the provisions of Mortgagee Letter 2002-17 of the Secretary (regarding ``Special Forbearance: Program Changes and Updates'') relating to Type I Special Forbearance, except that-- (i) an offer of forbearance under the program under this section shall only provide relief described in paragraph (1)(A) of this subsection; (ii) any requirement under such Mortgagee Letter relating to delinquency of the mortgage or payments due and unpaid shall not apply to the program under this section; and (iii) the terms of such Mortgagee Letter shall apply with respect to mortgages described in subsection (b)(2)(B) and to the Director in the same manner and to the same extent that such Mortgagee Letter applies to mortgages described in subsection (b)(2)(A) and the Secretary; and (B) the period referred to in paragraph (1)(A) of this subsection may cover periods for which payments due under the mortgage were not paid that occurred before the request for relief under the program was submitted, including periods occurring before the date of the enactment of this Act. (i) Other Forbearance.--This section may not be construed to prevent an eligible homeowner and the mortgagee for the covered mortgage of such eligible homeowner from agreeing to any other terms of forbearance, regardless of whether such eligible homeowner made a request under subsection (e) or received an offer of forbearance pursuant to subsection (g). (j) Other Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in subsection (b)(2)(A); and (B) the Director, with respect to a covered mortgage described in subsection (b)(2)(B). (2) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (3) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Guidelines.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out the program under this section.
Superstorm Sandy Mortgage Relief Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) and the Director of the Federal Housing Agency to carry out a program to notify mortgagors under covered mortgages of the availability of forbearance and to offer and provide such relief upon an eligible homeowner's request. Defines "covered mortgage" as one that: (1) is secured by a one- to four-family dwelling that is the mortgagor's principal residence and is located within a major disaster area resulting from Hurricane Sandy; and (2) is insured under the National Housing Act or owned or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Visa Waiver Program to Secure America Act''. SEC. 2. DEFINITIONS. In this Act: (1) Program country.--The term ``program country'' means a country designated as a program country under section 217(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(1)). (2) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of Homeland Security. (3) Visa waiver program.--The term ``visa waiver program'' means the visa waiver program carried out under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). SEC. 3. ENFORCEMENT OF REQUIREMENT TO REPORT LOST OR STOLEN PASSPORTS. (a) Enforcement of Existing Requirement.--Not later than 180 days after the date of the enactment of this Act, each program country shall have in effect an agreement with the United States as required by section 217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(D)). (b) Failure To Agree To Report.-- (1) Suspension from the program.--If a program country does not meet the requirements of subsection (a), the Secretary, in consultation with the Secretary of State, shall immediately suspend the program country's participation in the visa waiver program. (2) Restoration to the program.--With respect to a country that is suspended from participation in the visa waiver program under paragraph (1), the Secretary shall restore the country's participation on the date that the Secretary determines that the country meets the requirements of paragraph (1). (c) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of subsection (a) have been met. SEC. 4. ENFORCEMENT OF REQUIREMENT FOR PERIODIC EVALUATIONS OF PROGRAM COUNTRIES. (a) Enforcement of Existing Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, shall evaluate under section 217(c)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(5)(A)) each program country that was designated as a program country prior to January 1, 2009. Such evaluation shall include the visa overstay rate for each program country for the 1-year period ending on the date of the enactment of this Act. (b) Visa Overstay Rate Defined.--In this section, the term ``visa overstay rate'' has the meaning given that term in section 217(c)(8)(C) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)(C)), as amended by section 6. (c) Failure To Comply With Program Requirements.-- (1) Suspension from the program.--If the periodic evaluation prepared under subsection (a) shows that a program country has a visa overstay rate that exceeds 2 percent, the Secretary, in consultation with the Secretary of State, shall immediately suspend the program country's participation in the visa waiver program. (2) Restoration to the program.--With respect to a country that is suspended from participation in the visa waiver program under paragraph (1), the Secretary shall restore the country's participation on the date that the Secretary determines that the country's visa overstay rate does not exceed 2 percent. (d) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of subsection (a) have been met. SEC. 5. ARRIVAL AND DEPARTURE VERIFICATION. (a) Requirement for Verification.-- (1) In general.--Subparagraph (A) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)) is amended-- (A) in clause (i)-- (i) by striking ``can verify'' and inserting ``verifies''; (ii) by inserting ``arrival and'' before ``departure''; and (iii) by inserting ``entry and'' before ``exit''; and (B) in clause (ii) by inserting ``entry and'' before ``exit''. (2) Conforming amendment.--Subparagraph (C) of such section 217(c)(8) is amended by inserting ``entry and'' before ``exit''. (b) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of clause (i) of subsection (c)(8)(A) of section 217 of the Immigration and Nationality Act, as amended by subsection (a)(1), are met. (c) Audit.-- (1) Requirement to conduct.--Not later than 180 days after the date that the certification described in clause (i) of subsection (c)(8)(A) of section 217 the Immigration and Nationality Act (8 U.S.C. 1187), as amended by subsection (a)(1), is submitted to Congress, the Comptroller of the United States shall conduct an audit of the travel authorization system described in subsection (h)(3) of that section and submit a report on such audit to Congress. (2) Elements.--The report by paragraph (1) shall include-- (A) a description of the data collected by such system; (B) the number of individuals who were identified by such system as being in violation of the immigration laws, disaggregated by country; and (C) an explanation of any problems in implementing such system encountered during the early stages of implementation to better identify high-risk travelers and countries of origin of such travelers. SEC. 6. VISA OVERSTAY RATES. Subparagraph (C) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)), as amended by section 5(a)(2), is further amended-- (1) in clause (i), by striking the period at the end of the first sentence and inserting ``, except that in no case may a maximum visa overstay rate exceed 2 percent.''; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following: ``(iii) Data compilation.--The Secretary of Homeland Security shall compile data from all appropriate databases to determine the visa overstay rate for each country. Such databases shall include-- ``(I) the Advanced Passenger Information System (APIS); ``(II) the Automated Fingerprint Identification System (IDENT); ``(III) the Central Index System (CIS); ``(IV) the Computer Linked Application Information Management Systems (CLAIMS); ``(V) the Deportable Alien Control System (DACS); ``(VI) the Integrated Automated Fingerprint Identification System (IAFIS); ``(VII) the Nonimmigrant Information System (NIIS); ``(VIII) the Reengineered Naturalization Applications Casework Systems (RNACS); and ``(IX) the Refugees, Asylum, and Parole System (RAPS).''; and (4) by adding at the end the following: ``(v) Annual report.--Not less frequently than once each fiscal year, the Secretary of Homeland Security shall submit to the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives a report describing the visa overstay rate for the previous fiscal year of each country designated as a program country under paragraph (1).''.
Strengthening the Visa Waiver Program to Secure America Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) require current and new program countries to report on lost or stolen visas in order to participate in the program; (2) set a maximum 2% visa overstay rate for program countries; (3) require a reevaluation of program countries within one year; and (4) include arrival data in the required air entry and exit system and electronic travel authorization system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Law Enforcement Act of 2006''. TITLE I--STATE AND LOCAL LAW ENFORCEMENT COOPERATION IN THE ENFORCEMENT OF IMMIGRATION LAW ACT SEC. 101. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES. (a) In General.--Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress. (b) Construction.--Nothing in this section may be construed to require law enforcement personnel of a State or political subdivision of a State to-- (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; or (2) arrest such victim or witness for a violation of the immigration laws of the United States. TITLE II--ALIEN SMUGGLER PROSECUTION ACT SEC. 201. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS. (a) Findings.--The Congress finds as follows: (1) Recent experience shows that alien smuggling is flourishing, is increasingly violent, and is highly profitable. (2) Alien smuggling operations also present terrorist and criminal organizations with opportunities for smuggling their members into the United States practically at will. (3) Alien smuggling is a lucrative business. Each year, criminal organizations that smuggle or traffic in persons are estimated to generate $9,500,000,000 in revenue worldwide. (4) Alien smuggling frequently involves dangerous and inhumane conditions for smuggled aliens. Migrants are frequently abused or exploited, both during their journey and upon reaching the United States. Consequently, aliens smuggled into the United States are at significant risk of physical injury, abuse, and death. (5) Notwithstanding that alien smuggling poses a risk to the United States as a whole, uniform guidelines for the prosecution of smuggling offenses are not employed by the various United States attorneys. Understanding that border-area United States attorneys face an overwhelming workload, a lack of sufficient prosecutions by certain United States attorneys has encouraged additional smuggling, and demoralized Border Patrol officers charged with enforcing our anti-smuggling laws. (b) Sense of Congress.--It is the sense of the Congress that the Attorney General should adopt, not later than 3 months after the date of the enactment of this Act, uniform guidelines for the prosecution of smuggling offenses to be followed by each United States attorney in the United States. (c) Additional Personnel.--In each of the fiscal years 2008 through 2013, the Attorney General shall, subject to the availability of appropriations, increase by not less than 20 the number of attorneys in the offices of United States attorneys employed to prosecute cases under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as compared to the previous fiscal year. TITLE III--ENDING CATCH AND RELEASE ACT OF 2006 SEC. 301. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION. (a) Requirements for an Order Granting Prospective Relief Against the Government.-- (1) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall-- (A) limit the relief to the minimum necessary to correct the violation of law; (B) adopt the least intrusive means to correct the violation of law; (C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and (D) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation. (2) Written explanation.--The requirements described in paragraph (1) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court. (3) Expiration of preliminary injunctive relief.-- Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court-- (A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; and (B) makes the order final before expiration of such 90-day period. (4) Requirements for order denying motion.--This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government.-- (1) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (2) Automatic stays.-- (A) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion. (B) Duration of automatic stay.--An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion. (C) Postponement.--The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days. (D) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C), shall be-- (i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and (ii) immediately appealable under section 1292(a)(1) of title 28, United States Code. (c) Settlements.-- (1) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (a). (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (a) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. (d) Expedited Proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section. (e) Definitions.--In this section: (1) Consent decree.--The term ``consent decree''-- (A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and (B) does not include private settlements. (2) Good cause.--The term ``good cause'' does not include discovery or congestion of the court's calendar. (3) Government.--The term ``Government'' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties. (4) Permanent relief.--The term ``permanent relief'' means relief issued in connection with a final decision of a court. (5) Private settlement agreement.--The term ``private settlement agreement'' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled. (6) Prospective relief.--The term ``prospective relief'' means temporary, preliminary, or permanent relief other than compensatory monetary damages. SEC. 302. EFFECTIVE DATE. (a) In General.--This title shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act. (b) Pending Motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment. (c) Automatic Stay for Pending Motions.-- (1) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in subsection (b) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion-- (A) was pending for 45 days as of the date of the enactment of this Act; and (B) is still pending on the date which is 10 days after such date of enactment. (2) Duration of automatic stay.--An automatic stay that takes effect under paragraph (1) shall continue until the court enters an order granting or denying the Government's motion under section 301(b). There shall be no further postponement of the automatic stay with respect to any such pending motion under section 301(b)(2). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in subsection (b) shall be an order blocking an automatic stay subject to immediate appeal under section 301(b)(2)(D). Passed the House of Representatives September 21, 2006. Attest: KAREN L. HAAS, Clerk.
Immigration Law Enforcement Act of 2006 - Title I: State and Local Enforcement Cooperation in the Enforcement of Immigration Law Act - (Sec. 101) Affirms that state and local law enforcement personnel have the inherent authority to investigate, identify, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) for purposes of assisting in the enforcement of U.S. immigration laws in the course of carrying out routine duties. States that such provision shall not be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; or (2) arrest such victim or witness for an immigration violation. Title II: Alien Smuggler Prosecution Act - (Sec. 201) Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses. Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013. Title III: Ending Catch and Release Act of 2006 - (Sec. 301) States that if a court determines that prospective relief should be ordered against the government in any civil immigration action the court shall in writing and in sufficient detail to permit review by another court: (1) limit the relief to the minimum necessary to correct the violation; (2) adopt the least intrusive means to correct the violation; (3) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and (4) provide for relief expiration on a specific date which is not later than the earliest date necessary for the government to remedy the violation. Provides that preliminary injunctive relief shall expire 90 days after entry unless the court: (1) makes the findings required for the entry of permanent prospective relief; and (2) makes the order final before expiration of such 90-day period. Requires a court to promptly rule on any government motion to vacate, modify, or otherwise terminate a prospective relief order in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone an automatic stay's effective date for up to 15 days. Provides that any order staying, suspending, delaying, or otherwise barring an automatic stay's effective date, other than an order to postpone the effective date for up to 15 days, shall be treated as an order refusing to vacate, modify, or otherwise terminate an injunction and shall be appealable. Prohibits a court in a civil immigration action from entering, approving, or continuing a consent decree that does not comply with the prospective relief requirements under this section. Permits private settlement agreements not complying with the requirements for an order granting prospective relief against the government if the terms of the agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. (Sec. 302) States that: (1) this title shall apply with respect to all orders granting prospective relief in any civil immigration action whether such relief was ordered before, on, or after the date of enactment of this Act; and (2) every pending motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief pending on the date of enactment of this Act shall be treated as if it had been filed on such date of enactment. States that: (1) an automatic stay of prospective relief shall take effect without further order of the court ten days after the date of the enactment of this Act if the motion was pending for 45 days as of the date of the enactment of this Act and is still pending ten days after such date of enactment; (2) such automatic stay shall continue until the court enters an order granting or denying the government's motion, with no further postponement; and (3) any order, staying, suspending, delaying or otherwise barring the effective date of such automatic stay shall be subject to immediate appeal.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Hero's Card Act of 2011''. SEC. 2. PILOT PROGRAM ON PROVISION OF HEALTH CARE TO VETERANS RESIDING IN ALASKA AT NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) In General.--The Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of carrying out a program by which a covered veteran can, except as provided in subsection (f), receive necessary hospital care or medical services for any condition at any hospital or medical facility or from any medical provider eligible to receive payments under-- (1) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.); (3) the TRICARE program; or (4) the Indian health program. (b) Covered Veteran.--For purposes of this section, a covered veteran is any veteran who-- (1) is entitled to hospital care or medical services under laws administered by the Secretary of Veterans Affairs; (2) is located in the State of Alaska; and (3) resides at a location that is located in-- (A) such State; and (B) a town, village, or other community that is not accessible by motor vehicle (as defined in section 30102 of title 49, United States Code). (c) Duration of Pilot.--The pilot program shall be carried out during the two-year period beginning on the date of the enactment of this Act. (d) Cost of Care and Service.-- (1) In general.--The cost of any hospital care or medical service provided under the pilot program shall be borne by the United States from amounts other than amounts appropriated or otherwise made available for an Indian health program. (2) No billing of veterans.--The Secretary shall take measures to ensure that covered veterans are not billed for the hospital care and medical services they receive under the pilot program. (e) Alaska Hero Card.--In carrying out the pilot program, the Secretary shall issue to each covered veteran a card to be known as an ``Alaska Hero Card'' that such veteran may present to an authorized provider to establish the covered veteran's eligibility for hospital care and medical services under the pilot program. (f) Authorized Providers.--The Secretary may establish a list of authorized providers from whom a covered veteran may receive hospital care and medical services under the pilot program. (g) Measures To Ensure Quality and Safety of Care.-- (1) In general.--The Secretary shall take such measures as may be necessary to ensure that the quality and safety of care provided to veterans under the pilot program is equal to or better than the quality and safety of care otherwise provided by the Department of Veterans Affairs. (2) Specific measures.--The measures described in paragraph (1) may include requirements relating to the following: (A) Credentialing and accreditation of providers of hospital care or medical services. (B) Timely reporting of access to care. (C) Timely reporting of clinical information to the Secretary. (D) Reporting safety issues, patient complaints, and patient satisfaction. (E) Robust quality programs, including peer review and compliance with industry standards and requirements. (3) Providers certified by indian health service.--For purposes of the pilot program, the Secretary shall consider the equality and safety of care provided by a provider described in subsection (a)(2) who is certified by the Indian Health Service as a community health aide pursuant to section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l) and who is providing services within the scope of such certification as being equal to or better than the quality and safety of care otherwise provided by the Department. (h) Savings.--Nothing in this section shall be construed to limit any right of recovery available to an Indian health program under the provisions of section 206 or 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1621e and 1645(c)), or any other Federal or State law. (i) Definitions.--In this section: (1) Hospital care and medical services.--The terms ``hospital care'' and ``medical services'' have the meanings given such terms in section 1701 of title 38, United States Code. (2) Indian health program.--The term ``Indian health program'' has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (3) Service-connected.--The term ``service-connected'' has the meaning given such term in section 101 of such title. (4) TRICARE program.--The term ``TRICARE program'' has the meaning given such term in section 1072 of title 10, United States Code.
Alaska Hero's Card Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program assessing the feasibility and advisability of carrying out a program by which certain veterans entitled to VA services residing in communities in the state of Alaska that are inaccessible by motor vehicle can, subject to exceptions, receive necessary hospital care or medical services at any hospital or medical facility or from any medical provider eligible to receive payments under: (1) titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act, (2) the TRICARE program (a Department of Defense [DOD] managed health care program), or (3) the Indian health program. Requires the cost of any hospital care or medical service provided under the pilot program to be borne by the United States from amounts other than amounts appropriated or otherwise made available for an Indian health program. Directs the Secretary to take measures ensuring that covered veterans are not billed for hospital care and medical services received under the pilot program. Requires the Secretary, in carrying out the pilot program, to issue to each covered veteran a card to be known as an "Alaska Hero Card" that such veteran may present to an authorized provider to establish the covered veteran's eligibility for hospital care and medical services under the pilot program. Authorizes the Secretary to establish a list of authorized providers from whom a covered veteran may receive hospital care and medical services under the pilot program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is estimated that there are 17,000,000 patients with diabetes in the United States and that diabetes costs the United States $132,000,000,000 each year. (2) There has been a 61 percent increase in the number of Americans with diabetes since 1990. (3) Fifteen percent of people with diabetes will experience a foot ulcer, and between 14 and 24 percent of those with a foot ulcer will require an amputation. (4) The increased incidence of diabetes has resulted in more lower extremity amputations. From 1980 to 1996, the number of diabetes-related hospital discharges with lower extremity amputations increased from 36,000 to 86,000 per year. (5) The Medicare costs for diabetes patients with foot ulcers is 3 times higher than for diabetes patients in general, and inpatient care accounts for 74 percent of diabetic ulcer- related costs. Therefore, cost effective ulcer prevention and treatment interventions will reduce Medicare costs. (6) Lower extremity amputations are devastating to the patient, and with an average cost of $60,000, these procedures are a costly burden on the health system. (7) Research shows that a multidisciplinary approach, including preventive strategies, patient and staff education, and treatment of foot ulcers, has been reported to reduce amputation rates by more than 50 percent at a fraction of the cost. SEC. 3. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 330K the following: ``SEC. 330L. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. ``(a) Grants.--Subject to subsection (b), the Secretary shall award grants to eligible entities for the following: ``(1) Providing a high-risk, underserved population with screening, education, and evidence-based medical treatment regarding diabetic foot complications that may lead to lower extremity amputations. ``(2) Evaluating the quality, cost effectiveness, parity, and patient satisfaction of medical interventions in the prevention of diabetic foot complications and lower extremity amputations. ``(b) Restriction.--A grant under this section may be used to pay for a treatment only if the treatment is preventive in nature or is part of comprehensive outpatient care. ``(c) Eligible Entities.--For purposes of this section, the term `eligible entity' means a multidisciplinary health care program, which may be university-based, that demonstrates to the Secretary's satisfaction the following: ``(1) An ability to provide high-quality, cost-effective, and accessible treatment to a patient population that has a high incidence of diabetes relative to the national average and a general inability to access diabetic foot treatment programs. ``(2) An ability to successfully educate patients and health care providers about preventive health care measures and treatment methods for diabetic foot complications. ``(3) An ability to analyze and compile the results of research on diabetic foot complications and conduct additional research on diabetic foot complications. ``(d) Criteria.--The Secretary, in consultation with appropriate professional organizations, shall develop criteria for carrying out the grant program under this section and for collecting data to evaluate the effectiveness of the grant program. These criteria shall ensure the following: ``(1) The establishment of an authoritative, collaborative, multi-center study on the impact of comprehensive prevention and treatment of diabetic foot complications in high-risk, underserved populations, upon which future determinations can be based. ``(2) The establishment, in coordination with grant recipients, of evidence-based guidelines and standardized measurement outcomes that may be used to evaluate the overall results of projects under this section. ``(3) The provision to grant recipients of the necessary resources to develop programs that effectively treat patients. ``(e) Application.--To seek a grant under this section, an eligible entity must submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. ``(f) Evaluations.--The Secretary may not award a grant to an eligible entity under this section unless the entity agrees to submit to the Secretary a yearly evaluation of the entity's operations and activities carried out under the grant. ``(g) Study; Report.--Annually, the Secretary-- ``(1) shall conduct an authoritative study on the results of grants under this section, for the purpose of better informing future determinations regarding education, screening, and treatment of diabetic foot complications; and ``(2) shall submit a report on the findings and conclusions of the study to the Congress. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2004 and such sums as may be necessary for each of fiscal years 2005 through 2008.''.
Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible multidisciplinary health care programs for education, screening, and treatment respecting diabetic foot complications and lower extremity amputations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Community Wastewater Treatment Affordability Act of 1994''. SEC. 2. ELIGIBILITY. (a) Acquisition of Lands, Easements, and Rights-of-Ways.--Sections 601(a) and 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a) and 1383(c)) are each amended by inserting before ``(2)'' the following: ``including acquisition of lands, easements, and rights-of- ways necessary for construction of a treatment works,''. (b) Rural Nonprofit Water Association.--Section 603(c)(1) of such Act is amended by inserting ``or any nonprofit corporation eligible for assistance to provide wastewater treatment and water supply services to communities under section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1))'' after ``State agency''. SEC. 3. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with assistance provided from the fund.''. SEC. 4. TYPES OF ASSISTANCE. (a) Loan Program.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) by inserting before the semicolon at the end of subparagraph (A) the following: ``and such loans are made to rural and disadvantaged communities at or below market interest rates, including interest free loans and negative-interest loans (or the equivalent of such negative-interest loans), at terms not to exceed 40 years or the useful life of the project being financed with the proceeds of the loan, whichever is earlier''; (2) in subparagraph (B) by inserting after ``20 years'' the following: ``and, in the case of loans to rural and disadvantaged communities, at terms not to exceed 40 years or the useful life of the project being financed with the proceeds of the loan, whichever is earlier''; and (3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and inserting after subparagraph (B) the following: ``(C) not to exceed 15 percent of all loans made from the water pollution control revolving fund after the date of the enactment of this subparagraph will be used to make negative-interest loans to rural and disadvantaged communities under this paragraph;''. (b) Planning Grants to Disadvantaged Communities.--Section 603(d) of such Act is further amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) for making grants to rural and disadvantaged communities to pay not to exceed 75 percent of planning and predevelopment costs incurred by such communities with respect to construction or improvement of treatment works without regard to whether or not actual construction of the project is carried out; except that amounts available for making such grants in any fiscal year shall not be less than 1 percent, and shall not exceed 2 percent, of the Federal grant awards to the water pollution control revolving fund in such fiscal year and except that the aggregate amount of such grants with respect to any project shall not exceed $75,000.''. (c) Definitions.--Section 603 of such Act is further amended by adding at the end the following new subsection: ``(i) Definitions.--In this title, the following definitions apply: ``(1) Rural and disadvantaged communities.--The term `rural and disadvantaged communities' means a service area of a publicly owned treatment works as defined by the concerned State. Except as otherwise provided by the Administrator, the term shall not include a service area which has a population of 10,000 or more as determined by the latest decennial census of the United States and the residents of which have a median household income of more than 75 percent of the national median household income as determined by such census. ``(2) Negative interest loan.--The term `negative-interest loan' means a loan made by a State from its water pollution control revolving fund to a rural and disadvantaged community pursuant to section 603(d)(1) under which the interest rate is zero percent per year and, in addition, the State forgives an amount of the principal of the loan not to exceed 2 percent per year but not to exceed a total forgiveness of 20 percent of the principal over the term of the loan.''. SEC. 5. ADMINISTRATIVE COSTS. Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by striking ``except that'' and all that follows through the period and inserting ``except that in a fiscal year such amount shall not exceed 4 percent of the total amount of funds deposited into the fund in such fiscal year, including Federal and State funds and repayments of principal and interest on loans made from the fund.''. SEC. 6. TECHNICAL ASSISTANCE. (a) Grant Program.--Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381-1387) is amended by adding at the end the following: ``SEC. 608. TECHNICAL ASSISTANCE GRANT PROGRAM. ``(a) In General.--The Administrator may make grants to the National Rural Water Association, the Rural Community Assistance Program, and the Small Flows Clearinghouse and any other appropriately qualified organizations as determined by the Administrator to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 per fiscal year for each of fiscal years 1994 through 1998. Such funds shall remain available until expended.''. (b) Conforming Amendment.--Section 607 of such Act (33 U.S.C. 1387) is amended by inserting ``(other than section 608)'' after ``title''.
Rural Community Wastewater Treatment Affordability Act of 1994 - Amends the Federal Water Pollution Control Act to make activities involving the acquisition of lands, easements, and rights-of-way necessary for construction of publicly owned treatment works eligible for assistance from State revolving loan funds (SRFs). Makes certain nonprofit associations and other entities eligible for wastewater treatment and supply services under the Consolidated Farm and Rural Development Act eligible for SRF assistance as well. Adds to the list of conditions that a State must meet to receive a capitalization grant that the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with SRF assistance. Requires loans made from SRFs to be made to rural and disadvantaged communities at or below market interest rates for terms of up to 40 years or the useful life of the project being financed, whichever is earlier. Permits up to 15 percent of all loans made from an SRF to be used for negative-interest loans to rural and disadvantaged communities. Allows SRFs to be used to make grants to such communities for up to 75 percent of planning and predevelopment costs incurred with respect to construction or improvement of treatment works without regard to whether actual construction is carried out. Limits amounts available for grants per fiscal year. Authorizes the Administrator of the Environmental Protection Agency to make grants to the National Rural Water Association, the Rural Community Assistance Program, the Small Flows Clearinghouse, and other qualified organizations to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Prize Competitions Act of 2016''. SEC. 2. AMENDMENTS TO PRIZE COMPETITIONS. Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) is amended-- (1) in subsection (c)-- (A) in the matter before paragraph (1)-- (i) by inserting ``competition'' after ``section, a prize''; and (ii) by inserting ``types'' after ``following''; and (B) in paragraph (4), by striking ``prizes'' and inserting ``prize competitions''; (2) in subsection (f)-- (A) in the matter before paragraph (1), by striking ``in the Federal Register'' and inserting ``on a publicly accessible Internet website of the Government, such as www.challenge.gov,''; and (B) in paragraph (4), by striking ``prize'' and inserting ``cash prize purse''; (3) in subsection (g), in the matter before paragraph (1), by striking ``prize'' and inserting ``cash prize purse''; (4) in subsection (h), by inserting ``prize'' before ``competition'' both places it appears; (5) in subsection (i)-- (A) in paragraph (1)(B), by inserting ``prize'' before ``competition''; (B) in paragraph (2)(A), by inserting ``prize'' before ``competition'' both places it appears; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Waiver.--An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers.''; (6) in subsection (k)-- (A) in paragraph (2)(A), by inserting ``prize'' before ``competition''; and (B) in paragraph (3), by inserting ``prize'' before ``competitions'' both places it appears; (7) in subsection (l), by striking all after ``may enter into'' and inserting ``a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section.''; (8) in subsection (m)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation.''; (B) in paragraph (2), by striking ``prize awards'' and inserting ``cash prize purses''; (C) in paragraph (3)(A)-- (i) by striking ``No prize'' and inserting ``No prize competition''; and (ii) by striking ``the prize'' and inserting ``the cash prize purse''; (D) in paragraph (3)(B)-- (i) in the matter before clause (i), by striking ``a prize'' and inserting ``a cash prize purse''; and (ii) in clause (i), by inserting ``competition'' after ``prize''; and (E) in paragraph (4)-- (i) in subparagraph (A), by striking ``a prize'' and inserting ``a cash prize purse''; and (ii) in subparagraph (B), by striking ``cash prizes'' and inserting ``cash prize purses''; (9) in subsection (n), by inserting ``for both for-profit and nonprofit entities,'' after ``contract vehicle''; (10) in subsection (o)(1), by striking ``or providing a prize'' and inserting ``a prize competition or providing a cash prize purse''; and (11) in subsection (p)(2)-- (A) in subparagraph (C), by striking ``cash prizes'' both places it occurs and inserting ``cash prize purses''; and (B) by adding at the end the following new subparagraph: ``(G) Plan.--A description of crosscutting topical areas and agency-specific mission needs that may be the strongest opportunities for prize competitions during the upcoming 2 fiscal years.''.
Science Prize Competitions Act of 2016 This bill amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding prize competitions, including to allow an agency to waive insurance requirements. Each prize competition shall be published on a publicly accessible government website rather than in the Federal Register.
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SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting before section 26 the following new section: ``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $6,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, the credit under this section is allowable only if the individual is a first-time homebuyer, and subsection (a) shall be applied by substituting `$3,250' for `$6,500'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $6,500. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual is such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence in the United States during the 3-year period ending on the date of the purchase of the principal residence to which this section applies. ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 24, 25, 25B, and 1400C) and section 27, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Denial of Double Benefit.--No credit shall be allowed under subsection (a) if the credit under section 1400C is allowed. ``(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) Property to Which Section Applies.--The provisions of this section apply to a principal residence if the taxpayer enters into, on or after September 1, 2001, and before September 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before April 1, 2003.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following new paragraph: ``(28) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (2) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis), as amended by section 205(b)(3) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (3) Section 23(b)(4)(B) of such Code, as added by section 202(f)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``and section 25C'' after ``this section''. (4) Section 24(b)(3)(B) of such Code, as added and amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``23 and 25B'' and inserting ``23, 25B, and 25C''. (5) Section 25(e)(1)(C) of such Code is amended by striking ``23 and 1400C'' and by inserting ``23, 25C, and 1400C''. (6) Section 25(e)(1)(C) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``25C,'' after ``25B,''. (7) Section 25B of such Code, as added by section 618(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``section 23'' and inserting ``sections 23 and 25C''. (8) Section 1400C(d) of such Code is amended by inserting ``and section 25C'' after ``this section''. (9) Section 1400C(d) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (10) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25C. Purchase of principal residence by first-time homebuyer.''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a) and (b)(10) shall apply to taxable years beginning after December 31, 2000. (2) Temporary conforming amendments.--The amendments made by paragraphs (1), (5), and (8) of subsection (b) shall apply to taxable years beginning after December 31, 2000, and before January 1, 2002. (3) Permanent conforming amendments.--The amendments made by paragraphs (2), (3), (4), (6), (7), and (9) of subsection (b) shall apply to taxable years beginning after December 31, 2001.
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $6,500. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to a principal residence only if the taxpayer enters into, on or after September 1, 2001, and before September 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before April 1, 2003.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Transparency and Disclosure Act of 2016''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``data reporting by hospitals and ambulatory surgical centers and public posting ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital and an ambulatory surgical center shall report to the Secretary the following data: ``(1) In the case of a hospital-- ``(A) the frequency of occurrence for such hospital during such period of each treatment episode identified under subsection (c)(1) for a condition or disease selected under subparagraph (A) or (B) of such subsection (or updated under subsection (c)(3)), furnished in an inpatient or outpatient setting, respectively; and ``(B) if care was furnished for such a treatment episode by such hospital during such period-- ``(i) the total number of such treatment episodes for which care was so furnished by the hospital during such period; ``(ii) the insured individual average charge (as computed under subsection (e)(3)) by the hospital for such treatment episode during such period; and ``(iii) the uninsured individual average charge (as computed under subsection (e)(4)) by the hospital for such treatment episode during such period. ``(2) In the case of an ambulatory surgical center-- ``(A) the frequency of occurrence for such center during such period of each treatment episode identified under subsection (c)(1) for a condition or disease selected under subparagraph (C) of such subsection (or updated under subsection (c)(3)); and ``(B) if care was furnished for such a treatment episode by such center during such period-- ``(i) the total number of such treatment episodes for which care was so furnished by the center during such period; ``(ii) the insured individual average charge (as computed under subsection (e)(3)) by the center for such episode during such period; and ``(iii) the uninsured individual average charge (as computed under subsection (e)(4)) by the center for such episode during such period. ``(b) Public Availability of Data.-- ``(1) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a) and an appropriate link, with respect to a hospital or center for which the data is reported, to other consumer quality information maintained on such site (or a site maintained by the Centers for Medicare & Medicaid Services) relating to the hospital or center. Such data shall be set forth in a manner that promotes charge comparison among hospitals and among ambulatory surgical centers. ``(2) Notice of availability.--A hospital and an ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). ``(c) Specification of Treatment Episodes.--For purposes of this section: ``(1) In general.--The Secretary shall identify treatment episodes for each of the following: ``(A) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital inpatient setting. ``(B) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital outpatient setting. ``(C) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in an ambulatory surgical center setting. ``(2) Agreement with iom.--In carrying out paragraph (1), the Secretary may enter into an agreement with the Institute of Medicine to define a treatment episode for any condition or disease selected by the Secretary under this subsection. Such a definition may take into account the varying complexity associated with respect to different treatments. ``(3) Updating selection.--The Secretary shall periodically update the conditions and diseases selected under paragraph (1). ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital or an ambulatory surgical center. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. ``(e) Administrative Provisions.-- ``(1) In general.--The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. ``(2) Classification of services.--The regulations and guidelines under paragraph (1) shall include rules on the classification of different treatment episodes and the assignment of items and procedures to those episodes. ``(3) Computation of insured individual average charges.-- ``(A) In general.--For purposes of subsections (a)(1)(B)(ii) and (a)(2)(B)(ii), an insured individual average charge for a treatment episode, with respect to a hospital or ambulatory surgical center during a period, shall be computed as the average of the rates (including any applicable copayment, coinsurance, other cost sharing, or other fees, such as facility fees, associated with treatment in the hospital or center) for such episode that have been negotiated by the hospital or ambulatory surgical center, respectively, with the 5 most used health insurance providers for such hospital or center during such period. ``(B) 5 most used health insurance providers.--For purposes of subparagraph (A), the 5 most used health insurance providers, with respect to a hospital or ambulatory surgical center during a period, are the 5 group health plans or insurance issuers offering health insurance coverage-- ``(i) that have negotiated with the hospital or center a rate for the treatment episode involved; and ``(ii) the enrollees of which represent the highest number of patients of the hospital or center, respectively. ``(4) Computation of uninsured individual average charges.-- ``(A) In general.--For purposes of subsections (a)(1)(B)(iii) and (a)(2)(B)(iii), an uninsured individual average charge for a treatment episode, with respect to a hospital or ambulatory surgical center during a period, shall be computed as the average of the total amounts charged for such an episode for which care was furnished to an uninsured individual by such hospital or ambulatory surgical center during such period. ``(B) Uninsured individual defined.--For purposes of subparagraph (A), the term `uninsured individual' means, with respect to care furnished to the individual by a hospital or ambulatory surgical center, an individual who does not have insurance or other third- party contractual benefits that provides payment for costs incurred for such care. ``(5) Form of report and notice.--The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital or an ambulatory surgical center shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). ``(f) Rules of Construction.-- ``(1) Non-preemption of state laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital or an ambulatory surgical center. ``(2) Charges.--Nothing in this section shall be construed to regulate or set hospital or ambulatory surgical center charges. ``(g) Hospital and Ambulatory Surgical Center Defined.--For purposes of this section, the terms `hospital' and `ambulatory surgical center' have the meaning given such terms by the Secretary.''.
Hospital Price Transparency and Disclosure Act of 2016 This bill amends the Public Health Service Act to require hospitals and ambulatory surgical centers to report to the Department of Health and Human Services (HHS): (1) the frequency of certain treatment episodes for the most frequently treated conditions in each setting, (2) the total number of such treatment episodes, and (3) the average charge for the insured and uninsured for such a treatment episode.  HHS must publish on its website: (1) such information in a manner that promotes charge comparisons among hospitals and among ambulatory surgical centers, and (2) a link to other consumer quality information maintained on an HHS or Centers for Medicare and Medicaid Services website. Hospitals and ambulatory surgical centers must post prominently at each admission site a notice of the availability of such data. Civil penalties are authorized for violations of this bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforestation Tax Act of 1993''. SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. (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. 1202. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. ``(a) In General.--At the election of any taxpayer who has qualified timber gain for any taxable year, there shall be allowed as a deduction from gross income an amount equal to the qualified percentage of such gain. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means the lesser of-- ``(1) the net capital gain for the taxable year, or ``(2) the net capital gain for the taxable year determined by taking into account only gains and losses from timber. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 3 percent, by ``(2) the number of years in the holding period of the taxpayer with respect to the timber. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.''. (b) Coordination With Existing Limitations.-- (1) Subsection (h) of section 1 of such Code (relating to maximum capital gains rate) is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified timber gain with respect to which an election is made under section 1202)''. (2) Subsection (a) of section 1201 of such Code (relating to alternative tax for corporations) is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified timber gain with respect to which an election is made under section 1202)''. (c) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (relating to definition of adjusted gross income) is amended by adding after paragraph (14) the following new paragraph: ``(15) Partial inflation adjustment for timber.--The deduction allowed by section 1202.''. (d) Conforming Amendment.--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. 1202. Partial inflation adjustment for timber.''. (e) Effective Date.--The amendments made by this section shall apply to sales or exchanges after December 31, 1992. SEC. 3. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES. (a) In General.--Treasury regulations sections 1.469-5T(b)(2) (ii) and (iii) shall not apply to any closely held timber activity if the nature of such activity is such that the aggregate hours devoted to management of the activity for any year is generally less than 100 hours. (b) Definitions.--For purposes of subsection (a)-- (1) Closely held activity.--An activity shall be treated as closely held if at least 80 percent of the ownership interests in the activity is held-- (A) by 5 or fewer individuals, or (B) by individuals who are members of the same family (within the meaning of section 2032A(e)(2) of the Internal Revenue Code of 1986). An interest in a limited partnership shall in no event be treated as a closely held activity for purposes of this section. (2) Timber activity.--The term ``timber activity'' means the planting, cultivating, caring, cutting, or preparation (other than milling) for market, of trees. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. AMORTIZATION OF REFORESTATION EXPENDITURES AND REFORESTATION TAX CREDIT. (a) Increase in Maximum Amortizable Amount.-- (1) In general.--Paragraph (1) of section 194(b) of the Internal Revenue Code of 1986 (relating to maximum dollar amount) is amended by striking ``$10,000 ($5,000'' and inserting ``$20,000 ($10,000''. (2) Inflation adjustment.--Subsection (b) of section 194 of such Code (relating to limitations) is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 1993, each dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) of such section. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (3) Applicability to reforestation credit.--Paragraph (1) of section 48(b) of such Code (relating to reforestation credit) is amended by striking ``section 194(b)(1)'' and inserting ``paragraphs (1) and (2) of section 194(b)''. (b) Decrease in Amortization Period.-- (1) In general.--Section 194(a) of such Code is amended by striking ``84 months'' and inserting ``60 months''. (2) Conforming amendment.--Section 194(a) of such Code is amended by striking ``84-month period'' and inserting ``60- month period''. (c) Availability of Deduction and Credit to Trusts.--Subsection (b) of section 194 of such Code (as amended by subsection (a)(2) of this section) is amended-- (1) by striking paragraph (4), (2) in paragraph (5)-- (A) by inserting ``and trusts'' after ``Estates'', and (B) by inserting ``and trusts'' after ``estates'', and (3) by redesignating paragraph (5) as paragraph (4). (d) Effective Date.-- (1) Amortization provisions.--Except as provided in paragraph (2), the amendments made by this section shall apply to additions to capital account made after December 31, 1992. (2) Tax credit provisions.--In the case of the reforestation credit under section 48(b) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to property acquired after December 31, 1992.
Reforestation Tax Act of 1993 - Amends the Internal Revenue Code to provide taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. Increases the amount allowable as a deduction for amortization of reforestation expenditures and provides an inflation adjustment after calendar year 1994. Applies such inflation adjustment to the reforestation credit. Shortens the amortization period from 84 to 60 months.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Religious Freedom and a Woman's Access to Contraception Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Instead of restricting Americans' religious freedoms, Congress should preserve a woman's ability to make contraceptive decisions for herself. (2) The freedom of religion is the first freedom listed in the First Amendment to the Constitution of the United States, and Congress has a strong interest in protecting the free exercise of religion for Americans of all faiths. (3) The Religious Freedom Restoration Act of 1993 was signed by President Clinton on November 16, 1993, after passing the House of Representatives unanimously and passing the Senate with the votes of 97 Senators, including 16 currently serving Senators and the Vice President. (4) Title VII of the Civil Rights Act of 1964 provides important protections against discrimination on the basis of race, color, religion, sex, or national origin. (5) The Health Insurance Portability and Accountability Act and amendments made by that Act establish comprehensive protections to ensure that any medications used by or prescribed for an individual are not disclosed to an employer in its capacity as an employer. (6) The Food and Drug Administration has found a number of contraceptives to be proven safe and effective at preventing pregnancies as well as in managing certain medical conditions. (7) There are 5 programs, including the Medicaid program, carried out by the Department of Health and Human Services that provide access to contraception for low-income women. (8) Federal and State government spending for contraceptive services totaled $2,370,000,000 in fiscal year 2010 and the Medicaid program financed 75 percent of government spending for family planning. (9) More than 19,000,000 women were eligible for government-supported contraceptive services in 2010. (10) Even before Obamacare mandated that employers fully subsidize employees' contraception, women had wide access to Food and Drug Administration-approved contraception and such contraception was covered by insurance at over 85 percent of large businesses. (11) Now, Obamacare's various requirements cause an unprecedented intrusion of government mandates into Americans' personal health care decisions, including unprecedented Federal mandates that employers become involved in those decisions, and the individual mandate, which requires individuals to purchase health insurance or pay a penalty. (12) Obamacare has created an enormous disruption in the personal health insurance options of millions of Americans whose health insurance plans were cancelled or whose preferred doctors were not included in their new health insurance plan networks. (13) The Congressional Budget Office estimates that Obamacare could reduce employment by the equivalent of 2,000,000 jobs over the next 10 years. (14) One of Obamacare's mandates places 2,600,000 Americans, nearly two-thirds of them women, at risk of having their hours and wages reduced, according to the Hoover Institution. (15) Obamacare's cuts to the Medicare Advantage program and other regulatory actions could reduce the average benefit for women who rely on the program by $1,538 per year, or 13 percent. (16) Obamacare's payroll tax increase creates an inequitable tax penalty for married working women. (17) Obamacare places limitations on health savings accounts, flexible spending accounts, and other consumer- directed health savings vehicles, which help approximately 17,400,000 Americans to save for their own health expenses, including contraceptives. (18) The current Administration has granted discretionary compliance waivers from Obamacare to a variety of for-profit businesses, unions, and other organizations. (19) To date, the Department of Health and Human Services has granted more than 1,000 individual waiver requests for employers and insurers, excusing the employers and insurers from compliance with various aspects of the law. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that the Food and Drug Administration should study whether contraceptives that are available with a prescription, on the date of enactment of this Act, would be safe and effective for adults if available without a prescription. SEC. 4. EMPLOYEE PROTECTION. Notwithstanding any other provision of law, an employer who is engaged in interstate commerce may not prohibit an employee from purchasing, pursuant to State prescribing and dispensing laws, a drug or medical device, including a contraceptive, that is regulated by the Food and Drug Administration. SEC. 5. EMPOWERING EMPLOYEES TO MAKE HEALTH CHOICES. (a) No Limitations Based on Whether a Drug Is Prescribed.--Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111- 148), and the amendments made by such section, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted. (b) No Limitations on Health FSAs.--Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and the amendments made by such sections, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted.
Preserving Religious Freedom and a Woman's Access to Contraception Act - Prohibits employers from restricting employees from purchasing any drug or medical device regulated by the Food and Drug Administration (FDA). Repeals sections of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 to: (1) allow health savings accounts, medical savings accounts, and health flexible spending accounts to be used to pay for non-prescription drugs; and (2) remove the annual limit for salary reduction contributions to a health flexible spending arrangement under a cafeteria plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National MS Disease Registry Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Multiple sclerosis (referred to in this section as ``MS'') is a progressive, disabling disease that affects the brain and the spinal cord causing loss of myelin, damage to axons, and cerebral atrophy. (2) MS is a prime-of-life disease with an average age of onset at 30 to 35 years of age. (3) The causes of MS are not well understood. (4) There is no known cure for MS. (5) There are several drugs currently approved by the Food and Drug Administration for the treatment of MS, which have shown modest success in reducing relapses, slowing progression of disability, and limiting the accumulation of brain lesions. (6) More than 10,000 individuals in the United States are diagnosed with MS annually, and it is thought that more than 400,000 individuals in the United States have MS. (7) Studies have found relationships between MS and environmental and genetic factors, but those relationships are not well understood. (8) Several small and uncoordinated MS registries and databases exist in the United States and throughout the world. (9) A single national system to collect and store information on the incidence and prevalence of MS in the United States does not exist. (10) The Agency for Toxic Substances and Disease Registry has established a series of small pilot studies, beginning in fiscal year 2006, to evaluate the feasibility of various methodologies that might be used to create a MS surveillance system at the national level. (11) The establishment of a national surveillance system will help-- (A) to identify the incidence and prevalence of MS in the United States; (B) to collect data important to the study of MS; (C) to produce epidemiologically sound data that can be used to compare with MS cluster information, data sets of the Department of Veterans Affairs data sets, and other information; (D) to promote a better understanding of MS; (E) to better understand public and private resource impact; (F) to collect information that is important for research into genetic and environmental risk factors for MS; (G) to enhance biomedical and clinical research by providing a basis for population comparisons; and (H) to enhance efforts to find treatments and a cure for MS. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. MULTIPLE SCLEROSIS NATIONAL SURVEILLANCE SYSTEM. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the receipt of the report described in subsection (b)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with multiple sclerosis (referred to in this section as `MS'), shall-- ``(A) develop a system to collect data on MS including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of MS in the United States. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) MS, including the incidence and prevalence of MS in the United States; ``(B) the age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry shall establish a committee to be known as the Advisory Committee on the MS National Surveillance System (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, representing each of the following: ``(A) National voluntary health associations that focus solely on MS and have demonstrated experience in MS research, care, or patient services. ``(B) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the National Institute of Neurological Disorders and Stroke, the National Institute of Environmental Health Sciences, and the National Institute of Allergy and Infectious Diseases. ``(C) The Department of Veterans Affairs. ``(D) The Department of Defense. ``(E) The Agency for Toxic Substances and Disease Registry. ``(F) The Centers for Disease Control and Prevention. ``(G) Patients with MS or their family members. ``(H) Clinicians with expertise on MS and related diseases. ``(I) Epidemiologists with experience in data registries. ``(J) Geneticists or experts in genetics who have experience with the genetics of MS. ``(K) Statisticians. ``(L) Ethicists. ``(M) Attorneys. ``(N) Other individuals, organizations, or agencies with an interest in developing and maintaining the MS National Surveillance System. ``(2) Duties.--The Advisory Committee shall review information and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the MS National Surveillance System; ``(B) the type of information to be collected and stored in the System; ``(C) the manner in which such data is to be collected; and ``(D) the use and availability of such data including guidelines for such use. ``(3) Report.--Not later than 1 year after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review. ``(c) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (b), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS. ``(d) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the MS National Surveillance System under subsection (a), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall-- ``(A) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the 2 MS surveillance pilot studies initiated in fiscal year 2006 by the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; ``(ii) the MS database of the Department of Veterans Affairs; ``(iii) current MS registries, including the New York State MS Registry and the North American Research Committee on MS (NARCOMS) Registry; and ``(iv) any other existing or relevant databases that collect or maintain information on neurological diseases identified by researchers or recommended by the Advisory Committee established in subsection (b); and ``(B) provide for research access to MS data as recommended by the Advisory Committee established pursuant to subsection (b) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations. ``(2) Coordination with other federal agencies.-- Notwithstanding the recommendations of the Advisory Committee established pursuant to subsection (b), and consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) are made available to agencies such as the National Institutes of Health, the Department of Veterans Affairs, and the Department of Defense. ``(e) Definition.--For the purposes of this section, the term `national voluntary health association' means a national nonprofit organization with chapters or other affiliated organizations in States throughout the United States. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2009 through 2013.''.
National MS Disease Registry Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS); and (2) establish a national surveillance system for the collection and storage of such data, including a population-based registry of U.S. cases of MS. Requires the Secretary to establish the Advisory Committee on the MS National Surveillance System. Allows the Secretary to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS. Requires the Secretary to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Women's Lives through International Family Planning Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) International family planning funds provide assistance that saves the lives of women by providing vital reproductive health care, including family planning and maternal health programs which include prenatal, postpartum, HIV/AIDS and other sexually transmitted disease education that results in safe pregnancies and safe motherhood. (2) Each year more than 585,000 women die from complications with pregnancy and childbirth. In addition, each year at least 7,000,000 women suffer serious health problems and as many as 50,000,000 women suffer some adverse health consequences after childbirth, many of which could be prevented with safe motherhood practices used in reproductive health programs. (3) More than 5,800,000 people were infected with HIV/AIDS in 1998. Without funding from international family planning programs for education and prevention, most governments would not have the resources to combat the physical, social, and economic devastation inflicted by this disease. (4) The health of the planet is connected to the health of women and their families. Rapid population growth exacerbates many environmental problems, including air and water pollution, loss of wildlife habitat, fisheries depletion, and climate change--global problems that transcend national boundaries. Family planning programs give women the option to choose the number and spacing of their children, which contributes to slowing global population growth. International family planning improves the ability of families worldwide to manage their lives and their natural resources more sustainably. (5) When families have access to family planning resources and are able to space their children, delay the timing of their first child, and have longer intervals between each child, there is a decrease in the risk of mortality in both women and children. (6) Voluntary family planning services allow women and men to exercise their fundamental human right to plan the size of their families and ensure that every pregnancy is planned and every child is wanted. Data from around the world provides conclusive evidence that increased access to family planning reduces the incidence of abortion. (7) At the International Conference on Population and Development in 1994, it was estimated that making quality family planning and related health services available to all in need of such planning and services would cost $17,000,000,000 in the year 2000. The United States and other donor countries agreed to provide one-third of these funds. Based on the size of its economy, the United States share of the total donor population assistance should be almost $1,900,000,000 for fiscal year 2001. While short of this funding goal, restoring funding for population assistance to fiscal year 1995 levels would be a significant step toward ensuring access to family planning and reproductive health care for couples around the world. (8) With world population exceeding 6,000,000,000 people, international family planning providers and related nongovernmental organizations play a critical role in meeting the physical, social, environmental, and economic needs in their societies and in expanding participation in the democratic process. These organizations should be provided with adequate funding to fully and actively offer the best and most informative care to their citizens without restrictions on free speech. United States assistance to these organizations should be provided under the same terms as to their governments. SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $366,000,000 to carry out the provisions of section 301 of the Foreign Assistance Act of 1961 and section 2 of the United Nations Environment Program Participation Act of 1973. (b) Availability of Amounts for UNFPA.--Of the amount appropriated for fiscal year 2001 to carry out the provisions of law described in subsection (a), $35,000,000 shall be made available for the United Nations Population Fund (UNFPA). SEC. 4. POPULATION PLANNING ASSISTANCE. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $541,600,000 for population planning activities and other population assistance under part I of the Foreign Assistance Act of 1961. (b) Eligibility of Nongovernmental and Multilateral Organizations for Population Planning Assistance.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 130. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE. ``In determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under this part, the Administrator of the United States Agency for International Development may not apply requirements to such organizations that are more restrictive than requirements applicable to foreign governments for such assistance.''.
Authorizes appropriations for certain population planning activities. Prohibits the Administrator of the United States Agency for International Development, in determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under the Foreign Assistance Act of 1961, from applying requirements to such organizations more restrictive than requirements applicable to foreign governments for such assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Services Outreach and Training Act''. SEC. 2. DEFINITION OF OUTREACH. Section 101 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(34) The term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans, who may be eligible to receive benefits under the laws administered by the Secretary, and to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws.''. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS GRANT PROGRAM FOR RURAL COUNTY VETERAN SERVICE OFFICERS. (a) Grants.--Chapter 5 of title 38, United States Code, is amended by inserting after section 531 the following new section: ``Sec. 532. Grants to assist certain rural counties in employing county veteran service officers; professional qualifications ``(a) Purpose.--The purpose of this section is to improve outreach and assistance to veterans, and to the spouses, children, and parents of veterans, who may be eligible to receive veterans' or veterans- related benefits and who are residing in rural counties through the training of rural county veteran service officers. ``(b) Grant Program.--The Secretary shall carry out a program to make competitive grants in accordance with this section to provide financial assistance to State departments of veteran affairs for the purpose stated in subsection (a). ``(c) Amount of Grant.--The amount of a grant under this section shall be determined by the Secretary, but may not exceed $1,000,000. ``(d) Eligibility.--For purposes of this section, a State is eligible for a grant under this section if it can demonstrate any of the following: ``(1) That it has at least one county, in which veterans reside, that does not have a county veterans service officer. ``(2) That it has at least one county, in which veterans reside, that has a county veterans service officer who performs county veterans service officer functions on less than a full- time basis and that county is able to demonstrate a need for additional services by a county veterans service officer. ``(3) That it has at least one county, in which not fewer than 1,000 veterans reside, that currently has a full-time county veterans service officer, but only if the county is able to demonstrate a need for additional services by a county veterans service officer. ``(e) Competition for Grant.--An eligible State seeking a grant under this section shall submit to the Secretary an application for the grant. The application shall be in such form and shall contain such information as the Secretary may require, including information establishing that the State is an eligible State under this section. From the applications submitted the Secretary shall approve those applications that the Secretary determines to be the most promising in carrying out the purposes of the grant program. Each State whose application is selected by the Secretary to receive a grant under the grant program shall receive funds in an amount determined by the Secretary under subsection (c). In making such determination, the Secretary shall take into consideration the amount of the total appropriation for the grant program, the relative size of the State's veteran population, and the funding necessary to improve training and outreach of county veteran service officers in rural counties. Such funds shall go to the State department of veterans' affairs. ``(f) Requirements for State Receipt of Federal Funds.--Each State receiving a grant under this section shall-- ``(1) provide to the Secretary information and assurances that the funds received under the grant program for the training of county veteran service officers will go to assist counties in which not less than 1,000 veterans reside, and which, in accordance with standards and classification of the Census Bureau, consists entirely of territory, population, and housing units outside of territory classified by the Census Bureau as an `urban area'; ``(2) provide an assurance that the State agency shall match the Federal funds provided under this section by providing at least 20 percent of the total cost of the grant program; and ``(3) use funds received under this section only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the purposes of this section, and not to supplant such funds. ``(g) County Veteran Service Officer.--For purposes of this section, a county veteran service officer is an employee of a county (regardless of job title) whose duties include providing to veterans residing in the county advice and casework services related to benefits provided under laws administered by the Secretary. ``(h) Grant Frequency.--Grants under this section shall be made on an annual basis.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 531 the following new item: ``532. Grants to assist certain rural counties in employing county veteran service officers; professional qualifications.''.
Rural Veterans Services Outreach and Training Act - Directs the Secretary of Veterans Affairs to carry out a program to make competitive grants to provide financial assistance to state departments of veterans affairs for the training of rural county veteran service officers in order to improve outreach and assistance to veterans, as well as their spouses, children, and parents, who may be eligible to receive veterans' or veterans-related benefits and who are residing in rural counties. Limits each grant to $1 million. Requires grants to be made on an annual basis.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Human Rights Council Accountability Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights. (2) The United Nations Human Rights Council suffers from fundamental and severe structural flaws since it draws its members from the United Nations General Assembly without any substantive membership criteria, with the perverse result that a number of the world's worst human rights abusers are members of the council. (3) For example, more than half of the members of the United Nations Human Rights Council are rated ``Not Free'' or only ``Partly Free'' by Freedom House in its 2014 Freedom in the World report. Only a minority of members were rated ``Free''. (4) Current membership on the United Nations Human Rights Council includes some of the world's worst violators, including China, Congo, Cuba, Kazakhstan, Pakistan, Russia, Saudi Arabia, Venezuela, Vietnam, and others. (5) The United Nations Human Rights Council's agenda contains a permanent item for criticism of the democratic, Jewish State of Israel, but no permanent items criticizing any other state or non-state actor. (6) Since 2006, the United Nations Human Rights Council has a largely disproportionate number of resolutions focused on criticizing Israel. (7) Since 2006, the United Nations Human Rights Council has held 22 special sessions to address dire and critical humanitarian crises throughout the world, with 7 focused on criticizing Israel, more than any other two nations combined, despite the fact that the United Nations currently has declared four of the world's humanitarian crises (Syria, Iraq, South Sudan and the Central African Republic) a ``Level 3'', its highest designation. (8) On July 23, 2014, the United Nations Human Rights Council adopted a resolution to investigate purported violations of international humanitarian and human rights laws in Gaza and the West Bank. The resolution contained over 1,700 words criticizing Israel for supposed human rights violations in Gaza, yet does not mention Hamas, the designated foreign terrorist organization responsible for using Palestinian children, women, and men as human shields and launching thousands of rockets indiscriminately into Israeli civilian populations, even once. (9) The July 23, 2014, resolution passed with 29 votes in favor, 17 abstentions and the United States as the lone dissenting vote. (10) On August 11, 2014, the United Nations named Professor William Schabas to lead a panel of inquiry in accordance to the July 23, 2014, resolution. (11) Schabas has made public statements in the past that should have precluded him from heading the panel as an unbiased participant, and should recuse himself. Among his incendiary and biased remarks, Schabas has stated ``Actually, my favourite would be Netanyahu within the dock of the International Criminal Court,'' in 2012, indicating a clear conflict of interests and lack of impartiality. (12) In 2006, the George W. Bush Administration voted against the resolution that created the United Nations Human Rights Council in the United Nations General Assembly over concerns about the Council's reforms and its ability to advocate for human rights and decided to not seek a seat on the Council. (13) In June 2008, citing its skepticism regarding the function of the United Nations Human Rights Council in terms of fulfilling its mandate and its imbalanced approach and Israel bashing agenda, the Bush Administration announced it would limit its engagement with the Council. (14) In 2008, the Bush Administration announced it would withhold United States funding to the United Nations regular budget equivalent to the United States share of the United Nations Human Rights Council budget. (15) In March 2009, reversing the previous Administration's policy, the Obama Administration announced that the United States would run for a seat on the United Nations Human Rights Council, and won a seat in May 2009. (16) United States membership in the United Nations Human Rights Council has not led to reform of its fundamental flaws nor diminished the Council's virulently anti-Israel behavior. The Council has passed over two dozen resolutions criticizing Israel since the United States joined in 2009, and the world's worst violators continue to get a pass. SEC. 3. LIMITATIONS RELATING TO UNITED NATIONS HUMAN RIGHTS COUNCIL MEMBERSHIP AND FUNDING. (a) In General.--For each and every fiscal year that begins after the date of the enactment of this Act, until the Secretary of State submits to Congress a certification for such fiscal year that the requirements described in subsection (b) have been satisfied-- (1) the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council; (2) the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification.--The certification referred to in subsection (a) is a certification of the Secretary of State to Congress that-- (1) the United Nations Human Rights Council's mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for membership on the Council of a United Nations Member State that-- (A) is subject to sanctions by the United Nations Security Council; and (B) is under a United Nations Security Council- mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State that-- (A) is subject to sanctions by the United Nations Security Council; (B) is under a United Nations Security Council- mandated investigation for human rights abuses; (C) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (D) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998; and (3) the United Nations Human Rights Council's agenda or program of work does not include a permanent item with regard to the State of Israel. (c) Special Procedures.--For each and every fiscal year that begins after the date of the enactment of this Act, the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations ``Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967'', and any other United Nations Human Rights Council ``Special Procedures'' used to display bias against the United States or the State of Israel or to provide support for any United Nations Member State that-- (1) is subject to sanctions by the United Nations Security Council; (2) is under a United Nations Security Council-mandated investigation for human rights abuses; (3) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (4) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998. (d) Reversion of Funds.--Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity.
United Nations Human Rights Council Accountability Act - Provides that until the Secretary of State makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular budget of the United Nations (U.N.) an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Directs the Secretary to withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for: (1) the U.N. Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967; and (2) any other U.N. Special Procedures used to display bias against the United States or Israel or to provide support for any member state which is subject to U.N. Security Council sanctions, under a Security Council-mandated human rights investigation, has repeatedly supported acts of international terrorism, or is a country of particular concern for religious freedom.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone National Park 125th Anniversary Commemorative Coin Act''. SEC. 2. YELLOWSTONE NATIONAL PARK COMMEMORATIVE COIN. The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue coins in accordance with this Act to commemorate the 125th anniversary of Yellowstone National Park. SEC. 3. SPECIFICATIONS. (a) Denominations.-- (1) 5 dollar gold coins.--The Secretary shall mint and issue not more than 500,000 5 dollar coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) 1 dollar silver coins.--The Secretary shall mint and issue not more than 2,500,000 1 dollar coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) \1/2\ dollar clad coins.--The Secretary shall issue not more than 2,500,000 \1/2\ dollar coins, each of which shall be minted to the specifications for \1/2\ dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of Yellowstone National Park. On each coin, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``1997''; and (3) inscriptions of the words-- (A) ``Liberty''; (B) ``In God We Trust''; (C) ``United States of America''; and (D) ``E Pluribus Unum''. (b) Selection of Design.--The design of the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the United States Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee in accordance with section 5134 of title 31, United States Code. SEC. 6. ISSUANCE OF COINS. (a) Period of Issuance.--The coins minted under this Act shall be issued only during the year 1997. (b) Quality of Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. (c) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of coins minted under this Act. SEC. 7. SALE OF COINS. (a) Sale Price.--The Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing, minting, and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) and the surcharge provided for in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower costs of the sales. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to their issuance. Sales under this subsection shall be at a reasonable discount. (d) Surcharges.-- (1) 5 dollar coins.--All sales of 5 dollar coins minted under this Act shall include a surcharge of $35 per coin. (2) 1 dollar coins.--All sales of 1 dollar coins minted under this Act shall include a surcharge of $7 per coin. (3) \1/2\ dollar coins.--All sales of \1/2\ dollar coins minted under this Act shall include a surcharge of $1 per coin. SEC. 8. USE OF SURCHARGES. Surcharges received from the sale of coins minted under this Act shall be distributed by the Secretary as follows: (1) Yellowstone national park.--25 percent of the surcharges shall be paid to the Secretary of the Interior to be used for Yellowstone National Park, which amounts shall be in addition to any other amounts appropriated or otherwise made available for Yellowstone National Park. (2) National park service.--25 percent of the surcharges shall be paid to the Secretary of the Interior for use by the National Park Service. (3) Reduction of national debt.--50 percent of the surcharges shall be transferred to the general fund of the Treasury for the sole purpose of reducing the national debt. SEC. 9. FINANCIAL ASSURANCES. The Secretary shall take actions necessary to ensure that the minting and issuance of coins under this Act will not result in any net cost to the Federal Government. SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services relating to the minting and selling of the coins authorized by this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund.
Yellowstone National Park 125th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the 125th anniversary of Yellowstone National Park; and (2) distribute 25 percent of the surcharges received from coin sales to the Secretary of the Interior for the Park, 25 percent to the Secretary for the National Park Service, and 50 percent to the Treasury for the sole purpose of reducing the national debt.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid for Trade Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the end of the Cold War affords the United States the opportunity to reevaluate its foreign assistance priorities; (2) the United States must leverage its foreign assistance program, in a humane and balanced way, to enhance American economic competitiveness and to build long-term commercial relationships with recipient countries; (3) notwithstanding an agreement by member nations of the Organization for Economic Cooperation and Development (OECD) to restrict the practice of tied aid, America's economic competitors are skillfully using their foreign assistance programs to expand markets for their goods; (4) at the same time, only 35 cents of the foreign aid dollar were spent on American goods in 1989, while in 1991, 70 percent of United States Economic Support Fund assistance was provided as cash; and (5) the Agency for International Development has not responded adequately to the need to use foreign assistance to develop long-term commercial relationships. SEC. 3. TRADE AND DEVELOPMENT AGENCY. (a) Authority To Finance Capital Projects.--Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting ``, including capital projects'' after ``development projects in developing and middle-income countries''. (b) Funding.--Section 661(f) of such Act (22 U.S.C. 2421(f)) is amended by adding at the end the following new paragraph: ``(3) Of the amounts authorized to be appropriated by part I of this Act other than chapter 1 (relating to development assistance), by chapter 4 of part II of this Act, or by section 201(b) of the Support for East European Democracy (SEED) Act of 1989, there is authorized to be available $435,000,000 for fiscal year 1994 to carry out this section.''. (c) Definition.--Section 661 of such Act is amended by adding at the end the following new subsection: ``(g) Definition.--The term `capital project' means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services.''. SEC. 4. LIMITS ON CASH TRANSFERS. (a) Limitation.--For each of the following fiscal years, cash transfers shall not represent more than the corresponding percentage of Economic Support Funds: (1) For fiscal year 1994, 50 percent. (2) For fiscal year 1995, 45 percent. (3) For fiscal year 1996, 40 percent. (4) For fiscal year 1997, 35 percent. (5) For fiscal year 1998, 30 percent. (b) Definitions.--For purposes of this section-- (1) the term ``cash transfers'' means Economic Support Fund assistance provided as cash payments which are not used for the purchase of United States goods and services or the repayment of debt owed to the United States Treasury; and (2) the term ``Economic Support Funds'' means assistance under chapter 4 of part II of the Foreign Assistance Act of 1961. SEC. 5. PROCUREMENT REQUIREMENTS. (a) Procurement.--Section 604 of the Foreign Assistance Act of 1961 is amended to read as follows: ``SEC. 604. PROCUREMENT. ``(a) Statement of Policy.--It shall be the policy of the United States-- ``(1) to give preference to the procurement of commodities and services from the United States in foreign assistance programs using funds authorized to be appropriated by this Act; and ``(2) to the extent that United States suppliers, contractors and goods are eligible for procurements financed by such donor or lender countries, to permit suppliers, contractors and goods of other donor or lender countries to compete for United States Government-financed procurements. ``(b) Limitations on Procurement Outside the United States.-- ``(1) In general.--Funds made available for assistance under this Act may be used by the President for procurement only in the United States, the recipient country, or developing countries, except as provided otherwise in this subsection. For purposes of this section, the term `developing countries' shall not include advanced developing countries. ``(2) Other procurement.--The provisions of paragraph (1) shall be applicable except where it is determined that-- ``(A) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country described in paragraph (1); or ``(B) procurement in such other country is essential-- ``(i) to meet emergency situations; or ``(ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives, where such other country permits United States firms to compete for the procurement of similar commodities and services under its foreign assistance programs. ``(C) Delegation of authority.--With respect to determinations made by the agency primarily responsible for administering Part I (the `agency'), the authority to make determinations under subparagraph (B) shall-- ``(i) in the case of paragraph (2)(B)(i), not be delegated below the level of Mission Director, country representative or, with respect to determinations made in Washington, the responsible Assistant Administrator, as appropriate; and ``(ii) in the case of paragraph (2)(B)(ii) with respect to procurement transactions exceeding $100,000, not be delegated below the level of Assistant Administrator and, where such procurement is at or below that amount, below the level of Mission Director or country representative. ``(3) Procurement of motor vehicles.-- ``(A) In general.--None of the funds (including commodity import program assistance) made available to carry out this Act shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States. ``(B) Exception.--Subparagraph (A) shall not apply where a determination is made that-- ``(i) motor vehicles cannot be manufactured in the United States to meet demands when time is of the essence; ``(ii) there is a projected lack of adequate spare parts and service facilities for United States manufactured vehicles, based on information provided by the Buy-America Advocate; or ``(iii) there are no United States manufacturers for export of the particular type of vehicle needed. ``(C) Determination.--With respect to determinations made by the agency under subparagraph (B), such determinations shall be in writing and, in the case of a determination to procure in excess of 10 vehicles per project or in excess of 5 vehicles for use by a field mission, shall be made at a level not lower than the Assistant Administrator of such agency. ``(4) Price limitation.--No funds made available under this Act may be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment. ``(5) Agriculture commodities.-- ``(A) In general.--In providing for the procurement of any agricultural commodity or product available for disposition under the Agricultural Trade Development and Assistance Act of 1954 for transfer by grant under this Act to any recipient country in accordance with its requirements, the President shall, insofar as practicable and when in furtherance of the purposes of this Act, authorize the procurement of such agricultural commodity only within the United States except to the extent that such agricultural commodity is not available in the United States in sufficient quantities to supply emergency requirements of recipients under this Act. ``(B) Limitation.--No funds made available under this Act may be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity, unless the commodity to be financed could not reasonably be produced in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed. ``(6) Construction and engineering services.--Funds made available under this Act may be made available for the procurement of construction or engineering services from advanced developing countries eligible under the Geographic Code 941 which have attained a competitive capability in international markets for construction services only if such country-- ``(A) is receiving direct economic assistance under chapter 1 of part I or chapter 4 of part II of this Act, and ``(B) has its own foreign assistance programs which finance the procurement of construction or engineering services and permits United States firms to compete for those services. ``(7) Marine insurance.--In providing assistance in the procurement of commodities in the United States, United States dollars shall be made available for marine insurance on such commodities where such insurance is placed on a competitive basis in accordance with normal trade practice prevailing prior to the outbreak of World War II. In the event a participating country, by statute, decree, rule, or regulation, discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities which are purchased with funds provided under this Act and which are destined for such country shall be insured in the United States against marine risk with a company or companies authorized to do a marine insurance business in any State of the United States. ``(c) Non-Project Assistance.-- ``(1) Commodity import programs.--None of the funds made available to carry out chapters 1 and 10 of part I and chapter 4 of part II of this Act may be used under any commodity import program to make any payment to a supplier unless the supplier has certified to the agency such information as such agency shall by regulation prescribe, including but not limited to, a description of the commodity supplied by the supplier, its condition, and its source and origin, and on the basis of such information such agency shall have approved such commodity as eligible and suitable for financing under this Act. ``(2) Certain cash transfer programs.-- ``(A) Restrictions on use of funds.--Funds made available under cash transfers or similar programs pursuant to chapters 1 and 10 of part I and chapter 4 of part II of this Act shall not be used to finance directly or indirectly, commodity import transactions unless such transactions meet agency requirements for United States source, origin, and nationality. ``(B) Exception.--Subparagraph (A) shall not apply where the proposed use of such funds to directly or indirectly finance transactions from countries other than the United States is approved by the responsible Assistant Administrator or higher-level official of the agency. ``(d) Annual Report.--The Administrator of the agency shall submit an annual procurement report to Congress which-- ``(1) details procurement by the agency of United States commodities and services during the preceding reporting period; ``(2) compares Buy-America procurement for the same period of the preceding year; ``(3) contains data for all agency activities that reflect the percentages of commodities and services financed by the agency that are of United States source or origin; ``(4) analyzes mission or bureau programs to identify shortfalls in performance in meeting Buy-America requirements contained in law and regulations; and ``(5) identifies remedial action to overcome such shortfalls.''. (b) Buy-America Advocate.--Part III of the Foreign Assistance Act of 1961 is amended by inserting after section 604 (as amended by this section) the following new section: ``SEC. 604A. BUY-AMERICA ADVOCATE. ``(a) Designation of Functions.--The Administrator of the agency primarily responsible for administering part I shall designate within the agency a Buy-America Advocate for the purpose of fostering the participation of United States business in the development process. The Buy-America Advocate shall be a senior career employee of the agency and shall have experience in commodity import transactions and private enterprise activities. The Advocate shall report directly to the Administrator with respect to the responsibilities described in subsection (b). ``(b) Responsibilities of the Buy-America Advocate.--The Buy- America Advocate shall have such responsibilities and duties as the Administrator shall determine including, in conjunction with other agency offices as appropriate-- ``(1) to have access to and the authority to review all documentation involving procurement activities of the agency; ``(2) to have full access to technical services and information involving procurement activities, particularly the procurement of commodities and the entering into of contracts, including all information provided under the Buy America Reporting System (BARS) or any successor system to BARS; ``(3) to review all programs involving cash transfers to determine whether a commodity import program would accomplish the same policy objectives as the cash transfer; any disagreement with a determination by the Buy-America Advocate that the same policy objectives can be accomplished by a commodity import program shall, as appropriate, be resolved by the Administrator; ``(4) to receive and review all waiver actions approved at the level of Assistant Administrator and, based on that review, to recommend to the Administrator, as appropriate, any actions which may be necessary to ensure that Buy America procurement opportunities are maximized; ``(5) to develop and support general outreach activities with the United States business community, including procedures whereby interested United States contractors and suppliers can be apprised of, and encouraged to participate in, prospective procurement actions under this Act; ``(6) to coordinate its efforts with agency officials who perform duties in the area of trade and investment promotion and information; and ``(7) to assist in the preparation of the report required in section 604(d). ``(c) Support.--The Administrator shall ensure that the Buy-America Advocate is assisted by qualified staff and receives such other support, including access to all procurement documentation of the Agency, as may be necessary to carry out the responsibilities specified in this section.''. (c) Repeals.--Sections 496(n)(4) and 636(i) of the Foreign Assistance Act of 1961 are repealed. SEC. 6. OECD AGREEMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall submit a report to Congress on the agreement of the Organization for Economic Cooperation and Development (OECD) to restrict tied aid practices. (b) Content of Report.--The report required by subsection (a) shall include-- (1) the intentions and history of the agreement; (2) a review of efforts by other signatory nations to circumvent the OECD agreement; (3) an assessment of whether the OECD agreement is enforceable; (4) an estimate of the value of ongoing tied aid projects; and (5) a recommendation on whether the United States should reopen negotiations. S 722 IS----2
Aid for Trade Act of 1993 - Amends the Foreign Assistance Act of 1961 to earmark foreign assistance funds for Trade and Development Agency projects in developing and middle-income countries. Limits the percentage of Economic Support Fund assistance to be used for cash transfers in FY 1994 through 1998. Declares that it is U.S. policy to give preference to the procurement of U.S. commodities and services in foreign assistance programs. Expands, and revises the authority to make, exceptions to a prohibition on the use of foreign assistance funds to procure motor vehicles that are not manufactured in the United States. (Currently, the President is authorized to waive the prohibition in special circumstances.) Bars the use of foreign assistance funds made available under cash transfers to finance commodity import transactions unless such transactions meet agency requirements for U.S. source, origin, and nationality (or unless such use is officially approved). Designates a Buy-America Advocate within the agency primarily responsible for administering development assistance under the Foreign Assistance Act of 1961. Directs the Secretary of the Treasury to report to the Congress on the agreement of the Organization of Economic Cooperation and Development to restrict tied aid practices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renters Relief Act of 2001''. SEC. 2. REFUNDABLE CREDIT FOR RENT IN EXCESS OF 30 PERCENT OF INCOME. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR RENT IN EXCESS OF 30 PERCENT OF INCOME. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the excess rent amount paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowable under subsection (a) for a taxable year shall be not exceed $2,500. ``(2) Phaseout.-- ``(A) In general.--For purposes of this section, the $2,500 amount referred to in paragraph (1) shall be reduced (but not below zero) by an amount equal to $25 multiplied by the number of percentage points (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds 80 percent of the area median income applicable to such taxpayer based on family size. ``(3) Special rule for taxpayers subject to more than one area median income in a taxable year.--For purposes of paragraph (2), in the case of a taxpayer who is subject to more than 1 area median income in the taxable year by reason of changes in family size or location of personal residence, the area median income applicable to such taxpayer-- ``(A)(i) shall be determined as of the first day of each month on the basis of such family size and location, and ``(ii) shall be \1/12\ of the area median income so applicable, and ``(B) shall be the aggregate of the amounts determined under subparagraph (A) for each month of the taxable year. ``(4) Area median income.--For purposes of this subsection, the term `area median income' means area median income as determined by the Secretary of Housing and Urban Development for purposes of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). ``(c) Excess Rent Amount.--For purposes of this section-- ``(1) In general.--The term `excess rent amount' means the excess (if any) of-- ``(A) the amount paid by the taxpayer for rent of a principal residence, over ``(B) 30 percent of the modified adjusted gross income of the taxpayer. ``(2) Modified adjusted gross income.-- ``(A) In general.--The term `modified adjusted gross income' means adjusted gross income-- ``(i) determined-- ``(I) without regard to sections 86, 219, 221, 911, 931, and 933, ``(II) without regard to the amounts described in subparagraph (B), and ``(ii) increased by the amounts described in subparagraph (C). ``(B) Certain amounts disregarded.--An amount is described in this subparagraph if it is-- ``(i) an alimony or separate maintenance payment (as defined in section 71(b)), ``(ii) the amount of losses from sales or exchanges of capital assets in excess of gains from such sales or exchanges to the extent such amount does not exceed the amount under section 1211(b)(1), ``(iii) the net loss from estates and trusts, ``(iv) the excess (if any) of amounts described in section 32(i)(2)(C)(ii) over the amounts described in section 32(i)(2)(C)(i) (relating to nonbusiness rents and royalties), or ``(v) 75 percent of the net loss from the carrying on of trades or businesses, computed separately with respect to-- ``(I) trades or businesses (other than farming) conducted as sole proprietorships, ``(II) trades or businesses of farming conducted as sole proprietorships, and ``(III) other trades or businesses. For purposes of clause (v), there shall not be taken into account items which are attributable to a trade or business which consists of the performance of services by the taxpayer as an employee. ``(C) Certain amounts included.--An amount is described in this subparagraph if it is-- ``(i) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, ``(ii) amounts received as a pension or annuity, and any distributions or payments received from an individual retirement plan, by the taxpayer during the taxable year to the extent not included in gross income, ``(iii) amount received under, or paid on behalf of the taxpayer under, any program receiving Federal, State, or local government funds if eligibility for, or the amount or type of, benefits or assistance under the program is based, in whole or in part, on need, or ``(iv) the amount of social security benefits (as defined in section 86(d)) received during the taxable year. Clause (ii) shall not include any amount which is not includible in gross income by reason of a trustee-to- trustee transfer or a rollover distribution. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' shall have same meaning as when used in section 121. ``(2) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, no credit shall be allowed under subsection (a) to such individual for such individual's taxable year. ``(3) Multiple taxpayers renting the same principal residence.--This section shall be applied to separately to the portion of the rent paid by an individual to rent the same principal residence with 2 or more taxpayers. ``(4) Elderly and handicapped dependents.--In the case of a dependent for whom the taxpayer is allowed an exemption under section 151 who-- ``(A) has attained age 65 before the close of the taxable year, or ``(B) retired on disability before the close of the taxable year and who, when he retired, was permanently and totally disabled (within the meaning of section 22(e)(3)), the principal residence taken into account under this section shall be the principal residence of such dependent. ``(e) Denial of Credit if Mortgage Interest Deduction Allowed.--No credit shall be allowed under this section for a taxable year for a taxpayer for whom deduction under section 163(h) is allowable for the taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (2) The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Credit for rent in excess of 30 percent of income. ``Sec. 36. Overpayment of taxes.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Renters Relief Act of 2001 - Amends the Internal Revenue Code to allow a refundable credit (maximum $2,500 per year) for rent in excess of 30 percent of income. Reduces such credit based upon adjusted gross income and area median income (as defined in this Act).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Caller ID Act of 2009''. SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Provision of Inaccurate Caller Identification Information.-- ``(1) In general.--It shall be unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B). ``(2) Protection for blocking caller identification information.--Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information. ``(3) Regulations.-- ``(A) In general.--Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission shall prescribe regulations to implement this subsection. ``(B) Content of regulations.-- ``(i) In general.--The regulations required under subparagraph (A) shall include such exemptions from the prohibition under paragraph (1) as the Commission determines is appropriate. ``(ii) Specific exemption for law enforcement agencies or court orders.--The regulations required under subparagraph (A) shall exempt from the prohibition under paragraph (1) transmissions in connection with-- ``(I) any authorized activity of a law enforcement agency; or ``(II) a court order that specifically authorizes the use of caller identification manipulation. ``(4) Report.--Not later than 6 months after the enactment of the Truth in Caller ID Act of 2009, the Commission shall report to Congress whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice service. ``(5) Penalties.-- ``(A) Civil forfeiture.-- ``(i) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. ``(ii) Recovery.--Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a). ``(iii) Procedure.--No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4). ``(iv) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability. ``(B) Criminal fine.--Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions of section 501 relating to imprisonment or the imposition of a penalty of both fine and imprisonment. ``(6) Enforcement by states.-- ``(A) In general.--The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection. ``(B) Notice.--The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. ``(C) Authority to intervene.--Upon receiving the notice required by subparagraph (B), the Commission shall have the right-- ``(i) to intervene in the action; ``(ii) upon so intervening, to be heard on all matters arising therein; and ``(iii) to file petitions for appeal. ``(D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other State officer from exercising the powers conferred on that officer by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(E) Venue; service or process.-- ``(i) Venue.--An action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. ``(ii) Service of process.--In an action brought under subparagraph (A)-- ``(I) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and ``(II) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. ``(7) Effect on other laws.--This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. ``(8) Definitions.--For purposes of this subsection: ``(A) Caller identification information.--The term `caller identification information' means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. ``(B) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. Such term includes automatic number identification services. ``(C) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given that term by section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time. ``(9) Limitation.--Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Truth in Caller ID Act of 2009 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunications service or Internet protocol (IP)-enabled voice service, to cause any caller identification (ID) service to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted in connection with: (1) authorized activities of law enforcement agencies; or (2) a court order specifically authorizing the use of caller ID manipulation. Prohibits anything in this Act from being construed as preventing or restricting any person from blocking any caller identification service. Requires a related report by the Federal Communications Commission (FCC) to Congress. Provides civil and criminal penalties for violations. Allows enforcement by states (with authorized intervention by the FCC). Declares that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a state's political subdivision, or of a U.S. intelligence agency.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Offshore Energy Security Act''. SEC. 2. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF RESOURCES. (a) Definition of United States Person.--In this section, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. (b) Authorization of Activities and Exports Involving Hydrocarbon Resources by United States Persons.--Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). (c) Travel in Connection With Authorized Hydrocarbon Exploration and Extraction Activities.--Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''. (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf of Mexico.-- (1) In general.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) by striking paragraph (1); (B) in paragraph (2), by striking ``125 miles'' and inserting ``45 miles''; (C) in paragraph (3), by striking ``100 miles'' each place it appears and inserting ``45 miles''; and (D) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Regulations.-- (A) In general.--The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Minimum requirements.--At a minimum, the regulations shall include-- (i) provisions requiring surety bonds of sufficient value to ensure the mitigation of any foreseeable incident; (ii) provisions assigning liability to the leaseholder in the event of an incident causing damage or loss, regardless of the negligence of the leaseholder or lack of negligence; (iii) provisions no less stringent than those contained in the Spill Prevention, Control, and Countermeasure regulations promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (iv) provisions ensuring that-- (I) no facility for the exploration or production of resources is visible to the unassisted eye from any shore of any coastal State; and (II) the impact of offshore production facilities on coastal vistas is otherwise mitigated; (v) provisions to ensure, to the maximum extent practicable, that exploration and production activities will result in no significant adverse effect on fish or wildlife (including habitat), subsistence resources, or the environment; and (vi) provisions that will impose seasonal limitations on activity to protect breeding, spawning, and wildlife migration patterns. (3) Conforming amendment.--Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) is amended by inserting ``and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act'' after ``2006)''. (e) Inventory of Outer Continental Shelf Oil and Natural Gas Resources Off Southeastern Coast of the United States.-- (1) In general.--The Secretary of the Interior (referred to in this subsection as the ``Secretary'') may conduct an inventory of oil and natural gas resources beneath the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the coast of the States of Virginia, North Carolina, South Carolina, or Georgia in accordance with this subsection. (2) Best available technology.--In conducting the inventory, the Secretary shall use the best technology available to obtain accurate resource estimates. (3) Request by governor.--The Secretary may conduct an inventory under this subsection off the coast of a State described in paragraph (1) only if the Governor of the State requests the inventory. (4) Reports.--The Secretary shall submit to Congress and the requesting Governor a report on any inventory conducted under this subsection. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) are carried out in geologically challenging fields.''.
Domestic Offshore Energy Security Act - Authorizes United States persons to: (1) engage in any transaction necessary for exploration and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone contiguous to the Exclusive Economic Zone of the United States; and (2) export without license authority all equipment necessary for such activity. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to grant general license authority for travel-related expenditures to, from, or within Cuba by persons engaging in hydrocarbon exploration and extraction in any part of a foreign maritime Exclusive Economic Zone contiguous to the U.S. Exclusive Economic Zone. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) repeal the oil and gas leasing moratorium governing any area east of the Military Mission Line; and (2) decrease from within 125 to within 45 miles of the Florida coastline the moratorium upon oil and gas leasing in the Eastern and Central Planning Area. Instructs the Secretary of the Interior to promulgate regulations that establish environmental safeguards for exploration and production of oil and natural gas on the outer Continental Shelf. Authorizes the Secretary of the Interior to conduct an oil and natural gas inventory beneath the waters of the outer Continental Shelf off the coasts of Virginia, North Carolina, South Carolina, or Georgia, but only upon request of the affected state governor. Amends the Energy Policy Act of 2005 regarding the program of grants to oil and gas producers to carry out projects to inject carbon dioxide for the purpose of enhancing oil or natural gas recovery while increasing the sequestration of carbon dioxide. Directs the Secretary of Energy to grant priority consideration to applications that, together with meeting other requirements, are carried out in geologically challenging fields.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Genocide and Atrocities Prevention Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board (referred to in this section as the ``Board'') or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should-- (1) meet regularly to monitor developments throughout the world that heighten the risk of atrocities; (2) identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response; (3) facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (4) provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response; (5) conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response; (6) operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices; and (7) ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) regard the prevention of genocide and other atrocities as in its national security interests; (2) mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent-- (A) the mass slaughter of civilians; (B) conditions that prompt internal displacement and the flow of refugees across borders; and (C) other violence that wreaks havoc on regional stability and livelihoods; (3) enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests; and (4) pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities; (C) strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large; (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and (F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by-- (i) placing a high priority on timely, preventive diplomatic efforts; and (ii) exercising a leadership role in promoting international efforts to end crises peacefully. SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.''; and (2) by adding at the end the following new subsection: ``(d) Definition.--In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through-- ``(1) addressing root causes of violence; ``(2) promoting sustainable peace; ``(3) delegitimizing violence as a dispute resolution strategy; ``(4) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and ``(5) reducing vulnerability to triggers that may spark violence.''. SEC. 5. REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes-- (1) a review, in consultation with appropriate interagency representatives, consisting of a detailed description of-- (A) current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities; (B) recommendations to further strengthen United States capabilities described in subparagraph (A); (C) funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities; (D) current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities; (E) consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions; (F) countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups; and (G) instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening regional organizations; (3) implementation status of the recommendations contained in such review; and (4) identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. SEC. 6. DEFINITION. In this Act, the term ``genocide'' means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.
Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Sec. 3) This bill states that it shall be U.S. policy to regard the prevention of genocide and other atrocities as in its national security interests. (Sec. 4) The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. (Sec. 5) The President shall report to Congress regarding U.S. actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Capital Gains Tax Simplification Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 3. REDUCTION AND SIMPLIFICATION OF CAPITAL GAINS TAX. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. CAPITAL GAINS DEDUCTION. ``If for any taxable year a taxpayer other than a corporation has a net capital gain, 40 percent of such gain shall be a deduction from gross income.'' (b) Deduction Allowable Whether or Not Taxpayer Itemizes Other Deductions.-- (1) Subsection (b) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (2) Subsection (d) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (c) Repeal of Tax Preference for Exclusion on Small Business Stock.-- (1) Subsection (a) of section 57 is amended by striking paragraph (7). (2) Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Technical and Conforming Changes.-- (1) Section 1 is amended by striking subsection (h). (2) Subsection (b) of section 55 is amended by striking paragraph (3). (3) Subparagraph (E) of section 163(d)(4) is amended to read as follows: ``(E) Coordination with capital gains deduction.-- The net capital gain taken into account under section 1203 for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under subparagraph (B)(iii) for such year.'' (4) Paragraph (1) of section 170(e) is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``60 percent (100 percent in the case of a corporation) of the amount of gain''. (5) Subparagraph (B) of section 172(d)(2) is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1203 (whichever is appropriate) shall be taken into account.'' (7)(A) Section 641(d)(2)(A) is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (B) Section 641(d)(2)(C) is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.'' (8) Paragraph (4) of section 642(c) is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any exclusion allowable under section 1202 and any deduction allowable under section 1203 to the estate or trust. In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (9) Section 642 is amended by adding at the end the following new subsection: ``(j) Capital Gains Deduction.--The deduction under section 1203 to an estate or trust shall be computed by excluding the portion (if any) of the gains for the taxable year which is includible by the income beneficiaries under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts) as gain derived from the sale or exchange of capital assets.'' (10) The last sentence of section 643(a)(3) is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (11) Subparagraph (C) of section 643(a)(6) is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to capital gains deduction) shall not be taken into account''. (12) Paragraph (4) of section 691(c) is amended by striking ``1(h),'' and by inserting ``1203,'' after ``1202,''. (13) The second sentence of paragraph (2) of section 871(a) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (14)(A) Paragraph (2) of section 904(b) is amended by striking subparagraphs (A) and (C), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following new subparagraph: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Subparagraph (A) of section 904(b)(2), as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) by striking in clause (i) ``in lieu of applying subparagraph (A),''. (C) Paragraph (3) of section 904(b) is amended by striking subparagraphs (D) and (E) and inserting the following new subparagraph: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).'' (15) Paragraph (1) of section 1402(i) is amended by inserting ``, and the deduction provided by section 1203 shall not apply'' before the period at the end thereof. (16) Paragraph (1) of section 1445(e) is amended by striking ``20 percent'' and inserting ``23.7 percent''. (17)(A) The second sentence of section 7518(g)(6)(A) is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent'' and inserting ``23.7 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent'' and inserting ``23.7 percent''. (e) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1203. Capital gains deduction.'' (f) 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, 1998. (2) Withholding.--The amendments made by subsection (d)(16) shall apply only to amounts paid after December 31, 1998. (3) Repeal of election.--Section 311 of the Taxpayer Relief Act of 1997 is amended by striking subsection (e). (4) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1203 of the Internal Revenue Code of 1986 (as added by this section).
Capital Gains Tax Simplification Act of 1998 - Amends the Internal Revenue Code to provide that, if for any taxable year a non-corporate taxpayer has a net capital gain, 40 percent of such gain shall be a deduction from gross income regardless of whether or not the taxpayer itemizes other deductions. Repeals the tax preference for exclusion for gains on the sale of certain small business stock. Amends the Taxpayer Relief Act of 1997, with respect to maximum capital gains rates for individuals, to repeal the allowance of an election to recognize gain on assets held on January 1, 2001.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Zeroing In American Energy Act of 2008''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Establishing a clean energy future requires new innovative technologies. (2) Solar energy offers the United States tremendous domestic energy opportunities. (3) The Southwestern United States is the Saudi Arabia of solar energy. (4) The publication Scientific American, in its January of 2008 issue, theorized a ``Grand Plan for Solar'' that suggests theoretically solar power could provide 69 percent of America's electricity by 2050. (5) Establishing a new solar energy future will require a strong public-private partnership. SEC. 3. DEVELOPING SOLAR ENERGY ON FEDERAL LANDS. (a) In General.--The Secretary of the Interior shall carry out in accordance with this section a program for the leasing of Federal lands for the the advancement, development, assessment, installation, and operation of commercial photovoltaic and concentrating solar power energy systems. (b) Identification of Lands for Leasing.-- (1) Lands selection.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management and in consultation with the Secretary of Energy, shall-- (A) identify lease sites comprising a total of 6,400,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management in the States of Arizona, California, New Mexico, Nevada, and Utah, that are suitable and feasible for the installation and operation of photovoltaic and concentrating solar power energy systems, subject to valid existing rights; and (B) incorporate solar energy development into the relevant agency land use and resource management plans or equivalent plans for the lands identified under subparagraph (A). (2) Minimum and maximum acreage of sites.--Each individual lease site identified under paragraph (1)(A) shall be a minimum of 1280 acres and shall not exceed 12,800 acres. (3) Lands released for leasing.--The Secretary shall release for leasing under this section lease sites identified under paragraph (1), in acreages that meet the following annual milestones: (A) By 2010, 79,012 acres. (B) By 2011, 316,049 acres. (C) By 2012, 711,111 acres. (D) By 2013, 1,300,000 acres. (E) By 2014, 2,000,000 acres. (F) By 2015, 2,800,000 acres. (G) By 2016, 3,700,000 acres. (H) By 2017, 4,650,000 acres. (I) By 2018, 5,800,000 acres. (J) By 2019, 6,400,000 acres. (4) Lands not included.--The following Federal lands shall not be included within a solar lands leasing program: (A) Components of the National Landscape Conservation System. (B) Wilderness and Wilderness Study Areas. (C) Wild and Scenic Rivers. (D) National Scenic and Historic Trails. (E) Monuments. (F) Resource Natural Areas. (c) Competitive Lease Sale Requirements Leasing Procedures.-- (1) Nominations.--The Secretary shall accept at any time nominations of land identified under subsection (b) for leasing under this Act, from any qualified person. (2) Competitive lease sale required.-- (A) In general.--Except as otherwise specifically provided by this Act, all land to be leased under this Act that is not subject to leasing under subsection (3) shall be leased to the highest responsible qualified bidder, as determined by the Secretary. (B) Annual sales required.--The Secretary shall hold a competitive lease sale under this Act at least once every year for land in a State with respect to which there is a nomination pending under paragraph (1) of land otherwise available for leasing. (3) Noncompetitive leasing.--The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held under paragraph (2), but for which the Secretary does not receive any bids in such sale. (4) Pending lease applications.--It shall be a priority for the Secretary to ensure timely completion of administrative actions and process applications for leasing of Federal lands described in subsection (b)(1)(A) for installation and operation of photovoltaic and concentrating solar power energy systems, that are pending on the date of enactment of this subsection. (d) Leasing Time Period.--Any lease of lands under this section shall be effective for a period of 30 years, with an option to renew once for an additional period of 30 years. SEC. 4. ROYALTY. (a) Reservation of Royalty.-- (1) In general.--Production of solar energy under a lease under this Act shall be subject to a royalty described in paragraph (2), which shall be assessed and collected by the Secretary of the Interior, acting through the Minerals Management Service. The leaseholder shall be liable for payment of such royalty. (2) Royalty for projects under the federal solar lands leasing program.--The royalty under paragraph (1) shall be-- (A) 0.25 percent per kw/h on energy produced undert the lease in years 1 through 5 of the lease; (B) 0.5 percent per kw/h on energy produced under the lease in years 5 through 15 of the lease; (C) 1 percent per kw/h on energy produced under the lease in years 15 through 30 of the lease; and (D) 1 percent per kw/h on energy produced under the lease after year 30. (3) Revenue sharing.--Of the amount received by the United States as royalty under this subsection for a leased tract-- (A) one-third shall be paid to the State in which the lands are located; and (B) one-third shall be paid to the county in which the lands are located. (b) Duties of Leaseholders.-- (1) Payment of royalty.--A person who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe. (2) Joint and severable liability.--Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) Affirmation of payment responsibility.--Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such responsibility for the periods referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. (4) Recordkeeping.--Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance unless the Secretary notifies the leaseholder that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (5) Audits.--The Secretary may conduct such audits of all leaseholders directly or indirectly involved in the production of solar energy on lands leased under this section as the Secretary considers necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers, and other documents that relate to compliance with any provision of this section by any person. (6) Provision of protected information.--Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. (7) Underreporting.-- (A) Penalty.--If there is any underreporting of royalty owed on energy produced under a lease for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 10 percent of the amount of that underreporting. (B) Waiver or reduction authorized.--The Secretary may waive or reduce a penalty assessed under this paragraph if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (C) Waiver required.--The Secretary shall waive any portion of an assessment under this paragraph attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- (i) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported; (ii) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported; (iii) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or (iv) such person meets any other exception which the Secretary may, by rule, establish. (D) Treatment as federal share.--Subsection (b)(4) shall not apply to penalties received by the United States under this paragraph. (E) Underreporting defined.--For the purposes of this subsection, the term ``underreporting'' means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production that was reported, if the value that should have been reported is greater than the value that was reported. SEC. 5. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) In General.--Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Interior shall complete a programmatic environmental impact statement for the solar leasing program under section 3. (b) Final Regulation.--Not later than 6 months after the completion of the programmatic environmental impact statement under this section, the Secretary shall publish a final regulation implementing this section. SEC. 6. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete a study of-- (1) Federal lands available for possible consideration of leasing for a compressed air energy storage system; (2) barriers to additional access to Federal lands for transimission of energy produced under leases awarded under the solar energy leasing program under this Act; and (3) the need for energy transmission corridors on public lands to address identified congestion or constraints.
Zeroing In American Energy Act of 2008 - Requires the Secretary of the Interior to conduct a program for the leasing of federal lands for the advancement, development, assessment, installation, and operation of commercial photovoltaic and concentrating solar power energy systems. Requires the Secretary, acting through the Director of the Bureau of Land Management (BLM) and in consultation with the Secretary of Energy, to: (1) identify lease sites comprising 6.4 million acres of federal lands under BLM jurisdiction in Arizona, California, New Mexico, Nevada, and Utah that are suitable and feasible for the installation and operation of such energy systems; and (2) incorporate solar energy development into the relevant agency land use and resource management plans or equivalent plans for such identified sites. Sets forth provisions concerning: (1) the size of such sites; (2) annual milestones for the number of acres of sites to be leased by each of the years 2010-2019; and (3) the collection and payment of royalties from projects under such program. Prohibits the following federal lands from being included within such program: (1) Components of the National Landscape Conservation System; (2) Wilderness and Wilderness Study Areas; (3) Wild and Scenic Rivers; (4) National Scenic and Historic Trails; (5) Monuments; and (6) Resource Natural Areas. Requires the Secretary to complete: (1) a programmatic environmental impact statement for such program prior to implementing it; and (2) a study of federal lands available for a compressed air energy storage system, barriers to access to federal lands for transmission of energy produced under the program, and the need for energy transmission corridors on public lands.
{"src": "billsum_train", "title": "To establish a new solar energy future for America through public-private partnership and energy leasing for reliable and affordable energy for the American people, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 2003''. SEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX ON CORPORATIONS. (a) In General.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``No tax shall be imposed by this section on any corporation for any taxable year beginning after December 31, 2002, and the tentative minimum tax of any corporation for any such taxable year shall be zero for purposes of this title.'' (b) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code is amended to read as follows: ``(c) Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over ``(B) the tentative minimum tax for the taxable year. ``(2) Corporations.--In the case of corporation for any taxable year beginning after December 31, 2002, the limitation under paragraph (1) shall be determined-- ``(A) without regard to the last sentence of section 55(a), and ``(B) by taking into account only the applicable percentage of the tentative minimum tax determined in accordance with the following table. ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003........................................... 80 2004........................................... 60 2005........................................... 40 2006........................................... 20 2007 or thereafter............................. 0.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2012, shall be zero.''. (b) Reduction of Tax on Individuals Prior to Repeal.-- (1) Immediate increase in exemption amounts.--Paragraph (1) of section 55(d) of such Code is amended-- (A) by striking ``$45,000 ($49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$52,000'', (B) by striking ``$33,750 ($37,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$38,000'', and (C) by striking ``$22,500'' and inserting ``\1/2\ the amount applicable under subparagraph (A)''. (2) Additional increases in exemption amounts; repeal of phase-out of exemption amounts.--Paragraph (3) of section 55(d) of such Code is amended to read as follows: ``(3) Increases in exemption amounts for taxpayers other than corporations.-- ``(A) In general.--The exemption amounts under paragraph (1) for taxable years beginning in any calendar year after 2003 shall be determined by increasing the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) by the applicable percentage for such calendar year of such dollar amounts. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For calendar year-- The applicable percentage is-- 2004................................... 10 2005................................... 20 2006................................... 30 2007................................... 40 2008................................... 50 2009................................... 60 2010................................... 70 2011................................... 80 2012................................... 90. ``(C) Rounding.--If any amount, as increased under subparagraph (A) is not a multiple of $5, such amount shall be increased to the nearest multiple of $5.'' (c) Nonrefundable Personal Credits Fully Allowed Against Regular Tax Liability.-- (1) In general.--Subsection (a) of section 26 of such Code (relating to limitation based on amount of tax) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendment.--Section 904 of such Code is amended by striking subsection (h). (d) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code, as amended by section 1, is amended by adding at the end the following new paragraph: ``(3) Individuals for taxable years beginning after 2012.-- In the case of any taxable year beginning after 2012, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the excess (if any) of-- ``(A) regular tax liability of the taxpayer for such taxable year, over ``(B) the sum of the credits allowable under subparts A, B, D, E, and F of this part.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.
Alternative Minimum Tax Repeal Act of 2003 - Amends the Internal Revenue Code to prohibit the imposition of the alternative minimum tax on: (1) corporations beginning January 1, 2003; and (2) individuals beginning January 1, 2013.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the alternative minimum tax on corporations and individuals."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``E. Coli Eradication Act of 2009''. SEC. 2. E. COLI ERADICATION IN GROUND BEEF. Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 26. E. COLI ERADICATION IN GROUND BEEF. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for the presence of E. coli O157:H7 (referred to in this section as `E. coli') at the following points: ``(1) One test at the slaughterhouse or processing establishment at which source trim was produced and 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources. ``(2) If the source trim and grinding occurs at the same facility, 1 test of the source trim and 1 test of the final ground product. ``(b) Application.--This section applies-- ``(1) effective beginning on the date that is 180 days after the date of enactment of this section, to-- ``(A) all slaughterhouses or processing establishments that produce more than 25,000 pounds of trim per day; or ``(B) grinding facilities that grind more than 25,000 pounds of trim or bench trim per day; and ``(2) effective beginning on the date that is 3 years after the date of enactment of this section, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim. ``(c) Administration.--To carry out this section, the Secretary shall-- ``(1) approve definitions of lot sizes established by establishments, except that an establishment-- ``(A) shall demonstrate to the Secretary scientific justification for the definition of the lot; and ``(B) shall not define a lot as more than 2,000 pounds; ``(2) establish testing standards; ``(3) assist processors in establishing appropriate sampling plans for establishments; and ``(4) in the case of a positive sample that indicates the presence of E. coli in a lot of an establishment-- ``(A) verify that meat or meat food products contaminated with the E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate the E. coli (in accordance with guidelines of the Secretary) before entry into commerce; and ``(B) promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and take measures to prevent reoccurrence. ``(d) Testing.-- ``(1) In general.--A slaughterhouse or processing establishment producing or a grinding facility receiving trimmings shall test each lot using sampling standards and procedures determined by the Secretary. ``(2) Testing facilities.-- ``(A) In general.--An establishment shall use an independent testing facility that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings. ``(B) Administration.--In using an independent testing facility under subparagraph (A), the establishment-- ``(i) shall contract with the facility on an annual basis; and ``(ii) shall not terminate the contract on the basis of positive test results reported by the facility. ``(3) Proficiency testing service.--A laboratory that tests beef for E. coli shall contract with a testing service to verify the proficiency of the laboratory. ``(4) Transmission of testing results.-- ``(A) In general.--Test results of any testing conducted under this subsection shall be sent to the applicable slaughterhouse, processing establishment, or grinding facility as soon as results are ready. ``(B) Transmission to secretary.--The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility. ``(5) Habitual violators.--A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator. ``(6) Compliance.--The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection. ``(e) Imported Ground Beef.-- ``(1) In general.--Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section. ``(2) Verification.-- ``(A) In general.--To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph (1) to a domestic slaughterhouse, processing establishment, or grinding facility. ``(B) Secondary testing.--The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.''.
E. Coli Eradication Act of 2009 - Amends the the Federal Meat Inspection Act to require that slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of E. coli O157:H7 in ground beef. Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef.
{"src": "billsum_train", "title": "A bill to amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli O157:H7 in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes."}
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SECTION 1. ELIGIBILITY FOR LOANS. (a) In General.--Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding at the end the following: ``SEC. 19. ELIGIBILITY FOR LOANS. ``Notwithstanding any other provision of this Act, a person shall not be eligible for a loan under this Act to finance an activity for a period of time unless the person is unable to obtain sufficient credit elsewhere to finance the activity at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms for loans for similar activities and periods of time.''. (b) Conforming Amendments.--Section 307 of such Act (7 U.S.C. 937) is hereby repealed. SEC. 2. REDUCTION OF LOAN SUBSIDIES. (a) In General.--Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding after the section added by section 1(a) of this Act the following: ``SEC. 20. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT. ``The rate of interest on any loan made on or after the date of the enactment of this section, and on any advance made on or after such date under loan commitments made at any time, under this Act, shall equal such rate (exceeding the coupon equivalent yield on obligations of the Treasury of the United States of comparable maturity, at the most recent auction of such obligations by the Department of the Treasury) as the Administrator determines is appropriate, taking into account the purpose for which the loan is to be made, the creditworthiness of the borrower, and the term of the loan.''. (b) Conforming Amendments.-- (1) Section 4 of such Act (7 U.S.C. 904) is amended by striking ``, and shall bear interest at the rate of 2 per centum per annum''. (2) Section 5 of such Act (7 U.S.C. 905) is amended by striking ``, and shall be at a rate of interest of 2 per centum per annum''. (3) Section 305 of such Act (7 U.S.C. 935) is amended by striking subsection (b), and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (4) Section 408(b) of such Act (7 U.S.C. 948(b)) is amended by striking paragraph (3), and by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. SEC. 3. TERMINATION OF AUTHORITIES RELATED TO TELEPHONE LOANS, AND AUTHORITIES RELATED TO GRANTS. (a) Amendments to Section 2.--Section 2 of such Act (7 U.S.C. 902) is amended-- (1) by striking ``and for the purpose of furnishing and improving telephone service in rural areas''; and (2) by striking ``and the furnishing of adequate telephone service in rural areas''. (b) Amendment to Section 3.--Section 3(a) of such Act (7 U.S.C. 903(a)) is amended by striking ``and for the purpose of financing the improvement, expansion, construction, acquisition, and operation of facilities to render telephone service''. (c) Amendments to Section 11A.--Section 11A of such Act (7 U.S.C. 911a) is amended-- (1) in subsection (a), by striking ``and telephone''; (2) in subsection (c)(1), by striking ``or telephone''; and (3) in subsection (c)(2), by striking ``and the Assistant Administrator for Telephone''. (d) Amendment to Section 18.--Section 18 of such Act (7 U.S.C. 918) is amended by striking ``and the Governor of the telephone bank''. (e) Repeal of Title II.--Title II of such Act (7 U.S.C. 922-928) is hereby repealed. (f) Amendments to Section 301.--Section 301 of such Act (7 U.S.C. 931) is amended-- (1) in the section heading, by striking ``and Telephone''; and (2) in subsection (a), in the matter preceding paragraph (1), by striking ``and Telephone''. (g) Amendments to Section 302.--Section 302 of such Act (7 U.S.C. 932) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``4, 5, and 201'' and inserting ``4 and 5''; and (B) in paragraph (2), by striking ``and telephone''; and (2) by striking subsection (c). (h) Amendment to Section 305.--Section 305 of such Act (7 U.S.C. 935) is amended by striking subsection (d). (i) Amendments to Section 306.--Section 306 of such Act (7 U.S.C. 936) is amended-- (1) by striking ``Rural Telephone Bank,''; and (2) by striking the 2nd sentence. (j) Amendments to Section 309.--Section 309 of such Act (7 U.S.C. 939) is amended-- (1) by striking ``(a) In General.--''; and (2) by striking subsection (b). (k) Amendments to Section 313.--Section 313 of such Act (7 U.S.C. 940c) is amended, in each of subsections (a)(1), (b)(1)(A), and (b)(2)(A), by striking ``and Telephone''. (l) Amendments to Section 314.--Section 314 of such Act (7 U.S.C. 940d) is amended-- (1) in the section heading, by striking ``AND TELEPHONE''; (2) in each of subsections (a) and (b)(1), by striking ``and Telephone''; (3) in subsection (d)(3), by striking ``, the Rural Telephone Bank,''; and (4) in subsection (e), by striking paragraph (2). (m) Repeal of Title IV.--Title IV of such Act (7 U.S.C. 941-950b) is hereby repealed. (n) Repeal of Title V.--Title V of such Act (7 U.S.C. 951) is hereby repealed. SEC. 4. LOAN PRIORITY. Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding after the sections added by sections 1(a) and 2(a) of this Act the following: ``SEC. 21. LOAN PRIORITY. ``Notwithstanding any other provision of law, in making loans under this Act during any calendar quarter, the Administrator shall make such loans to persons otherwise eligible for such loans who-- ``(1) applied for such loans not later than the end of the immediately preceding calendar quarter; and ``(2) have the greatest need for such loans, as determined by the Administrator.''. SEC. 5. TRANSITION RULES. (a) Disposition of Payments on Telephone Loans Made Before This Act.--The Administrator of the Rural Electrification Administration shall return to the Treasury of the United States such amounts received by the Rural Electrification Revolving Fund, with respect to loans made under the Rural Electrification Act of 1936 the authority for the making of which has been terminated by this Act, as the Administrator deems unnecessary to meet reserve requirements with respect to such loans. (b) Disposition of Assets Related to Telephone Loans.--The Administrator of the Rural Electrification Administration shall determine the disposition of assets held by the Administration with respect to loans referred to in subsection (a). (c) Retirement of Stock of the Rural Telephone Bank.--After the payment or retirement, as the case may be, first, of all liabilities incurred under title IV of the Rural Electrification Act of 1936 (as in effect before the effective date of this Act), second, of all class A stock of the capital stock of the Rural Telephone Bank at par, third, of all class B stock of such bank at par, and fourth, of all class C stock of such bank at par, any remaining surplus or contingency reserve shall be paid to the holders of such class A and such class B stock issued and outstanding before such effective date, pro rata. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the first Federal fiscal year that begins 60 or more days after the date of the enactment of this Act.
Amends the Rural Electrification Act of 1936 to restrict loan eligibility to only those persons unable to reasonably obtain sufficient credit elsewhere. Authorizes the Administrator of the Rural Electrification Administration (REA) to determine appropriate interest rates for REA loans and advances. Terminates: (1) rural telephone service loan authority; and (2) rural economic development authority. Establishes loan priorities.
{"src": "billsum_train", "title": "To amend the Rural Electrification Act of 1936 to return the Rural Electrification Administration to its original mission of providing credit to rural electric cooperatives which are unable to obtain needed financing in the private sector."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005''. SEC. 2. REAUTHORIZATION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000. (a) Extension Through Fiscal Year 2013.--The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is amended-- (1) in sections 101(a), 203(a)(1), 207(a), 208, 303, and 401, by striking ``2006'' each place it appears and inserting ``2013''; (2) in section 208, by striking ``2007'' and inserting ``2014''; and (3) in section 303, by striking ``2007'' and inserting ``2014,''. (b) Authority to Resume Receipt of 25- or 50-percent Payments.-- (1) 25-percent payments.--Section 102(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (A) in paragraph (1), by inserting ``of the Treasury'' after ``Secretary''; and (B) in paragraph (2)-- (i) in the first sentence, by inserting ``, including such an election made during the last quarter of fiscal year 2006 under this paragraph,'' after ``25-percent payment''; and (ii) in the second sentence, by striking ``fiscal year 2006'' and inserting ``fiscal year 2013, except that the Secretary of the Treasury shall give the county the opportunity to elect, in writing during the last quarter of fiscal year 2006, to begin receiving the 25- percent payment effective with the payment for fiscal year 2007''. (2) 50-percent payments.--Section 103(b)(1) of such Act is amended by striking ``fiscal year 2006'' and inserting ``fiscal year 2013, except that the Secretary of the Treasury shall give the county the opportunity to elect, in writing during the last quarter of fiscal year 2006, to begin receiving the 50-percent payment effective with the payment for fiscal year 2007''. (c) Clarification Regarding Source of Payments.-- (1) Payments to eligible states from national forest lands.--Section 102(b)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (A) by striking ``trust fund,'' and inserting ``trust funds, permanent funds,''; (B) by inserting a comma after ``and''; and (C) by adding at the end the following new sentence: ``If the Secretary of the Treasury determines that a shortfall is likely for a fiscal year, all revenues, fees, penalties, and miscellaneous receipts referred to in the preceding sentence, exclusive of required deposits to relevant trust funds, permanent funds, and special accounts, that are received during that fiscal year shall be reserved to make payments under this section for that fiscal year.''. (2) Payments to eligible counties from blm lands.--Section 103(b)(2) of such Act is amended-- (A) by striking ``trust fund,'' and inserting ``trust funds''; (B) by inserting a comma after ``and''; and (C) by adding at the end the following new sentence: ``If the Secretary of the Treasury determines that a shortfall is likely for a fiscal year, all revenues, fees, penalties, and miscellaneous receipts referred to in the preceding sentence, exclusive of required deposits to relevant trust funds and permanent operating funds, that are received during that fiscal year shall be reserved to make payments under this section for that fiscal year.''. (d) Term for Resource Advisory Committee Members; Reappointment.-- Section 205(c)(1) of the Secure Rural Schools and Community Self- Determination Act of 2000 is amended-- (1) in the second sentence, by striking ``The Secretary concerned may reappoint members to'' and inserting ``A member of a resource advisory committee may be reappointed for one or more''; and (2) by adding at the end the following new sentence: ``Section 1803(c) of Food and Agriculture Act of 1977 (7 U.S.C. 2283(c)) shall not apply to a resource advisory committee established by the Secretary of Agriculture.''. (e) Revision of Pilot Program.--Section 204(e)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (1) in subparagraph (A), by striking ``The Secretary'' and all that follows through ``approved projects'' and inserting ``At the request of a resource advisory committee, the Secretary concerned may establish a pilot program to implement one or more of the projects proposed by the resource advisory committee under section 203''; (2) by striking subparagraph (B); (3) in subparagraph (C), by striking ``by the Secretary concerned''; (4) in subparagraph (D)-- (A) by striking ``the pilot program'' in the first sentence and inserting ``pilot programs established under subparagraph (A)''; and (B) by striking ``the pilot program is'' in the second sentence and inserting ``pilot programs are''; and (5) by redesignating subparagraphs (C), (D), and (E), as so amended, as subparagraphs (B), (C), and (D). (f) Notification and Reporting Requirements Regarding County Projects.-- (1) Additional requirements.--Section 302 of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended by adding at the end the following new subsection: ``(c) Notification and Reporting Requirements.-- ``(1) Notification.--Not later than 90 days after the end of each fiscal year during which county funds are obligated for projects under this title, the participating county shall submit to the Secretary concerned written notification specifying-- ``(A) each project for which the participating county obligated county funds during that fiscal year; ``(B) the authorized use specified in subsection (b) that the project satisfies; and ``(C) the amount of county funds obligated or expended under the project during that fiscal year, including expenditures on Federal lands, State lands, and private lands. ``(2) Review.--The Secretary concerned shall review the notifications submitted under paragraph (1) for a fiscal year for the purpose of assessing the success of participating counties in achieving the purposes of this title. ``(3) Annual report.--The Secretary concerned shall prepare an annual report containing the results of the most-recent review conducted under paragraph (2) and a summary of the notifications covered by the review. ``(4) Submission of report.--The report required by paragraph (3) for a fiscal year shall be submitted to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Resources of the House of Representatives not later than 150 days after the end of that fiscal year.''. (2) Definition of secretary concerned.--Section 301 of such Act is amended by adding at the end the following new paragraph: ``(3) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture or the designee of the Secretary of Agriculture, with respect to county funds reserved under section 102(d)(1)(B)(ii) for expenditure in accordance with this title; ``(B) the Secretary of the Interior or the designee of the Secretary of the Interior, with respect to county funds reserved under section 103(c)(1)(B)(ii) for expenditure in accordance with this title.''. (3) References to participating county.--Section 302(b) of such Act is amended-- (A) by striking ``An eligible county'' each place it appears in paragraphs (1), (2), and (3) and inserting ``A participating county''; and (B) by striking ``A county'' each place it appears in paragraphs (4), (5), and (6) and inserting ``A participating county''. (g) Technical Correction.--Section 205(a)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended by striking the comma after ``the Secretary concerned may''.
Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to extend the Act through FY2013. Revises requirements regarding the merchantable material contracting pilot program. Requires counties participating in county projects to submit a specified notification for each project for which the participating county obligated county funds. Provides for the review of such notifications.
{"src": "billsum_train", "title": "A bill to reauthorize the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Five-Star Generals Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Army Command and General Staff College at Fort Leavenworth, Kansas (in this Act referred to as the ``CGSC'') has, in its many evolutionary forms, served this Nation consistently and well for 127 years, since its founding in 1881; (2) the CGSC has played a decisive role in the education and training of officers, particularly in their field grade years of service, in times of war and peace, since its establishment; (3) the CGSC has had a salutatory effect on many fields of battle by providing its officer student bodies the necessary skills of battle management, leadership development, and the most modern and effective command and staff action procedures, all of which have been key to this Nation's success in its many conflicts which, thereby, have preserved its freedoms and way of life; (4) the CGSC does not have a commemorative coin cast in celebrating its long and honorable history, displaying its heritage, and serving as a reminder to the holder of such coins of the service to the Nation its graduates have provided in war and peace; (5) the CGSC is the Nation's largest and oldest military staff college, and continues to educate officers of all branches of the United States Armed Forces, select members of civilian government, and officers from many friendly and allied nations from around the globe; (6) located squarely in the American heartland, the CGSC will continue to serve as a beacon of light to the proposition of intellectual curiosity and professional military excellence in the development of its students, and serve as a link to American citizenry grateful for the sacrifices, some in the fullest measure of duty and devotion to the Nation, made by its graduates; (7) the United States Army Command and General Staff College Foundation, Inc. (in this Act referred to as the ``Foundation'') is dedicated to promoting excellence in the faculty and students of the CGSC, and to seek new ways to educate and remind citizens of the capable and selfless service of United States military officers, and to imbue in them a sense of pride in those who bear the burden of military leadership in the Nation's wars and in times of peace; (8) the Foundation is a nongovernmental, member-based, and publicly supported nonprofit organization that is entirely dependent on funds from members, donations, and grants for its functions and supports exclusively the CGSC; (9) the Foundation uses funding to provide the Margin of Excellence to the programs and activities of the CGSC in support of the educational needs of the general officer corps of the Armed Forces, and the faculty and staff attendant thereto; (10) in 2006, the Secretary of the Army accepted the first Foundation gift in support of the CGSC; (11) the Foundation is actively engaged in the initial stages of its first capital campaign to support the CGSC; (12) the 5 Five-Star Generals who attended or taught at the CGSC at Fort Leavenworth are Douglas MacArthur, George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar N. Bradley; (13) Douglas MacArthur, General of the Army-- (A) was a distinguished soldier, scholar, and strategist who gave 61 years of service to his country; (B) commanded the 42d Division in World War I, and later served as the Chief of the Army General Staff; (C) prior to retirement, was the Military Advisor to the Commonwealth of the Philippines; (D) in 1941, was recalled to active duty as Commanding General, United States Army, Far East; (E) was awarded the Medal of Honor for his heroic defense of the Philippines; (F) after being ordered to depart the Philippines by the President, inspired the world with his statement, ``I shall return''; (G) led forces under his command to defeat those of the Empire of Japan; (H) after accepting the Japanese surrender, directed the highly successful reconstruction of the Japanese nation, and served as the first commander of United Nations Forces during the Korean War; and (I) son of General Arthur MacArthur, spent time as a child at Fort Leavenworth and taught as a Captain in the Field Engineering School, and served as the adjutant, quartermaster, and commanding officer of the 3d Engineer Battalion (later reflagged as the 2d Engineer Battalion); (14) George C. Marshall, General of the Army-- (A) entered the Army from the Virginia Military Institute in 1902; (B) during a long career of public service, distinguished himself as a leader, tactician, strategist, statesman and, truly, as the ``Organizer of Victory''; (C) in World War I, was regarded as 1 of the most talented staff officers in the United States Army; (D) after World War I, and after many long and challenging duties during the interwar years, was appointed United States Army Chief of the General Staff in 1939; (E) during World War II, achieved recognition as one of America's greatest military leaders; (F) as chief strategist of World War II, materially assisted in directing the Allied Powers to victory; (G) in 1947, was appointed Secretary of State; (H) had an outstanding career as a statesman, proving equal to his brilliant military career; (I) was awarded the Nobel Peace Prize for his conception and implementation of the European Recovery Program, and, subsequently, served as the Secretary of Defense for 1 year; and (J) graduated from the United States Army School of the Line in 1907 and the United States Army Staff College in 1908, followed by instructor duty at Fort Leavenworth in 1909 and 1910; (15) Henry H. ``Hap'' Arnold, General of the Army-- (A) is the only officer in the history of the United States to earn the ranks of General of the Army and General of the Air Force; (B) a graduate of the United States Military Academy at West Point in 1907 and received his pilot training in 1911 from the Wright brothers in Dayton, Ohio; (C) became 1 of the Nation's strongest advocates for air power, and personally held numerous records and trophies for flying achievements, including the first delivery of United States mail by air, and many accomplishments in and from the air in the World Wars, particularly in World War II, were heavily influenced by his genius; (D) as a result of his contributions, gave a third dimension to battles of World War II through massed air power, sweeping the skies of the enemy and denying to the enemy mobility on the ground; (E) received a citation which reads in part: ``from conception to execution, General Arnold's leadership guided the mightiest air force in history''; and (F) was at Fort Leavenworth as a student at the CGSC from 1928 through 1929; (16) Dwight D. Eisenhower, General of the Army-- (A) in 1915, began a career of distinguished public service, reaching the highest positions of military and civil leadership in the United States; (B) during World War II, as Commander in Chief, Allied Expeditionary Force, led the invasion of North Africa and the defeat of the German forces on that continent; (C) in 1944, as Supreme Allied Commander, Allied Expeditionary Force, was instructed ``You will enter the continent of Europe, and, in conjunction with other United Nations, undertake operations aimed at the heart of Germany and the destruction of her armed forces''; (D) in accomplishing that mission, commanded the largest combination of land, sea, and air forces in history; (E) following World War II, was instrumental in the development of the North Atlantic Treaty Organization; (F) after his brilliant military career, he was elected 34th president of the United States; (G) served at Fort Leavenworth from 1917 through 1918 as a tactical instructor officer for a course for lieutenants, and in 1925 through 1926, was a student at the CGSC, from which he was the honor graduate of his class; and (17) Omar N. Bradley, General of the Army-- (A) throughout his distinguished military career, was recognized as an exceptional leader, tactician, and educator; (B) as Commandant of the Infantry School, developed the officer candidate program, through which more than 45,000 leaders of United States combat forces in World War II were commissioned; (C) during World War II, successfully commanded a division, corps, Army, and Army Group; (D) while commanding II Corps, was instrumental in defeating German forces in North Africa and Sicily; (E) reached a peak in his successful career as a field commander when, as commander of the 12th Army Group, which contained the largest number of Americans to ever serve under 1 commander, he greatly assisted in the liberation of Europe; (F) became the Army Chief of Staff in 1948 and the first Chairman of the Joint Chiefs of Staff in 1949; and (G) was at Fort Leavenworth as a student at the CGSC, from 1928 through 1929. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the Five-Star Generals' attendance and graduation from the CGSC, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold, and Omar N. Bradley. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) be selected by the Secretary, after consultation with the Command and General Staff College Foundation, and the Commission of Fine Arts; and (2) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility shall be used to strike proof quality coins, while at least 1 other facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Command and General Staff College Foundation to help finance their support of the CGSC. (c) Audits.--The Command and General Staff College Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.
Five-Star Generals Commemorative Coin Act - Directs the Secretary of the Treasury ( Secretary) to mint and issue $5 gold coins, $1 Silver Coins, and half dollar clad coins in recognition and celebration of the Five-Star Generals' attendance and graduation from the Command and General Staff College (CGSC). Requires the design of such coins to include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry "Hap" Arnold, and Omar N. Bradley. Restricts the issuance of such coins to calendar 2013. Requires specified surcharges in the sale of such coins, which shall be paid promptly to the CGSC Foundation to help finance its support of the College.
{"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in recognition of 5 United States Army Five-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry \"Hap\" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College."}
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Catastrophe Obligation Guarantee Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Congressional findings. Sec. 3. Establishment of debt guarantee program. Sec. 4. Eligible State programs. Sec. 5. Catastrophic debt guarantees. Sec. 6. Effect of guarantee. Sec. 7. Maximum limitation on outstanding guarantees under program. Sec. 8. Payment of losses. Sec. 9. Funding for payments of guarantees. Sec. 10. Definitions. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the United States needs to take action, and support actions taken by States, to be better prepared for and better protected from natural catastrophes; (2) the hurricane seasons of 2004, 2005, and 2008 were startling reminders of both the human and economic devastation that natural catastrophes can cause; (3) if the deadly 1900 Galveston hurricane were to occur again, it could cause over $36,000,000,000 in insured losses; (4) if the 1906 San Francisco earthquake and fire were to occur again, it could cause over $400,000,000,000 in insured losses; (5) if a Category 5 hurricane were to hit Miami, it could cause over $50,000,000,000 in insured loss; (6) if the 1938 Long Island Express Hurricane were to occur again, it could cause over $30,000,000,000 in insured losses, and if a hurricane that powerful were to hit Manhattan directly it could cause over $150,000,000,000 in insured losses and cause irreparable harm to our Nation's economy; (7) the inability of private insurers to build adequate capital in a short amount of time and the resulting lack of sufficient insurance capacity threaten to increase the number of uninsured residential properties, which, in turn, will increase the risk of mortgage and other credit defaults and increase the strain on the Nation's banking system; (8) it is appropriate that efforts to improve insurance availability be designed and implemented at the State level, but even active and experienced State catastrophe insurance programs struggle with issues of capital adequacy and financial strength; (9) some States have acted to ensure the continued availability or affordability, or both, of residential property insurance for their residents; (10) while State catastrophe insurance programs may be well designed and adequate to cover insured losses from most natural disasters, a small but significant number of catastrophic events are likely to exceed the combined financial capacity of such State programs and the local insurance markets; (11) the Government Accountability Office has found that, of the approximately $90 billion in Federal emergency appropriations in the wake of the 2005 hurricanes, approximately $26 billion was used by the Federal Emergency Management Agency, the Small Business Administration, and the Department of Housing and Urban Development to make payments to homeowners or renters who lacked adequate insurance; and (12) the recent and historic turmoil in the financial markets calls into question the ability of even the most creditworthy State catastrophe insurance programs to secure adequate financing following a catastrophic event. SEC. 3. ESTABLISHMENT OF DEBT GUARANTEE PROGRAM. The Secretary of the Treasury shall carry out a program under this Act to guarantee, and to enter into commitments to guarantee, holders of debt obligations issued by eligible State programs against loss of principal or interest on such obligations, or both. SEC. 4. ELIGIBLE STATE PROGRAMS. (a) Requirements.--A State program shall be considered an ``eligible State program'' for purposes of this Act only if the State program, or other State entity authorized to make such determinations, certifies to the Secretary, in accordance with the procedures established pursuant to subsection (b), that the State program complies with the following requirements: (1) Program design.--The State program shall be established and authorized by State law-- (A) as an insurance program that-- (i) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses; and (ii) is not a State program that requires insurers to pool resources to provide property insurance coverage for covered perils; or (B) as a reinsurance program that-- (i) is designed to improve private insurance markets; and (ii) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses because of a finding by the State insurance commissioner or other State entity authorized to make such a determination that such State program is necessary in order to provide for the continued availability of such insurance coverage for all residents of the State. (2) Program operation.--The State program shall meet the following requirements: (A) Governing body.--A majority of the members of the governing body of the State program shall be public officials or appointed by public officials. (B) Financial interest.--The State shall have a financial interest in the State program. (C) Program funds.--If the State has at any time appropriated amounts from the State program's funds for any purpose other than payments for losses insured under the State program, or payments made in connection with any of the State program's authorized activities, the State shall have returned such amounts to the State fund, together with interest on such amounts. (3) Tax status.--The State program shall have received from the Secretary (or the Secretary's designee) a written determination, within the meaning of section 6110(b) of the Internal Revenue Code of 1986, that the State program-- (A) constitutes an integral part of the State that has created it; or (B) is otherwise exempt from Federal income taxation. (4) Covered perils.-- (A) In general.--The State program shall insure or reinsure losses that are proximately caused by any of the following perils: (i) Earthquakes. (ii) Perils ensuing from earthquakes, including fire and tsunamis. (iii) Tropical cyclones having maximum sustained winds of at least 74 miles per hour, including hurricanes and typhoons. (iv) Tornadoes. (v) Volcanic eruptions. (vi) Catastrophic winter storms. (vii) Hail. (viii) Any other natural catastrophe (not including any flood) insured or reinsured under the State program. (B) Authority of secretary to define.--The Secretary shall, by regulation, define the natural catastrophe perils under this subsection. (5) Prevention and mitigation.--The State program shall include provisions designed to encourage and support programs to mitigate losses from natural catastrophes for which the State insurance or reinsurance program was established to provide insurance coverage. (6) Actuarial premium rates.--The State program shall be subject to a requirement under State law that, for any insurance coverage made available under the State insurance program or for any reinsurance coverage for such insurance coverage made available under the State reinsurance program, the premium rates charged shall be actuarially sound or actuarially indicated. (b) Certification and Recertification.--The Secretary shall establish procedures for initial certification and annual recertification of State programs as eligible State programs. SEC. 5. CATASTROPHIC DEBT GUARANTEES. (a) Eligibility for Guarantee.--A guarantee under the program under this Act of the debt of an eligible State program may be issued only if the Secretary has issued a commitment to guarantee such debt to such eligible State program. The commitment to guarantee shall have a duration of three years and may be extended by the Secretary for a period of one year on each annual anniversary of the issuance of the commitment to guarantee. The commitment to guarantee and each extension of such commitment may be issued by the Secretary only if the Secretary determines, based on information provided by the eligible State program that the Secretary shall require, that there is reasonable assurance that the eligible State program can meet its repayment obligation under the debt. (b) Required Amount of Insured Losses.--The Secretary may not issue a guarantee under the program under this Act for any debt obligations of an eligible State program unless the eligible State program demonstrates to the satisfaction of the Secretary that insured losses to the eligible State program that arise from the event or events of covered perils and that are covered by the commitment to guarantee are likely to exceed the cash resources of the eligible State program available on the date of the occurrence of the event. (c) Limitation on Amount of Guarantees.-- (1) In general.--Except as provided in paragraph (2), the aggregate principal amount of debt of an eligible State program guaranteed following an event or events referred to in subsection (a) may not exceed the amount by which the insured losses expected to be sustained by the State program as a result of such event or events exceed 80 percent of the qualifying assets of the eligible State program as stated in the most recent quarterly financial statement filed with its domiciliary regulator before the occurrence of event or events. (2) State programs not filing quarterly statements.--In the case of any eligible State program that is not required to file quarterly financial statements with its domiciliary regulator, the aggregate principal amount of debt guaranteed may not exceed the amount by which insured losses sustained by the State program as a result of such event or events exceed 80 percent of the unrestricted net assets as stated in the annual financial statement for the program's fiscal year ending immediately prior to the event or events. (d) Use of Funds.--Amounts of debt of an eligible State program that are guaranteed under this section shall be used only to pay the insured losses and loss adjustment expenses incurred by the eligible State program. Such amounts shall not be used for any other purpose. SEC. 6. EFFECT OF GUARANTEE. (a) In General.--The issuance of any guarantee under the program under this Act by the Secretary shall be conclusive evidence that-- (1) the guarantee has been properly obtained; (2) the underlying debt qualified for such guarantee; and (3) the guarantee is valid, legal, and enforceable. (b) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all guarantees issued under the program under this Act with respect to principal and interest of the debt guaranteed. SEC. 7. MAXIMUM LIMITATION ON OUTSTANDING GUARANTEES UNDER PROGRAM. The aggregate principal amount of debt obligations for which guarantees under the program under this Act are outstanding may not at any time exceed-- (1) with respect to eligible State programs that cover earthquake perils, $5,000,000,000; and (2) with respect to eligible State programs that cover all other perils, $20,000,000,000. SEC. 8. PAYMENT OF LOSSES. (a) In General.--If any portion of the principal of or interest on any debt obligation guaranteed under this Act becomes due for payment but is unpaid by the eligible State program issuing such obligation as a result of such program having provided insufficient funds to the duly appointed paying agent or trustee (in this section referred to as the ``fiscal agent'') for the eligible State program, the Secretary shall pay to the fiscal agent an amount equal to such portion. (b) Timing.--The Secretary shall make such payments on the later of-- (1) the date such principal or interest becomes due for payment; or (2) the first business day after the day on which the Secretary receives notice, in such form and manner as the Secretary may require, of failure by the eligible State program to provide sufficient funds to the fiscal agent to make such payments. (c) Subrogation.--Upon making such payment, the Secretary shall be subrogated to all the rights of the ultimate recipient of the payment. The Secretary shall be entitled to recover from the eligible State program the amount of any payments made pursuant to any guarantee entered into under this Act. (d) Role of the Attorney General.--The Attorney General will take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this Act. (e) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the eligible State program that is agreed to by the parties to any debt obligation guaranteed under this Act and is approved by the Secretary, subject to the availability of budget authority for any resulting costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (f) Authority of Secretary.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may, in the discretion of the Secretary, complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this Act. SEC. 9. FUNDING FOR PAYMENTS OF GUARANTEES. (a) Appropriations.--There are hereby appropriated, out of funds in the Treasury not otherwise appropriated, such sums as may be necessary to satisfy debt guarantee commitments extended to eligible State programs under this Act and for the payment of administrative expenses for conduct of the guarantee program authorized by this Act. (b) Budgetary Impact.--For purposes of section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), the cost of guarantees issued under this Act shall be calculated by adjusting the discount rate in section 502(5)(E) of such Act for government risk. SEC. 10. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commitment to guarantee.--The term ``commitment to guarantee'' means a commitment to make debt guarantees to an eligible State program, pursuant to subsection 5(a). (2) Covered perils.--The term ``covered peril'' means a natural catastrophe peril specified in section 4(a)(4). (3) Insured loss.--The term ``insured loss'' means any loss resulting from a covered peril that is determined by an eligible State program as being covered by insurance or reinsurance made available under that eligible State program. (4) Qualifying assets.--The term ``qualifying assets'' means, with respect to an eligible State program, the policyholder surplus of the State program as stated in the most recent quarterly financial statement filed by the program with the domiciliary regulator of the program for the last quarter ending before the event or events. (5) Residential property insurance.--The term ``residential property insurance'' means, with respect to an eligible State program, the following types of insurance coverage: (A) Individually owned residential structures.-- (i) In general.--(I) Insurance coverage for individually owned residential structures of not more than 4 dwelling units, individually owned condominium units, or individually owned mobile homes, and the contents of any such units or homes, that are-- (aa) located in the State; and (bb) used exclusively for residential purposes; or (II) a tenant's policy written to include personal contents of a residential unit located in the State. (ii) Exclusions.--Such term shall not include-- (I) insurance for real property or its contents used for any commercial, industrial, or business purpose, except a structure of not more than 4 dwelling units rented for individual residential purposes; and (II) a policy that does not include any of the perils insured against in a standard fire policy or any of the perils enumerated in section 4(a)(4). (B) Commercial residential properties.--Insurance coverage for commercial residential properties, including properties owned by a condominium association or its members, properties owned by a cooperative association, and apartment buildings. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.
Catastrophe Obligation Guarantee Act of 2009 - Directs the Secretary of the Treasury to guarantee holders against loss of principal, interest, or both, on obligations issued by eligible state programs that are established to provide insurance and reinsurance coverage for residential property in the case of catastrophic events. Prescribes standards for eligible state programs, and for catastrophic debt guarantees. Limits the aggregate principal amount of guaranteed debt following a catastrophic event to the amount by which the insured losses expected to be sustained by the state program as a result of the events exceed 80% of: (1) the qualifying assets of an eligible state program as stated in its most recent quarterly financial statement filed with the domiciliary regulator; or (2) a state's unrestricted net assets as stated in its annual financial statement. Pledges the full faith and credit of the United States to the payment of all guarantees issued under the program. Limits the aggregate total principal amount of guaranteed debt obligations to: (1) $5 billion for earthquake peril; and (2) $20 billion for all other perils. Makes appropriations to satisfy debt guarantee commitments and attendant administrative expenses.
{"src": "billsum_train", "title": "To establish a program to provide guarantees for debt issued by State catastrophe insurance programs to assist in financial recovery from natural catastrophes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Vehicles Promotion Act of 2006''. SEC. 2. QUALIFIED FLEXIBLE FUEL MOTOR VEHICLE CREDIT. (a) In General.--Section 30B of the Internal Revenue Code of 1986 (relating to alternative motor vehicle credit) is amended-- (1) in subsection (a) by striking ``and'' at the end of paragraph (3), by striking the period and inserting ``, and'' at the end of paragraph (4), and by adding at the end the following new paragraph: ``(5) the qualified flexible fuel motor vehicle credit determined under subsection (f).'', and (2) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Qualified Flexible Fuel Motor Vehicle Credit.-- ``(1) Allowance of credit.--For purposes of subsection (a), the qualified flexible fuel motor vehicle credit determined under this subsection for the taxable year is an amount equal to the sum of-- ``(A) $100 for each qualified flexible fuel motor vehicle placed in service by the taxpayer during the taxable year that is not a new qualified hybrid motor vehicle (as described in subsection (d)(3)), plus ``(B) $200 for each qualified flexible fuel motor vehicle placed in service by the taxpayer during the taxable year that is a new qualified hybrid motor vehicle (as described in subsection (d)(3)). ``(2) Qualified flexible fuel motor vehicle.--For purposes of this subsection-- ``(A) In general.--The term `qualified flexible fuel motor vehicle' means a motor vehicle that meets the requirements of subparagraph (B) and is designed so that the vehicle is propelled by an engine which can use as a fuel a gasoline mixture of which 85 percent (or another percentage of not less than 70 percent, as the Secretary may determine, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) of the volume of consists of ethanol. ``(B) Other requirements.--A vehicle meets the requirements of this paragraph if-- ``(i) the original use of the vehicle commences with the taxpayer, ``(ii) the vehicle is acquired for use or lease by the taxpayer and not for resale, and ``(iii) the vehicle is made by a manufacturer in the United States.''. (b) Termination.--Subsection (k) of section 30B of such Code (as redesignated by subsection (a)) is amended by striking ``and'' at the end of paragraph (3), by striking the period and inserting ``, and'' at the end of paragraph (4), and by adding at the end the following new paragraph: ``(5) in the case of a qualified flexible fuel motor vehicle (as described in subsection (f)(2)), December 31, 2010.''. (c) Conforming Amendments.-- (1) Paragraph (4) of section 30B(i) of such Code (as redesignated by subsection (a)) is amended by striking ``subsection (g)'' and inserting ``subsection (h)''. (2) Paragraph (6) of section 30B(i) of such Code (as redesignated by subsection (a)) is amended by striking ``subsection (g)'' each place it appears and inserting ``subsection (h)''. (3) Paragraph (25) of section 38(b) of such Code is amended by striking ``section 30B(g)(1)'' and inserting ``section 30B(h)(1)''. (4) Paragraph (3) of section 55(c) of such Code is amended by striking ``30B(g)(2)'' and inserting ``30B(h)(2)''. (5) Paragraph (36) of section 1016(a) of such Code is amended by striking ``section 30B(h)(4)'' and inserting ``section 30B(i)(4)''. (6) Subsection (m) of section 6501 of such Code is amended by striking ``30B(h)(9)'' and inserting ``30B(i)(9)''. (d) Effective Date.--The amendments made by this section shall apply to purchases made after the date of the enactment of this Act, in taxable years ending after such date. SEC. 3. CREDIT FOR CONVERSION OF MOTOR VEHICLE TO QUALIFIED FLEXIBLE FUEL MOTOR VEHICLE. (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. CREDIT FOR CONVERSION OF MOTOR VEHICLE TO QUALIFIED FLEXIBLE FUEL MOTOR VEHICLE. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 100 percent of the qualified flexible fuel motor vehicle conversion expenditures made by the taxpayer during the taxable year. ``(b) Maximum Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $500. ``(c) Qualified Flexible Fuel Motor Vehicle Conversion Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified flexible fuel motor vehicle conversion expenditure' means any expenditure directly related to the process of converting a motor vehicle owned by a taxpayer to a motor vehicle that meets the qualified flexible fuel motor vehicle requirement described in paragraph (2). ``(2) Qualified flexible fuel motor vehicle requirement.--A vehicle meets the qualified flexible fuel motor vehicle requirements described in this paragraph if the vehicle is propelled by an engine which can use as a fuel a gasoline mixture of which 85 percent (or another percentage of not less than 70 percent, as the Secretary may determine, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) of the volume of consists of ethanol. ``(3) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Termination.--The credit allowed under this section shall not apply to expenditures made after December 31, 2010.''. (b) Conforming 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. Credit for conversion of motor vehicle to qualified flexible fuel motor vehicle.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures made after December 31, 2006, in taxable years ending after such date. SEC. 4. USE OF CAFE PENALTIES TO BUILD ALTERNATIVE FUELING INFRASTRUCTURE. Section 32912 of title 49, United States Code, is amended by adding at the end the following: ``(e) Alternative Fueling Infrastructure Grant Program.-- ``(1) Trust fund.--(A) There is established in the Treasury of the United States a trust fund, to be known as the Alternative Fueling Infrastructure Trust Fund (referred to in this subsection as the `Trust Fund'), consisting of such amounts as are deposited into the Trust Fund under subparagraph (B) and any interest earned on investment of amounts in the Trust Fund. ``(B) The Secretary of Transportation shall remit 90 percent of the amount collected in civil penalties under this section to the Trust Fund. ``(2) Establishment of grant program.--The Secretary of Energy shall obligate such sums as are available in the Trust Fund to establish a grant program to increase the number of locations at which consumers may purchase alternative fuels. ``(3) Grant recipients.-- ``(A) Allocation to corporate and nonprofit entities.--The Secretary of Energy may allocate from the Trust Fund such sums as the Secretary considers appropriate to corporations (including nonprofit corporations) with demonstrated experience in the administration of grant funding for the purpose of making alternative fueling infrastructure grants to owners and operators of fueling stations. The Secretary of Energy may allocate funds only to a corporation that agrees to provide $1 of non-Federal contributions for every $3 of Federal funding received under this subparagraph. In no case may administrative expenses exceed 5 percent of any total allocation that may be provided. Allocations under this paragraph may be made only for specific types of alternative fuels that can be used in at least 50,000 automobiles produced in the United States in the prior automobile production year. ``(B) Considerations.--In making allocations to corporate and nonprofit entities for alternative fueling infrastructure awards under subparagraph (A), the Secretary shall-- ``(i) consider the number of automobiles produced for sale in the preceding production year capable of using each specific type of alternative fuel; and ``(ii) identify 1 primary entity per alternative fuel capable of implementing a national deployment program and providing technical and marketing assistance. ``(C) Direct grants to fueling station owners and operators.--The Secretary of Energy may award grants directly to owners and operators of fueling stations for the purpose of installing alternative fuel infrastructure for specific types of alternative fuels that can be used in not fewer than 50,000 automobiles produced in the United States in the prior automobile production year. ``(D) Grant recipients.--A recipient of an allocation under subparagraph (A) and the Secretary of Energy under subparagraph (C) shall award grants to owners and operators of fueling stations in an amount not greater than $150,000 per site or $500,000 per entity. A recipient of a grant under this paragraph shall agree to provide $1 of non-Federal contributions for every $3 of grant funds received under this paragraph. In no case may administrative expenses exceed 3 percent of any grant that may be provided. Recipients of grants shall be selected on a formal, open, and competitive basis, based on-- ``(i) the public demand for each alternative fuel in a particular county based on state registration records showing the number of automobiles that can be operated with alternative fuel; ``(ii) the opportunity to create or expand corridors of alternative fuel stations along interstate or State highways; and ``(iii) the opportunity to increase economic activity in economically-depressed communities. ``(E) Technical and marketing assistance.--A recipient of an allocation under subparagraph (A) shall provide technical and marketing assistance to recipients of grant awards, including point of sale and labeling materials. ``(4) Use of funds.--(A) Grant funds received under this subsection may be used to-- ``(i) construct new facilities to dispense alternative fuels; ``(ii) purchase equipment to upgrade, expand, or otherwise improve existing alternative fuel facilities; ``(iii) purchase equipment or pay for specific turnkey fueling services by alternative fuel providers; or ``(iv) assist with marketing, point of sale materials, including labeling materials and any other efforts to promote the availability of alternative fuels. ``(5) Operation of alternative fuel stations.--Facilities constructed or upgraded with grant funds received under this subsection shall-- ``(A) provide alternative fuel available to the public for a period of not less than 4 years; ``(B) establish a marketing plan to advance the sale and use of alternative fuels; ``(C) prominently display the price of alternative fuel on the marquee and in the station; ``(D) provide point of sale materials on alternative fuel; ``(E) clearly label the dispenser with consistent materials; ``(F) price the alternative fuel at the same margin that is received for unleaded gasoline; and ``(G) support and use all available tax incentives to reduce the cost of the alternative fuel to the lowest possible retail price. ``(6) Notification requirements.--(A) Not later than the date on which each alternative fuel station begins to offer alternative fuel to the public, the grant recipient that used grant funds to construct such station shall notify the Secretary of Energy of such opening. The Secretary of Energy shall add each new alternative fuel station to the alternative fuel station locator on its Website when it receives notification under this subparagraph. ``(B) Not later than 6 months after the receipt of a grant award under this subsection, and every 6 months thereafter, each grant recipient shall submit a report to the Secretary of Energy that describes-- ``(i) the status of each alternative fuel station constructed with grant funds received under this subsection; ``(ii) the amount of alternative fuel dispensed at each station during the preceding 6-month period; and ``(iii) the average price per gallon of the alternative fuel sold at each station during the preceding 6-month period. ``(7) Alternative fuel defined.--For the purposes of this subsection, the term `alternative fuel' means-- ``(A) any fuel of which at least 85 percent (or such percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or automobile functions) of the volume consists of ethanol, liquefied petroleum gas, or hydrogen; or ``(B) any mixture of biodiesel and diesel fuel determined without regard to any use of kerosene that contains at least 20 percent biodiesel.''.
Green Vehicles Promotion Act of 2006 - Amends the Internal Revenue Code to allow tax credits through 2010 for the purchase of a qualified flexible fuel motor vehicle and for the conversion of an existing motor vehicle into a qualified flexible fuel motor vehicle. Defines "qualified flexible fuel vehicle" to include a vehicle using fuel with an 85% ethanol content. Establishes in the Treasury the Alternative Fueling Infrastructure Trust Fund to create a grant program for the construction and operation of alternative fuel refueling stations. Defines "alternative fuels" to mean: (1) fuels with an 85% ethanol content, liquefied petroleum gas, or hydrogen; or (2) biodiesel mixtures. Directs the Secretary of Transportation to remit 90% of the civil penalties collected for violations of automobile fuel economy standards to the Trust Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Neighborhoods Act of 2012''. SEC. 2. STAYS OF FORECLOSURES. (a) Cause of Action.-- (1) In general.--A mortgagor of a property subject to a federally related mortgage loan may file a motion before a court in the jurisdiction in which the property is located for an order under subsection (d). (2) Interim order.--The court shall, on the date of such filing, enter an order that shall-- (A) stay any foreclosure proceedings (including proceedings before a State court) that have been brought against the property that is subject to the federally related mortgage loan; and (B) remain in effect for a period of 60 days, beginning on the date that the order is entered. (3) Limitation.--The mortgagor of the property subject to a federally related mortgage loan is only allowed to file one motion under subsection (a)(1). (b) Consensual Revision of Mortgage.--The mortgagor and mortgagee shall meet not later than 30 days after the mortgagor files under subsection (a). Not later than 15 days prior to that meeting, the mortgagee shall provide the mortgagor with a list of local housing counseling agencies approved by the Secretary of Housing and Urban Development. The mortgagor may be accompanied by a counselor from such an agency. If the mortgagor and mortgagee execute a consensually modified mortgage agreement within 60 days of the court granting the stay, the order under subsection (a)(2) would terminate. If at the end of the 60 days an agreement has not been reached, the court may issue an order under subsection (d) in accordance with subsection (c). The mortgagor may request not more than 1 additional meeting after the first meeting and before the end of the period during which foreclosure proceedings are stayed pursuant to an order under subsection (a) or (d). The mortgagee shall comply with that request not later than 30 days after that request. (c) Standard of Proof.--The court shall grant a motion under subsection (a)(1) for an order under subsection (d), if the mortgagor demonstrates by a preponderance of the evidence the following: (1) That the mortgagor has a reasonable ability to make payments described under subsection (d)(5). (2) Financial hardship of the mortgagor. (3) That the property subject to the mortgage would be the primary residence of the mortgagor. (d) Order Described.--An order under this subsection shall, beginning on the date that is 60 days after the filing of the motion under subsection (a)(1)-- (1) stay any foreclosure proceedings that have been brought against the property that is subject to the federally related mortgage loan, including proceedings before a State court and eviction or detainer proceedings in a non-judicial foreclosure State; (2) remain in effect for a period of up to 3 years beginning on the date that the order is entered, except that the period shall terminate if an agreement under subsection (b) is executed during such period; (3) prohibit the assessment or collection of any late fees regarding payments on the federally related mortgage loan; (4) toll the statute of limitations for any other applicable laws pertaining to the federally related mortgage loan; (5) require that the mortgagor make payments in an amount the court determines appropriate, which may include the fair market rental value of the property (determined by the court in accordance with subsection (f)), to the mortgagee at such times as the court determines appropriate; and (6) require that the mortgagee apply such payments-- (A) first, to any taxes owed on the property; (B) then, to any obligations relating to insurance, including homeowner's insurance on the property; (C) then, to any interest due on the mortgage for that period under the terms of the mortgage; and (D) finally, to the principal amount due on the mortgage for that period under the terms of the mortgage. (e) Result of Failure To Revise During Stay of Foreclosure.--If an order under subsection (d) terminates and the mortgagor and mortgagee have not submitted an agreement described in subsection (b) to the court on or before the date that the order terminates, the court shall enter an order-- (1) ordering an appraisal to determine the fair market value of the property to be performed by a licensed appraiser approved by the Secretary of Housing and Urban Development; (2) if the fair market value of the property, as determined by the appraiser is less than the principal remaining on the mortgage loan, adjusting the principal amount to the fair market value, giving consideration to the appraisal and any other information the court determines appropriate; (3) ordering reasonable interest on the principal as adjusted under paragraph (2) based on the average prime offer rate (as such term is defined in section 129C of the Truth in Lending Act (15 U.S.C. 1639c)) for mortgages; and (4) if the fair market value is greater than the principal remaining on the mortgage loan, ordering payments set at a reasonable interest rate on the remaining principal based on the average prime offer rate for mortgages on that date. (f) Determination of Fair Market Rental Value.--In determining the fair market rental value of a property for purposes of subsection (d)(5), the court shall consider the following: (1) The fair market rents for the market area in which the property is located for similar property calculated for other Federal rental housing programs. (2) Any other information the court determines appropriate. (g) Authority of Magistrate Judges.--Any proceeding regarding a motion under subsection (a) may be heard by a magistrate judge of the United States, and that magistrate judge, notwithstanding section 636(b)(1)(A) of title 28, United States Code, may issue an order in accordance with this section. (h) Limitation on Remedies.--The mortgagee's remedies shall be limited to those that would be available as if the proceeding were a foreclosure proceeding. (i) Definitions.--In this Act: (1) The term ``federally related mortgage loan'' has the meaning given such term under section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602). (2) The term ``financial hardship'' means any financial burden of a mortgagor that causes that mortgagor to be reasonably unable to make a payment on that mortgage, including-- (A) reduction in or loss of income that was supporting the mortgage; (B) change in household financial circumstances; (C) recent or upcoming increase in the mortgagor's monthly mortgage payment; (D) an unavoidable increase in other expenses; (E) a lack of cash reserves to maintain payment on the mortgage and cover basic living expenses at the same time (cash reserves include assets such as cash savings, money market funds, stocks or bonds, but exclude retirement accounts); (F) excessive monthly debt payments, including if the mortgagor has been using credit cards, a home equity loan or other credit to make the mortgage payment; (G) the mortgagor has been subject to predatory lending practices; and (H) other reasons for hardship identified and explained by the mortgagor. (3) In determining whether a lending practice is predatory, the court shall consider whether the mortgagor has been subject to practices including but not limited to: abusive collection practices; balloon payments; encouragement of default; repeat financing where the equity is depleted as a result of financing; excessive fees; excessive interest rates; fraud, deception, and abuse; high loan-to-value ratio; lending without regard to ability to repay; loan flipping; mandatory arbitration clauses; payday lending; pre-payment penalties; refinancing of mortgages with a loan that does not provide a tangible economic benefit to the borrower; refinancing unsecured debt; payment of single-premium credit insurance; the process of referring borrowers who qualify for lower-cost financing to high-cost lenders; subprime lending; high yield- spread premiums. SEC. 3. REGULATORY AUTHORITY OF THE CONSUMER FINANCIAL PROTECTION BUREAU. The Director of the Bureau of Consumer Financial Protection of the Federal Reserve System may make rules or issue guidance to carry out this Act. SEC. 4. DURATION OF THIS ACT. This Act shall be effective for 5 years, beginning on the date of enactment of this Act.
Save Our Neighborhoods Act of 2012 - Authorizes a mortgagor of a property subject to a federally related mortgage loan to file a motion before a court in the jurisdiction in which the property is located for an order to: (1) stay any foreclosure proceedings brought against the property; (2) remain in effect for up to three years; (3) prohibit the assessment or collection of any late fees regarding payments on such loan; (4) toll the statute of limitations for any other applicable laws pertaining to such loan; (5) require the mortgagor to make payments in an appropriate amount to the mortgagee at appropriate times; and (6) require the mortgagee to apply such payments first to any taxes owed on the property, and then to property insurance obligations, interest due, and the mortgage principal due. Requires the court, if an order terminates before the mortgagor and mortgagee have submitted an agreement to the court, to enter an order: (1) ordering an appraisal by an approved licensed appraiser to determine the property's fair market value; (2) adjusting the principal amount to the property's fair market value if that value is less than the principal remaining on the mortgage loan; (3) ordering reasonable interest on the principal so adjusted, based on the average prime offer rate for mortgages; and (4) ordering payments set at a reasonable interest rate on the principal remaining on the mortgage loan, based on the average prime offer rate for mortgages on that date, if the fair market value is greater than the remaining principal. Requires: (1) the court, on the date such motion is filed, to stay any foreclosure proceedings that have been brought against the property; (2) the mortgagor and mortgagee to meet after the mortgagor files the motion; and (3) the mortgagee to provide the mortgagor with a list of approved local housing counseling agencies. Requires the foreclosure stay order to terminate if the mortgagor and mortgagee execute a consensually modified mortgage agreement within 60 days after the grant of the stay. Authorizes the Director of the Consumer Financial Protection Bureau of the Federal Reserve System to make rules or issue guidance to carry out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane and Flood Protection Tax Credit Act''. SEC. 2. CREDIT FOR EXPENSES INCURRED IN HURRICANE OR FLOOD PROTECTION PROJECTS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. CREDIT FOR EXPENSES INCURRED IN HURRICANE OR FLOOD PROTECTION PROJECTS. ``(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 30 percent of the qualified expenditures of the taxpayer for the taxable year. ``(b) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27 and 30A for the taxable year. ``(c) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by the taxpayer for an unfunded authorized project, but only to the extent-- ``(A) such amounts are paid or incurred after a request by the taxpayer to expend such amounts has been approved by the Federal agency administering the unfunded authorized project or after a 90-day period following such request (plus an additional 30-day period if requested by such agency within the 90-day period) during which no decision regarding such request is made by such agency, and ``(B) such amounts are applied proportionally to the Federal and non-Federal share of the total amount authorized to be appropriated for such project. ``(2) Unfunded authorized project.--The term `unfunded authorized project' means any project-- ``(A) authorized by Federal law to provide hurricane or flood protection in the United States, and ``(B) with respect to which no or only partial Federal funding has been appropriated prior to the request described in paragraph (1)(A). ``(d) Carryovers Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (b) for such taxable year (referred to as the `unused credit year' in this paragraph), such excess shall be allowed as a credit carryforward for each of the taxable years following the unused credit year or as a credit carryback for each of the taxable years preceding the unused credit year. ``(2) Rules.--For purposes of paragraph (1), rules similar to the rules of section 39 shall apply, except that-- ``(A) subsection (a)(1) shall be applied-- ``(i) by substituting `3 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `5 taxable years' for `20 taxable years' in subparagraph (B) thereof, and ``(B) subsection (a)(2) shall be applied-- ``(i) by substituting `8 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `7 taxable years' for `20 taxable years' in subparagraph (B). ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)). ``(2) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credit allowable under subsection (a)), shall be reduced by the amount of credit allowed under subsection (a) (determined without regard to subsection (b)) for the taxable year. ``(3) Reduction for assistance.--The amount taken into account under subsection (a) with respect to any project shall be reduced by the amount of any Federal, State, or local grant or other assistance received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified expenditures and which was not included in the gross income of such taxpayer.''. (b) Basis Adjustment.--Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(1).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 3DB. Credit for expenses incurred in hurricane or flood protection projects.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.
Hurricane and Flood Protection Tax Credit Act - Amends the Internal Revenue Code to allow a tax credit for 30% of expenditures for a hurricane or flood protection project which is authorized but unfunded (or partially funded) under federal law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Business Development Enhancement Act of 2009''. SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL BUSINESS INFORMATION CENTERS PROGRAM. (a) Associate Administrator.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) by striking ``five Associate Administrators'' and inserting ``six Associate Administrators''; and (2) by inserting after ``vested in the Administration.'' the following: ``One such Associate Administrator shall be the Associate Administrator for Native American Affairs, who shall administer the Office of Native American Affairs established under section 44.''. (b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND TRIBAL BUSINESS INFORMATION CENTERS PROGRAM. ``(a) Office of Native American Affairs.-- ``(1) Establishment.--There is established in the Administration an Office of Native American Affairs (hereinafter referred to in this subsection as the `Office'). ``(2) Associate administrator.--The Office shall be administered by an Associate Administrator appointed under section 4(b)(1). ``(3) Responsibilities.--The Office shall have the following responsibilities: ``(A) Developing and implementing tools and strategies to increase Native American entrepreneurship. ``(B) Expanding the access of Native American entrepreneurs to business training, financing, and Federal small business contracts. ``(C) Expanding outreach to Native American communities and marketing entrepreneurial development services to such communities. ``(D) Representing the Administration with respect to Native American economic development matters. ``(4) Coordination and oversight function.--The Office shall provide oversight with respect to and assist the implementation of all Administration initiatives relating to Native American entrepreneurial development. ``(5) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2010 and 2011. ``(b) Tribal Business Information Centers Program.-- ``(1) Establishment.--The Administrator is authorized to operate, alone or in coordination with other Federal departments and agencies, a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance. ``(2) Designation of centers.--The Administrator shall designate entities as centers under the Tribal Business Information Centers program. ``(3) Administration support.--The Administrator may contribute agency personnel and resources to the centers designated under paragraph (2) to carry out this subsection. ``(4) Grant program.--The Administrator is authorized to make grants of not more than $300,000 to centers designated under paragraph (2) for the purpose of providing Native Americans the following: ``(A) Business workshops. ``(B) Individualized business counseling. ``(C) Entrepreneurial development training. ``(D) Access to computer technology and other resources to start or expand a business. ``(5) Regulations.--The Administrator shall by regulation establish a process for designating centers under paragraph (2) and making the grants authorized under paragraph (4). ``(6) Definition of administrator.--In this subsection, the term `Administrator' means the Administrator, acting through the Associate Administrator administering the Office of Native American Affairs. ``(7) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated to the Administrator $15,000,000 for fiscal year 2010 and $17,000,000 for fiscal year 2011. ``(c) Definition of Native American.--The term `Native American' means an Indian tribe member, Alaska Native, or Native Hawaiian as such are defined in section 21(a)(8) of this Act.''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS. (a) In General.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist indian tribe members, alaska natives, and native hawaiians.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State's total population, as shown by the latest available census. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians; ``(ii) the location of the Small Business Development Center site proposed by the applicant; ``(iii) the required amount of grant funding needed by the applicant to implement the program; and ``(iv) the extent to which the applicant has consulted with local tribal councils. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for any fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Advice of local tribal organizations.--A Small Business Development Center receiving a grant under this paragraph shall request the advice of a tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance. ``(H) Definitions.--In this paragraph, the following definitions apply: ``(i) Indian lands.--The term `Indian lands' has the meaning given the term `Indian country' in section 1151 of title 18, United States Code, the meaning given the term `Indian reservation' in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term `reservation' in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). ``(ii) Indian tribe.--The term `Indian tribe' means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. ``(iii) Indian tribe member.--The term `Indian tribe member' means a member of an Indian tribe (other than an Alaska Native). ``(iv) Alaska native.--The term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). ``(v) Native hawaiian.--The term `Native Hawaiian' means any individual who is-- ``(I) a citizen of the United States; and ``(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. ``(vi) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2010 and 2011. ``(J) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''. Passed the House of Representatives November 19, 2009. Attest: LORRAINE C. MILLER, Clerk.
Native American Business Development Enhancement Act of 2009 - Amends the Small Business Act to establish in the Small Business Administration (SBA) the Office of Native American Affairs, administered by a new SBA Associate Administrator, to increase Native American entrepreneurship. Authorizes appropriations. Authorizes the SBA's Administrator (acting through the Associate Administrator) to: (1) operate a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance; (2) designate entities as Centers; (3) contribute agency personnel and resources to the centers; and (4) make grants to the centers. Authorizes appropriations. Allows any eligible Center to apply for an additional grant to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. Requires, to be eligible, that the Center be in a state in which the combined Indian Tribe members, Alaska Natives, and Native Hawaiians make up at least one percent of the state's total population. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Center Enhancement Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE. (a) In General.--Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended-- (1) by amending the section heading to read as follows: ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE.''; (2) in subsection (a), by adding at the end the following new sentence: ``Beginning on the date of the enactment of the Fusion Center Enhancement Act of 2015, such Initiative shall be known as the `Department of Homeland Security Fusion Center Partnership Initiative'.''; (3) by amending subsection (b) to read as follows: ``(b) Interagency Support and Coordination.--Through the Department of Homeland Security Fusion Center Partnership Initiative, in coordination with principal officials of fusion centers in the National Network of Fusion Centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall-- ``(1) coordinate with the heads of other Federal departments and agencies to provide operational and intelligence advice and assistance to the National Network of Fusion Centers; ``(2) support the integration of fusion centers into the information sharing environment; ``(3) support the maturation and sustainment of the National Network of Fusion Centers; ``(4) reduce inefficiencies and maximize the effectiveness of Federal resource support to the National Network of Fusion Centers; ``(5) provide analytic and reporting advice and assistance to the National Network of Fusion Centers; ``(6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by the National Network of Fusion Centers and incorporate such information, as appropriate, into the Department's own such information; ``(7) provide for the effective dissemination of information within the scope of the information sharing environment to the National Network of Fusion Centers; ``(8) facilitate close communication and coordination between the National Network of Fusion Centers and the Department and other Federal departments and agencies; ``(9) provide the National Network of Fusion Centers with expertise on Department resources and operations; ``(10) coordinate the provision of training and technical assistance to the National Network of Fusion Centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; ``(11) ensure, to the greatest extent practicable, that support for the National Network of Fusion Centers is included as a national priority in applicable homeland security grant guidance; ``(12) ensure that each fusion center in the National Network of Fusion Centers has a privacy policy approved by the Chief Privacy Officer of the Department and a civil rights and civil liberties policy approved by the Officer for Civil Rights and Civil Liberties of the Department; ``(13) coordinate the nationwide suspicious activity report initiative to ensure information gathered by the National Network of Fusion Centers is incorporated as appropriate; ``(14) lead Department efforts to ensure fusion centers in the National Network of Fusion Centers are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with State and local entities to the greatest extent practicable; ``(15) develop and disseminate best practices on the appropriate levels for staffing at fusion centers in the National Network of Fusion Centers of qualified representatives from State, local, tribal, and territorial law enforcement, fire, emergency medical, and emergency management services, and public health disciplines, as well as the private sector; and ``(16) carry out such other duties as the Secretary determines appropriate.''; (4) in subsection (c)-- (A) by striking so much as precedes paragraph (3)(B) and inserting the following: ``(c) Resource Allocation.-- ``(1) Information sharing and personnel assignment.-- ``(A) Information sharing.--The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate-- ``(i) fusion centers in the National Network of Fusion Centers have access to homeland security information sharing systems; and ``(ii) Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the Department's mission and existing statutory limits. ``(B) Personnel assignment.--Department personnel referred to in subparagraph (A)(ii) may include the following: ``(i) Intelligence officers. ``(ii) Intelligence analysts. ``(iii) Other liaisons from components and offices of the Department, as appropriate. ``(C) Memoranda of understanding.--The Under Secretary for Intelligence and Analysis shall negotiate memoranda of understanding between the Department and a State or local government, in coordination with the appropriate representatives from fusion centers in the National Network of Fusion Centers, regarding the exchange of information between the Department and such fusion centers. Such memoranda shall include the following: ``(i) The categories of information to be provided by each entity to the other entity that are parties to any such memoranda. ``(ii) The contemplated uses of the exchanged information that is the subject of any such memoranda. ``(iii) The procedures for developing joint products. ``(iv) The information sharing dispute resolution processes. ``(v) Any protections necessary to ensure the exchange of information accords with applicable law and policies. ``(2) Sources of support.-- ``(A) In general.--Information shared and personnel assigned pursuant to paragraph (1) may be shared or provided, as the case may be, by the following Department components and offices, in coordination with the respective component or office head and in consultation with the principal officials of fusion centers in the National Network of Fusion Centers: ``(i) The Office of Intelligence and Analysis. ``(ii) The Office of Infrastructure Protection. ``(iii) The Transportation Security Administration. ``(iv) U.S. Customs and Border Protection. ``(v) U.S. Immigration and Customs Enforcement. ``(vi) The Coast Guard. ``(vii) Other components or offices of the Department, as determined by the Secretary. ``(B) Coordination with other federal agencies.-- The Under Secretary for Intelligence and Analysis shall coordinate with appropriate officials throughout the Federal Government to ensure the deployment to fusion centers in the National Network of Fusion Centers of representatives with relevant expertise of other Federal departments and agencies. ``(3) Resource allocation criteria.-- ``(A) In general.--The Secretary shall make available criteria for sharing information and deploying personnel to support a fusion center in the National Network of Fusion Centers in a manner consistent with the Department's mission and existing statutory limits.''; and (B) in paragraph (4)(B), in the matter preceding clause (i), by inserting ``in which such fusion center is located'' after ``region''; (5) in subsection (d)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4)-- (i) by striking ``government'' and inserting ``governments''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) utilize Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).''; (6) in subsection (e)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including deployed personnel, under this section from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to support fusion centers in the National Network of Fusion Centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``participating State, local, and regional''; (7) in subsection (j)-- (A) in paragraph (4), by striking ``and'' at the end; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: ``(5) 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 fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally; and''; and (8) by striking subsection (k). (b) Accountability Report.--Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2022, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall report 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 on the efforts of the Office of Intelligence and Analysis of the Department and other relevant components and offices of the Department to enhance support provided to fusion centers in the National Network of Fusion Centers, including meeting the requirements specified in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by subsection (a) of this section. (c) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 210A and inserting the following new item: ``Sec. 210A. Department of Homeland Security Fusion Centers Initiative.''. (d) Reference.--Any reference in any law, rule, or regulation to the ``Department of Homeland Security State, Local, and Regional Fusion Center Initiative'' shall be deemed to be a reference to the ``Department of Homeland Security Fusion Center Initiative''. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.
Fusion Center Enhancement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to revise provisions concerning the Department of Homeland Security (DHS) State, Local, and Regional Fusion Center Initiative. The bill renames it as the Department of Homeland Security Fusion Center Partnership Initiative and changes references to "participating state, local, or regional fusion centers" to references to the "National Network of Fusion Centers," which is defined as 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 fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. (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 duties of the Secretary of Homeland Security with respect to the Initiative are revised to include: supporting the maturation and sustainment of the Network, reducing inefficiencies and maximizing the effectiveness of federal resource support to the Network, ensuring that support for the Network is included as a national priority in applicable homeland security grant guidance, ensuring that each fusion center in the Network has a privacy policy and a civil rights and civil liberties policy approved by DHS, coordinating the nationwide suspicious activity report initiative to ensure that information gathered by the Network is incorporated, ensuring that fusion centers in the Network are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with state and local entities, and disseminating best practices on the appropriate levels for staffing at Network fusion centers of qualified representatives from state, local, tribal, and territorial law enforcement and emergency services, public health disciplines, and the private sector. The Under Secretary for Intelligence and Analysis must ensure that fusion centers in the Network have access to homeland security information sharing systems and that DHS personnel are deployed to support fusion centers in the Network in a manner consistent with DHS's mission and existing statutory limits. The Under Secretary shall negotiate memoranda of understanding between DHS and a state or local government regarding the exchange of information between DHS and Network fusion centers. Such memoranda shall include: the categories of information to be provided by the parties to such memoranda, the contemplated uses of the exchanged information, the procedures for developing joint products, the information sharing dispute resolution processes, and any protections necessary to ensure the exchange of information accords with applicable law and policies. The Under Secretary shall: (1) coordinate with appropriate federal officials to ensure the deployment to Network fusion centers of representatives of other federal agencies with relevant expertise; and (2) report to specified congressional committees annually through 2022 on the efforts of DHS components to enhance support provided to Network fusion centers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Humanitarian Accountability Act.'' SEC. 2. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301 of the Foreign Assistance Act of 1961 is amended by striking subsection (c) and inserting the following new subsection: ``(c)(1) Withholding.--Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only during a period for which a certification described in paragraph (2) is in effect. ``(2) Certification.--A certification described in this paragraph is a written determination by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor, that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA-- ``(i) is a member of a Foreign Terrorist Organization; ``(ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or ``(iii) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; ``(B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a Foreign Terrorist Organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; ``(E) no recipient of UNRWA funds or loans is a member of a Foreign Terrorist Organization; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. ``(3) Definition.--In this section: ``(A) Foreign terrorist organization.--The term `Foreign Terrorist Organization' means an organization designated as a Foreign Terrorist Organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House; and ``(ii) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate. ``(4) Effective Duration of Certification.--The certification described in paragraph (2) shall be effective for a period of 180 days from the date of transmission to the appropriate congressional committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification. ``(5) Limitation.--During a period for which a certification described in paragraph (2) is in effect, the United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount-- ``(A) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States; ``(B) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or ``(C) that exceeds 22 percent of the total budget of UNRWA.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President and the Secretary of State should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 2 of this Act); (2) citizens of recognized states should be removed from UNRWA's jurisdiction; (3) UNRWA's definition of a ``Palestine refugee'' should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees; and (4) in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.
UNRWA Humanitarian Accountability Act - Amends the Foreign Assistance Act of 1961 to withhold U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary of State certifies to Congress that: (1) no UNRWA official, employee, representative, or affiliate is a member of a foreign terrorist organization, has propagated anti-American, anti-Israel, or anti-Semitic rhetoric, or has used UNRWA resources to propagate political materials regarding the Israeli-Palestinian conflict; (2) no UNRWA facility is used by a foreign terrorist organization; (3) no UNRWA school uses educational materials that propagates anti-American, anti-Israel, or anti-Semitic rhetoric; (4) UNRWA is subject to auditing oversight; and (5) UNRWA holds no accounts or other affiliations with financial institutions deemed by the United States to be complicit in money laundering and terror financing. Limits, upon certification compliance, U.S. contributions to UNRWA.
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SECTION 1. EXPENSING OF CAPITAL COSTS INCURRED IN COMPLYING WITH ENVIRONMENTAL PROTECTION AGENCY SULFUR REGULATIONS. (a) In General.--Section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable business assets) is amended by adding at the end the following new paragraph: ``(5) Limitation for small business refiners.-- ``(A) In general.--In the case of a small business refiner electing to expense qualified costs, in lieu of the dollar limitations in paragraph (1), the limitation on the aggregate costs which may be taken into account under subsection (a) for any taxable year shall not exceed 75 percent of the qualified costs. ``(B) Qualified costs.--For purposes of this paragraph, the term `qualified costs' means costs paid or incurred by a small business refiner for the purpose of complying with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. ``(C) Small business refiner.--For purposes of this paragraph, the term `small business refiner' means, with respect to any taxable year, a refiner which, within the refining operations of the business, employs not more than 1,500 employees on business days during such taxable year and has less than 155,000 barrels per day total capacity.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. ENVIRONMENTAL TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. ENVIRONMENTAL TAX CREDIT. ``(a) In General.--For purposes of section 38, the amount of the environmental tax credit determined under this section with respect to any small business refiner for any taxable year is an amount equal to 5 cents for every gallon of 15 parts per million or less sulfur diesel produced at a facility by such small business refiner. ``(b) Maximum Credit.--For any small business refiner, the aggregate amount allowable as a credit under subsection (a) for any taxable year with respect to any facility shall not exceed 25 percent of the qualified capital costs incurred by such small business refiner with respect to such facility not taken into account in determining the credit under subsection (a) for any preceding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Small business refiner.--The term `small business refiner' means, with respect to any taxable year, a refiner which, within the refining operations of the business, employs not more than 1,500 employees on business days during such taxable year and has less than 155,000 barrels per day total capacity. ``(2) Qualified capital costs.--The term `qualified capital costs' means, with respect to any facility, those costs paid or incurred during the applicable period for compliance with the applicable EPA regulations with respect to such facility, including expenditures for the construction of new process operation units or the dismantling and reconstruction of existing process units to be used in the production of 15 parts per million or less sulfur diesel fuel, associated adjacent or offsite equipment (including tankage, catalyst, and power supply), engineering, construction period interest, and sitework. ``(3) Applicable epa regulations.--The term `applicable EPA regulations' means the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. ``(4) Applicable period.--The term `applicable period' means, with respect to any facility, the period beginning with the date of the enactment of this section and ending with the date which is one year after the date on which the taxpayer must comply with the applicable EPA regulations with respect to such facility. ``(d) Reduction in Basis.--For purposes of this subtitle, if a credit is determined under this section with respect to any property by reason of qualified capital costs, the basis of such property shall be reduced by the amount of the credit so determined. ``(e) Certification.-- ``(1) Required.--Not later than the date which is 30 months after the first day of the first taxable year in which the environmental tax credit is allowed with respect to a facility, the small business refiner must obtain certification from the Secretary, in consultation with the Administrator of the Environmental Protection Agency, that the taxpayer's qualified capital costs with respect to such facility will result in compliance with the applicable EPA regulations. ``(2) Contents of application.--An application for certification shall include relevant information regarding unit capacities and operating characteristics sufficient for the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to determine that such qualified capital costs are necessary for compliance with the applicable EPA regulations. ``(3) Review period.--Any application shall be reviewed and notice of certification, if applicable, shall be made within 60 days of receipt of such application. ``(4) Recapture.--Notwithstanding subsection (f), failure to obtain certification under paragraph (1) constitutes a recapture event under subsection (f) with an applicable percentage of 100 percent. ``(f) Recapture of Environmental Tax Credit.-- ``(1) In general.--Except as provided in subsection (e), if, as of the close of any taxable year, there is a recapture event with respect to any facility of the small business refiner, then the tax of such refiner under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified capital costs of the taxpayer described in subsection (c)(2) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 80 Year 3............................... 60 Year 4............................... 40 Year 5............................... 20 Years 6 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified capital costs with respect to a facility described in subsection (c)(2) are paid or incurred by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Failure to comply.--The failure by the small business refiner to meet the applicable EPA regulations within the applicable period with respect to the facility. ``(B) Cessation of operation.--The cessation of the operation of the facility as a facility which produces 15 parts per million or less sulfur diesel after the applicable period. ``(C) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a small business refiner's interest in the facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(g) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of a small business refiner, the environmental tax credit determined under section 45G(a).''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Environmental Tax Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45G(a).''. (d) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (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 environmental tax credit.-- ``(A) In general.--In the case of the environmental tax 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 environmental tax credit). ``(B) Environmental tax credit.--For purposes of this subsection, the term `environmental tax credit means the credit allowable under subsection (a) by reason of section 45G.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the environmental tax credit'' after ``employment credit''. (e) Basis Adjustment.--Section 1016(a) of the Internal Revenue Code of 1986 (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a facility with respect to which a credit was allowed under section 45G, to the extent provided in section 45G(d).''. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Environmental tax credit.''. (g) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act.
Amends the Internal Revenue Code to permit a small business refiner: (1) to expense a portion of the costs of complying with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency; and (2) a limited tax credit for every gallon of 15 parts per million or less sulfur diesel produced at a facility by such small business refiner.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Families, Strengthen Education Act''. SEC. 2. PARENTAL INVOLVEMENT LEAVE FOR PRIVATE EMPLOYEES. (a) Leave Requirement.--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) Entitlement to parental involvement leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, to participate in or attend an activity that-- ``(i) is sponsored by a school; and ``(ii) relates to an academic program that is sponsored by the school and is attended by a son or daughter of the employee. ``(B) Relationship to family and medical leave.-- The amount of leave taken by an eligible employee under this paragraph during a 12-month period shall be subtracted from the amount of leave available to the employee under paragraph (1) for such 12-month period. ``(C) Definition.--As used in this paragraph, the term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.).''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR PUBLIC EMPLOYEES. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, to participate in or attend an activity that-- ``(i) is sponsored by a school; and ``(ii) relates to an academic program that is sponsored by the school and is attended by a son or daughter of the employee. ``(B) The amount of leave taken by an employee under this paragraph during a 12-month period shall be subtracted from the amount of leave available to the employee under paragraph (1) for such 12-month period. ``(C) As used in this paragraph, the term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.).''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.
Strengthen Families, Strengthen Education Act - Amends the Family and Medical Leave Act of 1993 to allow employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend academic, school-sponsored activities attended by their children. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Best Buddies Empowerment for People with Intellectual Disabilities Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Best Buddies is the first national social and recreational program in the United States for people with mental retardation. (2) Best Buddies is dedicated to helping people with intellectual disabilities become part of mainstream society. (3) Best Buddies is determined to end social isolation for people with intellectual disabilities by establishing meaningful friendships with their non-disabled peers in order to help increase the self-esteem, confidence, and abilities of people with and without intellectual disabilities. (4) Since 1989, Best Buddies has enhanced the lives of people with intellectual disabilities by providing opportunities for one-to-one friendships and integrated employment. (5) Best Buddies is an international organization spanning 1300 middle school, high school, and college campuses. (6) The Best Buddies organization implements programs that will positively impact more than 350,000 individuals this year and expect to be able to reach 500,000 people by 2010. (7) The Best Buddies Jobs program continues the integration of people with intellectual disabilities into the community through supported employment. (8) The Best Buddies Citizens program pairs people with mental retardation in one-to-one friendships with other individuals in the corporate and civic communities. (9) The Best Buddies Colleges program pairs people with mental retardation in one-to-one friendships with college students. (10) The Best Buddies High Schools program pairs students with mental retardation in one-to-one friendships with high school students. (11) The Best Buddies e-Buddies program creates respective e-mail friendships between people with and without intellectual disabilities. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Best Buddies to increase participation in and public awareness about Best Buddies programs that serve people with intellectual disabilities; (2) dispel negative stereotypes about people with intellectual disabilities; and (3) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR BEST BUDDIES. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Best Buddies to carry out the following: (1) Activities to promote the expansion of Best Buddies, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Best Buddies education and outreach programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) Limitations.-- (1) In general.--Amounts appropriated to carry out this Act may not be used for direct treatment of diseases, medical conditions, or mental health conditions. (2) Administrative activities.--Not more than three percent of amounts appropriated to carry out this Act may be used for administrative activities. (c) Rule of Construction.--Nothing in this Act shall be construed to limit the use of non-Federal funds by Best Buddies. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under section 3(a), Best Buddies shall submit an application at such time, in such manner, and containing such information as the Secretary of Education or Secretary of State, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under section 3(a), Best Buddies shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education or Secretary of State, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants, contracts, or cooperative agreements under section 3(a), $10,000,000 to the Secretary of Education for fiscal year 2009, and such sums as may be necessary for each of the four succeeding fiscal years. SEC. 6. BUDGET NEUTRAL. The following provisions of law are hereby repealed: (1) Section 5523 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7265b). (2) Section 5533 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b).
Best Buddies Empowerment for People with Intellectual Disabilities Act of 2007 - Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of Best Buddies and the design and implementation of its education and outreach programs, including character education and volunteer programs, that can be integrated into classroom instruction. Amends the Elementary and Secondary Education Act of 1965 to repeal authority for the Fund for the Improvement of Education: (1) educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts; and (2) program of grants to a national nonprofit educational organization for the improvement of student understanding of personal finance and economics through effective teaching of economics in the nation's classrooms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance in Gaining Experience, Independence, and Navigation Act of 2013'' or the ``AGE-IN Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399CC the following: ``SEC. 399CC-1. GRANTS FOR RESEARCH, TRAINING, AND NAVIGATOR SERVICES FOR YOUTH AND YOUNG ADULTS. ``(a) Research Grant.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall award a grant to a research organization to-- ``(A) conduct a comprehensive meta-analysis on the existing empirical, peer-reviewed research on the topic of youth and young adults with an autism spectrum disorder or other developmental disabilities as such individuals age-out of the school-based support system (referred to in this section as `transitioning youth'); ``(B) conduct research on the existing infrastructure for transitioning youth, including access to health care, continuing education and vocational training programs, supportive and community- based integrated housing, accessible transportation services, and public safety and community integration programs (including first responder training); and ``(C) develop a comprehensive strategic plan (in accordance with paragraph (2)) for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. ``(2) Strategic plan.--The strategic plan developed under paragraph (1)(C) shall include-- ``(A) proposals on establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers (including first responders), the transitioning youth, and their family, and in conjunction with the transitioning youth's Individualized Education Plan as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), to maximize the transitioning youth's self-determination; ``(B) comprehensive approaches to transitioning, including-- ``(i) services to increase access to, and the successful integration and completion of, postsecondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; and ``(v) personal safety services that consider the specific needs of transitioning youth who are at risk of becoming involved with public safety agencies or the criminal justice system; ``(C) culturally and linguistically competent and sensitive service delivery models; and ``(D) proposals which seek to-- ``(i) increase the effectiveness of such practices to provide successful transition services; ``(ii) increase the ability of the entity to provide supports and services to underserved populations and regions; ``(iii) increase the efficiency of service delivery to maximize resources and outcomes; and ``(iv) ensure access to all services identified as necessary to transitioning youth of all capabilities. ``(3) Grant period.--Grants awarded under this subsection shall be for a period of 2 years. ``(b) Transition Navigator Training Grants.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall establish a Transition Navigator Grant Program to award multiyear training initiative grants to establish and carry out a collaborative, interdisciplinary training and services initiative, that is based on the data and best practice guidelines developed under subsection (a), to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. ``(2) Eligibility.--To be eligible for a grant under this subsection, an entity shall-- ``(A) be a University Center for Excellence in Developmental Disabilities Education, Research and Service or a comparable interdisciplinary entity capable of fulfilling the scope of activities described in section 153 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15063); and ``(B) prepare and submit an application to the Secretary in accordance with paragraph (3). ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application demonstrating the capacity to successfully train an interdisciplinary group of service providers on the best practice guidelines contained in strategic plan under subsection (a). The application shall include additional information, including-- ``(A) the number of trainees, students, or providers expected to be trained under the grant, and in what timeframe; ``(B) the interdisciplinary scope of faculty, staff, mentors, and community-based trainers affiliated with the applicant; ``(C) the ability to provide training services to a culturally diverse set of students and in a culturally competent, culturally sensitive manner; and ``(D) the ability to train providers in underserved areas and to serve underserved populations. ``(4) Grant period and annual evaluation.-- ``(A) Grant period.--Navigator training grants awarded under this subsection shall be for a period of 3 years. The Secretary may renew a grant for an additional 3-year period based on the results of the evaluations submitted under subparagraph (B). ``(B) Annual evaluation.--A grantee under this subsection shall submit to the Secretary an evaluation of progress made during each grant year in achieving the purposes for which the grant was awarded. Such evaluation shall include an analysis of-- ``(i) any performance metrics required by the Secretary; ``(ii) the grantees recruitment of students into the program; and ``(iii) the recruits' cultural diversity and the interdisciplinary nature of their interests or background. ``(5) Longitudinal evaluation.-- ``(A) In general.--The Secretary shall enter into a contract with a third-party organization with expertise in program evaluation for the conduct of an evaluation of the success of grantees under this subsection in meeting the goals of the strategic plan submitted under subsection (a)(2) and their grant application. ``(B) Procedure.--A third-party organization that enters into a contract under subparagraph (A) shall monitor grantees under this subsection and report back to the Secretary with a longitudinal analysis of the effectiveness of the program carried out by the grantee. Such analysis shall include an examination of-- ``(i) whether and to what extent the training regime sufficiently met the goals of the strategic plan under subsection (a)(2); ``(ii) whether and to what extent graduates of the training program are successfully working to provide services to transitional youth in an effective, comprehensive, and appropriate manner; and ``(iii) the long-term efficacy of the program and the strategic plan on increasing and sustaining transitional youth's-- ``(I) enrollment in, and completion of, postsecondary education or vocational training programs; ``(II) participation in integrated, competitive employment; ``(III) continued access to peer support; ``(IV) continued access to, and benefitting from, community-based behavioral supports and interventions; ``(V) consistent access to community-based integrated residential services, housing, and transportation; and ``(VI) continued access to nutrition, health and wellness, recreational, and social activities. ``(6) Supplement.--Activities carried out under a grant under this subsection shall supplement, not supplant, existing programs and activities designed to provide interdisciplinary training to services providers aimed at serving transitional youth. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2014 through 2021.''.
Assistance in Gaining Experience, Independence, and Navigation Act of 2013 or the AGE-IN Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make a grant to a research organization to: (1) conduct a comprehensive analysis of research on the topic of youth and young adults with an autism spectrum disorder or other developmental disability as such individuals age out of the school-based support system (transitioning youth), (2) conduct research on the existing infrastructure for transitioning youth, and (3) develop a comprehensive strategic plan for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. Directs the Secretary to establish a Transition Navigator Grant Program to award multiyear grants to establish and carry out a collaborative, interdisciplinary training and services initiative to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. Provides procedures for evaluation of grantee success in meeting the goal of the strategic plan submitted under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Convention Against Torture Implementation Act of 2005''. SEC. 2. PROHIBITION ON CERTAIN TRANSFERS OF PERSONS. (a) Prohibition.--No person in the custody or control of a department, agency, or official of the United States Government, or of any contractor of any such department or agency, shall be expelled, returned, or extradited to another country, whether directly or indirectly, if-- (1) the country is included on the most recent list submitted to Congress by the Secretary of State under section 3; or (2) there are otherwise substantial grounds for believing that the person would be in danger of being subjected to torture. (b) Exceptions.-- (1) Waivers.-- (A) Authority.--The Secretary of State may waive the prohibition in subsection (a)(1) with respect to a country if the Secretary certifies to the appropriate congressional committees that-- (i) the acts of torture that were the basis for including that country on the list have ended; and (ii) there is in place a mechanism that assures the Secretary in a verifiable manner that a person expelled, returned, or extradited to that country will not be tortured in that country, including, at a minimum, immediate, unfettered, and continuing access, from the point of return, to such person by an independent humanitarian organization. (B) Reports on waivers.-- (i) Reports required.--For each person expelled, returned, or extradited under a waiver provided under subparagraph (A), the head of the appropriate government agency making such transfer shall submit to the appropriate congressional committees a report that includes the name and nationality of the person transferred, the date of transfer, the reason for such transfer, and the name of the receiving country. (ii) Form.--Each report under this subparagraph shall be submitted, to the extent practicable, in unclassified form, but may include a classified annex as necessary to protect the national security of the United States. (2) Extradition or removal.--The prohibition in subsection (a)(1) may not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty or to the legal removal of a person under the immigration laws of the United States if, before such extradition or removal, the person has recourse to a United States court of competent jurisdiction to challenge such extradition or removal on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture in the receiving country. (c) Assurances Insufficient.--Written or verbal assurances made to the United States by the government of a country that persons in its custody or control will not be tortured are not sufficient for believing that a person is not in danger of being subjected to torture for purposes of subsections (a)(2) and (b)(2), or for meeting the requirement of subsection (b)(1)(A)(ii). SEC. 3. REPORTS ON COUNTRIES USING TORTURE. Not later than 30 days after the effective date of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report listing each country where torture is known to be used. The list shall be compiled on the basis of the information contained in the most recent annual report of the Secretary of State submitted to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)). SEC. 4. REGULATIONS. (a) Interim Regulations.--Not later than 60 days after the effective date of this Act, the heads of the appropriate government agencies shall prescribe interim regulations for the purpose of carrying out this Act and implementing the obligations of the United States under Article 3 of the Convention Against Torture, subject to any reservations, understandings, declarations, and provisos contained in the Senate resolution advising and consenting to the ratification of the Convention Against Torture, and consistent with the provisions of this Act. (b) Final Regulations.--Not later than 180 days after interim regulations are prescribed under subsection (a), and following a period of notice and opportunity for public comment, the heads of the appropriate government agencies shall prescribe final regulations for the purposes described in subsection (a). SEC. 5. SAVINGS CLAUSE. Nothing in this Act shall be construed to eliminate, limit, or constrain in any way the obligations of the United States or the rights of any individual under the Convention Against Torture or any other applicable law. SEC. 6. REPEAL OF SUPERSEDED AUTHORITY. Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-277; 8 U.S.C. 1231 note) is repealed. Regulations promulgated under such section that are in effect on the date this Act becomes effective shall remain in effect until the heads of the appropriate government agencies issue interim regulations under section 4(a). SEC. 7. DEFINITIONS. (a) Defined Terms.--In this Act: (1) Appropriate government agencies.--The term ``appropriate government agencies'' means-- (A) the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))); and (B) elements of the Department of State, the Department of Defense, the Department of Homeland Security, the Department of Justice, the United States Secret Service, the United States Marshals Service, and any other Federal law enforcement, national security, intelligence, or homeland security agency that takes or assumes custody or control of persons or transports persons in its custody or control outside the United States, other than those elements listed or designated as elements of the intelligence community under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services, Homeland Security and Government Affairs, Judiciary, Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committees on Armed Services, Homeland Security, Judiciary, International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Convention against torture.--The term ``Convention Against Torture'' means the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984, entered into force on June 26, 1987, signed by the United States on April 18, 1988, and ratified by the United States on October 21, 1994 (T. Doc. 100-20). (4) Expelled person.--A person who is expelled is a person who is involuntarily transferred from the territory of any country, or a port of entry thereto, to the territory of another country, or a port of entry thereto. (5) Extradited person.--A person who is extradited is an accused person who, in accordance with chapter 209 of title 18, United States Code, is surrendered or delivered to another country with jurisdiction to try and punish the person. (6) Returned person.--A person who is returned is a person who is transferred from the territory of any country, or a port of entry thereto, to the territory of another country of which the person is a national or where the person has previously resided, or a port of entry thereto. (b) Same Terms as in the Convention Against Torture.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in the Convention Against Torture, subject to any reservations, understandings, declarations, and provisos contained in the Senate resolution advising and consenting to the ratification of the Convention Against Torture. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date that is 30 days after the date of the enactment of this Act. SEC. 9. CLASSIFICATION IN UNITED STATES CODE. This Act shall be classified to the United States Code as a new chapter of title 50, United States Code.
Convention Against Torture Implementation Act of 2005 - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where torture is known to be used. Prohibits the direct or indirect transfer or return of persons by the United States or any contractor: (1) to a listed country; or (2) if substantial grounds exist for believing a person would be in danger of torture. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Information Technology (IT) Public Utility Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Federal Consolidated Health Information Technology Board established under section 3. (2) RPMS.--The term ``RPMS'' means the Resource and Patient Management System of the Indian Health Service. (3) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (4) VistA.--The term ``VistA'' means the VistA software program utilized by the Department of Veterans Affairs. SEC. 3. FEDERAL CONSOLIDATED HEALTH INFORMATION TECHNOLOGY BOARD. (a) Establishment.--To facilitate the implementation of electronic health record systems among safety-net health care providers (particularly small, rural providers) there shall be established within the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services, a Federal Consolidated Health Information Technology Board. (b) Board of Directors.--The Board shall be administered by a board of directors that shall be composed of the following individuals or their designees: (1) The Secretary. (2) The Under Secretary for Health of the Department of Veterans Affairs. (3) The Director of the Indian Health Service. (4) The Secretary of Defense. (5) The Secretary of Health and Human Services. (6) The Director of the Agency for Healthcare Research and Quality. (7) The Administrator of the Health Resources and Services Administration. (8) The Chairman of the Federal Communications Commission. (c) Duties.--The Board shall-- (1) provide ongoing communication with existing VistA and RPMS user groups to ensure that there is constant interoperability between such groups and to provide for the sharing of innovative ideas and technology; (2) update VistA and RPMS open source software (including health care provider-based electronic health records, personal health records, and other software modules) on a timely basis; (3) implement and administer the 21st Century HIT Grant Program under section 4, including providing for notice in the Federal Register as well as-- (A) determining specific health information technology grant needs based on health care provider settings; (B) developing benchmarks for levels of implementation in each year that 21st Century grant funding is provided; and (C) providing ongoing VistA and RPMS technical assistance to grantees under such program (either through the provision of direct technical support or through the awarding of competitive contracts to other qualified entities); (D) develop mechanisms to integrate VistA and RPMS with records and billing systems utilized under the Medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa et seq.); (4) establish a child-specific electronic health record, consistent with the parameters to be set for child electronic health records as provided for in the American Recovery and Reinvestment Act of 2009, to be used in the Medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act, and under other Federal children's health programs determined appropriate by the board of directors; (5) develop and integrate quality and performance measurement into the VistA and RPMS modules; (6) integrate the 21st Century HIT Grant Program under section 4 with the Federal Communications Commission's Rural Health Care Pilot Program, with Department of Veterans Affairs hospital systems, and with other Federal health information technology health initiatives; and (7) carry out other activities determined appropriate by the board of directors. (d) Annual Audits.--The Comptroller General of the United States shall annually conduct an audit of the activities of the Board during the year and submit the results of such audits to the appropriate committees of Congress. (e) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. 21ST CENTURY HEALTH INFORMATION TECHNOLOGY (HIT) GRANTS. (a) Establishment.--The Board shall establish a grant program, to be known as the 21st Century Health Information Technology (HIT) Grant program, to award competitive grants to eligible safety-net health care providers to enable such providers to fully implement VistA or RPMS with respect to the patients served by such providers. (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall-- (A) be-- (i) a public or nonprofit health care provider (as defined in section 254(h)(7)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)(B)), including-- (I) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools; (II) a community health center receiving a grant under section 330 of the Public Health Service Act (42 U.S.C. 254) or a health center that provides health care to migrants; (III) a local health department or agency, including a dedicated emergency department of rural for-profit hospitals; (IV) a community mental health center; (V) a nonprofit hospital; (VI) a rural health clinic, including a mobile clinic; (VII) a consortia of health care providers, that consists of 1 or more of the entities described in clauses (i) through (vi); and (VIII) a part-time eligible entity that is located in an otherwise ineligible facility (as described in section 5(b); or (ii) a free clinic (as defined in paragraph (4); and (B) submit to the Board as application at such time, in such manner, and containing such information as the Board may require. (2) Non-eligible entities.-- (A) In general.--An entity shall not be eligible to receive a grant under this section if such entity is a for-profit health care entity (except as provided for in paragraph (1)(A)), or any other type of entity that is not described in such paragraph, including-- (i) an entity described in paragraph (1)(A) that is implementing an existing electronic health records system; (ii) an entity that is receiving grant funding under the Federal Communication Commission Rural Health Pilot Program; (iii) an entity receiving funding for health information technology through a Medicaid transformation grant under title XIX of the Social Security Act (42 U.S.C. 1936 et seq.); (iv) a private physician office or clinic; (v) a nursing home or other long-term care facility (such as an assisted living facility); (vi) an emergency medical service facility; (vii) a residential substance abuse treatment facility; (viii) a hospice; (ix) a for-profit hospital; (x) a home health agency; (xi) a blood bank; (xii) a social service agency; and (xiii) a community center, vocational rehabilitation center, or youth center. (B) Other entities.--An entity shall not be eligible to receive a grant under this section if such entity is receiving Medicare or Medicaid incentive funding under any of the amendments made by title IV of division B of the American Recovery and Reinvestment Act of 2009. (3) Preference.--In awarding grant under this section the Board shall give preference to applicants that-- (A) are located in geographical areas that have a greater likelihood of serving the same patients and utilizing interoperability to promote coordinated care management; or (B) demonstrate the greatest need for such award (as determined by the Secretary). (4) Definition.--In this subsection, the term ``free clinic'' means a safety-net health care organization that-- (A) utilizes volunteers to provide a range of medical, dental, pharmacy, or behavioral health services to economically disadvantaged individuals the majority of whom are uninsured or underinsured; and (B) is a community-based tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, or that operates as a program component or affiliate of such a 501(c)(3) organization. An entity that is otherwise a free clinic under this paragraph, but that charge a nominal fee to patients, shall still be considered to be a free clinic if the entity delivers essential services regardless of the patient's ability to pay. (c) Use of Funds.--An entity shall use amounts received under a grant under this section to fully implement the VistA or RPMS with respect to the patients served by such entity. Such implementation shall include at least the meaningful use (as defined by the Secretary of Health and Human Services) of such systems, including any ongoing updates and changes to such definition. (d) Term and Renewal.--A grant under this section shall be for a period of not to exceed 5 years and may be renewed, as determined appropriate by the Board, based on the achievement of benchmarks required by the Board. (e) Annual Reporting.-- (1) By grantees.--Not later than 1 year after the date on which an entity receives a grant under this section, and annually during each year in which such entity has received funds under such grant, such entity shall submit to the Board a report concerning the activities carried out under the grant. (2) By board.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Board shall submit to the appropriate committees of Congress a report concerning the activities carried out under this section, including-- (A) a description of the grants that have been awarded under this section and the purposes of such grants; (B) specific implementation information with respect to activities carried out by grantees; (C) the costs and savings achieved under the program under this section; (D) a description of any innovations developed by health care providers as a result of the implementation of activities under this grant; (E) a description of the results of grant activities on patient care quality measurement (including reductions in medication errors and the provision of care management); (F) a description of the extent of electronic health record use across health care provider settings; (G) a description of the extent to which integration of VistA and RPMS with Medicaid and State children's health insurance program billing has been achieved; and (H) any other information determined necessary by the Board. (f) Annual Audits.--The Comptroller General of the United States shall annually conduct an audit of the grant program carried out under this section and submit the results of such audits to the Board and the appropriate committees of Congress. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $2,000,000,000 for each of fiscal years 2010 and 2011; and (2) $1,000,000,000 for each of fiscal years 2012 through 2014. SEC. 5. 21ST CENTURY HEALTH INFORMATION TECHNOLOGY DEMONSTRATION PROGRAM FOR INELIGIBLE ENTITIES. (a) In General.--The Board may use not to exceed 10 percent of the amount appropriate for each fiscal year under section 4(g) to award competitive grants to eligible long-term care providers for the conduct of demonstration projects to implement VistA or RPMS with respect to the individuals served by such providers. (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall-- (A) be a-- (i) nursing home or other long-term care facility (such as an assisted living facility); (ii) a hospice; or (iii) a home health agency; and (B) submit to the Board as application at such time, in such manner, and containing such information as the Board may require, including a description of the manner in which the applicant will use grant funds to implement VistA or RPMS with respect to the individuals served by such applicant to achieve one or more of the following: (i) Improve care coordination and chronic disease management. (ii) Reduce hospitalizations. (iii) Reduce patient churning between the hospital, nursing home, hospice, and home health entity. (iv) Increase the ability of long-term care patients to remain in their homes and communities. (v) Improve patient completion, and provider execution, of advance directives. (2) Noneligibility.--An entity shall not be eligible to receive a grant under this section if such entity is receiving Medicare or Medicaid incentive funding under any of the amendments made by title IV of division B of the American Recovery and Reinvestment Act of 2009. (c) Use of Funds.--An entity shall use amounts received under a grant under this section to implement the VistA or RPMS with respect to the individuals served by such entity. Such implementation shall include at least the meaningful use (as defined by the Secretary of Health and Human Services) of such systems, including any ongoing updates and changes to such definition. (d) Duration.--A grant under this section shall be for a period of not to exceed 3 years, as determined appropriate by the Board. (e) Reporting.--The Board, as part of the report submitted under section 4(e)(2), shall provide comprehensive information on the activities conducted under grants awarded under this section.
Health Information Technology (IT) Public Utility Act of 2009 - Establishes within the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services (HHS) a Federal Consolidated Health Information Technology Board to facilitate the implementation of electronic health record systems among safety-net health care providers, particularly small, rural providers. Sets forth the duties of the Board, which include: (1) ensuring that there is a constant interoperability between VistA (the software program utilized by the Department of Veterans Affair [VA]) and the RPMS (the Resource and Patient Management System of the Indian Health Service); (2) updating VistA and RPMS open source software on a timely basis; (3) establishing a child-specific electronic health record; and (4) developing and integrating quality and performance measurements. Directs the Board to establish the 21st Century Health Information Technology (HIT) Grant Program to award competitive grants to eligible safety-net health care providers to enable such providers to fully implement VistA or RPMS with respect to the patients served by such providers. Directs the Board to give preference to applicants that: (1) are located in geographical areas that have a greater likelihood of serving the same patients and utilizing interoperability to promote coordinated care management; or (2) demonstrate the greatest need for such award. Authorizes the Board to award competitive grants to eligible long-term care providers for demonstration projects to implement VistA or RPMS with respect to the individuals served by such providers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroes at Home Act of 2007''. SEC. 2. PROTOCOL FOR ASSESSMENT AND DOCUMENTATION OF COGNITIVE FUNCTIONING OF EACH DEPLOYED MEMBERS OF THE ARMED FORCES. (a) Protocol Required.--The Secretary of Defense shall establish a protocol for the assessment and documentation of the cognitive (including memory) functioning of each member of the Armed Forces before each such member is deployed in Operation Enduring Freedom or Operation Iraqi Freedom, to facilitate the assessment of the cognitive (including memory) functioning of each such member upon returning from such deployment. (b) Diagnosis of Traumatic Brain Injury and Post Traumatic Stress Disorder.-- (1) In general.--The Secretary shall ensure that the protocol required by subsection (a) provides appropriate mechanisms to permit the differential diagnosis of traumatic brain injury (TBI) and post traumatic stress disorder (PTSD) in members of the Armed Forces who return from deployment in Operation Enduring Freedom or Operation Iraqi Freedom. (2) Additional purposes.--Except as provided in subsection (d), the Secretary may use the protocol for such other purposes as the Secretary considers appropriate. (c) Neurocognitive Assessments.-- (1) In general.--The protocol required by subsection (a) shall include the administration of computer-based neurocognitive assessments to members of the Armed Forces. (2) Frequency.--The assessments required by paragraph (1) shall be administered at least once to each member of the Armed Forces-- (A) before deploying to Operation Enduring Freedom or Operation Iraqi Freedom; and (B) upon returning from such deployment. (3) Development of assessment.--In developing the computer- based assessment required by paragraph (1), the Secretary may use or adopt a current commercial product or develop a new computer-based assessment. (4) Format of assessment.--The format of the assessments required by paragraph (1) shall be the same for each administration described in paragraph (2). (d) Prohibition on Use of Protocol To Determine Deployment Readiness.--The Secretary may not use the result of any assessment that is part of the protocol required by subsection (a) to determine the deployment readiness of any member of the Armed Forces. (e) Availability of Medical Data.--The Secretary shall make available such medical data on the cognitive (including memory) functioning of members of the Armed Forces who are deployed in Operation Enduring Freedom or Operation Iraqi Freedom that is obtained from the protocol required by subsection (a) as the Secretary considers appropriate to-- (1) combat medics and other Department of Defense personnel who provide medical services to such members; and (2) such entities as the Secretary considers appropriate. (f) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Defense to carry out this section amounts as follows: (1) For fiscal year 2008, $3,750,000. (2) For fiscal years 2009 through 2012, such sums as may be necessary. SEC. 3. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. (a) Program on Training and Certification of Family Caregiver Personal Care Attendants.--The Secretary of Veterans Affairs shall establish a program on training and certification of family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b) Location.--The program required by subsection (a) shall be located in each of the polytrauma centers of the Department of Veterans Affairs designated as a Tier I polytrauma center. (c) Training Curricula.-- (1) In general.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, develop curricula for the training of personal care attendants described in subsection (a). Such curricula shall incorporate applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations. (2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (d) Program Participation.-- (1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the program required by subsection (a). (2) Basis for determination.--A determination made under paragraph (1) shall be based on the clinical needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f) Costs of Training.-- (1) Training of families of veterans.--Any costs of training provided under the program under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2) Training of families of members of the armed forces.-- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the program under this section for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g) Construction.--Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran. SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Telehealth and Telemental Health Demonstration Project.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive (including memory) functioning of members and former members of the Armed Forces who have sustained head trauma, in order to improve the diagnosis and treatment of traumatic brain injury. (2) Location.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the demonstration project required by paragraph (1) at one or more locations selected by the Secretaries for purposes of the demonstration project. (B) Priority for rural areas.--In selecting locations to carry out the demonstration project required by paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall give priority to locations that would provide service in a rural area. (3) Requirements.--The demonstration project required by paragraph (1) shall include the following: (A) The use of telehealth technology to assess the cognitive (including memory) functioning of a member or former member of the Armed Forces, including the following: (i) Obtaining information regarding the nature of any brain injury incurred by such member or former member. (ii) Assessing any symptoms of traumatic brain injury in such member or former member. (B) The use of telehealth technology to rehabilitate members or former members of the Armed Forces who have traumatic brain injury, and the use, to the extent practicable, of applicable standards and protocols used by certification programs of national brain injury care specialist organizations in order to assess progress in such rehabilitation. (C) The use of telehealth technology to disseminate education material to members and former members of the Armed Forces and the family members of such members on techniques, strategies, and skills for caring for and assisting such members, and to the extend practicable, such education materials shall incorporate training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (4) Use of proven technologies.--Any assessment administered as a part of the demonstration project required by paragraph (1) shall incorporate telemental health technology that has proven effective in the diagnosis and treatment of mental health conditions associated with traumatic brain injury. (5) Administration.-- (A) In general.--The demonstration project required by paragraph (1) shall be administered under the joint incentives program and carried out pursuant to section 8111(d) of title 38, United States Code. (B) Funding.--Amounts to carry out the demonstration project shall be derived from amounts in the DOD-VA Health Care Sharing Incentive Fund established under paragraph (2) of such section. (6) Report.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the demonstration project required by paragraph (1). (B) Submission with annual joint report.--The report required by subparagraph (A) shall be submitted to Congress at the same time as the annual joint report required by section 8111(f) of title 38, United States Code, for the fiscal year following the fiscal year of the date of the enactment of this Act. (b) Ongoing Study on Telehealth and Telemental Health Services.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall, through the Joint Executive Council (JEC) of the Department of Defense and the Department of Veterans Affairs, conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (2) Matters studied.--The matters studied under paragraph (1) shall include the following: (A) The number of members and former members of the Armed Forces who have used telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (B) The extent to which members of the National Guard and the Reserves are utilizing telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (C) The ways in which the Department of Defense and the Department of Veterans Affairs can improve the integration of telehealth and telemental health services with clinical medicine. (D) The extent to which telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs are provided in rural settings and through community-based outpatient clinics (CBOCs). (E) Best practices of civilian mental health providers and facilities with respect to the provision of telehealth and telemental health services, including how such practices can be adopted to improve telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (F) The feasability and advisability of partnering with civilian mental health facilities to provide telehealth and telemental health services to members and former members of the Armed Forces. (3) Annual reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the findings of the Joint Executive Counsel under this subsection during the preceding year. SEC. 5. DEFINITIONS. In this Act: (1) The term ``national brain injury care specialist organization'' means a national organization or association with demonstrated experience in providing training, education, and technical assistance in the provision of care for individuals with brain injury. (2) The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding). (3) The term ``traumatic brain injury'' means an acquired injury to the brain, including brain injuries caused by anoxia due to trauma and such other injuries as the Secretary considers appropriate, except that such term excludes brain dysfunction caused by-- (A) congenital or degenerative disorders; or (B) birth trauma.
Heroes at Home Act of 2007 - Directs the Secretary of Defense to establish a protocol for the assessment and documentation of the cognitive (including memory) functioning of each member of the Armed Forces deployed in Operations Enduring Freedom or Iraqi Freedom before such deployment in order to facilitate their cognitive functioning upon their return. Directs the Secretary of Veterans Affairs to establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury. Authorizes such Secretaries to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs, respectively.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2005''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179B the following new section: ``SEC. 179C. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by inserting after subparagraph (I) the following new subparagraph: ``(J) expenditures for which a deduction is allowed under section 179C.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179B'' each place it appears in the heading and text and inserting ``179B, or 179C''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by inserting after paragraph (31) the following new paragraph: ``(32) to the extent provided in section 179C(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179C,'' after ``179B,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.
Public Safety and Protection Investment Act of 2005 - Amends the Internal Revenue Code to allow individual and corporate taxpayers to expense (i.e., claim a full tax deduction in the current taxable year) the costs of purchasing and installing certain qualifying security devices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Denali Commission Act Amendments Act of 2007''. SEC. 2. AUTHORITIES AND DUTIES OF THE DENALI COMMISSION. (a) Establishment of Commission.--Section 303(b) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(5) Limitation.--No member of the Commission appointed under paragraph (1), other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.''. (b) Powers of the Commission.--Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(e) Matching Funds.--The Commission may accept, use, and dispose of matching funds provided by public and private sources for projects approved by the Commission.''. (c) Commission Personnel Matters.--Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``Each member'' and inserting the following: ``(1) In general.--Except as provided in paragraph (4), each member''; (B) in the second sentence, by striking ``The Federal'' and inserting: ``(2) Rate of pay.--The Federal''; (C) in the third sentence, by striking ``All members'' and inserting the following: ``(3) Federal employees.--All members''; and (D) by adding at the end the following: ``(4) Exception.--Each member of the Commission who is not an officer or employee of the Federal Government may elect to waive compensation under paragraph (1).''; and (2) in subsection (c)(1)-- (A) by striking ``regulations,'' and inserting ``regulations--''; (B) by striking ``appoint'' and all that follows through the period at the end and inserting the following: ``(A) appoint such personnel as may be necessary to enable the Commission to perform the duties of the Commission; and ``(B) terminate the personnel appointed under subparagraph (A).''. (d) Economic Development Committee.--The Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) by redesignating the second section 310 (relating to the Economic Development Committee) as section 311; and (2) in section 311 (as redesignated by paragraph (1)), by striking ``shall'' each place it appears and inserting ``may''. SEC. 3. SPECIAL FUNCTIONS OF THE DENALI COMMISSION. Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(f) Training Program.-- ``(1) In general.--The Secretary of Labor is authorized to make direct lump sum payments to the Commission to be used to carry out a training program on careers associated with infrastructure development and long-term stability in rural Alaska. ``(2) Priorities.--The training program authorized under paragraph (1) shall focus on the following priorities: ``(A) Training for construction, operations, and maintenance of Commission projects. ``(B) Management training relating to the operation of Commission projects. ``(C) Initiatives for Alaskan youths to encourage careers that support Commission projects. ``(D) Training for construction, operations, and maintenance for public infrastructure projects. ``(3) Availability.--Amounts made available to the Commission under this subsection shall remain available until expended. ``(g) Teacher Housing.-- ``(1) In general.--In carrying out the functions of the Commission under this Act, the Commission shall, as appropriate, provide assistance to address the housing needs of teachers in rural Alaska. ``(2) Authorized activities.--In providing assistance under paragraph (1), the Commission may assist in housing development activities, including, but not limited to-- ``(A) the acquisition, rehabilitation, and new construction of housing; and ``(B) multisite rehabilitation.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 310(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking ``for fiscal years 2000, 2001, 2002, and 2008'' and inserting ``for each of fiscal years 2009 through 2014.''. SEC. 5. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 take effect on the date of enactment of this Act. (b) Authorization of Appropriations.--The amendment made by section 4 takes effect on October 1, 2008.
Denali Commission Act Amendments Act of 2007 - Amends the Denali Commission Act of 1998 to provide that no member of the Commission, other than the Federal Co-chairperson, shall be considered to be a federal employee. Authorizes the Commission to accept, use, and dispose of matching funds provided by public and private sources for projects approved by the Commission. Provides that each Commission member who is not a federal employee may elect to waive compensation. Authorizes (current law requires) the Federal Co-chairperson to appoint an Economic Development Committee consisting of specified representatives. Authorizes the Secretary of Labor to make direct lump sum payments to the Commission to be used to carry out a training program on careers associated with infrastructure development and long-term stability in rural Alaska. Requires the program to focus on: (1) training for construction, operations, and maintenance of Commission projects; (2) management training relating to the operation of Commission projects; (3) initiatives for Alaskan youths to encourage careers that support Commission projects; and (4) training for construction, operations, and maintenance for public infrastructure projects. Directs the Commission to provide assistance to address the housing needs of teachers in rural Alaska. Authorizes the Commission to assist in housing development activities. Authorizes appropriations through FY2014.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. SEC. 2. GREAT LAKES RESEARCH COUNCIL. Subsection (d) of section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended to read as follows: ``(d) Great Lakes Research Council.-- ``(1) Definitions.--As used in this subsection: ``(A) Council.--The term `Council' means the Great Lakes Research Council established under paragraph (2). ``(B) Great lakes.--The term `Great Lakes' means-- ``(i) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and Lake Superior; ``(ii) the connecting waters of the lakes listed in clause (i), including the St. Mary's River, the St. Clair River, Lake St. Clair, the Detroit River, and the Niagara River; and ``(iii) the St. Lawrence River. ``(C) Great lakes research.--The term `Great Lakes research' means the application of scientific or engineering expertise to explain, understand, and predict the physical, chemical, biological, and socioeconomic processes, and their interactions, in the Great Lakes ecosystem. ``(2) Establishment.--There is established a Great Lakes Research Council. ``(3) Duties of the council.--The Council shall-- ``(A) not later than 12 months after the date of enactment of this subparagraph, prepare and provide to Congress and other interested parties, a report that-- ``(i) promotes the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving protection of the ecosystem of the Great Lakes and the goals of the Great Lakes Water Quality Agreement; ``(ii) assesses the research activities needed to fulfill the Great Lakes Water Quality Agreement goals; ``(iii) assesses Federal expertise and capabilities existing on the date of enactment of this clause in activities needed to fulfill the Great Lakes Water Quality Agreement goals, including an inventory of existing Federal Great Lakes research programs, projects, facilities, and personnel; ``(iv) recommends long-term and short-term research priorities for Federal research on the Great Lakes, based on a comparison of the assessments conducted under clauses (ii) and (iii), and programs existing on the date of enactment of this clause; and ``(v) describes coordination efforts with Canada; ``(B) identify topics for, and participate in, meetings, workshops, symposia, and conferences on Great Lakes research issues; ``(C) make recommendations for the uniform collection and storage of data for enhancing research and management protocols relating to the protection and restoration of the physical, biological, and chemical integrity of the Great Lakes ecosystem; ``(D) consider and make recommendations with respect to the establishment of a comprehensive, multimedia database for the Great Lakes ecosystem; and ``(E) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government be disseminated in a timely manner, and in useful forms, to interested persons, using as much as possible existing mechanisms such as the Great Lakes Research Inventory prepared by the International Joint Commission. ``(4) Membership of the council.-- ``(A) In general.--The Council shall be comprised of 1 research manager with extensive knowledge, scientific expertise, and experience in the Great Lakes ecosystem from each of the following organizations: ``(i) The Environmental Protection Agency. ``(ii) The National Oceanic and Atmospheric Administration. ``(iii) The Fish and Wildlife Service. ``(iv) The Coast Guard. ``(v) Any other relevant Federal department, agency, or instrumentality, as determined by the Council membership. ``(B) Non-voting members.--Any other person who is not a Federal employee may serve as a non-voting member of the Council, at the request of the Council membership. ``(5) Chairperson.--The members of the Council shall elect a Chairperson from among the members of the Council appointed pursuant to paragraphs (4)(A) (i), (ii), and (iii). The Chairperson shall serve a term of 2 years but may not serve for more than 2 consecutive terms. ``(6) Travel expenses.--Each member of the Council who is not an employee of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees 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 services for the Council. ``(7) Interagency cooperation.--The head of each department, agency, or other instrumentality of the Federal Government that is represented on the Council-- ``(A) may, upon written request of the Chairperson, make available, on a reimbursable basis or otherwise, personnel, services, or facilities as may be necessary to assist the Council in achieving the purposes of this subsection; and ``(B) shall, upon written request from the Chairperson, furnish data or other information necessary to achieve the purposes of this subsection. ``(8) Effect on other laws.--Nothing in this subsection is intended to amend, restrict, or otherwise alter the authority of any Federal department, agency, or instrumentality, under any law, to undertake Great Lakes research activities.''.
Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to establish a Great Lakes Research Council to: (1) prepare and provide to the Congress a report that promotes coordination of Federal research activities with respect to achieving protection of the Great Lakes and assesses and makes recommendations concerning research activities needed to fulfill the goals of the Great Lakes Water Quality Agreement; (2) identify topics for and participate in workshops and conferences on Great Lakes research issues; (3) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (4) make recommendations for the establishment of a multimedia data base for the ecosystem; and (5) ensure that findings and information regarding such research is disseminated in a timely manner.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012''. SEC. 2. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008. (a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (s) by inserting ``Puerto Rico,'' after ``Guam,'', and (2) in subsection (u)(3) by inserting ``Puerto Rico,'' after ``Guam,''. (b) Eligible Households.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (b) by inserting ``Puerto Rico,'' after ``Guam,'', (2) in subsection (c)(1) by striking ``and Guam'' and inserting ``Guam, and Puerto Rico,'', and (3) in subsection (e)-- (A) in paragraph (1)(A) by inserting ``Puerto Rico,'' after ``Hawaii,'' each place it appears, and (B) in paragraph (6)(B) by inserting ``Puerto Rico,'' after ``Guam,''. (c) Consolidated Block Grants.--Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A) by inserting ``until the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012,'' after ``(A)'', (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (i) by striking ``and'' at the end, and (II) in clause (ii)-- (aa) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', (bb) by striking the period at the end and inserting ``; and'', and (cc) by adding at the end the following: ``(iii) subject to the availability of appropriations under section 18(a), for each fiscal year beginning on or after the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012, 0.4 percent of the aggregate amount specified in clause (i) and adjusted under clause (ii), as further adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30 of the penultimate fiscal year preceding such effective date and June 30 of the fiscal year for which the adjustment is made under this clause.'', (ii) in subparagraph (B)(i) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', and (iii) in subparagraph (C)-- (I) by inserting ``(i)'' before ``For'', (II) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', and (III) by adding at the end the following: ``(ii) For each fiscal year beginning on or after the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012, the Secretary shall use 100 percent of the funds made available under subparagraph (A) for payment to American Samoa to pay 100 percent of the expenditures by American Samoa for a nutrition assistance program extended under section 601(c) of Public Law 96-597 (48 U.S.C. 1469d(c)).'', and (C) in paragraph (3) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``year'', and (2) in subsection (b)(1)(A) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``year'' the first place it appears. SEC. 3. SUBMISSION OF PLAN; APPROVAL OF RETAIL FOOD STORES; CERTIFICATION BY SECRETARY OF AGRICULTURE. (a) Submission of Plan by Puerto Rico.-- (1) Submission and review of plan of operation.--If an agency of the kind described in section 3(t)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)(1)) is designated by Puerto Rico and submits to the Secretary of Agriculture (hereinafter in this section referred to as the Secretary) a request to participate in the supplemental nutrition program under such Act and a plan of operation of the kind described in section 11 of such Act, the Secretary shall determine whether Puerto Rico and such agency satisfy the requirements that would apply under such Act for approval of such plan if Puerto Rico were 1 of the several States. (2) Determination by secretary.--The Secretary shall approve such plan if Puerto Rico and such agency satisfy such requirements. If the Secretary does not approve such plan, the Secretary shall provide a statement that specifies each of such requirements that is not satisfied by such plan. (b) Approval of Retail Food Stores in Puerto Rico.--If the Secretary approves the plan of operation submitted under subsection (a), then the Secretary shall accept from retail food stores located in Puerto Rico applications of the kind described in section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) for approval to participate in the supplemental nutrition assistance program proposed in such plan. (c) Submission of Certification to the Congress.--If the Secretary-- (1) approves the plan of operation submitted under subsection (a), and (2) approves under subsection (b) the applications of a number of retail food stores located in Puerto Rico requesting to participate in the supplemental nutrition assistance program that would be sufficient to satisfy the requirements of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) if Puerto Rico were 1 of the several States requesting to participate in the supplemental nutrition assistance program under such Act, then the Secretary shall submit to the Congress a certification that Puerto Rico qualifies to participate in such program as if Puerto Rico were a State as defined in section 3(s) of such Act. SEC. 4. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Special Effective Date.--The amendments made by section 2 shall take effect on October 1 of the 1st fiscal year that begins more than 1 year after the Secretary of Agriculture submits to the Congress the certification described in section 3(c).
Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to: (1) include Puerto Rico in the definition of state for purposes of supplemental nutrition assistance program (SNAP, formerly food stamp) eligibility, and (2) remove Puerto Rico from the consolidated block grant program upon the effective date of the amendments made by this Act. Provides for the application by, and approval of, retail food stores in Puerto Rico for program participation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Thermal Energy Efficiency Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) approximately 40 percent of the total quantity of energy consumed in the United States is used in heating and air conditioning buildings and industrial process heat; (2) thermal energy is an essential, but often overlooked, segment of the national energy mix; (3) district energy systems use 1 or more central plants to provide thermal energy or combined heat and power to multiple buildings that range in size from campus applications to systems heating entire towns or cities; (4) district energy systems provide several advantages that support secure, affordable, renewable, and sustainable energy for the United States, including-- (A) fuel flexibility to reduce fossil fuel consumption and greenhouse gas emissions; (B) use of local fuels that keep jobs and energy dollars in local economies; (C) stable, predictable energy costs for businesses and industry; and (D) reduction in reliance on fossil fuels; (5) district energy systems provide infrastructure to produce and distribute thermal energy and use electric energy from sources of industrial surplus heat and from renewable sources, such as biomass, geothermal, and solar; (6) as of 2009, the United States had approximately 2,500 operating district energy systems; (7) combined heat and power systems increase energy efficiency of power plants by capturing thermal energy and using the thermal energy to provide heating and cooling, more than doubling the efficiency of conventional power plants; and (8) according to the Oak Ridge National Laboratory, if the United States was able to increase combined heat and power from approximately 9 percent of total electric generation capacity on the date of enactment of this Act to 20 percent by 2030, the increase would-- (A) save as much energy as half of all household energy consumption; (B) create approximately 1,000,000 new jobs; (C) avoid more than 800,000,000 metric tons of carbon dioxide emissions annually, which is equivalent to taking \1/2\ of all United States passenger vehicles off the road; and (D) save hundreds of millions of barrels of oil equivalent. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Combined heat and power.--The term ``combined heat and power'' means simultaneous generation of electric energy and heat in a single, integrated system, with an overall efficiency of 60 percent or higher based on a higher-heating value basis. (3) District energy system.--The term ``district energy system'' means a system that provides thermal energy from 1 or more central plants to at least 2 or more buildings through a network of pipes to provide steam, hot water, or chilled water to be used for space heating, air conditioning, domestic hot water, compression, process energy, or other end uses for the thermal energy. (4) Eligible entity.--The term ``eligible entity'' means-- (A) an institutional entity; (B) a commercial or industrial entity; or (C) a Federal agency or facility. (5) Fund.--The term ``Fund'' means the Thermal Energy Efficiency Fund established by section 4(a). (6) Institutional entity.--The term ``institutional entity'' means-- (A) an institution of higher education; (B) a public school district; (C) a local government; (D) a State government; (E) a tribal government; (F) a municipal utility; or (G) a nonprofit or public hospital; or (H) a designee of 1 of the entities described in subparagraphs (A) through (G). (7) Qualifying project.--The term ``qualifying project'' means a district energy, combined heat and power, or recoverable waste energy project that (in accordance with guidance issued by the Secretary)-- (A) reduces or avoids greenhouse gas emissions; and (B)(i) produces thermal energy from renewable energy resources (such as biomass, geothermal, and solar resources) and natural cooling sources (such as cold lake or ocean water sources); (ii) captures and productively uses thermal energy from an existing electric generation facility; (iii) provides for the capture and productive use of thermal energy in a new electric generation facility; (iv) integrates new electricity generation into an existing district energy system; (v) captures and productively uses surplus thermal energy from an industrial or municipal process (such as wastewater treatment); or (vi) distributes and transfers to buildings the thermal energy from the energy sources described in clauses (i) through (v). (8) Recoverable waste energy.--The term ``recoverable waste energy'' means electrical, thermal, or mechanical energy that-- (A) may be recovered or generated through modification of an existing facility or addition of a new facility; and (B) if not for that recovery, would be wasted. (9) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. THERMAL ENERGY EFFICIENCY FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the ``Thermal Energy Efficiency Fund''. (b) Allocation.--If a program for the regulation of greenhouse gas emissions is established by Federal law (including regulations) for any of calendar years 2012 through 2050 and emission allowances are allocated under the program, the Administrator shall allocate to the Fund 2 percent of the quantity of emission allowances established for the calendar year. (c) Auctioning.--The Administrator shall auction all of the emission allowances allocated to the Fund for a calendar year under subsection (b). (d) Deposits.--The Administrator shall deposit all proceeds of auctions conducted pursuant to subsection (c), immediately on receipt of those proceeds, in the Fund. SEC. 5. GRANTS FOR QUALIFYING PROJECTS. (a) In General.--For each calendar year during which a program described in section 4(b) is in effect, the Secretary shall use amounts in the Fund, without further appropriation, to make competitive grants to eligible entities to carry out qualifying projects in accordance with this section, as determined by the Secretary. (b) Use Allocation.--Of the amount of grants that are made available for each of calendar years 2012 through 2050 under this section, the Secretary shall use-- (1) at least 75 percent of the amount to make grants to support infrastructure construction and development for qualifying projects; (2) at least 15 percent of the amount to make grants to support planning, engineering, and feasibility studies for qualifying projects; and (3) the remainder to make grants described in paragraph (1) or (2), as determined by the Secretary. (c) Recipient Allocation.--Of the amount of grants that are made available for each of calendar years 2012 through 2050 under this section, the Secretary shall use-- (1) at least 40 percent of the amount to make grants to institutional entities to carry out qualifying projects; (2) at least 40 percent of the amount to make grants to industrial and commercial entities to carry out qualifying projects; and (3) the remainder to make grants described in paragraph (1) or (2) or to fund qualifying projects carried out by Federal agencies or facilities, as determined by the Secretary. (d) Matching Requirements.--To be eligible to obtain a grant, a recipient (other than a Federal agency or facility) shall provide matching funds in an amount equal to at least-- (1) in the case of each of calendar years 2012 through 2017, 25 percent of the amount of the grant; and (2) in the case of each of calendar years 2018 through 2050, 50 percent of the amount of the grant. SEC. 6. COMBINED HEAT AND POWER. It is the goal of the United States that by calendar year 2030, 20 percent or more of the total electrical power capacity of the United States be met through combined heat and power.
Thermal Energy Efficiency Act of 2009 - Establishes in the Treasury a Thermal Energy Efficiency Fund. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) allocate to the Fund 2% of the quantity of emission allowances established for any of calendar years 2012-2050 under any program for the regulation of greenhouse gas emissions that is established by federal law; (2) auction all of the emission allowances allocated to the Fund for a calendar year; and (3) deposit all proceeds of such auctions into the Fund. Directs the Secretary of Energy (DOE), for each calendar year during which such a program is in effect, to use amounts in the Fund to make competitive grants to eligible entities (including state and local governments, commercial or industrial entities, and federal agencies) to carry out qualifying district energy, combined heat and power, or recoverable waste energy projects. Establishes as a goal of the United States to meet 20% or more of total U.S. electrical power capacity through combined heat and power by calendar year 2030.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2000''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS UNDER THE MEDICARE FEE-FOR- SERVICE PROGRAM. (a) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new sections: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2001) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2000), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2000), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted. ``improvements in collection and use of hospital wage data ``Sec. 1898. (a) Collection of Data.-- ``(1) In general.--The Secretary shall establish procedures for improving the methods used by the Secretary to collect data on employee compensation and paid hours of employment for hospital employees by occupational category. ``(2) Timeframe.--The Secretary shall implement the procedures described in paragraph (1) by not later than 180 days after the date of enactment of the Rural Health Protection and Improvement Act of 2000. ``(b) Adjustment to Hospital Wage Level.--By not later than 1 year after the date of enactment of the Rural Health Protection and Improvement Act of 2000, the Secretary shall make necessary revisions to the methods used to adjust payments to hospitals for different area wage levels under section 1886(d)(3)(E) to ensure that such methods take into account the data described in subsection (a)(1). ``(c) Limitation.--To the extent possible, in making the revisions described in subsection (b), the Secretary shall ensure that current rules regarding which hospital employees are included in, or excluded from, the determination of the hospital wage levels are not effected by such revisions. ``(d) Budget Neutrality.--The Secretary shall ensure that any revisions made under subsection (b) do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if the Secretary had not made such revisions.''.
Requires the Secretary to: (1) establish procedures for improving methods to collect wage and hour data on hospital employees by occupational category; and (2) revise the methods used to adjust payments to hospitals for different area wage levels to ensure that such data are taken into account.
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SECTION 1. FEDERAL DATA CENTER CONSOLIDATION. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) Data center.-- (A) Definition.--The term ``data center'' means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Administrator in the ``Implementation Guidance for the Federal Data Center Consolidation Initiative'' memorandum, issued on March 19, 2012. (B) Authority to modify definition.--The Administrator may promulgate guidance or other clarifications to modify the definition in subparagraph (A) in a manner consistent with this Act, as the Administrator determines necessary. (b) Federal Data Center Consolidation Inventories and Plans.-- (1) In general.-- (A) Annual reports.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of the agency that is described in subparagraph (E), assisted by the chief information officer of the agency, shall submit to the Administrator-- (i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and (ii) an updated consolidation plan that includes-- (I) a technical roadmap and approach for achieving the agency's targets for infrastructure utilization, energy efficiency (including performance benchmarks such as Power Utilization Effectiveness and use of Energy Star-rated equipment), cost savings and efficiency; (II) a detailed timeline for implementation of the data center consolidation plan; (III) quantitative utilization and efficiency goals for reducing assets, improving energy and efficiency, and improving use of information technology infrastructure; (IV) performance metrics by which the progress of the agency toward data center consolidation goals can be measured, including metrics to track any gains in energy utilization as a result of this initiative; (V) an aggregation of year-by-year investment and cost savings calculations for 5 years past the date of submission of the cost saving assessment, including a description of any initial costs for data center consolidation and life cycle cost savings; (VI) quantitative progress towards previously stated goals including cost savings (including savings measured on a total cost of ownership basis) and increases in operational efficiencies and utilization; and (VII) any additional information required by the Administrator. (B) Use of existing reporting structures.--The Administrator may require the agency described in subparagraph (E) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act. (C) Certification.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of the agency, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act. (D) Inspector general report.-- (i) In general.--The Inspector General for the agency described in subparagraph (E) shall release a public report not later than 6 months after the date on which the agency releases the first updated asset inventory in fiscal year 2015 under subparagraph (A)(i), which shall evaluate the completeness of the inventory of the agency. (ii) Agency response.--The head of the agency shall respond to the report completed by the Inspector General for the agency under clause (i), and complete any inventory identified by the Inspector General for the agency as incomplete, by the time the agency submits the required inventory update for fiscal year 2016. (E) Agency described.--The agency described in this paragraph is the Department of Energy, including all agencies under the jurisdiction of the Department of Energy. (F) Agency implementation of consolidation plans.-- The agency described in subparagraph (E), under the direction of the chief information officer of the agency shall-- (i) implement the consolidation plan required under subparagraph (A)(ii); and (ii) provide to the Administrator annual updates on implementation and cost savings (including life cycle costs) and efficiency improvements realized through such consolidation plan. (2) Administrator responsibilities.--The Administrator shall-- (A) establish the deadline, on an annual basis, for agencies to submit information under this section; (B) ensure that each certification submitted under paragraph (1)(C) and each agency consolidation plan submitted under paragraph (1)(A)(ii) is made available in a timely manner to the general public; (C) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete; (D) monitor the implementation of the data center consolidation plan of the agency described in paragraph (1)(A)(ii); and (E) update the cumulative cost savings projection on an annual basis as the savings are realized through the implementation of the agency plans. (3) Cost saving goal and updates for congress.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, or by September 30th of fiscal year 2015, whichever is later, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings. (B) Annual update.-- (i) In general.--Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2019, the Administrator shall publish a report on the actual savings achieved through the Federal Data Center Consolidation Initiative as compared to the projected savings developed under subparagraph (A) (based on data collected from the agency under paragraph (1)). (ii) Update for congress.--The report required under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by the agency described in paragraph (1)(E) on-- (I) whether the agency has in fact submitted a comprehensive asset inventory; (II) whether the agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii); and (III) the progress, if any, of the agency on implementing the consolidation plan of the agency. (iii) Request for reports.--Upon request from the Committee on Energy and Natural Resources of the Senate or the Committee on Energy and Commerce of the House of Representatives, the head of the agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii). (4) GAO review.--The Comptroller General of the United States shall, on an annual basis, publish a report on-- (A) the quality and completeness of the agency's asset inventory and consolidation plans required under paragraph (1)(A); (B) the agency's progress on implementation of the consolidation plans submitted under paragraph (1)(A); (C) overall planned and actual cost savings realized through implementation of the consolidation plans submitted under paragraph (1)(A); (D) any steps that the Administrator could take to improve implementation of the data center consolidation initiative; and (E) any matters for Congressional consideration in order to improve or accelerate the implementation of the data center consolidation initiative. (5) Response to gao.-- (A) In general.--If a report required under paragraph (4) identifies any deficiencies or delays in any of the elements described in subparagraphs (A) through (E) of paragraph (4) for the agency, the head of the agency shall respond in writing to the Comptroller General of the United States, not later than 90 days after the date on which the report is published under paragraph (4), with a detailed explanation of how the agency will address the deficiency. (B) Additional requirements.--If the Comptroller General identifies that the agency has repeatedly lagged in implementing the data center consolidation initiative, the Comptroller General may require that the head of the agency submit a statement explaining-- (i) why the agency is having difficulty implementing the initiative; and (ii) what structural or personnel changes are needed within the agency to address the problem. (c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.--The agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including-- (1) applicable provisions found within the Federal Risk and Authorization Management Program of the General Services Administration; and (2) guidance published by the National Institute of Standards and Technology. (d) Classified Information.--The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community. (e) Sunset.--This Act is repealed effective on October 1, 2019.
Requires the Department of Energy (DOE), assisted by its chief information officer, to submit each year, beginning in FY2015 through FY2019, to the Office of E-Government and Information Technology of the Office of Management and Budget: (1) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of DOE; and (2) an updated consolidation plan for such data centers. Requires the DOE Inspector General to issue a public report evaluating the completeness of the DOE asset inventory. Requires the Office of E-Government and Information Technology to: (1) establish the deadline, on an annual basis, for agencies to submit information required by this Act; (2) develop and publish a goal for the total amount of planned cost savings through the Federal Data Center Consolidation Initiative during a five-year period and report on the actual savings achieved through the Initiative; and (3) report to Congress on DOE data center cost savings. Directs the Government Accountability Office to publish an annual report on DOE asset inventory and consolidation plans and DOE's implementation of such plans. Requires DOE to migrate to cloud computing in a manner consistent with federal guidelines on cloud computing security, including applicable provisions in the Federal Risk and Authorization Management Program of the General Services Administration and guidance published by the National Institute of Standards and Technology. Authorizes the Director of National Intelligence to waive requirements of this Act for any element of the intelligence community. Repeals this Act effective on October 1, 2019.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2003''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems or otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `treatment methods' means the treatment of the contents of ballast water tanks, including the sediments within such tanks, to remove or destroy living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; ``(C) thermal methods; or ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.-- (A) In general.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 120 days after the date of enactment of this Act. (B) Timetable for implementation.--The advanced notice of proposed rulemaking shall contain a detailed timetable for-- (i) the implementation of treatment methods determined to be technologically available and cost-effective at the time of the publication of the advanced notice of proposed rulemaking; and (ii) the development, testing, evaluation, approval, and implementation of additional technologically innovative treatment methods. (2) Issuance of final regulations.--The Secretary shall issue final regulations-- (A) with respect to the implementation of treatment methods referred to in paragraph (1)(B)(i), by not later than 270 days after the date of enactment of this Act; and (B) with respect to the additional technologically innovative treatment methods referred to in paragraph (1)(B)(ii), by not later than the earlier of-- (i) the date established by the timetable under paragraph (1)(B) for implementation of such methods; or (ii) 720 days after the date of enactment of this Act.
Great Lakes Ecology Protection Act of 2003 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to issue regulations to: (1) prevent the introduction and spread of aquatic nuisance species within the Great Lakes; and (2) among other things require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of such species.Requires the Secretary to maximize public participation in proposed rulemaking with respect to such regulations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Integrity Act of 2017''. SEC. 2. COMPLIANCE OF MEDICAL FACILITIES WITH REQUIREMENTS RELATING TO SCHEDULING OF APPOINTMENTS FOR HOSPITAL CARE AND MEDICAL SERVICES. (a) Annual Certification.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the director of each medical facility of the Department of Veterans Affairs annually certifies to the Secretary that-- (A) the medical facility is in full compliance with all regulations and other provisions of law relating to scheduling appointments for veterans to receive hospital care or medical services, including Veterans Health Administration Directive 1230 or any successor directive; and (B) any official data on wait times for appointments to receive hospital care or medical services submitted by the director to the Secretary during the year preceding the submittal of the certification is true and accurate to the best of the director's knowledge. (2) Prohibition on waiver.--The Secretary may not waive any regulation or other provision of law described in paragraph (1) for a medical facility of the Department if such regulation or other provision of law otherwise applies to the medical facility. (b) Explanation of Noncompliance.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, the director shall submit to the Secretary a report containing-- (1) an explanation of why the director is unable to make such certification; and (2) a description of the actions the director is taking to ensure full compliance with the regulations and other provisions of law described in such subsection. (c) Prohibition on Bonuses Based on Noncompliance.-- (1) In general.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, no covered official described in paragraph (2) may receive an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title or title 38, United States Code, during the year following the year in which the certification was not made. (2) Covered official described.--A covered official described in this paragraph is each official who serves in the following positions at a medical facility of the Department during a year, or portion thereof, for which the director does not make a certification under subsection (a)(1): (A) The director. (B) The chief of staff. (C) The associate director. (D) The associate director for patient care. (E) The deputy chief of staff. (d) Annual Report.--Not less frequently than annually, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing, with respect to the year covered by the report-- (1) a list of each medical facility of the Department for which a certification was made under subsection (a)(1); and (2) a list of each medical facility of the Department for which such a certification was not made, including a copy of each report submitted to the Secretary under subsection (b). SEC. 3. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall apply the directives and policies of the Department of Veterans Affairs to each office or facility of the Department in a uniform manner. (b) Notification.--If the Secretary does not uniformly apply the directives and policies of the Department pursuant to subsection (a), including by waiving such a directive or policy with respect to an office, facility, or element of the Department, the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives of such nonuniform application, including an explanation for the nonuniform application. SEC. 4. REQUIREMENT FOR APPOINTMENT AND CONFIRMATION OF CERTAIN OFFICIALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Principal Deputy Under Secretary for Health.--Subsection (c) of section 7306 of title 38, United States Code, is amended to read as follows: ``(c)(1) Except as provided in paragraph (2), appointments under subsection (a) shall be made by the Secretary. ``(2) Appointments under subsection (a)(1) shall be made by the President, by and with the advice and consent of the Senate. ``(3) In the case of appointments under paragraphs (1), (2), (3), (4), and (8) of subsection (a), such appointments shall be made upon the recommendation of the Under Secretary for Health.''. (b) Other Deputy Under Secretary Positions.-- (1) In general.--Notwithstanding any other provision of law, the Deputy Under Secretary for Health for Operations and Management of the Department of Veterans Affairs, the Deputy Under Secretary for Health for Policy and Services of the Department, the Principal Deputy Under Secretary for Benefits of the Department, the Deputy Under Secretary for Disability Assistance of the Department, and the Deputy Under Secretary for Field Operations of the Department shall be appointed by the President, by and with the advice and consent of the Senate. (2) Rule of construction.--Nothing in this subsection shall be construed to authorize the establishment of any new position within the Department of Veterans Affairs. (c) Application.--Subsection (b) and the amendment made by subsection (a) shall apply to appointments made on and after the date of the enactment of this Act.
Veterans' Health Care Integrity Act of 2017 This bill directs the Department of Veterans Affairs (VA) to ensure that the director of each VA medical facility annually certifies that: (1) the facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans hospital care and medical services, and (2) any official data on appointment wait times is accurate. The VA may not waive any applicable provision of such laws or regulations. If unable to make such certification, a director shall provide the VA with an explanation of any noncompliance and a description of compliance actions being taken. If a director does not make a certification for any year, each covered official may not receive specified awards or bonuses during the subsequent year. "Covered officials" are a facility's director, chief of staff, associate director, associate director for patient care, and deputy chief of staff. The VA shall ensure that its directives and policies apply to, and are implemented by, each VA office or facility in a uniform manner. The following VA positions shall be appointed by the President with the advice and consent of the Senate: (1) Deputy Under Secretary for Health for Operations and Management, (2) Deputy Under Secretary for Health for Policy and Services, (3) Principal Deputy Under Secretary for Benefits, (4) Deputy Under Secretary for Disability Assistance, and (5) Deputy Under Secretary for Field Operations.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Diversity in Media Act of 1993''. (b) References.--References in this Act to ``the Act'' are references to the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC. 2. FINDINGS. The Congress finds that-- (1) the Communications Act of 1934 was enacted to ensure that the allocation of the various broadcast media would promote the expression of diverse opinions and the rapid and vigorous exchange of information; (2) the Federal Communications Commission has formulated policies to promote diversity in the ownership and management of broadcast media; (3) the United States Supreme Court has affirmed the constitutionality of the Federal Communications Commission's policies to promote diversity; and (4) it is therefore necessary to codify and to extend the policies and procedures that promote diversity in the ownership, management, and programming of the broadcast media. SEC. 3. FINDINGS AND PURPOSES REGARDING DISCRIMINATION. The Act is amended by inserting after section 2 thereof the following new section: ``findings and purposes regarding discrimination ``Sec. 2A. (a) The Congress hereby finds that-- ``(1) minority and female Americans have been and continue to be unjustly deprived of full participation in the common carrier, private radio, and broadcasting communications services regulated under this Act; ``(2) an efficient American telecommunications industry is of grave importance to the interstate and foreign commerce of the Nation; ``(3) minority and female Americans have not fully participated as employees or owners of telecommunications facilities and this lack of participation greatly decreases the efficiency of the American telecommunications industry; ``(4) participation by minority and female Americans as owners or employees of telecommunications facilities materially contributes to the diversity of information available to the public through these facilities; ``(5) such participation promotes the public interest not only in expression of diverse opinions, but in promoting the sense of self-esteem and integrity that is essential to reducing racial tensions and social conflicts and motivating individuals to seek and take productive places in society; and ``(6) reliance on indirect structural regulation of diversity of ownership and control is an important and reasonable method to carry out the fundamental objectives of the First Amendment in promoting free and open expression of diverse opinions. ``(b) It is a purpose of this Act to provide for greater diversity of ownership and control of telecommunications in the domestic and international marketplace by requiring persons subject to regulation under this Act to develop and implement equal opportunity programs as part of their employment practices.''. SEC. 4. DEFINITIONS. Section 3 of the Act (47 U.S.C. 153) is amended by adding at the end thereof the following new paragraphs: ``(hh) `Minority' means American Indians and Alaska Natives; Asians and Pacific Islanders; Blacks, not of Hispanic origin; and Hispanics. ``(ii) An entity is `owned or controlled' by members of a minority or by women if-- ``(1) in the case of a sole proprietorship, the sole proprietor is a member of a minority or is a woman; ``(2) in the case of a partnership, a majority of the equity interest held by general partners is held by members of a minority or women, and the general partners hold at least 20 percent of the equity interest in the partnership; ``(3) in the case of a corporation with only one class of voting securities, a majority of the voting securities are held by members of a minority or women; and ``(4) in the case of a corporation with more than one class of voting securities, members of a minority or women hold securities controlling a majority of the votes and representing at least 20 percent of the equity interest in the corporation.''. SEC. 5. ANNUAL REPORT ON OWNERSHIP AND CONTROL BY MINORITIES AND WOMEN. Section 303 of the Act (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(v) Require, by regulation, that each holder of a license or permit for any media of mass communications submit to the Commission an annual report describing, in such detail as that regulation may require, the proportion of the ownership and control of such holder that is held by minorities and women.''. SEC. 6. PREFERENCES AND ENHANCEMENTS IN COMPARATIVE SELECTIONS. Section 309(e) of the Act is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end thereof the following new paragraphs: ``(2) When the Commission has so designated for a comparative hearing two or more mutually exclusive applications, the Commission-- ``(A) determines if an applicant is entitled to prevail based on the extent to which selection of the applicant will increase diversification of ownership; ``(B) determines, if an applicant is not so entitled to prevail, if an applicant is entitled to prevail based on the extent to which the ownership and management of the applicant are functionally integrated; and ``(C) determines, if an applicant is not so entitled to prevail, the applicant that, based on the factors reviewed under subparagraphs (A) and (B), will best promote the public interest, convenience, and necessity. ``(3) In evaluating which applicants will increase diversification under paragraph (2)(A), the Commission shall-- ``(A) award a demerit based on the extent of ownership in other media of mass communication; and ``(B) award an enhancement credit based on the extent to which the applicant is owned or controlled by minorities or women. ``(4) In evaluating applicants' integration of ownership and management under paragraph (2)(B), the Commission shall award enhancement credits for the following characteristics (listed in descending order of the magnitude of the credit which may be awarded): ``(A) the extent to which the applicant is owned or controlled by minorities or women; ``(B) the extent of the applicant's past local residence and participation in local civic affairs; and ``(C) the extent to which the applicant has previous broadcast or other business experience transferable to broadcasting.''. SEC. 7. PREFERENCES AND ENHANCEMENTS IN CONNECTION WITH RANDOM SELECTIONS. (a) Definition of Media of Mass Communication.--Section 309(i)(3)(C)(i) of the Act is amended-- (1) by inserting after ``direct broadcast satellite service,'' the following: ``instructional television fixed service, operational fixed and fixed satellite services (if used for mass media purposes),''; and (2) by inserting before the period at the end thereof the following: ``, without regard to whether such services are distributed for a fee or whether the reception system is individually addressed''. (b) Definition of System of Random Selection.--Section 309(i)(3)(C) is further amended by adding at the end thereof the following new paragraph: ``(iii) The term `system of random selection' includes any selection system that uses chance, in whole or in part, to select one applicant from a group or pool of qualified applicants, without regard to whether that selection system is used alone or in conjunction with any other mechanism (such as a point system, comparative hearing, or other method) as a tie-breaker.''. (c) Restrictions on Selection Criteria Used in Conjunction With Random Selections.--Section 309(i)(4) of the Act is amended by adding at the end thereof the following: ``(C) If the Commission establishes any point system, comparative criteria, or other selection criteria for use in conjunction with a system of random selection to select among mutually exclusive applicants for licenses for media of mass communication, each such point system, comparative criteria, or other selection system shall provide for the granting of a significant preference or enhancement to any applicant that is owned or controlled by members of a minority group or by women.''. SEC. 8. TAX CERTIFICATES AND DISTRESS SALES. Title I of the Act is amended by adding at the end thereof the following new section: ``SEC. 9. TAX CERTIFICATES AND DISTRESS SALES. ``(a) Issuance of Certificate.--When determining whether to approve an application for consent by the Commission to an assignment of a license or construction permit or to a transfer of control of a corporate licensee or permittee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee that is owned or controlled by members of a minority or by women, the Commission, after determining the qualifications of the applicant under section 308(b), shall issue a tax certificate under section 1071 of the Internal Revenue Code of 1954 (relating to gain from sale or exchange to effectuate policies of Federal Communications Commission) if the Commission finds such action to be consistent with section 2A. ``(b) Findings Required.--When considering a license which has been designated for a revocation hearing, or a license renewal application which has been designated for hearing, the Commission shall permit the licensee to assign or transfer its license to an applicant that is owned or controlled by members of a minority or by women, if-- ``(1) the applicant is qualified under section 308(b); ``(2) the maximum percentage of the fair market value, as of the date of the filing of the application for transfer or assignment, or as of the date of designation, whichever is lower, of the facility to be paid by the assignee or transferee for the facility does not exceed-- ``(A) 75 percent, if the assignment or transfer is proposed after designation for hearing but before the hearing begins; ``(B) 50 percent, if the assignment or transfer is proposed after the first prehearing conference but before the order of the administrative law judge involved; or ``(C) 25 percent, if the assignment or transfer is proposed after such order but before a final ruling of the Commission denying the license renewal or revoking the license; and ``(3) there has been no final ruling of the Commission denying the license renewal or revoking the license.''. SEC. 9. EQUAL EMPLOYMENT OPPORTUNITY. Title I of the Act is further amended by adding after section 8 the following new section: ``SEC. 10. EQUAL EMPLOYMENT OPPORTUNITY. ``(a) Application of Section.--This section shall apply to the following: ``(1) licensees or permittees of commercially operated amplitude modulation, frequency modulation, television, or international broadcast stations, and licensees or permittees of public broadcast stations; ``(2) commercially operated amplitude modulation, frequency modulation, television, or international broadcast networks, and public broadcast station networks; ``(3) common carriers; ``(4) satellite operators, licensees, and permittees, whether licensed as a broadcaster, common carrier, or private or other service; and ``(5) headquarters operations of any of the entities listed in paragraph (1) through paragraph (4). ``(b) Equal Opportunity Required.--Equal opportunity in employment shall be afforded by each entity specified in subsection (a) to all qualified persons, and no person shall be discriminated against in employment because of race, color, religion, national origin, age, or sex. ``(c) Program Required.--Any entity specified in subsection (a) which has 5 or more employees shall establish, maintain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employment policy and practice. Under the terms of its programs, it shall-- ``(1) define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; ``(2) inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; ``(3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; ``(4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, national origin, age, or sex, from its personnel policies and practices and working conditions; and ``(5) conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational units, occupations, and levels of responsibility. ``(d) Regulations Required.-- ``(1) Not later than 180 days after the date of enactment of this section, and after notice and opportunity for hearing, the Commission shall prescribe rules to carry out this section. ``(2) Such rules shall specify the terms under which an entity specified in subsection (a) shall, to the extent possible-- ``(A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business; ``(B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation; ``(C) train minority and female employees, interns, or both, or provide assistance to minority educational institutions and educational institutions for women so that they can provide such training, except that such requirement is not mandatory for entities specified in subsection (a) with fewer than fifteen full-time employees; ``(D) evaluate its employment profile and job turnover against the availability of minorities and women in its labor recruitment area; ``(E) undertake to offer promotions of minorities and women to positions of greater responsibility; ``(F) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and ``(G) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. ``(3) Such rules also shall require an entity specified in subsection (a) to file an annual statistical report identifying by race and sex the number of employees in each of the following full-time and part-time job categories: (A) Corporate Manager; (B) General Manager; (C) Chief technician; (D) Comptroller; (E) General Sales Manager; (F) Production Manager; (G) Managers; (H) Professionals; (I) Technicians; (J) Sales; (K) Office and Clerical; (L) Skilled Craftsperson; (M) Semiskilled Operators; (N) Unskilled Laborers; (O) Service Workers.''. SEC. 11. REPORT TO CONGRESS. Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) 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) such information and data as may be of value in determining the extent to which minorities and women have participated, and will, under the rules and policies of the Commission, have opportunities to participate, as employees and owners of telecommunications facilities;''. SEC. 12. ADDITIONAL PROVISIONS. Section 309 of the Communications Act of 1934 is further amended by adding at the end thereof the following new subsection: ``(j)(1) Consistent with the objective of promoting diversity of ownership of the media of mass communications, the Commission shall include, in any criteria used to limit number, eligibility, or the community (of license) of applications for new licenses for media of mass communications (as that term is used in subsection (i) of the Act), provisions that will increase the diversity of the ownership among the new licenses granted. ``(2) When specifying application acceptance requirements for AM clear-channel stations, the Commission shall accept all technically qualified applications which are owned or controlled by members of a minority or by women. ``(3) As used in paragraph (2) of this subsection, the term `AM clear-channel stations' means new unlimited-time stations, nighttime operation by an authorized daytime station, or a major change in facilities resulting in operation on an AM channel (A) on which a dominant station or stations render service over a wide area and (B) which is cleared of objectionable interference within its primary service area and over all or a substantial portion of its secondary service areas.''. HR 1611 IH----2
Diversity in Media Act of 1993 - Amends the Communications Act of 1934 to require holders of mass communications licenses to submit to the Federal Communications Commission (FCC) an annual report describing the proportion of ownership and control of such licensee that is held by minorities and women. Outlines situations under which the FCC may award a communications license to a party on the basis of increasing diversification of media ownership or promotion of the public interest. Provides either demerits or credits to license applicants based on their history of minority and women ownership and control. Requires the FCC to issue a tax certificate for assignment of a license or transfer of control of a corporate licensee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee owned or controlled by members of a minority or women if such action is consistent with increasing the participation of minorities and women as employees or owners of telecommunications facilities. Prohibits discrimination in employment by: (1) licensees of commercially operated or public broadcast stations or networks; (2) common carriers; (3) satellite operators; and (4) the headquarters of any of these entities. Establishes a program within such entities to ensure equal employment policies, including the filing with the FCC of an equal employment opportunity program by applicants for a construction permit, assignment of a license, transfer of control, or license renewal. Requires: (1) reports to the FCC by covered entities concerning equal opportunity programs of the entities; and (2) reports to the Congress by the FCC on women and minority participation as employees and owners of telecommunications facilities.
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SECTION 1. ELIMINATION OF ANNUAL CAP ON AMOUNT OF MEDICARE PAYMENT FOR OUTPATIENT PHYSICAL THERAPY AND OCCUPATIONAL THERAPY SERVICES. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by striking subsection (g). (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 1994. SEC. 2. EXTRA-BILLING LIMITS. (a) Enforcement and Uniform Application.-- (1) Enforcement.--Paragraph (1) of section 1848(g) of the Social Security Act (42 U.S.C. 1395w-4(g)) is amended to read as follows: ``(1) Limitation on actual charges.-- ``(A) In general.--In the case of a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis with respect to a physician's service furnished to an individual enrolled under this part, the following rules apply: ``(i) Application of limiting charge.--No such physician, supplier, or person may bill or collect an actual charge for the service in excess of the limiting charge described in paragraph (2) for such service. ``(ii) No liability for excess charges.--No person is liable for payment of any amounts billed for the service in excess of such limiting charge. ``(iii) Correction of excess charges.--If such a physician, supplier, or other person bills, but does not collect, an actual charge for a service in violation of clause (i), the physician, supplier, or other person shall reduce on a timely basis the actual charge billed for the service to an amount not to exceed the limiting charge for the service. ``(iv) Refund of excess collections.--If such a physician, supplier, or other person collects an actual charge for a service in violation of clause (i), the physician, supplier, or other person shall provide on a timely basis a refund to the individual charged in the amount by which the amount collected exceeded the limiting charge for the service. The amount of such a refund shall be reduced to the extent the individual has an outstanding balance owed by the individual to the physician, supplier, or other person. ``(B) Sanctions.--If a physician, supplier, or other person-- ``(i) knowingly and willfully bills or collects for services in violation of subparagraph (A)(i) on a repeated basis, or ``(ii) fails to comply with clause (iii) or (iv) of subparagraph (A) on a timely basis, the Secretary may apply sanctions against the physician, supplier, or other person in accordance with paragraph (2) of section 1842(j). The provisions of section 1842(j)(4) shall apply for purposes of this paragraph except that any reference in such section to a physician is deemed also to include a reference to a supplier or other person under this subparagraph. ``(C) Timely basis.--For purposes of this paragraph, the term `on a timely basis', means not later than 30 days after the date the physician, supplier, or other person is notified by the carrier under this part of a violation of the requirements of subparagraph (A).''. (2) Uniform application of extra-billing limits to physicians' services.-- (A) In general.--Section 1848(g)(2)(C) of the Social Security Act (42 U.S.C. 1395w-4(g)(2)(C)) is amended by inserting ``or for nonparticipating suppliers or other persons'' after ``nonparticipating physicians''. (B) Conforming definition.--Section 1842(i)(2) of the Social Security Act (42 U.S.C. 1395u(i)(2)) is amended-- (i) by striking ``, and the term'' and inserting ``; the term'', and (ii) by inserting before the period at the end the following: ``; and the term `nonparticipating supplier or other person' means a supplier or other person (excluding a provider of services) that is not a participating physician or supplier (as defined in subsection (h)(1))''. (3) Additional conforming amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (A) in subsection (a)(3)-- (i) by inserting ``and suppliers'' after ``physicians'', (ii) by inserting ``or a nonparticipating supplier or other person (as defined in section 1842(i)(2))'' after ``nonparticipating physician'', and (iii) by adding at the end the following: ``In the case of physicians' services (including services which the Secretary excludes pursuant to subsection (j)(3)) of a nonparticipating physician, supplier, or other person for which payment is made under this part on a basis other than the fee schedule amount, the payment shall be based on 95 percent of the payment basis for services of such type which are furnished by a participating physician, supplier, or other person.''; (B) in subsection (g)(1)(A), as amended by subsection (a), in the matter before clause (i), by inserting ``(including services which the Secretary excludes pursuant to subsection (j)(3))'' after ``a physician's service''; (C) in subsection (g)(2)(D), by inserting ``(or, if payment under this part is made on a basis other than the fee schedule under this section, 95 percent of the other payment basis)'' after ``subsection (a)''; (D) in subsection (g)(3)(B)-- (i) by inserting after the first sentence the following: ``No person is liable for payment of any amounts billed for such a service in violation of the previous sentence.'', and (ii) in the last sentence, by striking ``previous sentence'' and inserting ``first sentence''; and (E) in subsection (h)-- (i) by inserting ``or nonparticipating supplier or other person'' after ``physician'' the first place it appears, (ii) by inserting ``, supplier, or other person'' after ``physician'' the second place it appears, and (iii) by inserting ``, suppliers, and other persons'' after ``physicians'' the second place it appears. (b) Information on Extra-Billing Limits.-- (1) Part of explanation of medicare benefits.--Section 1842(h)(7) of the Social Security Act (42 U.S.C. 1395u(h)(7)) is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) in subparagraph (C), by striking ``shall include'' and by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(D) in the case of services for which the billed amount exceeds the limiting charge imposed under section 1848(g), information regarding such limiting charge (including information concerning the right to a refund under section 1848(g)(1)(A)(iv)).''. (2) Determinations by carriers.--Subparagraph (G) of section 1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)) is amended to read as follows: ``(G) for a service that is furnished with respect to an individual enrolled under this part, that is not paid on an assignment-related basis, and that is subject to a limiting charge under section 1848(g), will-- ``(i) determine, prior to making payment, whether the amount billed for such service exceeds the limiting charge applicable under section 1848(g)(2); ``(ii) notify the physician, supplier, or other person periodically (but not less often than once every 30 days) of determinations that amounts billed exceeded such limiting charges; and ``(iii) provide for prompt response to inquiries of physicians, suppliers, and other persons concerning the accuracy of such limiting charges for their services;''. (c) Report on Charges in Excess of Limiting Charge.--Section 1848(g)(6)(B) of the Social Security Act (42 U.S.C. 1395w-4(g)(6)(B)) is amended by inserting ``on the extent to which actual charges exceed limiting charges, the number and types of services involved, and the average amount of excess charges and'' after ``report to the Congress''. (d) Effective Dates.-- (1) Enforcement and uniform application.--The amendments made by subsection (a) shall apply to services furnished on or after January 1, 1994. (2) Explanations.--The amendments made by subsection (b)(1) shall apply to explanations of benefits provided on or after January 1, 1994, except that the requirement for including information concerning the right to a refund shall apply to explanations of benefits provided on or after July 1, 1994. (3) Carrier determinations.--The amendments made by subsection (b)(2) shall apply to contracts as of January 1, 1994. (4) Report.--The amendment made by subsection (c) shall apply to reports for years beginning after 1994.
Amends title XVIII (Medicare) of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Revises the limitation on beneficiary liability for payment of any amounts billed in excess of the applicable limiting charge for physician services. Applies such limitation to nonparticipating suppliers and other persons, as well as nonparticipating physicians. Includes in the Secretary of Health and Human Services' annual explanation of Medicare benefits information on refunds of such amounts. Makes carriers responsible for determining, prior to making payment, whether the amount billed for services is in excess of the applicable limiting charge and, if so, notifying the physician or other providers as appropriate. Requires the reports to the Congress on changes in excess charges for physician services to reflect additional information on the services involved.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Fraudulent and Imitation Drugs Act of 2006''. SEC. 2. COUNTERFEIT-RESISTANT TECHNOLOGIES FOR PRESCRIPTION DRUGS. (a) Required Technologies.--The Secretary of Health and Human Services shall require that the packaging of any prescription drug incorporate-- (1) radio frequency identification (RFID) tagging technology, or similar trace and track technologies that have an equivalent function; (2) tamper-indicating technologies; and (3) blister security packaging when possible. (b) Use of Technologies.-- (1) Authorized uses.--The Secretary shall require that technologies described in subsection (a)(1) be used exclusively to authenticate the pedigree of prescription drugs, including by-- (A) implementing inventory control; (B) tracking and tracing prescription drugs; (C) verifying shipment or receipt of prescription drugs; (D) authenticating finished prescription drugs; and (E) electronically authenticating the pedigree of prescription drugs. (2) Privacy protection.--The Secretary shall prohibit technologies required by subsection (a)(1) from containing or transmitting any information that may be used to identify a health care practitioner or the prescription drug consumer. (3) Prohibition against advertising.--The Secretary shall prohibit technologies required by subsection (a)(1) from containing or transmitting any advertisement or information about prescription drug indications or off-label prescription drug uses. (c) Recommended Technologies.--The Secretary shall encourage the manufacturers and distributors of prescription drugs to incorporate into the packaging of such drugs, in addition to the technologies required under subsection (a), overt optically variable counterfeit- resistant technologies that-- (1) are visible to the naked eye, providing for visual identification of prescription drug authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) are similar to technologies used by the Bureau of Engraving and Printing to secure United States currency; (3) are manufactured and distributed in a highly secure, tightly controlled environment; and (4) incorporate additional layers of non-visible covert security features up to and including forensic capability. (d) Standards for Packaging.-- (1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of prescription drugs, the Secretary shall require manufacturers of prescription drugs to incorporate the technologies described in paragraphs (1), (2), and (3) of subsection (a), and shall encourage manufacturers and distributors of prescription drugs to incorporate the technologies described in subsection (c), into multiple elements of the physical packaging of the drugs, including-- (A) blister packs, shrink wrap, package labels, package seals, bottles, and boxes; and (B) at the item level. (2) Labeling of shipping container.--Shipments of prescription drugs shall include a label on the shipping container that incorporates the technologies described in subsection (a)(1), so that members of the supply chain inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels. (e) Penalty.--A prescription drug is deemed to be misbranded for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) if the packaging or labeling of the drug is in violation of a requirement or prohibition applicable to the drug under subsection (a), (b), or (d). (f) Transitional Provisions; Effective Dates.-- (1) National specified list of susceptible prescription drugs.-- (A) Initial publication.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a list, to be known as the National Specified List of Susceptible Prescription Drugs, consisting of not less than 30 of the prescription drugs that are most frequently subject to counterfeiting in the United States (as determined by the Secretary). (B) Revision.--Not less than annually through the end of calendar year 2009, the Secretary shall review and, as appropriate, revise the National Specified List of Susceptible Prescription Drugs. The Secretary may not revise the List to include fewer than 30 prescription drugs. (2) Effective dates.--The Secretary shall implement the requirements and prohibitions of subsections (a), (b), and (d)-- (A) with respect to prescription drugs on the National Specified List of Susceptible Prescription Drugs, beginning not later than the earlier of-- (i) 1 year after the initial publication of such List; or (ii) December 31, 2007; and (B) with respect to all prescription drugs, beginning not later than December 31, 2010. (3) Authorized uses during transitional period.--In lieu of the requirements specified in subsection (b)(1), for the period beginning on the effective date applicable under paragraph (2)(A) and ending on the commencement of the effective date applicable under paragraph (2)(B), the Secretary shall require that technologies described in subsection (a)(1) be used exclusively to verify the authenticity of prescription drugs. (g) Definitions.--In this Act: (1) The term ``pedigree''-- (A) means the history of each prior sale, purchase, or trade of the prescription drug involved to a distributor or retailer of the drug (including the date of the transaction and the names and addresses of all parties to the transaction); and (B) excludes information about the sale, purchase, or trade of the drug to the drug consumer. (2) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (3) The term ``Secretary'' means the Secretary of Health and Human Services.
Reducing Fraudulent and Imitation Drugs Act of 2006 - Directs the Secretary of Health and Human Services to require prescription drug packaging to incorporate: (1) radio frequency tagging technology or similar trace and track technologies; (2) tamper-indicating technologies; and (3) blister security packaging when possible. Directs the Secretary to: (1) require that such technologies be used exclusively to authenticate the pedigree of prescription drugs; and (2) prohibit such technologies from containing or transmitting any identifying information of a health care practitioner or consumer, or any advertisement or information about indications or off-label uses. Requires the Secretary to encourage prescription drug manufacturers and distributors to incorporate: (1) overt optically variable counterfeit-resistant technologies into packaging; and (2) required prescription drug packaging technologies into multiple elements of the physical packaging of the drugs. Requires prescription drug shipments to include a label on the shipping container that incorporates packaging technologies. Deems a prescription drug to be misbranded if the packaging or labeling of the drug is in violation of a requirement or prohibition of this Act. Requires the Secretary to publish the National Specified List of Susceptible Prescription Drugs, consisting of not less than 30 of the most frequently counterfeited prescription drugs in the United States.
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SECTION 1. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Stutsman County Park Board in Jamestown, North Dakota. (2) Game and fish headquarters.--The term ``game and fish headquarters'' means the land depicted as ``Game and Fish Headquarters'' on the Map. (3) Jamestown reservoir.--The term ``Jamestown Reservoir'' means the Jamestown Reservoir constructed as a unit of the Missouri-Souris Division, Pick-Sloan Missouri Basin Program, as 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). (4) Management agreement.--The term ``Management Agreement'' means the management agreement entitled ``Management Agreement between the United States of America and Stutsman County Park Board for the Management, Development, Operation and Maintenance of Recreation and Related Improvements and Facilities at Jamestown Reservoir Stutsman County, North Dakota'', numbered 15-LM-60-2255, and dated February 17, 2015. (5) Map.--The term ``Map'' means the map prepared by the Bureau of Reclamation, entitled ``Jamestown Reservoir'', and dated May 2018. (6) Permitted cabin land.--The term ``permitted cabin land'' means the land depicted as ``Permitted Cabin Lands'' on the Map. (7) Property.--The term ``property'' means any cabin site located on permitted cabin land for which a permit is in effect on the date of enactment of this Act. (8) Recreation land.--The term ``recreation land'' means the land depicted as ``Recreation and Public Purpose Lands'' on the Map. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (10) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Game and Fish Department. SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD. (a) Conveyances to Stutsman County Park Board.-- (1) In general.--Subject to the management requirements of paragraph (3) and the easements and reservations under section 4, not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the Board all right, title, and interest of the United States in and to-- (A) the recreation land; and (B) the permitted cabin land. (2) Costs.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall convey the land described in paragraph (1) at no cost. (B) Title transfer; land surveys.--As a condition of the conveyances under paragraph (1), the Board shall agree to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in paragraph (1). (3) Management.-- (A) Recreation land.--The Board shall manage the recreation land conveyed under paragraph (1)-- (i) for recreation and public purposes consistent with the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.); (ii) for public access; (iii) for fish and wildlife habitat; or (iv) to preserve the natural character of the recreation land. (B) Permitted cabin land.--The Board shall manage the permitted cabin land conveyed under paragraph (1)-- (i) for cabins or recreational residences in existence as of the date of enactment of this Act; or (ii) for any of the recreation land management purposes described in subparagraph (A). (4) Haying and grazing.--With respect to recreation land conveyed under paragraph (1) that is used for haying or grazing authorized by the Management Agreement as of the date of enactment of this Act, the Board may continue to permit haying and grazing in a manner that is permissible under the 1 or more haying or grazing contracts in effect as of the date of enactment of this Act. (b) Reversion.--If a parcel of land conveyed under subparagraph (A) or (B) of subsection (a)(1) is used in a manner that is inconsistent with the requirements described in subparagraph (A) or (B), respectively, of subsection (a)(3), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (c) Sale of Permitted Cabin Land by Board.-- (1) In general.--If the Board sells any parcel of permitted cabin land conveyed under subsection (a)(1)(B), the parcel shall be sold at fair market value, as determined by a third-party appraiser in accordance with the Uniform Standards of Professional Appraisal Practice, subject to paragraph (2). (2) Improvements.--For purposes of an appraisal conducted under paragraph (1), any improvements on the permitted cabin land made by a permit holder shall not be included in the appraised value of the land. (3) Proceeds from the sale of land by the board.--If the Board sells a parcel of permitted cabin land conveyed under subsection (a)(1)(B), the Board shall pay to the Secretary the amount of any proceeds of the sale that exceed the costs of preparing the sale by the Board. (d) Availability of Funds to the Secretary.--Any amounts paid to the Secretary for land conveyed by the Secretary under this Act shall be made available to the Secretary, subject to the availability of appropriations made in advance, for activities relating to the operation of the Jamestown Dam and Reservoir. SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE. (a) Conveyance of Game and Fish Headquarters.--Not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the State all right, title, and interest of the United States in and to the game and fish headquarters, on the condition that the game and fish headquarters continue to be used as a game and fish headquarters or substantially similar purposes. (b) Reversion.--If land conveyed under subsection (a) is used in a manner that is inconsistent with the requirements described in that subsection, the land shall, at the discretion of the Secretary, revert to the United States. SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS. (a) In General.--Each conveyance to the Board or the State pursuant to this Act shall be made subject to-- (1) valid existing rights; (2) operational requirements of the Pick-Sloan Missouri River Basin Program, as 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), including the Jamestown Reservoir; (3) any flowage easement reserved by the United States to allow full operation of the Jamestown Reservoir for authorized purposes; (4) reservations described in the Management Agreement; (5) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, the United States or a third party; (6) any permit, license, lease, right-of-use, flowage easement, or right-of-way of record in, on, over, or across the applicable property or Federal land, whether owned by the United States or a third party, as of the date of enactment of this Act; (7) a deed restriction that prohibits building any new permanent structure on property below an elevation of 1,454 feet; and (8) the granting of applicable easements for-- (A) vehicular access to the property; and (B) access to, and use of, all docks, boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act. (b) Liability; Taking.-- (1) Liability.--The United States shall not be liable for flood damage to a property subject to a permit, the Board, or the State, or for damages arising out of any act, omission, or occurrence relating to a permit holder, the Board, or the State, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. (2) Taking.--Any temporary flooding or flood damage to the property of a permit holder, the Board, or the State, shall not be considered to be a taking by the United States. SEC. 5. INTERIM REQUIREMENTS. During the period beginning on the date of enactment of this Act and ending on the date of conveyance of a property or parcel of land under this Act, the provisions of the Management Agreement that are applicable to the property or land, or to leases between the State and the Secretary, and any applicable permits, shall remain in force and effect. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
This bill directs the Bureau of Reclamation to provide to the holder of a permit for any cabin site located on specified federal land associated with the Jamestown Reservoir, North Dakota, the first option to purchase that property for fair market value, provided that the permittee pays to the Stutsman County Park Board any outstanding permit fees. Reclamation shall convey such property and sole use perpetual easements for access to such property to a permittee who elects such option. The conveyance shall end five years after this bill's enactment. If a permittee fails to exercise the option to purchase within five years, the commissioner shall transfer the property to the board without cost. If the board sells such a property within three years after such a transfer, it shall pay all proceeds in excess of its costs to Reclamation. Five years after the date of enactment of this bill, Reclamation shall transfer, without cost: (1) to the board federal land associated with the reservoir and managed by the board on which no cabin is located; and (2) to the North Dakota Game and Fish Department land leased by such department as of that date. Each conveyance to a permittee, and each transfer to the board or department, shall be made subject to specified oil, gas, and other mineral rights, and specified permits, reversions, and easements. Any revenues from a sale of federal land shall be made available to the commissioner, without further appropriation, for: (1) the costs to the commissioner of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the reservoir.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Slave Memorial Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Millions of Africans and their descendants were enslaved in the United States and the 13 American colonies in the period 1619 through 1865. (2) The American Colonies determined that economic benefit would be derived from the import of slave labor and forthwith became an active participant in the ``Middle Passage'' of African slaves to its shores. (3) Upon their arrival in North America, Africans were considered chattel and thereby denied the privileges granted to other immigrants. (4) The agricultural resources of any nation are the backbone of its subsistence and for over 250 years, millions of unnamed African and American-born Black men, women, and children provided the free labor that cultivated the fields from which Americans ate and were clothed, which allowed the dominant population to secure other interests. (5) Slavery was a grave injustice that caused African Americans to suffer enormous damages and losses, both material and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity. (6) Slavery in the United States denied African Americans the fruits of their own labor and was an immoral and inhumane deprivation of life, liberty, the pursuit of happiness, citizenship rights, and cultural heritage. (7) Although the achievements of African Americans in overcoming the evils of slavery stand as a source of tremendous inspiration, the successes of slaves and their descendants do not overwrite the failure of the Nation to grant all Americans their birthright of equality and the civil rights that safeguard freedom. (8) Many African American slaves fought as valiant patriots in the wars that helped to preserve our national freedoms, knowing they would never be privileged to partake of the freedoms for which they fought. (9) African American art, history, and culture reflect experiences of slavery and freedom, and continued struggles for full recognition of citizenship and treatment with human dignity, and there is inadequate presentation, preservation, and recognition of the contributions of African Americans within American society. (10) There is a great need for building institutions and monuments to promote cultural understanding of African American heritage and further enhance racial harmony. (11) It is proper and timely for the Congress to recognize June 19, 1865, the historic day when the last group of slaves were informed of their freedom, to acknowledge the historic significance of the abolition of slavery, to express deep regret to African Americans, and to support reconciliation efforts. SEC. 3. NATIONAL SLAVE MEMORIAL. (a) In General.--The National Foundation for African American Heritage (in this Act referred to as the ``Foundation''), in consultation with the Secretary of the Interior, is authorized to establish, in the District of Columbia, a memorial to slavery-- (1) to acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American Colonies; and (2) to honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty contribution to the United States. (b) Location.-- (1) Sense of congress.--It is the sense of the Congress that the memorial should be situated within the area that is referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area I, and in proximity to the Lincoln Memorial. (2) Determination.--The Secretary of the Interior and the National Capital Memorial Commission shall determine a location for the memorial by not later than 6 months after the date of enactment of this Act. (c) Design.--The Foundation, in consultation with the Secretary of the Interior, and the National Capital Memorial Commission shall-- (1) not later than 6 months after the date of enactment of this Act, begin soliciting proposals for the design of the memorial from architects; and (2) not later than 2 years after the date of enactment of this Act, select a design for the memorial from the proposals submitted to the Secretary. (d) Funding.-- (1) In general.--The Secretary of the Interior, in coordination with the Director of the Smithsonian Institution, may accept donations of any necessary funds from the Foundation and other private sector sources to design, construct, and maintain the memorial. (2) Account in treasury.--The Secretary shall deposit amounts that are accepted under this subsection into a separate account in the Treasury established for such purpose. Amounts deposited into the account shall be available for expenditure by the Secretary without further appropriation to carry out this Act. SEC. 4. REPORTS. (a) Periodic Reports.--Not later than 6 months after the date of enactment of this Act, and each 6 months thereafter until the submission of a final report under subsection (b), the Secretary of the Interior shall transmit to the Congress a report on activities with regard to the memorial. (b) Final Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a final report on activities with regard to the memorial, including the recommended design of the memorial. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to subsection (b), there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for carrying out this Act. (b) Limitation.--No sums may be appropriated to the Secretary for the construction of the memorial unless at least one-half of the estimated total cost of the construction of the memorial is donated from private sources pursuant to section 3(d).
National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution.Expresses the sense of Congress that the memorial should be situated in a specified area near the Lincoln Memorial. Requires the Secretary of the Interior and the National Capital Memorial Commission to determine a location for the memorial.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pima County Land Adjustment Act''. SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON AND SAHUARITA PROPERTIES, ARIZONA. (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest of Las Cienegas Conservation, LLC, in and to the Empirita-Simonson property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest of the United States in and to the Sahuarita property. (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson property, the Secretary shall modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property. (c) Time for Exchange.--Except as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in section 4(a) are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in section 4(c)(1) for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Cash Equalization Payment.-- (1) In general.--If the values of lands to be exchanged under this section are not equal, they shall be equalized by the payment of cash to the Secretary or Las Cienegas Conservation, LLC, as the circumstances dictate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Disposition and use of funds.--Notwithstanding any other provision of law, any cash equalization payment received by the Secretary under this section shall be deposited into a separate account in the Treasury, which shall be available to the Secretary, without further appropriation and until expended, solely for the purpose of-- (A) the acquisition of land or interests in land within or adjacent to national conservation lands in southern Arizona; and (B) resource management by the Bureau of Land Management in Pima County, Arizona. (e) Water Rights.-- (1) Lands owned by pima county.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and Pima County, Arizona, enter into an agreement under which Neal Simonson (or his successors in interest) relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-simonson property.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and the Secretary enter into an agreement under which Neal Simonson (or his successors in interest) limits his reserved withdrawal right on the Empirita- Simonson property to maximum of 550 acre feet per year. (f) Road Access.--Within 18 months after acquisition by the United States of title to the Empirita-Simonson property, the Secretary shall provide the Secretary of Agriculture a right of way for motorized public road access through the Empirita-Simonson property to the boundary of the Coronado National Forest, acting pursuant to section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767). (g) Environmental Review.--As a condition of the exchange authorized by this section, Las Cienegas Conservation, LLC, shall pay direct costs incurred in connection with the environmental review and any required mitigation of the selected lands. (h) Endangered Species Act Review.--The Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)). SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY. (a) Acquisition of Tumamoc Hill Property.-- (1) In general.--Notwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation.--As consideration for the Tumamoc Hill property acquired under paragraph (1), the State of Arizona, State Land Department, shall receive an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court.--In the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (4) Withdrawal.--Subject to valid existing rights, the Tumamoc Hill property is withdrawn from-- (A) all forms of entry and appropriation under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Conveyance Authorized.-- (1) In general.--When Pima County, Arizona, pays to the State of Arizona, State Land Department, the amount of compensation determined under subsection (a), the Secretary shall convey to Pima County all right, title, and interest of the United States in and to the Tumamoc Hill property. (2) Time for conveyance.--The conveyance authorized under paragraph (1) shall be completed prior to the expiration of the 180-day period which begins on the date Pima County pays to the State of Arizona, State Land Department, the amount described in paragraph (1). SEC. 4. ADMINISTRATION OF LAND EXCHANGES. (a) Title Standards.--The Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to Legal Descriptions.--By mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Appraisals.-- (1) In general.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through an appraisal performed by a qualified appraiser selected from the Department of the Interior approved contractor list and mutually agreed to by the Secretary and the party involved and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (United States Department of Justice, December 2000), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) Deadline for appraisals.--All appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) Deadline for Environmental Reviews.--Before the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Elgin Landfill.--The boundary of the Las Cienegas National Conservation Area is modified to exclude the 40-acre tract presently leased by the Bureau of land management to the town of Elgin, Arizona, for a sanitary landfill. SEC. 5. DEFINITIONS. In this Act: (1) The term ``Empirita-Simonson property'' means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (2) The term ``Sahuarita property'' means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Tumamoc Hill property'' means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona.
Pima County Land Adjustment Act - Requires the Secretary of the Interior (the Secretary) to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Instructs the Secretary to provide to the Secretary of Agriculture a right of way for motorized public road access through the Empirita-Simonson property to the boundary of the Coronado National Forest. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department. Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract presently leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Americans in Internal Revenue Refunds Act''. SEC. 2. PREVENTION OF CLAIMS OF EARNED INCOME TAX CREDIT BY INDIVIDUALS RECEIVING WORK AUTHORIZATIONS PURSUANT TO DEFERRED ACTION PROGRAMS. (a) In General.--Section 32(m) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Solely for purposes of'' and inserting the following: ``(1) In general.--Solely for purposes of'', and (2) by striking ``a social security number issued to an individual'' and all that follows and inserting ``a specified social security number.'', and (3) by adding at the end the following new paragraphs: ``(2) Specified social security number.--For purposes of this section-- ``(A) In general.--The term `specified social security number' means a social security number issued to an individual by the Social Security Administration. ``(B) Exceptions.--Such term shall not include-- ``(i) any social security number issued pursuant to subclause (II) (or that portion of subclause (III) that relates to subclause (II)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(ii) any social security number issued pursuant to a work authorization obtained pursuant to-- ``(I) the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children', ``(II) the memorandum of the Secretary of Homeland Security dated November 20, 2014, and entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents', or ``(III) any other program not specifically established by law which provides a class of individuals not otherwise legally present in the United States deferred action on removal. ``(C) Special rules with respect to certain beneficiaries of deferred action.-- ``(i) Treatment upon grant of citizenship.--A social security number otherwise described in subparagraph (B)(ii) shall cease to be treated as issued pursuant to a work authorization described in such subparagraph if, and only if, the individual to whom such social security number is issued becomes a citizen of the United States. ``(ii) No retroactive effect upon grant of citizenship.--In the case of a social security number to which clause (i) applies, such social security number shall be treated as a specified social security number only to the extent that such number is included on returns of tax which relate to taxable years ending after the date on which such individual becomes a citizen of the United States.''. (b) Coordination With Department of Homeland Security and Social Security Administration.-- (1) Department of homeland security.--The Secretary of Homeland Security shall-- (A) ensure that the Commissioner of Social Security receives sufficient information in a timely manner to determine that a social security account number described in section 32(m)(2)(B)(ii) of the Internal Revenue Code of 1986 is being issued pursuant to a program referred to in such section; (B) ensure that any document issued to an individual under such a program, including any document attesting to the individual's authorization for employment and any document attesting to the deferral of action on any removal of that individual, has a notation that the individual was provided such document pursuant to such a program; and (C) take all other appropriate actions to coordinate with the Secretary of the Treasury and the Commissioner of Social Security in carrying out section 32(m) of the Internal Revenue Code of 1986 and this paragraph. (2) Social security administration.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new subparagraph: ``(I) The Commissioner of Social Security shall-- ``(i) maintain a record of all social security account numbers described in section 32(m)(2)(B)(ii) of the Internal Revenue Code of 1986 and the names of the individuals to whom such numbers were issued; ``(ii) in any case in which a social security account number so described would be disclosed by the Commissioner to the Secretary of the Treasury or to the Commissioner of the Internal Revenue Service, identify such number as being so described; and ``(iii) take all other appropriate actions to coordinate with the Secretary of the Treasury and the Secretary of Homeland Security in carrying out section 32(m) of the Internal Revenue Code of 1986 and section 2(b)(1) of the Fairness for Americans in Internal Revenue Refunds Act.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to any return of tax, and any amendment or supplement to any return of tax, which is filed after the date of the enactment of this Act.
Fairness for Americans in Internal Revenue Refunds Act This bill amends the Internal Revenue Code to prevent a taxpayer whose social security number was issued for purposes of granting a work authorization under a deferred action on removal program from claiming an earned income tax credit using such social security number. The bill directs: (1) the Department of Homeland Security to place a notation on employment authorization cards that the holder of such card has received it under a deferred action on removal program, and (2) the Social Security Administration to maintain a record of all social security account numbers issued to individuals under a deferred action on removal program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Management and Water Control Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Missouri River system is an integral part of a broad, national, and international transportation network. As such, it has played a key role in the economic growth and development of the Midwest by providing a critical link both into and out of America's heartland. (2) The Missouri River is the largest tributary of the Mississippi River, accounting for nearly half of the water flowing in the Mississippi River at St. Louis, Missouri. Interruptions to this delicate river system could have billions of dollars in adverse effects for our transportation network and for midwestern agriculture. (3) An estimated 7,000,000 short tons of cargo, worth an estimated $1,600,000,000, were held up by river closings which resulted from the floods of 1993. More than 1,000 barges were stranded on the Missouri, Upper Mississippi, and Illinois Rivers, with costs to the towing industry alone estimated at $700,000 per day (excluding the barges which were massed near Cairo, Illinois, awaiting the resumption of navigation). (4) Shifting transportation modes from barges to truck and rail will have an estimated increase in costs to industry and producers who rely on the barge industry to balance our delicate transportation system. (5) Nothing contained in the Preferred Alternative to the Master Water Control Manual for the Missouri River compiled by the Corps of Engineers indicates supporting data that suggests the Corps of Engineers ever attempted to evaluate gross revenues for navigation or any of the various industries supported by navigation on the Missouri River. (6) Instituting a spring rise through increased flows on the Missouri River from the upstream reservoirs would not only interrupt and consequently shift crop planting, production, and harvesting dates along the river but would also increase chances of flooding thereby jeopardizing the health, safety, and livelihood of millions of Americans. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve the free flow of commerce and continued success of commercial navigation, and flood control on the Missouri River system; (2) identify the Missouri River and our Nation's entire river system network as a vital component of our Nation's food supply and transportation structure; (3) establish statutory language identifying recreation as a low level priority relevant to the Master Water Control Manual and its stated priorities of flood control, navigation, hydropower, and water supply along the Missouri River system; (4) combine navigation and flood control in legislation aimed at treating the entire Inland Waterway System as one system; (5) oppose changes to the Master Water Control Manual which would alter or deviate from the management practices or endanger public health or safety relative to the stated purposes of this Act; (6) require the Secretary of the Army, acting with the Secretary of Agriculture and the Secretary of the Interior, to apply cost benefit analysis to any study dedicated to reviewing any portion of the Inland Waterway System; and (7) provide safeguards which would allow the Secretary of the Army flexibility to permit lower or higher pool levels in order to provide emergency flood control to protect human health, safety, or property, or to provide adequate water supply levels. SEC. 4. PERMANENT POOL LEVELS. (a) Missouri River System.--The Secretary of the Army shall not permit the permanent pool levels in the Missouri River system to fall below 18,000,000 acre feet at any time unless the Secretary makes a finding that a lower level is required to provide necessary-- (1) emergency flood control to protect human health, safety, and property; (2) commercial navigation in the lower basin of the Missouri River; (3) commercial navigation on the Mississippi River; (4) hydropower; or (5) water supply to communities which rely on the Missouri River for water supply. (b) Navigation Service Levels.--To assure the permanent pool level referred to in subsection (a), the Secretary of the Army shall maintain the following full service navigation levels on the Missouri River from April through November: (1) 36,000 cubic feet per second at Sioux City, Iowa; (2) 36,000 cubic feet per second at Omaha, Nebraska; (3) 42,000 cubic feet per second at Nebraska City, Nebraska; and (4) 46,000 cubic feet per second at Kansas City, Missouri; throughout any period that such permanent pool level is more than 41,000,000 acre feet. (c) Conservation Service Levels.--To assure the permanent pool level referred to in subsection (a), the Secretary of the Army shall implement such conservation measures as may be necessary to maintain navigation levels on the Missouri River-- (1) of 33,000 cubic feet per second at Sioux City, Iowa; (2) of 33,000 cubic feet per second at Omaha, Nebraska; (3) of 35,000 cubic feet per second at Nebraska City, Nebraska; and (4) of 39,000 cubic feet per second at Kansas City, Missouri; throughout any period that such permanent pool level is less than 41,000,000 acre feet. (d) Discretionary Management.--Levels of reservoirs on the mainstem of the Missouri shall be at the discretion and management of the Secretary of the Army, but at no time shall the Secretary allow the reservoir configurations on the mainstem of the Missouri River to jeopardize the discharge level of the Gavins Point Reservoir, Nebraska and South Dakota, required to maintain the navigation levels set forth in subsections (b) and (c). SEC. 5. NAVIGATION SEASON EXTENSION. (a) Increases.--The Secretary of the Army, working with the Secretary of Agriculture and the Secretary of the Interior, shall incrementally increase the length of each navigation season for the Missouri River by 15 days from the length of the previous navigation season and those seasons thereafter, until such time as the navigation season for the Missouri River is increased by 1 month from the length of the navigation season on April 1, 1995. (b) Application of Increases.--Increases in the length of the navigation season under subsection (a) shall be applied in calendar year 1996 so that the navigation season in such calendar year for the Missouri River begins on March 15, 1996, and ends on December 15, 1996. (c) Adjustment of Navigation Levels.--Scheduled full navigation levels shall be incrementally increased to coincide with increases in the navigation season under subsection (a). SEC. 6. WATER CONTROL POLICIES AFFECTING NAVIGATION CHANNELS. The Secretary of the Army may not take any action which is inconsistent with a water control policy of the Corps of Engineers in effect on January 1, 1995, if such action would result in-- (1) a reduction of 10 days or more in the total number of days in a year during which vessels are able to use navigation channels; or (2) a substantial increase in flood damage to lands adjacent to a navigation channel, unless such action is specifically authorized by a law enacted after the date of enactment of this Act. SEC. 7. ECONOMIC AND ENVIRONMENTAL IMPACT EVALUATION. Whenever a Federal department, agency, or instrumentality conducts an environmental impact statement with respect to management of the Missouri River system, the head of such department, agency, or instrumentality shall also conduct a cost benefit analysis on any changes proposed in the management of the Missouri River.
Missouri River Management and Water Control Act of 1995 - Requires the Secretary of the Army to maintain permanent pool levels in the Missouri River system of above 18 million acre feet unless a lower level is required for emergency or commercial purposes. Increases the length of each navigation season by 15 days until the navigation season has increased by one month. Prohibits the Secretary from taking any action which would: (1) result in a reduction of a total of ten days or more a year in the number of days during which vessels are able to navigate channels; or (2) increase flood damages to land adjacent to navigation channels.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Beaches Protection Act''. SEC. 2. PROTECTION OF SHORES. (a) Declaration of Policy.--The first section of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426e), is amended to read as follows: ``SEC. 1. SHORE PROTECTION. ``(a) Declaration of Policy.--With the purpose of preventing damage, restoring and maintaining the shores, beaches and other coastal resources of the United States, its territories and possessions, and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to the provisions of this Act, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches and other coastal infrastructure, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private interests. In carrying out this policy, preference shall be given to areas-- ``(1) in which there has been a previous investment of Federal funds; ``(2) in which regional sediment management plans have been adopted; ``(3) in which the need for prevention or mitigation of damage to shores, beaches, and other coastal infrastructure is attributable to Federal navigation projects or other Federal activities; or ``(4) which promote human health and safety and the quality of life for individuals and families.''. ``(b) Implementation.--The Secretary shall pay the Federal share of the cost of carrying out shore protection projects and related research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure (including projects for beach restoration, periodic beach nourishment, and restoration or protection of State, county, or other shores, public coastal beaches, parks, conservation areas, or other environmental resources). ``(c) Federal Share.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Federal share of the cost of a project described in subsection (b) shall be determined in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). ``(2) Exception.--In the case of a project for beach erosion control the primary purpose of which is recreation, the Federal share shall be equal to the Federal share for a beach erosion control project the primary purpose of which is storm damage protection or environmental restoration. ``(3) Remainder.-- ``(A) In general.--Subject to subparagraph (B), the remainder of the cost of the construction of a project described in subsection (b) shall be paid by a State, municipality, other political subdivision, or nonprofit entity. ``(B) Exception.--The Federal Government shall bear all of the costs incurred for the restoration and protection of Federal property. ``(4) Greater federal share.--In the case of a project described in subsection (b) for the restoration and protection of a State, county, or other publicly-owned shore, coastal beach, park, conservation area, or other environmental resource, the Chief of Engineers may increase the Federal share to be greater than that provided in paragraph (1) if the area-- ``(A) includes-- ``(i) a zone that excludes permanent human habitation; or ``(ii) a recreational beach or other area determined by the Chief of Engineers; ``(B) satisfies adequate criteria for conservation and development of the natural resources of the environment; and ``(C) extends landward a sufficient distance to include, as approved by the Chief of Engineers-- ``(i) protective dunes, bluffs, or other natural features; ``(ii) such other appropriate measures adopted by the State or political subdivision of the State to protect uplands areas from damage, promote public recreation, or protect environmental resources; or ``(iii) appropriate facilities for public use. ``(d) Periodic Beach Nourishment.--In this Act, when the most suitable and economical remedial measures, as determined by the Chief of Engineers, would be provided by periodic beach nourishment, the term `construction' shall include the deposit of sand fill at suitable intervals of time to furnish sand supply to protect shores and beaches for a period of time specified by the Chief of Engineers and authorized by Congress. ``(e) Private Shores and Beaches.-- ``(1) In general.--A shore or beach, other than a public shore or beach, shall be eligible for Federal assistance under this Act if-- ``(A) there is a benefit to a public shore or beach, such as that arising from public use or from the protection of nearby public property; or ``(B) the benefits to the shore or beach are incidental to the project. ``(2) Federal share.--The Secretary shall adjust the Federal share of a project for a shore or beach, other than a public shore or beach, to reflect the benefits described in paragraph (1). ``(f) Authorization of Projects.-- ``(1) In general.--Subject to paragraph (2), no Federal share shall be provided for a project under this Act unless-- ``(A) the plan for that project has been specifically adopted and authorized by Congress after investigation and study; or ``(B) in the case of a small project under section 3 or 5, the plan for that project has been approved by the Chief of Engineers. ``(2) Studies.-- ``(A) In general.--The Secretary shall-- ``(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under this Act and other applicable law; ``(ii) conduct such studies as Congress requests; and ``(iii) annually report the status and results of all studies requested by Congress to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(B) Recommendations for shore protection projects.-- ``(i) In general.--The Secretary shall-- ``(I) recommend to Congress the authorization or reauthorization of all shore and shore protection projects the plans for which have been approved by the Chief of Engineers; and ``(II) report to Congress on the feasibility of other projects that have been studied under subparagraph (A) but have not been approved by the Chief of Engineers. ``(ii) Considerations.--In approving a project plan, the Chief of Engineers shall consider the economic and ecological benefits of the shore protection project. ``(C) Coordination of projects.--In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall-- ``(i) determine whether there is any other project being carried out by the Secretary or other Federal agency that may be complementary to the shore protection project; and ``(ii) if there is such a complementary project, undertake efforts to coordinate the projects. ``(3) Shore protection projects.-- ``(A) In general.--The Secretary shall construct any shore protection project authorized by Congress, or separable element of such a project, for which Congress has appropriated funds. ``(B) Agreements.-- ``(i) Requirement.--After authorization by Congress, before the commencement of a construction of shore protection project or separable element, the Secretary shall offer to enter into a written agreement for the authorized period of Federal participation in the project with a non-Federal interest with respect to the project or separable element. ``(ii) Terms.--The agreement shall-- ``(I) specify the authorized period of Federal participation in the project; and ``(II) ensure that the Federal Government and the non-Federal interest cooperate in carrying out the project or separable element. ``(g) Extension of the Period of Federal Participation.--At the request of a non-Federal interest, the Secretary, acting through the Chief of Engineers and with the approval of Congress, shall extend the period of Federal participation in a shore protection project that is economically feasible, engineeringly sound, and environmentally acceptable for such additional period as the Secretary determines appropriate. ``(h) Special Considerations.--In a case in which funds have been appropriated to the Corps of Engineers for a specific project but the funds cannot be expended because of the time limits of environmental permits or similar environmental considerations, the Secretary may carry over such funds for use in the next fiscal year if construction of the project, or a separable element of the project, will cause minimal environmental damage and will not violate an environmental permit.''. SEC. 3. NON-FEDERAL CONTRIBUTIONS. Section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) is amended by adding at the end the following: ``(n) Non-Federal Contributions.-- ``(1) Prohibition on solicitation of excess contributions.--The Secretary may not solicit contributions from non-Federal interests for costs of constructing authorized water resources development projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c) or condition Federal participation in such projects or measures on the receipt of such contributions. ``(2) Limitation on statutory construction.--Nothing in this subsection shall be construed to affect the Secretary's authority under section 903(c) of this Act.''. SEC. 4. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. (a) Permanent Extension of Program.--Section 5(a) of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426h(a)), is amended by striking all after ``program''. (b) Extension of Planning, Design, and Construction Phase.--Section 5(b)(1)(A) of such Act (33 U.S.C. 426h(b)(1)(A)) is amended by striking all after ``methods''. (c) Technology Transfers to Educational Institutions.--Section 5(b)(1)(D) of such Act (33 U.S.C. 426h(b)(1)(D)) is amended by inserting ``and educational institutions'' after ``entities''. (d) Cost-Sharing; Removal of Projects.--Section 5(b) of such Act (33 U.S.C. 426h(b)) is further amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Cost sharing.--The Secretary may enter into a cost- sharing agreement with a non-Federal interest to carry out a project, or a phase of a project, under the erosion control program in cooperation with the non-Federal interest.''. (e) Modification of Existing Shoreline Protection Projects.-- Section 5 of such Act (33 U.S.C. 426h) is further amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Modification of Existing Shoreline Protection Projects.--- Following initial construction and adequate evaluation of a demonstration project's performance and lifecycle cost, the Secretary at the request of a non-Federal interest is authorized to amend the agreement for an existing federally authorized shore protection project to incorporate the demonstration project as a feature of the authorized shore protection project with the future cost of the project to be determined by the cost-sharing ratio of the authorized shore protection project. Such amendment shall only be made if the Chief of Engineers determines that it meets the engineering, economic, and design standards of the authorized shore protection project.''. (f) Authorization of Appropriations.--Section 5(f)(2) of such Act (33 U.S.C. 426h(e)(2)) (as redesignated by subsection (e)(1) of this section) is amended by striking ``$25,000,000'' and inserting ``$31,000,000''.
Community Beaches Protection Act - Rewrites provisions regarding the federal shore protection program to: (1) provide for the protection and restoration of beaches and other coastal infrastructure, as well as shore protection; and (2) include the purpose of promoting healthful recreation. Includes among areas to be given preference: (1) areas where regional sediment management plans have been adopted; and (2) areas that promote human health and safety and the quality of life. Directs the Secretary of the Army to pay the federal share of the cost of carrying out shore protection projects and research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure. Sets forth revised provisions regarding the federal share of the cost, which shall be equal for beach erosion control projects for purposes of recreation or for storm damage protection or environmental restoration. Directs the Secretary, at the request of a nonfederal interest and with congressional approval, to extend the period of federal participation in certain shore protection projects. Amends the Water Resources Development Act of 1986 to prohibit the Secretary from: (1) soliciting contributions, in excess of the nonfederal share assigned to specified project purposes, from nonfederal interests for costs of constructing authorized projects; or (2) conditioning federal participation on the receipt of such contributions. Makes permanent the national shoreline erosion control development and demonstration program. Requires the program to include provisions for technology transfers to educational institutions. Authorizes the Secretary to enter into cost-sharing agreements with nonfederal interests, and to modify existing shoreline protection projects, under specified circumstances.
{"src": "billsum_train", "title": "To ensure the continuation and improvement of coastal restoration."}
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SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. (a) Credit to Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 35. (b) Technical Amendments.-- (1) Section 36 of such Code is redesignated as section 37. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 36. (3) Paragraph (1) of section 36(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (5) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (6) Section 221(e) of such Code is amended-- (A) in paragraph (2)(B), by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)'' and by striking ``section 25A(f)(2)'' and inserting ``section 36(f)(2)'', and (B) in paragraph (3), by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (7) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (8) Subparagraph (A) of section 530(b)(2) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (9) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (10) Subsection (e) of section 6050S of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (11) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 36(g)(1)''. (12) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (13) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting before such item the following new item: ``Sec. 36. Hope and Lifetime Learning credits.''. (14) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (c) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS COLLATERAL FOR SHORT-TERM STUDENT LOANS. (a) In General.--Section 36 of the Internal Revenue Code of 1986 (as redesignated by section 1) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new section: ``(i) Tuition Tax Credit Assignment Loans.-- ``(1) In general.--Any eligible educational institution may provide to a taxpayer described in paragraph (3) a tuition tax credit assignment loan. ``(2) Tuition tax credit assignment loan.--For purposes of this subsection, the term `tuition tax credit assignment loan' means a loan provided to the taxpayer by the eligible educational institution in return for which the taxpayer agrees to authorize the Internal Revenue Service to disburse the loan amount directly to the lender out of the next refund due to the taxpayer that is attributable to a credit under this section. ``(3) Taxpayers eligible for loan.--A taxpayer is eligible for a loan under this subsection if the taxpayer is either-- ``(A) an eligible student for whom a Hope Scholarship Credit under subsection (a)(1) is allowed, or ``(B) a taxpayer for whom a Lifetime Learning Credit is allowed. ``(4) Maximum amount of loan.--The amount of a loan provided under this subsection may not exceed-- ``(A) $1,000, or ``(B) in the case of a first-year or second-year student, $1,500. ``(5) Loan origination fee may be charged.--An eligible educational institution providing a tuition tax credit assignment loan may charge the taxpayer a loan origination fee of up to 5 percent of the loan amount, but may not charge interest on the loan amount. ``(6) 3-year time limit on use of credit refund as collateral.--If a taxpayer who has obtained a tuition tax credit assignment loan has not received a refund attributable to a credit under this section within three years after receiving the loan, then the loan will become due and payable in accordance with the terms of the loan agreement.''. (b) Effective Date.--The amendment made by this section shall apply with respect to credits claimed in taxable years beginning after December 31, 2005.
Amends the Internal Revenue Code to: (1) make the Hope Scholarship and Lifetime Learning tax credits refundable; and (2) allow students to use future refunds of tax credit amounts to secure student loans of up to $1,000 ($1,500 for first or second-year students).
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pay for Performance Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Federal deficit'' has the meaning given the term deficit by section 3(6) of the Congressional Budget Act of 1974 (2 U.S.C. 622(6)); (2) the term ``deficit target'', as used with respect to a fiscal year, means the maximum allowable Federal deficit for such fiscal year, as set forth in the concurrent resolution on the budget for fiscal year 1996; (3) the term ``concurrent resolution on the budget'' has the meaning given such term by section 3(4) of the Congressional Budget Act of 1974 (2 U.S.C. 622(4)); and (4) the term ``Member of Congress'' means an individual who holds a position referred to in section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31), as amended by section 4. SEC. 3. PAY AS A FUNCTION OF EFFORTS TO ELIMINATE THE FEDERAL DEFICIT. (a) If Deficit Targets Are Not Met.-- (1) Interim targets.--If, for any of fiscal years 1996 through 2001, inclusive, the Federal deficit for such fiscal year exceeds the deficit target for such fiscal year by more than $1 billion, then, effective as of the first day of the first applicable pay period of the first calendar year beginning after the end of such fiscal year, the rate of basic pay for each Member of Congress shall be equal to the rate in effect on the day before the date of the adjustment under this paragraph, reduced by the percentage derived by multiplying 0.5 percent by the number of billions of dollars (after rounding to the next lower multiple of $1 billion) by which such target was so exceeded, except that nothing in this paragraph shall cause any rate to be reduced below zero. (2) Final target.--If the Federal deficit for fiscal year 2002 is $1 billion or greater, then, effective as of the first day of the first applicable pay period in calendar year 2003, the rate of basic pay for each Member of Congress shall be zero. (b) If Deficit Targets Are Met.-- (1) Other than by eliminating the deficit.--Except as provided in paragraph (2), if, for any of fiscal years 1996 through 2001, inclusive, the Federal deficit for such year is less than, or within $1 billion of, the deficit target for such fiscal year, then no change shall be made in the rate of basic pay for any Member of Congress based on the size of the Federal deficit for such year. (2) By eliminating the deficit.--If, for any of fiscal years 1996 through 2002, inclusive, the Federal deficit for such year is less than $1 billion, then, effective as of the first day of the first applicable pay period of the first calendar year beginning after the end of such fiscal year-- (A) the rate of basic pay for each Member of Congress shall be restored to the rate in effect as of December 31, 1995; and (B) this section shall cease to be effective. (c) Determining the Size of the Deficit.--For purposes of this section, the size of the Federal deficit for any fiscal year shall be as determined by the Congressional Budget Office (in writing)-- (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the United States Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after the date of the enactment of this Act. (d) Exception.--The rate of basic pay for an individual shall, for the duration of such individual's first term of office as a Member of Congress, be determined as if this section had never been enacted. (e) Suspension in Time of War.-- (1) In general.--In the event of a war declared by Congress, rates of pay shall be restored to the rates that would then be payable if, and shall be subject to adjustment in the same way as if, this section had never been enacted, subject to paragraph (2). (2) End of war.--After any such war ends, the preceding subsections of this section shall again become effective, except that, in applying such subsections-- (A) any reference to fiscal year 1996 shall be deemed to be a reference to the first fiscal year beginning after the date on which such war ends; and (B) any reference to any later fiscal year shall be determined accordingly. The respective fiscal years to which the deficit targets set forth in any concurrent resolution on the budget for fiscal year 1996 shall be determined in like manner for purposes of so applying such subsections. SEC. 4. ELIMINATION OF AUTOMATIC ANNUAL PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) In General.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (b) Conforming Amendments.--Section 601(a)(1) of such Act is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``, as adjusted by paragraph (2) of this subsection''.
Congressional Pay for Performance Act - Sets forth a formula by which the rate of basic pay for each Member of Congress will be reduced effective as of the first applicable pay period of the first calendar year beginning after the end of a fiscal year from FY 1996 through 2001 for which the Federal deficit exceeds the deficit target by more than $1 billion. Reduces such rate to zero if the Federal deficit for FY 2002 is $1 billion or greater, effective as of the first day of the first applicable pay period in calendar year 2003. Provides that if the Federal deficit for any of FY 1996 through 2001, inclusive, is less than $1 billion, each Member's salary shall be restored to the rate in effect as of December 31, 1995, and this Act shall cease to be effective. Requires, for purposes of this Act, the size of the Federal deficit for any fiscal year to be determined by the Congressional Budget Office (in writing): (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the Federal Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after this Act's enactment. Provides that an individual's salary for the duration of his or her first term of office as a Member of Congress shall be determined as if this Act had never been enacted. Provides for suspension of this Act in time of war. Repeals provisions of the Legislative Reorganization Act of 1946 which provide for automatic annual pay adjustments for Members of Congress.
{"src": "billsum_train", "title": "Congressional Pay for Performance Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives Trading Integrity Act of 2008''. SEC. 2. REGULATION OF CERTAIN AGREEMENTS, CONTRACTS, AND TRANSACTIONS. (a) Definitions.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (1) by striking paragraphs (10), (11), (13), (14), and (33); and (2) by redesignating-- (A) paragraph (12) as paragraph (10); (B) paragraphs (15) through (32) as paragraphs (11) through (28), respectively; and (C) paragraph (34) as paragraph (29). (b) Exclusions.--Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended-- (1) by striking subsections (d), (e), (g), (h), and (i); and (2) by redesignating subsection (f) as subsection (d). (c) Restriction of Futures Trading to Contract Markets or Derivatives Transaction Execution Facilities.--Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``Unless exempted by the Commission pursuant to subsection (c), it shall'' and inserting ``It shall''; (2) by striking subsection (c); and (3) by redesignating subsection (d) as subsection (c). (d) Exempt Boards of Trade.--Section 5d of the Commodity Exchange Act (7 U.S.C. 7a-3) is repealed. SEC. 3. CONFORMING AMENDMENTS. (a) Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) (as amended by section 2(a)(2)) is amended-- (1) in paragraph (10)(A)(x), by striking ``(other than an electronic trading facility with respect to a significant price discovery contract)''; (2) in paragraph (25)-- (A) in subparagraph (C), by inserting ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (E); and (3) in paragraph (27), by striking ``section 2(c), 2(d), 2(f), or 2(g) of this Act'' and inserting ``subsection (c) or (d) of section 2''. (b) Section 2(c) of the Commodity Exchange Act (7 U.S.C. 2(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``5d,''; and (B) in subparagraph (F), by striking ``in an excluded commodity''; and (2) in paragraph (2)(B)(i)(II)-- (A) in item (cc), by striking ``section 1a(20) of this Act'' each place it appears and inserting ``section 1a(16)''; and (B) in item (dd), by striking ``section 1a(12)(A)(ii) of this Act'' and inserting ``section 1a(10)(A)(ii)''. (c) Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``or on electronic trading facilities with respect to a significant price discovery contract''; and (B) in the second sentence, by striking ``or on an electronic trading facility with respect to a significant price discovery contract,''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or electronic trading facility with respect to a significant price discovery contract''; and (B) in paragraph (2), in the matter preceding the proviso, by striking ``or electronic trading facility with respect to a significant price discovery contract''; and (3) in subsection (e)-- (A) in the first sentence-- (i) in the matter preceding the proviso-- (I) by striking ``or by any electronic trading facility''; (II) by striking ``or on an electronic trading facility''; and (III) by striking ``or electronic trading facility''; and (ii) in the proviso, by striking ``or electronic trading facility''; and (B) in the second sentence, in the matter preceding the proviso, by striking ``or electronic trading facility with respect to a significant price discovery contract''. (d) Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is amended by striking ``and in any significant price discovery contract traded or executed on an electronic trading facility or''. (e) Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) is amended-- (1) in the matter preceding paragraph (1), by striking ``or any significant price discovery contract traded or executed on an electronic trading facility''; and (2) in the matter following paragraph (2), by striking ``or electronic trading facility''. (f) Section 5a of the Commodity Exchange Act (7 U.S.C. 7a) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (D)(ii), by inserting ``or'' after the semicolon at the end; (B) in subparagraph (E), by striking ``; or'' and inserting a period; and (C) by striking subparagraph (F); and (2) in subsection (g)-- (A) in the heading, by striking ``Election To Trade Excluded and Exempt Commodities'' and inserting ``Excluded Securities''; and (B) in paragraph (1)-- (i) by striking ``excluded or exempt commodities other than'' and inserting ``commodities other than an agricultural commodity enumerated in section 1a(4) or''; and (ii) by striking ``, 2(d), or 2(g) of this Act, or exempt under section 2(h) of this Act''. (g) Section 5b of the Commodity Exchange Act (7 U.S.C. 7a-1) is amended-- (1) in subsection (a)(1), by striking ``section 2(a)(1)(C)(i), 2(c), 2(d), 2(f), or 2(g) of this Act or title IV of the Commodity Futures Modernization Act of 2000, or exempted under section 2(h) or 4(c) of this Act'' and inserting ``subsection (a)(1)(C)(i), (c), or (d) of section 2 or title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A457)''; and (2) in subsection (b), by striking ``section 2(c), 2(d), 2(f), or 2(g) of this Act or title IV of the Commodity Futures Modernization Act of 2000, or exempted under section 2(h) or 4(c) of this Act'' and inserting ``subsection (c) or (d) of section 2 or title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A457)''. (h) Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is amended-- (1) in subsection (a)(1), by striking ``and section 2(h)(7) with respect to significant price discovery contracts,''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``, derivatives transaction execution facility, or electronic trading facility with respect to a significant price discovery contract'' and inserting ``or derivatives transaction execution facility''; and (B) in paragraphs (2) and (3), by striking ``, derivatives transaction execution facility, or electronic trading facility'' each place it appears and inserting ``or derivatives transaction execution facility''; and (3) in subsection (d)(1), in the matter preceding subparagraph (A), by striking ``or 2(h)(7)(C) with respect to a significant price discovery contract traded or executed on an electronic trading facility,''. (i) Section 5e of the Commodity Exchange Act (7 U.S.C. 7b) is amended by striking ``or revocation of the right of an electronic trading facility to rely on the exemption set forth in section 2(h)(3) with respect to a significant price discovery contract,''. (j) Section 5f(b)(1) of the Commodity Exchange Act (7 U.S.C. 7b- 1(b)(1)) is amended in the matter preceding subparagraph (A), by striking ``section 5f'' and inserting ``this section''. (k) Section 6(b) of the Commodity Exchange Act (7 U.S.C. 8(b)) is amended-- (1) in the first sentence-- (A) by striking ``or to revoke the right of an electronic trading facility to rely on the exemption set forth in section 2(h)(3) with respect to a significant price discovery contract,''; and (B) by striking ``or electronic trading facility''; and (2) in the second sentence, in the matter preceding the proviso, by striking ``or electronic trading facility''. (l) Section 12(e) of the Commodity Exchange Act (7 U.S.C. 16(e)) is amended by striking paragraph (2) and inserting the following: ``(2) Effect.--This Act supersedes and preempts the application of any State or local law that prohibits or regulates gaming or the operation of bucket shops (other than antifraud provisions of general applicability) in the case of an agreement, contract, or transaction that is excluded from this Act under-- ``(A) subsection (c) or (d) of section 2; or ``(B) title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A457).''. (m) Section 15(b) of the Commodity Exchange Act (7 U.S.C. 19(b)) is amended by striking ``4(c) or''. (n) Section 22(b)(1)(A) of the Commodity Exchange Act (7 U.S.C. 25(b)(1)(A)) is amended by striking ``by section 2(h)(7) or sections 5 through 5c'' and inserting ``under sections 5 through 5c''. (o) Section 13106(b)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note; Public Law 110-246) is amended by striking ``section 1a(32)'' and inserting ``section 1a''.
Derivatives Trading Integrity Act of 2008 - Amends the Commodity Exchange Act to: (1) repeal the exemption or exclusion from regulation by the Commodity Futures Trading Commission (CFTC) of specified derivative transactions, swap transactions, and related electronic trading facilities; (2) restrict futures trading to contract markets or derivatives transaction execution facilities; and (3) abolish exempt boards of trade.
{"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to ensure that all agreements, contracts, and transactions with respect to commodities are carried out on a regulated exchange, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act'' or the ``EMPOWER Care Act''. SEC. 2. EXTENSION OF DEMONSTRATION. (a) Funding.--Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) $450,000,000 for each of fiscal years 2018 through 2022.''; and (2) in paragraph (2), by striking ``2016'' and inserting ``2022''. (b) Research and Evaluation.--Section 6071(g) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (2), by striking ``2016'' and inserting ``2022''; and (2) in paragraph (3), by inserting ``and for each of fiscal years 2018 through 2022,'' after ``2016,''. SEC. 3. CHANGES TO INSTITUTIONAL RESIDENCY PERIOD REQUIREMENT. Section 6071(b)(2) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in subparagraph (A)(i), by striking ``90'' and inserting ``60''; and (2) by striking the flush sentence after subparagraph (B). SEC. 4. UPDATES TO STATE APPLICATION REQUIREMENTS. Section 6071(c) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (3), by striking ``, which shall include'' and all that follows through ``2007''; (2) in paragraph (7)-- (A) in the paragraph heading, by striking ``Rebalancing'' and inserting ``Expenditures''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``and'' after the semicolon; (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(iii) include a work plan that describes for each Federal fiscal year that occurs during the proposed MFP demonstration project-- ``(I) the use of grant funds for each proposed initiative that is designed to accomplish the objective described in subsection (a)(1), including a funding source for each activity that is part of each such proposed initiative; ``(II) an evaluation plan that identifies expected results for each such proposed initiative; and ``(III) a sustainability plan for components of such proposed initiatives that are intended to improve transitions, which shall be updated with actual expenditure information for each Federal fiscal year that occurs during the MFP demonstration project; and ``(iv) contain assurances that grant funds used to accomplish the objective described in subsection (a)(1) shall be obligated not later than 24 months after the date on which the funds are awarded and shall be expended not later than 60 months after the date on which the funds are awarded (unless the Secretary approves a waiver of either such requirement).''; and (3) in paragraph (13)-- (A) in subparagraph (A), by striking ``; and'' and inserting ``, and in such manner as will meet the reporting requirements set forth for the Transformed Medicaid Statistical Management Information System (T- MSIS);''; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: ``(B) the State shall report on a quarterly basis on the use of grant funds by distinct activity, as described in the approved work plan, and by specific population as targeted by the State; ``(C) if the State fails to report the information required under subparagraph (B), fails to report such information on a quarterly basis, or fails to make progress under the approved work plan, the State shall implement a corrective action plan and any lack of progress under the approved work plan may result in withholding of grant funds made available to the State; and''. SEC. 5. FUNDING FOR QUALITY ASSURANCE AND IMPROVEMENT; TECHNICAL ASSISTANCE; OVERSIGHT. Section 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following: ``(2) Funding.--From the amounts appropriated under subsection (h)(1)(F) for each of fiscal years 2018 through 2022, $1,000,000 shall be available to the Secretary for each such fiscal year to carry out this subsection.''. SEC. 6. BEST PRACTICES EVALUATION. Section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(i) Best Practices.-- ``(1) Report.--The Secretary, directly or through grant or contract, shall submit a report to the President and Congress not later than September 30, 2020, that contains findings and conclusions on best practices from the State MFP demonstration projects carried out with grants made under this section. The report shall include information and analyses with respect to the following: ``(A) The most effective State strategies for transitioning beneficiaries from institutional to qualified community settings carried out under the State MFP demonstration projects and how such strategies may vary for different types of beneficiaries, such as beneficiaries who are aged, physically disabled, intellectually or developmentally disabled, or individuals with serious mental illnesses, and other targeted waiver beneficiary populations. ``(B) The most common and the most effective State uses of grant funds carried out under the State MFP demonstration projects for transitioning beneficiaries from institutional to qualified community settings and improving health outcomes, including differentiating funding for current initiatives that are designed for such purpose and funding for proposed initiatives that are designed for such purpose. ``(C) The most effective State approaches carried out under State MFP demonstration projects for improving person-centered care and planning. ``(D) Identification of program, financing, and other flexibilities available under the State MFP demonstration projects, that are not available under the traditional Medicaid program, and which directly contributed to successful transitions and improved health outcomes under the State MFP demonstration projects. ``(E) State strategies and financing mechanisms for effective coordination of housing financed or supported under State MFP demonstration projects with local housing authorities and other resources. ``(F) Effective State approaches for delivering Money Follows the Person transition services through managed care entities. ``(G) Other best practices and effective transition strategies demonstrated by States with approved MFP demonstration projects, as determined by the Secretary. ``(H) Identification and analyses of opportunities and challenges to integrating effective Money Follows the Person practices and State strategies into the traditional Medicaid program. ``(2) Collaboration.--In preparing the report required under this subsection, the Secretary shall collect and incorporate information from States with approved MFP demonstration projects and beneficiaries participating in such projects, and providers participating in such projects. ``(3) Funding.--From the amounts appropriated under subsection (h)(1) for each of fiscal years 2017 through 2019, not more than $300,000 shall be available to the Secretary for each such fiscal year to carry out this subsection.''. SEC. 7. MACPAC REPORT ON QUALIFIED SETTINGS CRITERIA. Section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by section 6, is amended by adding at the end the following: ``(j) MACPAC Report.--Prior to the final implementation date established by the Secretary for the criteria established for home and community-based settings in section 441.301(c)(4) of title 42, Code of Federal Regulations, as part of final implementation of the Home and Community Based Services (HCBS) Final Rule published on January 16, 2014 (79 Fed. Reg. 2947)) (referred to in this subsection as the `HCBS final rule'), the Medicaid and CHIP Payment and Access Commission (MACPAC) shall submit to Congress a report that-- ``(1) identifies the types of home and community-based settings and associated services that are available to eligible individuals in both the MFP demonstration program and sites in compliance with the HCBS final rule, including regional variation in the type and accessibility of such settings; and ``(2) recommends policies to align the criteria for a qualified residence under subsection (b)(6) (as in effect on October 1, 2017) with the criteria in the HCBS final rule.''. SEC. 8. TECHNICAL AMENDMENT. Section 6071(b) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(10) Secretary.--The term `Secretary' means the Secretary of Health and Human Services.''. SEC. 9. EFFECTIVE DATES; APPLICATION TO CURRENT PROJECTS. (a) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall take effect as if enacted on October 1, 2017. (2) Changes to institutional residency period requirement.--The amendments made by section 3 shall take effect on the date that is 30 days after the date of enactment of this Act. (b) Application to Current Projects.--Not later than 1 year after the date of enactment of this Act, any State with an approved MFP demonstration project under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) on the date of enactment of this Act shall submit a revised application to the Secretary that contains the same information and assurances as are required for any new State applicant under the amendments made by this Act.
Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act or the EMPOWER Care Act This bill amends the Deficit Reduction Act of 2005 to extend funding through FY2022 for the Money Follows the Person Rebalancing Demonstration Program and to otherwise revise the program. (Under this program, the Centers for Medicare & Medicaid Services must award grants to state Medicaid programs to assist in rebalancing states' long-term care systems.)
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Box Privacy Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES AND MOTORCYCLES. (a) Labeling Disclosure for Automobiles.--Section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) is amended-- (1) in subsection (g)(4)(B) by striking ``; and'' and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(i)(1) the presence and location of an event data recorder; ``(2) the type of information recorded by the event data recorder and how such information is recorded; and ``(3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding.''. (b) Labeling Disclosure for Motorcycles.--The Automobile Information Disclosure Act is further amended by adding after section 3 the following new section: ``SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON MOTORCYCLES. ``Every manufacturer of new motorcycles distributed in commerce shall, prior to the delivery of any new motorcycle to any dealer, or at or prior to the introduction date of new models delivered to a dealer prior to such introduction date, securely affix to the new motorcycle a label on which such manufacturer shall disclose-- ``(1) the presence and location of an event data recorder; ``(2) the type of information recorded by the event data recorder and how such information is recorded; and ``(3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding.''. (c) Definitions.--Section 2 of such Act (15 U.S.C. 1231) is amended by adding at the end the following: ``(i) The term `event data recorder' means any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile or motorcycle, as applicable. ``(j) The term `motorcycle' means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds. ``(k) The term `new motorcycle' means a motorcycle the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.''. (d) Rulemaking.--Within 180 days following the enactment of this Act, the National Highway Traffic Safety Administration shall prescribe regulations setting forth a uniform method by which a manufacturer shall provide the disclosures required by the amendments made by this section. SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 30129. Event data recorders ``No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2015 (and bearing a model year of 2016 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer can control the recording of information by the event data recorder.''. (b) Enforcement.--Section 30165(a)(1) of chapter 301 of title 49, United States Code, is amended by inserting ``30129,'' after ``30127,''. (c) Table of Contents Amendment.--The table of contents for chapter 301 of title 49, United States Code, is amended by adding after the item relating to section 30128 the following new item: ``30129. Event data recorders.''. SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT DATA RECORDER DATA. (a) Ownership Rights; Conduct Prohibited.--Any event data recorder in an automobile or motorcycle and any data recorded on any event data recorder in an automobile or motorcycle shall be considered the property of the owner of the automobile or motorcycle. It shall be unlawful for any person other than the owner of the automobile or motorcycle to download or otherwise retrieve data that is recorded on any event data recorder except under one of the following circumstances: (1) The owner of the automobile or motorcycle or the owner's agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the automobile or motorcycle. (b) Treatment of Violations as Unfair or Deceptive Acts or Practices.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Enforcement by the Federal Trade Commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``consumer'' has the meaning given the term ``ultimate purchaser'' in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term ``event data recorder'' means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms ``manufacturer'', ``new automobile'', and ``new motorcycle'' have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
Black Box Privacy Protection Act Amends the Automobile Information Disclosure Act to require manufacturers of new automobiles to disclose on the information label affixed to the window of the automobile: (1) the presence and location of an event data recorder (commonly referred to as a "black box"), (2) the type of information recorded and how such information is recorded, and (3) that the recording may be used in a law enforcement proceeding. Sets forth similar requirements for motorcycle manufacturers. Defines "event data recorder" as any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes, or other information pertinent to the operation of the automobile or motorcycle. Prohibits the manufacture, sale, offering for sale, or import into the United States of an automobile manufactured after 2015 (bearing a model year of 2016 or later) that is equipped with an event data recorder, unless the consumer can control the recording of information. Makes violators liable to the U.S. government for a civil penalty of up to $5,000 for each violation with a maximum penalty of $35 million for a related series of violations. Requires the event data recorder in an automobile or motorcycle, and any data recorded, to be considered the property of the owner of the automobile or motorcycle. Makes the retrieval or downloading of recorded data by any other person unlawful, except: (1) with the owner's consent, (2) in response to a court order, or (3) by a dealer or automotive technician to service the vehicle. Requires certain violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Disaster Loan Equity Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Major disasters, including natural disasters and disasters caused by terrorist acts, often result in a decline in economic activity in areas affected by the disaster and a reduction in tax collections by State and local governments serving those areas. (2) A report of the Government Accountability Office entitled ``September 11: Recent Estimates of Fiscal Impact of 2001 Terrorist Attack on New York'', dated March 2005, confirmed prior estimates that-- (A) New York City lost between $2,500,000,000 and $2,900,000,000 in tax revenues for fiscal years 2002 and 2003; and (B) the State of New York lost $2,900,000,000 for fiscal years 2002 and 2003. (3) The impact of Hurricane Katrina on State and local tax revenues is not yet known, but the impact is believed to be extensive. (4) Under the community disaster loan program (in this section referred to as the ``CDL program''), as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President may make loans to a local government suffering a substantial loss of tax and other revenues as a result of a major disaster, if the local government demonstrates a need for financial assistance in order to preform its governmental function. (5) The President may cancel the repayment of all or any part of a loan made to a local government under the CDL program if revenues following the disaster are insufficient to meet the operating budget of that local government as a result of disaster-related revenue losses and additional unreimbursed disaster-related municipal operating expenses. In the case of a major disaster designated as an incident of national significance, including natural disasters and disasters caused by terrorist acts, repayment of any interest or principal on a loan made under the CDL program should not be required. (6) Assistance made available under the CDL program is often instrumental in aiding the full recovery of a local government following a major disaster. (7) The Disaster Mitigation Act of 2000 established a $5,000,000 limitation on loans made to a local government under the CDL program in connection with a major disaster. Before the date of enactment of such Act, there was not any limitation on the amount of such loans. (8) The $5,000,000 limitation is inequitable when applied to a local government serving a largely populated area, such as New York City, and when applied to an area that is completely devastated by a major disaster (such as Orleans, St. Bernard, and Plaquemines parishes in the State of Louisiana following Hurricane Katrina), and is inconsistent with the objective of the CDL program to provide meaningful assistance to a local government recovering from a major disaster. (9) On October 4, 2005, the Mayor of New Orleans announced that the city was laying off 3,000 city employees as a result of reduced tax revenues following Hurricane Katrina. SEC. 3. COMMUNITY DISASTER LOANS. (a) Eligibility of States.--Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended by striking ``local government'' each place it appears and inserting ``State or local government''. (b) Amount.--Section 417(b) of such Act (42 U.S.C. 5184(b)) is amended-- (1) by striking ``based on need, shall'' and inserting ``based on need and shall''; and (2) by striking ``, and shall not exceed $5,000,000''. (c) Incidents of National Significance.--Section 417 of such Act (42 U.S.C. 5184) is amended by adding at the end the following: ``(e) Incidents of National Significance.-- ``(1) Loan terms.--In the case a loan made under this section to a State or local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster that the President determines to be an incident of national significance-- ``(A) the amount of the loan shall not be subject to the per centum limitation in subsection (b); and ``(B) the President shall not require the payment of any interest or principal on a loan. ``(2) Incident of national significance defined.--In this subsection, the term `incident of national significance' has the meaning such term has in the national response plan established pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)).''. (d) Applicability.--The amendments made by this section shall apply with respect to any major disaster occurring on or after August 24, 2005.
Community Disaster Loan Equity Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make community disaster loans to state governments. Eliminates the $5 million limit on such a loan, and prohibits the President from requiring its repayment, if the state or local government receiving it may suffer a substantial loss of tax and other revenues as a result of a major disaster determined to be an incident of national significance. Applies this Act to any major disaster occurring on or after August 24, 2005.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Earnings Test Amendments of 1993''. SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in paragraph (1) of subsection (c) and paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(1))''; (2) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(1))''; (3) in subsection (f)(3), by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),'' and by striking ``age 70'' and inserting ``(retirement age (as defined in section 216(1))''; (4) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``(retirement age (as defined in section 216(1))''; and (5) in subsection (j), by striking ``Age Seventy'' in the heading and inserting ``Retirement Age'', and by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(1))''. (b) Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in the last sentence of subsection (c), by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. SEC. 3. INCREASE IN EXEMPT AMOUNT UNDER EARNINGS TEST FOR BENEFICIARIES UNDER RETIREMENT AGE. (a) In General.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual shall be $829.16 for each month of the individual's taxable year ending after 1993 and before 1995. ``(ii) For purposes of subparagraph (B)(ii)(II), the increase in the exempt amount provided under clause (i) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 1993.''. (b) Conforming Amendments.-- (1) Section 203(f) of such Act (42 U.S.C. 403(f)) is further amended-- (A) in paragraphs (1), (3), and (4)(B), by striking ``the applicable exempt amount'' and inserting ``the exempt amount''; (B) in paragraph (8)(A), by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be effective''; and (C) in paragraph (8)(B)-- (i) by striking ``the exempt amount'' and all that follows through ``whichever'' in the matter preceding clause (i) and inserting ``the exempt amount for each month of a particular taxable year shall be whichever''; (ii) by striking ``corresponding'' in clause (i); and (iii) by striking ``an exempt amount'' in the last sentence and inserting ``the exempt amount''. (2) Section 203(h)(1)(A) of such Act (42 U.S.C. 403(h)(1)(A)) is amended by striking ``the applicable exempt amount'' and inserting ``the exempt amount''. (3) Section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``which is applicable to individuals described in subparagraph (D) thereof'' and inserting ``which would be applicable to individuals described in subparagraph (D) thereof as in effect on December 31, 1993, but for the amendments made by the Social Security Earnings Test Amendments of 1993''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to taxable years beginning after December 31, 1993.
Social Security Earnings Test Amendments of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Sets a monthly limit on the amount other OASDI beneficiaries may earn in a taxable year ending in 1994 before incurring a benefit reduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``War Crimes Disclosure Act''. SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF INFORMATION REGARDING INDIVIDUALS WHO COMMITTED NAZI WAR CRIMES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding subsection (b), this section shall apply to any matter, in the possession or control of a specified agency, that relates to any individual as to whom there exists reasonable grounds to believe that such individual, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with-- ``(i) the Nazi government of Germany, ``(ii) any government in any area occupied by the military forces of the Nazi government of Germany, ``(iii) any government established with the assistance or cooperation of the Nazi government of Germany, or ``(iv) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion. ``(B) For purposes of subparagraph (A), the term `specified agency' means the following entities, any predecessor of such an entity, and any component of such an entity (or of such a predecessor): ``(i) The Central Intelligence Agency. ``(ii) The Department of Defense. ``(iii) The National Security Agency. ``(iv) The National Security Council. ``(v) The Department of State. ``(vi) The Federal Bureau of Investigation. ``(vii) The United States Information Agency. ``(2) Paragraph (1) shall not apply to-- ``(A) any matter that is referred to in subsection (b)(6); ``(B) any matter the disclosure of which would-- ``(i) reveal an intelligence agent regarding whom there is clear and convincing evidence that the identity of such agent currently requires protection; ``(ii) by revealing the name or identity of a living person who provided confidential information to the United States, constitute a substantial risk of harm to such person (as determined by clear and convincing evidence); or ``(iii) compromise the existence of an understanding of confidentiality currently requiring protection between an agent of the Government and a cooperating individual or a foreign government, and (as determined by clear and convincing evidence) cause harm that substantially outweighs the public interest in the disclosure; ``(C) any matter regarding which there is clear and convincing evidence that the current or future threat to national security, military defense, intelligence operations, or the conduct of foreign relations of the United States substantially outweighs the public interest in disclosure of the matter; ``(D) any matter created (by any person) in connection with an investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or ``(E) any portion, of any matter, that-- ``(i) does not relate to any individual referred to in paragraph (1); and ``(ii) is reasonably segregable from any other portions of the matter that relate to an individual referred to in paragraph (1). ``(3) Any reasonably segregable portion of a matter referred to in subparagraph (A), (B), or (C) of paragraph (2) shall be provided, after deletion of all portions of the matter that are referred to in such subparagraph, to any person requesting the matter under this section if the reasonably segregable portion would otherwise be required to be disclosed under this section. ``(4) In the case of a request under this section for any matter required to be disclosed under this subsection, if the agency receiving such request is unable to locate the records so requested, such agency shall promptly supply, to the person making such request, a description of the steps which were taken by such agency to search the indices and other locator systems of the agency to determine whether such records are in the possession or control of the agency.''. (b) Inapplicability of National Security Act of 1947 Exemption.-- Section 701 of the National Security Act of 1947 (50 U.S.C. 431) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Subsection (a) shall not apply to any operational file, or any portion of any operational file, required to be disclosed under section 552(d) of title 5, United States Code (Freedom of Information Act).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to requests made after the expiration of the 180-day period beginning on the date of the enactment of this Act.
War Crimes Disclosure Act - Requires disclosure under the Freedom of Information Act (FOIA) of any matter in the possession or control of specified Federal agencies that relates to any individual who participated in the persecution of any person because of race, religion, national origin, or political opinion at the direction of, or in association with, the Nazi government of Germany. Provides disclosure exceptions, such as for: (1) personnel and medical files and similar files; (2) the protection of intelligence agents; (3) informants; (4) compelling national security reasons; or (5) any portion of any matter that does not relate to any individual who committed Nazi war crimes and is reasonably segregable from other portions of the matter that relate to such individual. Requires disclosure of information that can be reasonably separated from excepted information. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency required to be disclosed under FOIA shall not apply to information regarding Nazi war crimes participants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Access to Clinic Entrances Act of 1994''. SEC. 2. PURPOSE. Pursuant to the affirmative power of Congress to enact this legislation under section 8 of article I of the Constitution, as well as under section 5 of the fourteenth amendment to the Constitution, it is the purpose of this Act to protect and promote the public safety and health and activities affecting interstate commerce by establishing Federal criminal penalties and civil remedies for certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate or interfere with persons seeking to obtain or provide reproductive health services. SEC. 3. FREEDOM OF ACCESS TO CLINIC ENTRANCES. Chapter 13 of title 18, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 248 Freedom of Access to Clinic Entrances. ``(a) Prohibited Activities._Whoever_ ``(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; ``(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or ``(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship, shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor. ``(b) Penalties._Whoever violates this section shall_ ``(1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and ``(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both; except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. ``(c) Civil Remedies._ ``(1) Right of action._ ``(A) In general._Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. ``(2) Action by attorney general of the united states._ ``(A) In general._If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent_ ``(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and ``(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation. ``(3) Actions by state attorneys general._ ``(A) In general._If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B). ``(d) Rules of Construction._Nothing in this section shall be construed_ ``(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; ``(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; ``(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this section, or to preempt State or local laws that may provide such penalties or remedies; or ``(4) to interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services. ``(e) Definitions._As used in this section: ``(1) Facility._The term `facility' includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located. ``(2) Interfere with._The term `interfere with' means to restrict a person's freedom of movement. ``(3) Intimidate._The term `intimidate' means to place a person in reasonable apprehension of bodily harm to him- or herself or to another. ``(4) Physical obstruction._The term `physical obstruction' means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous. ``(5) Reproductive health services._The term `reproductive health services' means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. ``(6) State._The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 4. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: ``248. Blocking access to reproductive health services.''. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected thereby. SEC. 6. EFFECTIVE DATE. This Act takes effect on the date of the enactment of this Act, and shall apply only with respect to conduct occurring on or after such date. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Freedom of Access to Clinic Entrances Act of 1994 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship. Sets maximum dollar amounts of fines (including for exclusively nonviolent physical obstruction) and maximum imprisonment terms. Includes in the available civil remedies injunctive relief, compensatory and punitive damages, and costs. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that nothing in this Act shall be construed to: (1) prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; (2) create new remedies for interference with activities protected by free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; (3) provide exclusive criminal penalties or civil remedies with respect to conduct prohibited by this Act, or to preempt State or local laws that may provide such penalties or remedies; or (4) interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Biological Agents Enhanced Penalties and Control Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) certain biological agents have the potential to pose a severe threat to public health and safety; (2) such biological agents can be used as weapons by individuals or organizations for the purpose of domestic or international terrorism or for other criminal purposes; (3) the transfer and possession of potentially hazardous biological agents should be regulated to protect public health and safety; and (4) efforts to protect the public from exposure to such agents should ensure that individuals and groups with legitimate objectives continue to have access to such agents for clinical and research purposes. SEC. 3. CRIMINAL ENFORCEMENT. (a) Biological Weapons.--Chapter 10 of title 18, United States Code, is amended-- (1) in section 175(a), by inserting ``or attempts, threatens, or conspires to do the same,'' after ``to do so,''; (2) in section 177(a)(2), by inserting ``threat,'' after ``attempt,''; and (3) in section 178-- (A) in paragraph (1), by striking ``or infectious substance'' and inserting ``infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product''; (B) in paragraph (2)-- (i) by inserting ``the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule'' after ``means''; (ii) by striking ``production--'' and inserting ``production, including--''; (iii) in subparagraph (A), by inserting ``or biological product that may be engineered as a result of biotechnology'' after ``substance''; and (iv) in subparagraph (B), by inserting ``or biological product'' after ``isomer''; and (C) in paragraph (4), by inserting ``, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,'' after ``organism''. (b) Terrorism.--Section 2332a(a) of title 18, United States Code, is amended-- (1) by inserting ``, threatens,'' after ``attempts''; and (2) by inserting ``, including any biological agent, toxin, or vector (as those terms are defined in section 178)'' after ``destruction''. SEC. 4. REGULATORY CONTROL OF BIOLOGICAL AGENTS. (a) List of Biological Agents.-- (1) In general.--The Secretary shall, through regulations promulgated under subsection (c), establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety. (2) Criteria.--In determining whether to include an agent on the list under paragraph (1), the Secretary shall-- (A) consider-- (i) the effect on human health of exposure to the agent; (ii) the degree of contagiousness of the agent and the methods by which the agent is transferred to humans; (iii) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent; and (iv) any other criteria the Secretary considers appropriate; and (B) consult with scientific experts representing appropriate professional groups. (b) Regulation of Transfers of Listed Biological Agents.--The Secretary shall, through regulations promulgated under subsection (c), provide for-- (1) the establishment and enforcement of safety procedures for the transfer of biological agents listed pursuant subsection (a), including measures to ensure-- (A) proper training and appropriate skills to handle such agents; and (B) proper laboratory facilities to contain and dispose of such agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for any other criminal purpose; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. (c) Time Limits.--The Secretary shall carry out subsections (a) and (b) by issuing-- (1) interim rules not later than 90 days after the date of the enactment of this Act; (2) proposed rules not later than 180 days after the date of the enactment of this Act; and (3) final rules not later than 360 days after the date of the enactment of this Act. (d) Definitions.--For purposes of this section-- (1) the term ``biological agent'' has the same meaning as in section 178 of title 18, United States Code; and (2) the term ``Secretary'' means the Secretary of Health and Human Services.
Biological Agents Enhanced Penalties and Control Act - Amends the Federal criminal code to expand prohibitions with respect to biological weapons to include attempts, threats, and conspiracy to engage in the proscribed conduct. Authorizes the United States to obtain in a civil action an injunction against threats to engage in such conduct. Redefines: (1) "biological agent" to cover certain biological products that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product; (2) "toxin" to include the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, including certain poisonous biological products that may be engineered as a result of biotechnology or other specified biological products; and (3) "vector" to include certain molecules, including recombinant molecules, or biological products that may be engineered as a result of biotechnology. Expands code provisions regarding the use of mass destruction weapons to include threats to use such weapons and to cover any biological agent, toxin, or vector. Directs the Secretary of Health and Human Services to establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety. Sets forth criteria for inclusion in the list. Requires the Secretary to provide for: (1) the establishment and enforcement of safety procedures for the transfer of listed biological agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for other criminal purposes; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of established safety procedures or safeguards; and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. Sets forth a timetable for the Secretary to issue interim, proposed, and final rules.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reauthorization Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that the United States Commission on International Religious Freedom-- (1) was created by Congress to independently assess and to accurately and unflinchingly describe threats to religious freedom around the world; and (2) in carrying out its prescribed duties, should use its authorized powers to ensure that efforts by the United States to advance religious freedom abroad are timely, appropriate to the circumstances, prudent, and effective. SEC. 3. EXTENSION OF AUTHORITY. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``September 30, 2015'' and inserting ``September 30, 2019''. SEC. 4. STRATEGIC PLAN. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Foreign Affairs of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States Commission on International Religious Freedom established under section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431). (3) Commissioner.--The term ``Commissioner'' means a member of the Commission. (4) Vice chair.--The term ``Vice Chair'' means the Vice Chair of the Commission who was appointed to such position by an elected official from the political party that is different from the political party of the elected official who appointed the Chair of the Commission. (b) Strategic Policy and Organizational Review Planning Process.-- Not later than 60 days after the date of the enactment of this Act, and not less frequently than biennially thereafter, the Chair and Vice Chair of the Commission, in coordination with the Commissioners, the Ambassador-at-Large for International Religious Freedom, Commission staff, and others jointly selected by the Chair and Vice Chair, shall carry out a strategic policy and organizational review planning process that includes-- (1) a review of the duties set forth in section 202 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432) and the powers set forth in section 203 of such Act (22 U.S.C. 6432a); (2) the preparation of a written description of prioritized actions that the Commission is required to complete to fulfill the strategic plan required under subsection (d); (3) a review of the scope, content, and timing of the Commission's annual report and any required changes; and (4) a review of the personnel policies set forth in section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) and any required changes to such policies. (c) Unanimous Agreement.-- (1) In general.--To the greatest extent possible, the Chair, Vice Chair, and all of the Commissioners shall ensure that this section is implemented in a manner that results in unanimous agreement among the Commissioners with regard to-- (A) the strategic policy and organizational review planning process required under subsection (b); and (B) the strategic plan required under subsection (d). (2) Alternative approval process.--If unanimous agreement under paragraph (1) is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by an affirmative vote of-- (A) a majority of Commissioners appointed by an elected official from the political party of the President; and (B) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. (d) Submission of Strategic Plan.--Not later than 180 days after the date of the enactment of the Act, and not less frequently than biennially thereafter, the Chair and Vice Chair of the Commission shall jointly submit, to the appropriate congressional committees, a written strategic plan that includes-- (1) a description of prioritized actions for the Commission for a period of time to be specified by the Commissioners; (2) a description of any changes the Commission considers necessary with regard to the scope, content, and timing of the Commission's annual report; (3) a description of any changes the Commission considers necessary with regard to personnel matters; and (4) the Commission's funding requirements for the period covered by the strategic plan. (e) Pending Issues.--The strategic plan required under subsection (d) may identify any issues or proposals that have not yet been resolved by the Commission. (f) Implementation of Personnel Provisions and Annual Report.-- Notwithstanding section 204(a) and 205(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b(a) and 6533(a)), the Commission is authorized to implement provisions related to personnel and the Commission's annual report that are included in the strategic plan submitted pursuant to this section. (g) Congressional Oversight.--Upon request, the Commission shall-- (1) make available for inspection any information and documents requested by the appropriate congressional committees; and (2) respond to any requests to provide testimony before the appropriate congressional committees. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 207 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435) is amended to read as follows: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Commission $3,500,000 for each of the fiscal years 2016 to 2019 to carry out the provisions of this Act and section 4 of the United States Commission on International Religious Freedom Reauthorization Act of 2015. ``(b) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) shall remain available until the earlier of-- ``(1) the date on which they have been expended; or ``(2) the date on which the Commission is terminated under section 209. ``(c) Limitation.--In each fiscal year, the Commission shall only be authorized to expend amounts that have been appropriated pursuant to subsection (a) if the Commission-- ``(1) complies with the requirements set forth in section 4 of the United States Commission on International Religious Freedom Reauthorization Act of 2015; and ``(2) submits the annual financial report required under section 208(e) to the appropriate congressional committees.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
. The expanded summary of the Senate reported version is repeated here.) United States Commission on International Religious Freedom Reauthorization Act of 2015 This bill reauthorizes the U.S. Commission on International Religious Freedom (USCIRF) through FY2019. (Sec. 2) It expresses the sense of Congress that USCIRF: (1) was created to independently assess and accurately describe threats to religious freedom around the world; and (2) should ensure that U.S. efforts to advance religious freedom abroad are timely, appropriate to the circumstances, prudent, and effective. (Sec. 3) The termination date of USCIRF is extended to September 30, 2019. (Sec. 4) The Chair and Vice Chair of USCIRF must at least biennially carry out a strategic policy and organizational review and submit a strategic plan to Congress concerning: (1) prioritized actions for USCIRF, (2) any changes it considers necessary with regard to the scope, content, and timing of USCIRF's annual report; (3) any changes USCIRF considers necessary with regard to personnel matters; and (4) USCIRF's funding requirements. If unanimous agreement is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by: (1) a majority of Commissioners appointed by an elected official from the political party of the President, and (2) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. The Vice Chair for such purposes must be appointed by an elected official from the political party that is different from the political party of the elected official who appointed the Chair. USCIRF is authorized to implement provisions related to personnel and the annual report that are included in the strategic plan, notwithstanding USCIRF's annual recommendations on U.S. policy options and a current requirement that a decision to employ or terminate an Executive Director be made by an affirmative vote of at least six of USCIRF's nine members. USCIRF, upon request, must provide testimony and make information available to Congress. (Sec. 5) USCIRF is authorized to expend appropriated amounts only if it complies with this Act and submits its annual financial report identifying expenditures for the preceding fiscal year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sequestration Relief Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Congress must enact a comprehensive, deficit reduction plan to solve the country's fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States. (2) The keys to a comprehensive, deficit reduction solution are increased revenues and changes in mandatory spending. (3) The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations, and it reduced discretionary spending by approximately $1 trillion through fiscal year 2021. (4) Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered. (5) Sequestration was designed as a forcing mechanism for an agreement on a comprehensive, deficit reduction plan. It has failed to produce the intended results. (6) It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our government and to the economy are too great. (7) Under sequestration, automatic, indiscriminate cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength. (8) Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery. (9) Therefore, Congress must eliminate the threat of sequestration. (10) Given the magnitude of the Federal deficit, it is likely that additional cuts to discretionary spending will be necessary for a comprehensive deficit reduction solution. (11) Congress must establish a manageable, long-term discretionary spending plan. An additional $320 billion in targetable cuts to discretionary appropriations from fiscal year 2014 through fiscal year 2021 represents one-third of the net amount that would have been indiscriminately cut by sequestration over fiscal years 2013 through 2021. (12) It is recognized that a reduction of $167 billion to discretionary appropriations within budget function 050 from fiscal year 2014 through fiscal year 2021 will affect the National Military Strategy. The Department of Defense is highly encouraged to revisit its current strategic guidance and to work closely with Congress in building a new National Military Strategy that accounts for available resource levels. (b) Purposes.--The purposes of this Act are to-- (1) eliminate the threat of sequestration to the American economy; (2) offer the Federal Government, industry, and the American people the predictability that economic recovery demands; (3) enable the Congress to pass appropriations legislation in regular order with a clear discretionary spending budget and grant the legislative and executive branches of government the flexibility needed to identify and implement specific discretionary spending reductions in a responsible and deliberate manner; and (4) provide a practicable, long-term discretionary spending plan that will contribute to a comprehensive, balanced, long- term, deficit reduction solution that includes affordable revisions to mandatory spending and new revenues. SEC. 3. REPEAL OF SECTION 251A SEQUESTRATIONS. Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. SEC. 4. $320 BILLION REDUCTION IN DISCRETIONARY SPENDING LIMITS. The discretionary spending limits set forth in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(3) for fiscal year 2014-- ``(A) for the security category, $546,000,000,000 in budget authority; and ``(B) for the nonsecurity category, $501,000,000,000 in budget authority; ``(4) with respect to fiscal year 2015-- ``(A) for the security category, $550,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $505,000,000,000 in new budget authority; ``(5) with respect to fiscal year 2016-- ``(A) for the security category, $559,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $513,000,000,000 in new budget authority; ``(6) with respect to fiscal year 2017-- ``(A) for the security category, $569,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $522,000,000,000 in new budget authority; ``(7) with respect to fiscal year 2018-- ``(A) for the security category, $579,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $531,000,000,000 in new budget authority; ``(8) with respect to fiscal year 2019-- ``(A) for the security category, $589,500,000,000 in new budget authority; and ``(B) for the nonsecurity category, $541,000,000,000 in new budget authority; ``(9) with respect to fiscal year 2020-- ``(A) for the security category, $602,500,000,000 in new budget authority; and ``(B) for the nonsecurity category, $553,000,000,000 in new budget authority; ``(10) with respect to fiscal year 2021-- ``(A) for the security category, $616,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $565,000,000,000 in new budget authority;''. SEC. 5. DEFINITION OF SECURITY CATEGORY. Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(B)(i) For fiscal years 2012 and 2013, the term `security category' means discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95-0401-0-1-054), and all budget accounts in budget function 150 (international affairs). ``(ii) For fiscal years 2014 through 2021, the term `security category' means discretionary appropriations in budget function 050 (national defense).''. SEC. 6. SUSPENSION OF STATUTORY LIMIT ON THE PUBLIC DEBT UNTIL FEBRUARY 1, 2017. Section 2 of the No Budget, No Pay Act of 2013 is amended-- (1) in subsection (a), by striking ``May 18, 2013'' and inserting ``January 31, 2017''; and (2) in subsection (b), by striking ``May 19, 2013'' each place it appears and inserting ``February 1, 2017''.
Sequestration Relief Act of 2013 - Amends the Balanced Budget and Emergency Deficit Controlled Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to repeal automatic sequestration to enforce a specified budget goal. Reduces the discretionary spending limits for security and nonsecurity categories by $320 billion for FY2014-FY2021. Confines the current meaning of "security category" under the Gramm-Rudman-Hollings Act to FY2012-FY2013. Revises the definition of "security category" for FY2014-FY2021 to mean discretionary appropriations in all of budget function 050 (national defense). Amends the No Budget, No Pay Act of 2013 to suspend through January 31, 2017, the current $16.394 trillion public debt limit. Postpones until February 1, 2017, an automatic increase in the public debt limit to the extent that: (1) the face amount of obligations issued and the face amount of obligations whose principal and interest are guaranteed by the federal government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on February 1, 2017, exceeds (2) the face amount of such obligations outstanding on the date of enactment of the No Budget, No Pay Act of 2013 (February 24, 2013). Prohibits an obligation from being taken into account unless its issuance was necessary to fund a commitment incurred by the federal government that required payment before February 1, 2017.
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SECTION 1. PROHIBITION. (a)(1) The Secretary of the Interior shall not issue a lease, permit, or license for the exploration for or extraction of oil or gas on or from submerged lands described in subsection (b). (2)(A) No person shall explore for or extract oil or gas on or from any area of the submerged lands described in subsection (b) after the date of the cancellation, expiration, relinquishment, surrender, or termination of a lease with respect to such area. (B) Except as provided in subparagraph (A), this subsection shall not prohibit exploration for or extraction of oil or gas on or from any area of submerged lands under the terms of a lease, permit, or license in effect on the date of enactment of this Act with respect to such area. (b)(1) The lands with respect to which subsection (a) applies shall include-- (A) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Florida, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and all submerged lands south of 26 degrees north latitude and east of 86 degrees west longitude; (B) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Georgia; (C) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of South Carolina; (D) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 175 miles of any point of the coast line of the State of North Carolina; (E) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Virginia; (F) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Maryland, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (G) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Delaware, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (H) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New Jersey, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (I) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New York, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (J) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Connecticut, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (K) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Rhode Island, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (L) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Massachusetts, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and lands within the 400 meter isobath surrounding Georges Bank, identified by the Department of the Interior as consisting of the following blocks: in protraction diagram NJ 19-1, blocks numbered 12-16, 54-55 and 57-58; in protraction diagram NK 19-5, blocks numbered 744, 788, 831-832, and 1005- 1008; in protraction diagram NK 19-6, blocks numbered 489-491, 532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-716, 749-761, 793-805, and 969-971; in protraction diagram NK 19-8, blocks numbered 37-40, 80-84, 124-127, and 168-169; in protraction diagram NK 19-9, blocks numbered 13-18, 58-63, 102- 105, 107-108, 146-149, 151-152, 191-193, 195-197, 235-237, 240- 242, 280-282, 284-286, 324-331, 368-376, 412-420, 456-465, 500- 510, 543-554, 587-594, 596-599, 631-637, 640-644, 675-688, 718- 733, 762-778, 805-821, 846-865, 887-891, 894-908, 930-950, and 972-994; in protraction diagram NK 19-10, blocks numbered 474- 478, 516-524, 560-568, 604-612, 647-660, 692-704, 737-748, 787- 792, 830-836, 873-880, 967-968, and 1011-1012; in protraction diagram NK 19-11, blocks numbered 621-632, 665-676, 700, 709- 720, 744, 753-764, 785, 797-808, 825-827, 841-852, 856-860, 869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-975, and 985-989; and in protraction diagram NK 19-12, blocks numbered 452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 617-621, 623-624, 661-662, 664-665, and 705-706; (M) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of New Hampshire; (N) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Maine; (O) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 145 miles of any point of the coast line of the State of California, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (P) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Oregon; (Q) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Washington; and (R) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Alaska, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act. (2) The lands with respect to which subsection (a) applies shall not include any portion of the Central or Western Gulf of Mexico planning areas of the Department of the Interior. (c)(1)(A) Notwithstanding section 5(a)(2) (A) and (B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the Secretary of the Interior shall cancel any lease or permit in effect on the date of enactment of this Act in areas described in subparagraph (B), and such cancellation shall entitle the lessee to receive compensation under section 5(a)(2)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)(C)). (B) The areas with respect to which subparagraph (A) applies are as follows: (i) Any lands south of 26 degrees north latitude and east of 86 degrees west longitude. (ii) Any lands within the North Aleutian Basin planning area of the Department of the Interior. (2) The Secretary of the Interior shall report to the Congress within 9 months after the date of the enactment of this Act on alternative options for compensating leaseholders on blocks numbered 204, 246, 247, 290, 291, 334, 335, 378, 379, 422, 423, 466, 467, 510, 511, 553, 554, 555, 597, 598, 599, 640, 641, and 642 on protraction diagram NI 18-2 of the Universal Transverse Mercator Grid System, assuming the compensation procedures outlined in section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334). These options shall include, to the extent practicable, credits in lieu of appropriations, such as credits on Federal royalties on producing Outer Continental Shelf leases.
Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified portions of the Outer Continental Shelf on both the Atlantic and Pacific coasts, including Alaska. Excludes from such proscription the Central and Western Gulf of Mexico planning areas of the Department of the Interior.
{"src": "billsum_train", "title": "To prohibit the Secretary of the Interior from issuing oil and gas leases on certain portions of the Outer Continental Shelf."}
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SECTION 1. PURPOSE. The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft under-- (1) the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington, August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.); (2) the Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, signed at Mexico City, February 7, 1936 (USTS 912) (16 U.S.C. 703 et seq.); (3) the Convention between the United States and Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and Their Environment, signed at Tokyo, March 4, 1974 (TIAS 7990) (16 U.S.C. 703 et seq.); and (4) the Convention between the United States and the Soviet Union Concerning the Conservation of Migratory Birds and Their Environment, signed at Moscow, November 19, 1976 (TIAS 9073) (16 U.S.C. 703 et seq.). SEC. 2. CLARIFICATION FOR ALASKA NATIVE ARTICLES CONTAINING MIGRATORY BIRD PARTS. (a) In General.--Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following: ``(c) Clarification for Authentic Alaska Native Articles of Handicraft.-- ``(1) Definitions.--In this subsection: ``(A) Alaska native.--The term `Alaska Native' means-- ``(i) a person who is a member of any Native village, Village Corporation, or Regional Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); or ``(ii) a member of any Indian tribe that is based in Alaska. ``(B) Authentic alaska native article of handicraft.-- ``(i) In general.--The term `authentic Alaska Native article of handicraft' means any item that is-- ``(I) composed, wholly or in a significant respect, of natural materials; and ``(II) produced, decorated, or fashioned in significant part by hand-- ``(aa) by an Alaska Native; ``(bb) in the exercise of traditional Alaska Native handicrafts; and ``(cc) without the use of any mass copying device. ``(ii) Inclusions.--The term `authentic Alaska Native article of handicraft' includes-- ``(I) any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); or ``(II) any item, including clothing, described in subclause (I) that combines the techniques described in that subclause. ``(C) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Clarification for certain authentic alaska native articles of handicraft.--Subject to paragraph (3) and notwithstanding any other provision of this Act, nothing in this Act prohibits the possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped or delivered for transportation, transport, causing to be transported, carrying, causing to be carried, or receiving for shipment, transportation, or carriage of any authentic Alaska Native article of handicraft on the basis that the authentic Alaska Native article of handicraft contains a nonedible migratory bird part. ``(3) Limitation.--This subsection does not apply to an authentic Alaska Native article of handicraft containing a part of a migratory bird that was taken in a wasteful manner.''. (b) Technical Amendment.--Section 2(a) of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by inserting a comma after ``March 4, 1972''.
This bill amends the Migratory Bird Treaty Act to provide that nothing in such Actprohibits possessing, selling, bartering, purchasing, shipping, and transporting any authentic Alaska Native handicraft, clothing or art on the basis that it contains a non-edible migratory bird part, so long as the bird was not taken in a wasteful manner.
{"src": "billsum_train", "title": "A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Triad Program Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) older Americans are among the most rapidly growing segments of our society; (2) currently, the elderly comprise 15 percent of our society, and predictions are that by the turn of the century they will constitute 18 percent of our Nation's population; (3) older Americans find themselves uniquely situated in our society, environmentally and physically; (4) many elderly Americans are experiencing increased social isolation due to fragmented and distant familial relations, scattered associations, limited access to transportation, and other insulating factors; (5) physical conditions such as hearing loss, poor eyesight, lessened agility, and chronic and debilitating illnesses often contribute to an older person's susceptibility to criminal victimization; (6) our elders are too frequently the victims of abuse and neglect, violent crime, property crime, consumer fraud, medical quackery, and confidence games; (7) studies have found that elderly victims of violent crime are more likely to be injured and require medical attention than are younger victims; (8) victimization data on crimes against the elderly are incomplete and out of date, and data sources are partial, scattered, and not easily obtained; (9) although a few studies have attempted to define and estimate the extent of elder abuse and neglect, both in their homes and in institutional settings, many experts believe that this crime is substantially underreported and undetected; (10) similarly, while some evidence suggests that the elderly may be targeted in a range of fraudulent schemes, neither the Uniform Crime Report nor the National Crime Survey collects data on individual- or household-level fraud; (11) law enforcement officers and social service providers come from different disciplines and frequently bring different perspectives to the problem of crimes against the elderly; (12) these differences, in turn, can contribute to inconsistent approaches to the problem and inhibit a genuinely effective response; (13) there are, however, a few efforts currently under way that seek to forge partnerships to coordinate criminal justice and social service approaches to victimization of the elderly; (14) the Triad program, sponsored by the National Sheriffs' Association (NSA), the International Association of Chiefs of Police (IACP), and the American Association of Retired Persons (AARP), is one such effort; (15) recognizing that older Americans have the same fundamental desire as other members of our society to live freely, without fear or restriction due to the criminal element, the Federal Government seeks to expand efforts to reduce crime against this growing and uniquely vulnerable segment of our population; and (16) our goal is to support a coordinated effort among law enforcement and social service agencies to stem the tide of transgenerational violence against the elderly and to support media and nonmedia strategies aimed at increasing both public understanding of the problem and the elderly person's skills in preventing crime against themselves and their property. SEC. 3. PURPOSE. The purpose of this Act is to address the problem of crime against the elderly in a systematic and effective manner with a program of practical and focused research, development, and dissemination designed to assist States and units of local government in implementing specific programs of crime prevention, victim assistance, citizen involvement, and public education that offer a high probability of improving the coordinated effectiveness of law enforcement and social service efforts. The efforts of local coalitions, such as the Triad model being piloted in a number of areas by National Sheriffs' Association, International Association of the Chiefs of Police, and American Association of Retired Persons, are of particular interest. SEC. 4. NATIONAL ASSESSMENT AND DISSEMINATION. (a) In General.--The Director of the National Institute of Justice (referred to as the ``Director'') shall conduct a national assessment of-- (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organizations in working to prevent, identify, investigate, and provide assistance to victims of those crimes; and (3) promising strategies to respond effectively to those challenges. (b) Matters to be Addressed.--The national assessment made pursuant to subsection (a) shall address-- (1) the analysis and synthesis of data from a range of sources in order to develop accurate information on the nature and extent of crimes against the elderly, including identifying and conducting such surveys and other data collection efforts as are needed and designing a strategy to keep such information current over time; (2) the problem of the most vulnerable and hard-to-reach elderly who are in poor health, are living alone or without family nearby, or are living in high crime areas; (3) the problem of elderly who are abused and neglected, sometimes in the home and sometimes in health care facilities, sometimes subjected to physical abuse and at other times to verbal aggression and neglect; (4) the problem of fear of victimization, which inhibits the freedom of the elderly and can make them prisoners in their homes; (5) the identification of strategies and techniques that have been shown to be effective, or appear to hold promise of being effective, in responding to the problems described in this subsection and in preventing, reducing, and ameliorating the impact of crime against the elderly; (6) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers to crimes against the elderly and the treatment of elderly victims; and (7) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly, including the changes anticipated in the crimes themselves and appropriate responses as our society increasingly ages, and the identification and evaluation of effective and fiscally feasible approaches to prevent and reduce victimization of our Nation's elderly citizens. (c) Dissemination.--Based on the results of the national assessment and analysis of successful or promising strategies in dealing with the problems described in subsection (b) and other problems, including coalition efforts such as the Triad programs referred to in sections 2 and 3, the Director shall disseminate the results through reports, publications, clearinghouse services, public service announcements, and programs of evaluation, demonstration, training, and technical assistance. SEC. 5. PILOT PROGRAMS. (a) Awards.--The Director may make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of particularly promising strategies and models for forging partnerships for crime prevention and service provision based on the concepts of the Triad model, which can then be evaluated and serve as the basis for further demonstration and education programs. (b) Eligibility.--Pilot programs funded under this section may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community, such as fraud, burglary, or abuse and neglect, or to target a particular geographic area in need of intensive services. SEC. 6. EVALUATION AND DISSEMINATION AWARDS. In conjunction with the national assessment under section 4 and the pilot programs under section 5, the Director may make awards to-- (1) coalitions of national law enforcement, victim service, and elder advocate organizations, for the purposes of providing training and technical assistance in implementing pilot programs, including programs based on the concepts of the Triad; (2) research organizations, for the purposes of-- (A) investigating the types of elder victimization shown by the national assessment to present particularly critical problems or to be emerging crimes about which little is known; (B) evaluating the effectiveness of selected pilot programs; and (C) conducting the research and development identified through the national assessment as being critical; and (3) public service advertising coalitions, for the purposes of mounting a program of public service advertisements to increase public awareness and understanding of the issues surrounding crimes against the elderly and promoting ideas or programs to prevent them. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Of amounts authorized to be appropriated to the National Institute of Justice under section 1001(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(2)), $5,000,000 shall be available to carry out this Act, of which-- (1) up to $2,000,000 may be used to fund up to 20 pilot programs; (2) up to $1,000,000 may be used to fund a national training and technical assistance effort; (3) up to $1,000,000 may be used to develop public service announcements; and (4) up to $1,000,000 may be used for the national assessment, the evaluation of pilot programs, and the carrying out of the research agenda.
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) crimes against the elderly; (2) the needs of law enforcement, health, and social service organizations in working to assist victims; and (3) promising strategies to respond effectively. Specifies that such assessment shall address the problems of elderly who are living alone or in high crime areas and who are abused and neglected and the fear of victimization. Authorizes the Director to make awards to: (1) coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area; (2) research organizations to investigate the types of elder victimization that present particularly critical problems or emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct critical research and development; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
{"src": "billsum_train", "title": "National Triad Program Act"}
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