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SECTION 1. SHORT TITLE. This Act may be cited as the ``Koby Mandell Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous American citizens have been murdered or maimed by terrorists around the world, including more than 100 murdered since 1968 in terrorist attacks occurring in Israel or in territories administered by Israel or in territories administered by the Palestinian Authority. (2) Some American citizens who have been victims of terrorism overseas, especially those harmed by terrorists operating from areas administered by the Palestinian Authority, have not received from the United States Government services equal to those received by other such victims of overseas terrorism. (3) The United States Government has not devoted adequate efforts or resources to the apprehension of terrorists who have harmed American citizens overseas, particularly in cases involving terrorists operating from areas administered by the Palestinian Authority. Monetary rewards for information leading to the capture of terrorists overseas, which the Government advertises in regions where the terrorists are believed to be hiding, have not been advertised in areas administered by the Palestinian Authority. (4) This situation is especially grave in the areas administered by the Palestinian Authority, because many terrorists involved in the murders of Americans are walking free there; some of these terrorists have been given positions in the Palestinian Authority security forces or other official Palestinian Authority agencies; and a number of schools, streets, and other public sites have been named in honor of terrorists who were involved in the murders of Americans. (5) To remedy these and related problems, an office should be established within the Department of Justice for the purpose of ensuring equally vigorous efforts to capture all terrorists who have harmed American citizens overseas and equal treatment for all American victims of overseas terrorism. SEC. 3. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS TERRORISM IN THE DEPARTMENT OF JUSTICE. (a) In General.--There is established within the Department of Justice an Office of Justice for Victims of Overseas Terrorism (in this Act referred to as the ``Office'') to carry out the following activities: (1) Rewards for justice.-- (A) In general.--The Office shall assume responsibility for administration of the Rewards for Justice program and its website. (B) Administration.--In administering the Rewards for Justice program the Office shall ensure that-- (i) rewards are offered to capture all terrorists involved in harming American citizens overseas, regardless of the terrorists' country of origin or residence; (ii) such rewards are prominently advertised in the mass media and public sites in all countries or regions where such terrorists reside; (iii) the names and photographs and suspects in all such cases are included on the website; and (iv) the names of the specific organizations claiming responsibility for terrorist attacks mentioned on the site are included in the descriptions of those attacks. (2) Notification program.--The Office shall establish and administer a program-- (A) comparable to the VINE system for notification of crime victims; and (B) that will provide notification for American victims of overseas terrorism or their immediate family to update them on the status of efforts to capture the terrorists who harmed them. (3) Government representation.--The Office shall send an official United States Government representative to attend the funeral of every American victim of terrorism overseas. (4) Report.--The Office shall assume responsibility for providing twice-annual reports to Congress as required by section 805 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001. (5) Profiting from crimes.--The Office shall work with other United States Government agencies to expand legal restrictions on the ability of murderers to reap profits from books or movies concerning their crimes so as to ensure that terrorists who harm American citizens overseas are unable to profit from book or movie sales in the United States. (6) Terrorists as police.--The Office shall-- (A) determine if terrorists who have harmed American citizens overseas are serving in their local police or security forces; and (B) if it is found that terrorists who have harmed American citizens overseas are serving in their local police or security forces-- (i) alert those United States Government agencies involved in providing assistance, directly or indirectly, to those forces; and (ii) request of those agencies that all such assistance be halted until the aforementioned terrorists are removed from their positions. (7) Patterns of prosecution.--The Office shall-- (A) undertake a comprehensive assessment of the pattern of United States indictments and prosecution of terrorists who have harmed American citizens overseas, in order to determine the reasons for the absence of indictments of terrorists residing in some regions, such as the territories controlled by the Palestinian Authority; and (B) provide the assessment to the Attorney General and to Congress, together with its recommendations. (8) Monitoring.--The Office shall-- (A) monitor public actions by governments and regimes overseas pertaining to terrorists who have harmed American citizens, such as the naming of schools, streets, or other public institutions or sites after such terrorists; and (B) in such instances, encourage other United States Government agencies to halt their provision of assistance, directly or indirectly, to those institutions. (9) Compensation.--The Office shall initiate negotiations to secure appropriate financial compensation for American citizens, or the families of such citizens, who were harmed by organizations that claim responsibility for acts of terrorism against Americans overseas and that subsequently become part of a governing regime with which the United States Government maintains diplomatic or other official contacts, such as the Palestinian Authority. (10) Incarcerated terrorists.--The Office shall-- (A) monitor the incarceration abroad of terrorists who harmed Americans overseas, to ensure that their conditions of incarceration are reasonably similar to conditions of incarceration in the United States; and (B) in cases where terrorists who have harmed Americans overseas, and are subsequently released from incarceration abroad, are eligible for further prosecution in the United States, coordinate with other Government agencies to seek the transfer of those terrorists to the United States for further prosecution. (11) Persona non grata.--The Office shall strive to ensure that all terrorists who have harmed Americans overseas are treated by the United States Government as persona non grata, including steps such as-- (A) denying those individuals visas for entry to the United States; (B) urging United States Government agencies to refrain from political and diplomatic contacts with those individuals; and (C) instructing United States embassies and consulates to urge American visitors to those countries to refrain from patronizing businesses that are owned or operated by such individuals. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2003 and each subsequent fiscal year such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
Koby Mandell Act of 2003 - Establishes within the Department of Justice an Office of Justice for Victims of Overseas Terrorism.Requires the Office to: (1) assume responsibility for administration of the Rewards for Justice program and its website; (2) ensure that rewards are offered to capture all terrorists involved in harming American citizens overseas; (3) establish and administer a program comparable to the VINE system for notification of crime victims to notify or update American victims of overseas terrorism or their families on the status of efforts to capture the terrorists; (4) send an official U.S. Government representative to attend the funeral of every American victim of terrorism overseas; (5) work to expand restrictions on the ability of murderers to reap profits from books or movies concerning their crimes; (6) determine if terrorists who have harmed Americans overseas are serving in their local police or security forces and alert U.S. agencies that provide assistance to those forces; (7) undertake a comprehensive assessment to determine the reasons for the absence of indictments of terrorists residing in some regions; (8) monitor public actions pertaining to terrorists by governments and regimes overseas, such as naming streets or public institutions after terrorists; (9) initiate negotiations to secure financial compensation for American citizens who were harmed by an organization that claims responsibility for terrorist acts against Americans overseas and that subsequently become part of a governing regime with which the U.S. Government maintains diplomatic or official contacts; (10) monitor the incarceration abroad of terrorists who harmed Americans overseas; and (11) ensure that all terrorists who have harmed Americans overseas are treated by the Government as persona non grata.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Response to Terrorism and Consequence Management Act of 2002''. TITLE I--CAPACITY BUILDING FOR URBAN SEARCH AND RESCUE TASK FORCES SEC. 101. SHORT TITLE. This title may be cited as the ``National Urban Search and Rescue Task Force Assistance Act of 2002''. SEC. 102. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Federal Emergency Management Agency (FEMA) established the National Urban Search and Rescue Response System in 1989 pursuant to requirement in the Earthquakes Hazards Reduction Act of 1977 which directed FEMA to provide adequate search and rescue capacity in the event of an earthquake; (2) once the President has issued a major disaster declaration following a request by a governor, FEMA may activate up to three task forces that are closest to the disaster and additional task forces may be activated as necessary; (3) each task force must be able to deploy all personnel and equipment within six hours of activation and are expected to be able to sustain themselves for the first 72 hours of operations; (4) each task force must be capable of deploying at least 62 fully trained individuals, with each position staffed three deep to ensure the availability of at least two alternatives available in reserve for each position for a total of 186 members in each task force; (5) task forces are supported by Incident Support Teams which provide technical assistance to state and local emergency managers, coordinate the activities of multiple task forces, and provide logistical support; (6) in fiscal year 2001, FEMA provided $7,200,000 to the task forces for training and equipment, allocated according to need; (7) in fiscal year 2001, FEMA provided some $6,000,000 for upgrading the capability of six task forces to respond to disaster resulting from the use of weapons of mass destruction, including the capacity to search and provide assistance in an environment with chemical, biological, or radiological contamination; (8) there currently are 28 task forces throughout the United States; (9) since the terrorist attacks of September 11, 2001, the need for fully equipped and trained task forces is obvious; (10) by noon of September 12, 2001, eight task forces were working valiantly with the courageous New York firefighters to address the aftermath of the terrorist attacks on the World Trade Center, four task forces responded to the attacks on the Pentagon, and 25 of 28 task forces were deployed over a three- week period; (11) each task force is currently in need of additional training and support equipment with each task force being deployed with some 80,000 pounds of search, rescue, and support equipment valued at some $1,800,000; (12) each task force is supported by some $150,000 per year in operating costs with needs of approximately $1,500,000 to maintain optimum operational efficiency; (13) many task forces have inadequate transportation to ensure a timely response to disasters, including acts of terrorism; (14) the cost of maintaining FEMA's Incident Support Teams as part of the search and rescue task forces is $5,000,000 per year; (15) the Federal Government needs to ensure that each task force is adequately trained and equipped to perform urban search and rescue functions in all environments, including the aftermath from acts of terrorism involving weapons of mass destruction; (16) the Federal Government needs to ensure that each task force has adequate equipment to meet all operational needs and staff support; (17) the Federal Government needs to ensure that each task force has the capability to put two full teams in the field to meet any disaster or act of terrorism; (18) the Federal Government needs to ensure that designated task forces have the capability to deploy internationally to provide search and rescue functions vital to our interests and those of our allies; and (19) while these task forces were originally created for earthquake response, these highly capable task forces have an expanding and vital role in responding to acts of terrorism, including those involving weapons of mass destruction. (b) Purpose.--The purpose of this act is to provide the needed funds, equipment, and training to ensure that all urban search and rescue task forces have the full capability to respond to all emergency search and rescue needs arising from any disaster, including acts of terrorism involving a weapon of mass destruction. SEC. 103. DEFINITIONS. For purposes of this title, the following definitions apply: (1) The term ``Director'' shall mean the Director of the Federal Emergency Management Agency. (2) The term ``urban search and rescue task force'' shall be any of the 28 urban search and rescue task forces currently designated by FEMA. (3) The term ``urban search and rescue equipment'' means any equipment, determined by the Director, as necessary to respond to any emergency, designated as a disaster by the President of the United States, including any emergency for which the proximate cause is a terrorist act, including biological, nuclear/radioactive, or chemical terrorism. SEC. 104. ASSISTANCE. (a) Eligible Activities.--The Director may provide one or more grants to each urban search and rescue task forces for-- (1) operational costs in excess of the funds provided under subsection (b) of this section; (2) the cost of all needed urban search and rescue equipment; (3) the cost of equipment needed to allow a task force to operate in an environment contaminated by weapons of mass destruction, including chemical, biological, and nuclear/ radioactive contaminants; (4) the cost of training, including training for operating in an environment contaminated by weapons of mass destruction, including chemical, biological, and nuclear/radioactive weapons; (5) the cost of transportation; (6) the cost of task force expansion; (7) the cost of Incident Support Teams, including the cost to conduct appropriate task force readiness evaluations; and (8) the cost of making task forces capable of responding to international disasters, including acts of terrorism. (b) Cost of Operations.--The Director shall provide not less than $1,500,000 for operational costs to each urban search and rescue task force in each fiscal year. (c) Priority for Funding.--The Director shall prioritize all funding under this section to ensure that all urban search and rescue task forces have the capacity, including all needed equipment and training, to deploy two separate task forces simultaneously from each sponsoring agency. (d) Funding Requirements for International Search and Rescue Teams.--The Director shall only make grants to fund subsection (a)(8) upon a determination of need by the Director or to maintain existing capacity, according to criteria established by the Secretary of State in coordination with the Director. SEC. 105. GRANT REQUIREMENTS. The Director shall establish such requirements as necessary to award grants under this Act. SEC. 106. TECHNICAL ASSISTANCE FOR COORDINATION. The Director may award no more than four percent of the funds appropriated for any fiscal year under section 109 for technical assistance to allow urban search and rescue task forces to coordinate with other agencies and organizations, including career and volunteer fire departments, to meet state and local disasters, including those resulting from acts of terrorism involving the use of a weapon of mass destruction including chemical, biological, and nuclear/radioactive weapons. SEC. 107. ADDITIONAL TASK FORCES. The Director is authorized to establish additional urban search and rescue teams pursuant to a finding of need. No additional urban search and resuce teams may be designated or funded until the first 28 teams are fully funded and able to deploy simultaneously two task forces from each sponsoring agency with all necessary equipment, training, and transportation. SEC. 108. PERFORMANCE OF SERVICES. For purposes of ensuring the effectiveness of the urban search and resuce task forces assisted under this Act, the Director may use the authority under section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended (42 U.S.C. 5149), to incur any additional obligations as determined necessary by the Director. Such obligations may include the cost of temporary employment, workmen compensation, insurance, and other compensation for work-related injuries consistent with memorandums of understanding agreed to between the Director and the task forces. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $160,000,000 for fiscal year 2002 of which each task force is to receive not less than $1,500,000 for operational costs (including the costs of basic search and rescue equipment). TITLE II--PROMOTE THE CONTRIBUTION OF EQUIPMENT TO VOLUNTEER FIREFIGHTING DEPARTMENTS SEC. 201. SHORT TITLE. This title may be cited as the ``Good Samaritan Volunteer Firefighter Assistance Act of 2002''. SEC. 202. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES. (a) Liability Protection.--A person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death proximately caused by the equipment after the donation. (b) Exceptions.--Subsection (a) does not apply to a person if-- (1) the person's act or omission proximately causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of the fire control or fire rescue equipment. (c) Preemption.--This Act preempts the laws of any State to the extent such laws are inconsistent with this Act, except that notwithstanding subsection (b), this Act shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company. (d) Certification of Safety by State Fire Marshal.--The State shall designate its State Fire Marshal or equivalent person to certify the safety and usefulness of the fire control or fire rescue equipment that is being donated. (e) Definitions.--In this section: (1) Person.--The term ``person'' includes any governmental or other entity. (2) Fire control or rescue equipment.--The term ``fire control or fire rescue equipment'' includes any fire vehicle, fire fighting tool, emergency medical equipment, protective gear, fire hose, or breathing apparatus. (3) Gross negligence.--The term ``gross negligence'' shall mean voluntary and conscious conduct harmful to the health or well-being of another person by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' shall mean voluntary and conscious conduct harmful to the health or well-being of another person by a person who, at the time of the conduct, knew that the conduct was harmful to the health or well-being of another person. (5) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory, or possession of the United States, and any political subdivision of any such State, territory, or possession. (6) Volunteer fire company.--The term ``volunteer fire company'' shall mean an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual. (f) Effective Date.--This Act applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after the date of the enactment of this Act. TITLE III--ESTABLISHMENT OF COORDINATION OFFICE WITHIN THE FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 301. ESTABLISHMENT OF COORDINATION OFFICE FOR RESPONDING TO ACTS OF TERRORISM. (a) FEMA Office for Emergency Coordination.--The Director of the Federal Emergency Management Agency (FEMA) shall establish or designate an office within FEMA to coordinate the response of State and local agencies, including fire departments, hospitals, and emergency medical facilities, to acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/ radiological contamination. (b) Definitions.-- (1) The term ``Director'' shall mean the Director of the Federal Emergency Management Agency. (2) The term ``State'' shall mean each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (c) Technical Assistance Grants.--The Director is authorized to make grants to provide technical assistance and coordinating funding to States to ensure that localities, fire departments, hospitals, and other appropriate entities, as determined by the Director, have the capacity to respond to the consequences of possible acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/radiological contamination. (d) Fire and Safety Training Grants.--The Director shall award grants to states to operate new and existing state fire and safety training programs for firefighting personnel within each State. (e) State and Local Coordination Plans To Respond to Acts of Terrorism.--To be eligible for a technical assistance grant under subsection (c), a State must submit a plan that-- (1) identifies an organizational hierarchy within the State and at the local level for responding to acts of terrorism; and (2) prioritizes State and local needs for developing the capacity to respond to the aftermath of acts of terrorism, including the capacity to meet these needs. This plan shall be developed in conjunction with police departments, fire departments, hospitals, and emergency medical facilities. (f) Confidentiality.--The Director, in conjunction with the Department of Justice, shall establish appropriate guidelines and safeguards to ensure that any plans developed under subsection (e) have adequate protections to limit the availability of information that could put a state or locality at an additional risk of an act of terrorism. (g) Cooperation Between Agencies.--The Director shall establish a task force among Federal agencies for the coordination of Federal, State, and local resources as needed to develop a national response plan for responding to acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/radiological contamination. (h) Administrative Costs.--No more than five percent of any funds made available to a State under this title may be used for administrative costs. (i) Authorization of Appropriations.--The Director is authorized to use such sums as necessary from the Disaster Relief Fund to meet the requirements of this title, including no less than $100,000,000 for grants to support State fire and safety training programs under subsection (d). No less than 20 percent of the funds awarded under subsection (d) for these State fire and safety training programs shall be used to assist fire departments with an annual budget of no more than $25,000.
National Response to Terrorism and Consequence Management Act of 2002 - National Urban Search and Rescue Task Force Assistance Act of 2002 - Requires the Director of the Federal Emergency Management Agency to provide grants to urban search and rescue task forces for specified operational, equipment, training, and other costs. Requires the Director to prioritize funding to ensure that all task forces have the capacity to deploy two separate task forces simultaneously from each sponsoring agency.Good Samaritan Volunteer Firefighter Assistance Act of 2002 - Declares that a person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable (with exceptions) for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment. Requires each State to designate its State Fire Marshal to certify the safety and usefulness of such equipment.Directs the Director to establish or designate an office to coordinate the responses of State and local agencies to acts of terrorism. Authorizes the Director to make grants to provide technical assistance and coordinating funding to States with State and local coordination plans to ensure that localities, fire departments, hospitals, and other appropriate entities have the capacity to respond to the consequences of possible terrorist acts. Requires the Director to: (1) award grants to States to operate fire and safety training programs for fire-fighting personnel; and (2) establish a Federal agency task force for the coordination of Federal, State, and local resources to develop a national response plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Research Infrastructure Act of 2018''. SEC. 2. ADVANCED LIGHT SOURCE UPGRADE. (a) In General.--The Secretary of Energy shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled ``Report on Facility Upgrades'', including the development of a multi-bend achromat lattice to produce a high flux of coherent x- rays within the soft x-ray energy region. (b) Definitions.--In this section: (1) Flux.--The term ``flux'' means the rate of flow of photons. (2) Soft x-ray.--The term ``soft x-ray'' means a photon with energy in the range from 50 to 2,000 electron volts. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the upgrade under this section occurs before December 31, 2026. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the upgrade under this section-- (1) $20,000,000 for fiscal year 2018; (2) $50,000,000 for fiscal year 2019; (3) $80,000,000 for fiscal year 2020; (4) $80,000,000 for fiscal year 2021; (5) $52,000,000 for fiscal year 2022; (6) $22,000,000 for fiscal year 2023; and (7) $6,000,000 for fiscal year 2024. SEC. 3. LINAC COHERENT LIGHT SOURCE II HIGH ENERGY UPGRADE. (a) In General.--The Secretary of Energy shall provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled ``Report on Facility Upgrades'', including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries. The Secretary shall ensure the upgrade under this section enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate. (b) Definitions.--In this section: (1) High energy x-ray.--The term a ``high energy x-ray'' means a photon with an energy at or exceeding 12 kiloelectron volts. (2) High repetition rate.--The term ``high repetition rate'' means the delivery of x-ray pulses up to one million pulses per second. (3) Ultra-short pulse x-rays.--The term ``ultra-short pulse x-rays'' means x-ray bursts capable of durations of less than 100 femtoseconds. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the upgrade under this section occurs before December 31, 2025. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the upgrade under this section-- (1) $20,000,000 for fiscal year 2018; (2) $55,000,000 for fiscal year 2019; (3) $80,000,000 for fiscal year 2020; (4) $80,000,000 for fiscal year 2021; (5) $54,000,000 for fiscal year 2022; and (6) $31,000,000 for fiscal year 2023. SEC. 4. FACILITY FOR RARE ISOTOPE BEAMS. (a) In General.--The Secretary of Energy shall provide for a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos. (b) Facility Capabilities.--In carrying out subsection (a), the Secretary shall ensure that the user facility will provide, at a minimum, the following: (1) A rare isotope beam facility capable of 400 kW of beam power. (2) Scientific instruments, which may include a gamma-ray energy tracking array, a particle spectrometer with high rigidity, and a beta-decay detection system. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the facility under this section occurs before June 30, 2022, with early operation in 2018. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the construction of the facility under this section-- (1) $101,200,000 for fiscal year 2018; (2) $86,000,000 for fiscal year 2019; (3) $64,000,000 for fiscal year 2020; (4) $36,300,000 for fiscal year 2021; (5) $24,000,000 for fiscal year 2022; (6) $15,000,000 for fiscal year 2023; and (7) $15,000,000 for fiscal year 2024. SEC. 5. SPENDING LIMITATION. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives February 13, 2018. Attest: KAREN L. HAAS, Clerk.
Department of Energy Research Infrastructure Act of 2018 (Sec. 2) This bill directs the Department of Energy (DOE) to: (1) provide for the upgrade to the Advanced Light Source described in the publication titled "Report on Facility Upgrades" approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, and (2) ensure that the start of full operations for such upgrade occurs by December 31, 2026. (Sec. 3) DOE shall: (1) provide for the upgrade to the Linac Coherent Light Source II facility as described in such publication, and (2) ensure that the start of full operations for such upgrade occurs by December 31, 2025. (Sec. 4) DOE shall: (1) provide for a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos, and (2) ensure that the start of full operations for such facility occurs by June 30, 2022, with early operations beginning in 2018.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Park Service Authorities and Corrections 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--NATIONAL PARK SERVICE AUTHORIZATIONS Sec. 101. National Park System Advisory Board. Sec. 102. National Park Service Concessions Management Advisory Board. Sec. 103. National Park System uniform penalties. Sec. 104. Volunteers in the parks. TITLE II--PEARL HARBOR TICKETING Sec. 201. Definitions. Sec. 202. Facilitation of admission to historic attractions within Pearl Harbor Naval Complex. Sec. 203. Protection of resources. TITLE III--CHANGES TO NATIONAL PARK UNITS Sec. 301. George Washington Memorial Parkway. Sec. 302. District of Columbia snow removal. Sec. 303. Martin Luther King, Jr. National Historical Park. Sec. 304. Lava Beds National Monument Wilderness boundary adjustment. TITLE IV--TECHNICAL CORRECTIONS Sec. 401. Baltimore National Heritage Area. Sec. 402. Muscle Shoals National Heritage Area. Sec. 403. Snake River headwaters. Sec. 404. Taunton River. Sec. 405. Cumberland Island National Seashore. Sec. 406. Niagara Falls National Heritage Area. TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD. Section 3(f) of the Act entitled, ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 463(f)), is amended in the first sentence by striking ``2010'' and inserting ``2020''. SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD. Section 409(d) of the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105-391) is amended by striking ``2009'' and inserting ``2019''. SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES. (a) Fines and Imprisonment.--The first section of the Act entitled, ``An Act to provide for the protection of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials under the control of the War Department'', approved March 2, 1933 (47 Stat. 1420, ch. 180), is amended by striking ``such fine and imprisonment.'' and inserting ``such fine and imprisonment; except if the violation occurs within a park, site, monument, or memorial that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the `National Park Service Organic Act') and section 3571 of title 18, United States Code.''. (b) Cost of Proceedings.--Section 2(k) of the Act entitled, ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 462(k)), is amended by striking ``cost of the proceedings.'' and inserting ``cost of the proceedings; except if the violation occurs within an area that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the `National Park Service Organic Act'), and section 3571 of title 18, United States Code.''. SEC. 104. VOLUNTEERS IN THE PARKS. Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18j) is amended by striking ``$3,500,000'' and inserting ``$10,000,000''. TITLE II--PEARL HARBOR TICKETING SEC. 201. DEFINITIONS. In this title: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Pearl harbor historic site.--The term ``Pearl Harbor historic site'' means a historic attraction within the Pearl Harbor Naval Complex, including the USS Bowfin Submarine Museum and Park, the Battleship Missouri Memorial, the Pacific Aviation Museum--Pearl Harbor, and any other historic attraction that the Secretary identifies as a Pearl Harbor historic site and that is not administered or managed by the Secretary. (3) Visitor center.--The term ``visitor center'' means the visitor center located within the Pearl Harbor Naval Complex on lands that are within the World War II Valor in the Pacific National Monument and managed by the Secretary through the National Park Service. SEC. 202. FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX. (a) In General.--The Secretary, in managing the World War II Valor in the Pacific National Monument, may enter into an agreement with the nonprofit organizations or other legally recognized entities that are authorized to administer or manage a Pearl Harbor historic site-- (1) to allow visitors to a Pearl Harbor historic site to gain access to the site by passing through security screening at the Visitor Center; and (2) to allow the sale of tickets to a Pearl Harbor historic site within the Visitor Center by employees of the National Park Service or by organizations that administer or manage a Pearl Harbor historic site. (b) Terms and Conditions.--In any agreement entered into pursuant to this title, the Secretary-- (1) shall require the organization administering or managing a Pearl Harbor historic site to pay to the Secretary a reasonable fee to recover administrative costs associated with the use of the Visitor Center for public access and ticket sales, the proceeds of which shall remain available, without further appropriation, for use by the National Park Service at the World War II Valor in the Pacific National Monument; (2) shall ensure the limited liability of the United States arising from the admission of the public through the Visitor Center to a Pearl Harbor historic site and the sale or issuance of any tickets to the site; and (3) may include any other terms and conditions the Secretary deems appropriate. (c) Limitation of Authority.--Under this title, the Secretary shall have no authority-- (1) to regulate or approve the rates for admission to an attraction within the Pearl Harbor historic site; (2) to regulate or manage any visitor services of any historic sites within the Pearl Harbor Naval Complex other than at those sites managed by the National Park Service as part of World War II Valor in the Pacific National Monument; or (3) to charge an entrance fee for admission to the World War II Valor in the Pacific National Monument. SEC. 203. PROTECTION OF RESOURCES. Nothing in this title authorizes the Secretary or any organization that administers or manages a Pearl Harbor historic site to take any action in derogation of the preservation and protection of the values and resources of the World War II Valor in the Pacific National Monument. TITLE III--CHANGES TO NATIONAL PARK UNITS SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY. (a) Purpose.--The purpose of this section is to authorize, direct, facilitate, and expedite the transfer of administrative jurisdiction of certain Federal land in accordance with the terms and conditions of this section. (b) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Research center.--The term ``Research Center'' means the Federal Highway Administration's Turner-Fairbank Highway Research Center. (3) Farm.--The term ``Farm'' means the Claude Moore Colonial Farm. (4) Map.--The term ``Map'' means the map titled ``GWMP-- Claude Moore Proposed Boundary Adjustment'', numbered 850/ 82003, and dated April 2004. The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (c) Administrative Jurisdiction Transfer.-- (1) Transfer of jurisdiction.-- (A) In general.--The Secretary and the Secretary of Transportation are authorized to transfer administrative jurisdiction for approximately 0.342 acre of land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway, generally depicted as ``B'' on the Map, for approximately 0.479 acre within the boundary of the Research Center land under the jurisdiction of the Department of Transportation adjacent to the boundary of the George Washington Memorial Parkway, generally depicted as ``A'' on the Map. (B) Use restriction.--The Secretary shall restrict the use of 0.139 acre of land within the boundary of the George Washington Memorial Parkway immediately adjacent to part of the north perimeter fence of the Research Center, generally depicted as ``C'' on the Map, by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the George Washington Memorial Parkway. (2) Reimbursement or consideration.--The transfer of administrative jurisdiction under this section shall occur without reimbursement or consideration. (3) Compliance with agreement.-- (A) Agreement.--The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement entered into by the parties on September 11, 2002, regarding the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in the Agreement. (B) Access to land.--The Secretary shall allow the Research Center access to the land the Secretary restricts under paragraph (1)(B) for purposes of maintenance in accordance with National Park Service standards, which includes grass mowing and weed control, tree maintenance, fence maintenance, and visual appearance. No tree 6 inches or more in diameter shall be pruned or removed without the advance written permission of the Secretary. Any pesticide use must be approved in writing by the Secretary prior to application of the pesticide. (d) Management of Transferred Lands.-- (1) Interior land.--The land transferred to the Secretary under subsection (c)(1) shall be included in the boundaries of the George Washington Memorial Parkway and shall be administered by the National Park Service as part of the parkway subject to applicable laws and regulations. (2) Transportation land.--The land transferred to the Secretary of Transportation under subsection (c)(1) shall be included in the boundary of the Research Center and shall be removed from the boundary of the parkway. (3) Restricted-use land.--The land the Secretary has designated for restricted use under subsection (c)(1) shall be maintained by the Research Center. SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL. Section 3 of the Act entitled, ``An Act Providing for the removal of snow and ice from the paved sidewalks of the District of Columbia'', approved September 16, 1922 (Sec. 9-603, D.C. Official Code), is amended to read as follows: ``Sec. 3. (a) It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from paved sidewalks and crosswalks within the fire limits of the District of Columbia that are-- ``(1) in front of or adjacent to buildings owned by the United States and under such Federal agency's jurisdiction; or ``(2) public thoroughfares in front of, around, or through public squares, reservations, or open spaces and that are owned by the United States and under such Federal agency's jurisdiction. ``(b) The snow, sleet, or ice removal required by subsection (a) shall occur within a reasonable time period after snow or sleet ceases to fall or after ice has accumulated. In the event that snow, sleet, or ice has hardened and cannot be removed, such Federal agency shall-- ``(1) make the paved sidewalks and crosswalks under its jurisdiction described in subsection (a) reasonably safe for travel by the application of sand, ashes, salt, or other acceptable materials; and ``(2) as soon as practicable, thoroughly remove the snow, sleet, or ice. ``(c)(1) The duty of a Federal agency described in subsections (a) and (b) may be delegated to another governmental or nongovernmental entity through a lease, contract, or other comparable arrangement. ``(2) If two or more Federal agencies have overlapping responsibility for the same sidewalk or crosswalk they may enter into an arrangement assigning responsibility.''. SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK. (a) Amendments.--The Act entitled ``An Act to establish the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes'', approved October 10, 1980 (Public Law 96-428; 94 Stat. 1839) is amended-- (1) in the first section, by striking ``the map entitled `Martin Luther King, Junior, National Historic Site Boundary Map', number 489/80,013B, and dated September 1992'' and inserting ``the map titled `Martin Luther King, Jr. National Historical Park', numbered 489/80,032, and dated April 2009''; (2) by striking ``Martin Luther King, Junior, National Historic Site'' each place it appears and inserting ``Martin Luther King, Jr. National Historical Park''; and (3) by striking ``historic site'' each place it appears and inserting ``historical park''. (b) References.--Any reference in any law (other than this Act), map, regulation, document, record, or other official paper of the United States to the ``Martin Luther King, Junior, National Historic Site'' shall be considered to be a reference to the ``Martin Luther King, Jr. National Historical Park''. SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS BOUNDARY ADJUSTMENT. The first section of the Act of October 13, 1972 (Public Law 92- 493; 16 U.S.C. 1132 note), is amended in the first sentence-- (1) by striking ``That, in'' and inserting the following: ``Section 1. In''; and (2) by striking ``ten thousand acres'' and all that follows through the end of the sentence and inserting ``10,431 acres, as depicted within the proposed wilderness boundary on the map titled `Lava Beds National Monument, Proposed Wilderness Boundary Adjustment', numbered 147/80,015, and dated September 2005, and those lands within the area generally known as the `Schonchin Lava Flow', comprising approximately 18,029 acres, as depicted within the proposed wilderness boundary on the map, are designated as wilderness.''. TITLE IV--TECHNICAL CORRECTIONS SEC. 401. BALTIMORE NATIONAL HERITAGE AREA. The Omnibus Public Land Management Act of 2009 (Public Law 111-11) is amended-- (1) in sections 8005(b)(3) and 8005(b)(4) by striking ``Baltimore Heritage Area Association'' and inserting ``Baltimore City Heritage Area Association''; and (2) in section 8005(i) by striking ``Effectiveness'' and inserting ``Financial Assistance''. SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA. Section 8009(j) of the Omnibus Public Land Management Act of 2009 is amended by striking ``Effectiveness'' and inserting ``Financial Assistance''. SEC. 403. SNAKE RIVER HEADWATERS. Section 5002(c)(1) of the Omnibus Public Land Management Act of 2009 is amended by striking ``paragraph (205) of section 3(a)'' each place it appears and inserting ``paragraph (206) of section 3(a)''. SEC. 404. TAUNTON RIVER. Section 5003(b) of the Omnibus Public Land Management Act of 2009 is amended by striking ``section 3(a)(206)'' each place it appears and inserting ``section 3(a)(207)''. SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE. Section 6(b) of the Act titled ``An Act to establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes'' (Public Law 92-536) is amended by striking ``physiographic conditions not prevailing'' and inserting ``physiographic conditions now prevailing''. SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA. Section 427(k) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229) is amended by striking ``Except as provided for the leasing of administrative facilities under subsection (g)(1), the'' and inserting ``The''.
National Park Service Authorities and Corrections Act of 2009 - Title I: National Park Service Authorizations - (Sec. 101) Extends the National Park Service Advisory Board and the National Park Service Concessions Management Advisory Board until December 31, 2019. (Sec. 103) Revises specified current penalty provisions applicable to the National Park System to provide for the uniform application throughout the System of specified penalty provisions of the National Park Service Organic Act and the federal criminal code. (Sec. 104) Increases the amount that may be appropriated in any one year for the National Park Service (NPS) Volunteers-In-Parks Program. Title II: Pearl Harbor Ticketing - (Sec. 202) Authorizes the Secretary of the Interior, in managing the World War II Valor in the Pacific National Monument, to enter into an agreement with the organizations authorized to administer a Pearl Harbor historic site in Hawaii with respect to visitor access and the sale of tickets. Instructs the Secretary, with respect to any such agreement, to: (1) require the organization administering or managing a Pearl Harbor historic site to pay to the Secretary a fee to recover administrative costs associated with the use of the visitor center within the Pearl Harbor Naval Complex within the Monument for public access and ticket sales, the proceeds of which shall remain available for use by the NPS at the Monument; and (2) ensure the limited liability of the United States arising from the admission of the public through the visitor center to such a site and the sale or issuance of any tickets to such site. Prohibits the Secretary, under this title, from: (1) regulating or approving rates for admission to an attraction within a Pearl Harbor historic site; (2) regulating or managing visitor services of such historic sites within the Complex, other than at those sites managed by the NPS as part of the Monument; or (3) charging an entrance fee for admission to the Monument. (Sec. 203) Prohibits anything in this title from authorizing the Secretary or any organization that administers or manages a Pearl Harbor historic site to take any action in derogation of the preservation and protection of the values and resources of the Monument. Title III: Changes to National Park Units - (Sec. 301) Provides for the transfer of the administrative jurisdiction of specified land within the George Washington Memorial Parkway and the Turner-Fairbank Highway Research Center. Requires the Secretary of the Interior to restrict the use of specified acreage within the boundary of the Parkway that is immediately adjacent to part of the Research Center's north perimeter fence by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the Parkway. Provides for the transfer of administrative jurisdiction to occur without reimbursement or consideration. Requires NPS and the Federal Highway Administration (FHA) to comply with all terms and conditions of a certain Agreement with regard to the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in such Agreement. Instructs the Secretary to allow the Research Center access to the land the Secretary restricts for maintenance purposes. Bars the pruning or removal of trees which are six inches or more in diameter without the advance permission of the Secretary. Requires the use of any pesticide to be approved by the Secretary prior to its application. Requires the inclusion of: (1) the land transferred to the Secretary in the boundaries of the Parkway and to be administered by the NPS as part of the Parkway; and (2) the land transferred to the Secretary of Transportation in the boundary of the Research Center and to be removed from the Parkway's boundary. Requires the land designated for restricted use to be maintained by the Research Center. (Sec. 302) Revises provisions regarding the removal of snow and ice around federal buildings in the District of Columbia. Requires federal agencies (under current law, the Director of the NPS) to remove snow, sleet, and ice from around such buildings. Requires such snow, sleet, or ice removal to occur within a reasonable time period after snow or sleet ceases to fall or after ice has accumulated. Permits delegation of all such duties to another governmental or nongovernmental entity through a lease, contract, or other comparable arrangement. (Sec. 303) Redesignates the Martin Luther King, Junior, National Historic Site in Georgia as the Martin Luther King, Jr. National Historical Park. (Sec. 304) Adjusts the boundary of the Lava Beds National Monument in California. Title IV: Technical Corrections - Makes technical and conforming amendments to specified acts relating to public lands.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Financial Institutions Tax Relief Act of 1999''. SEC. 2. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code of 1986 (relating to certain trusts permitted as shareholders) is amended by inserting after clause (v) the following: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.'' (b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the Internal Revenue Code of 1986 (relating to treatment as shareholders) is amended by adding at the end the following: ``(vi) In the case of a trust described in clause (vi) of subparagraph (A), the individual for whose benefit the trust was created shall be treated as a shareholder.'' (c) Sale of Stock in IRA Relating To S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by adding at the end the following: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if such sale is pursuant to an election under section 1362(a).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME TEST FOR BANK S CORPORATIONS. (a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code of 1986 (defining passive investment income) is amended by adding at the end the following: ``(v) Exception for banks; etc.--In the case of a bank (as defined in section 581), a bank holding company (as defined in section 246A(c)(3)(B)(ii)), or a qualified subchapter S subsidiary bank, the term `passive investment income' shall not include-- ``(I) interest income earned by such bank, bank holding company, or qualified subchapter S subsidiary bank, or ``(II) dividends on assets required to be held by such bank, bank holding company, or qualified subchapter S subsidiary bank to conduct a banking business, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150. (a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code of 1986 (defining small business corporation) is amended by striking ``75'' and inserting ``150''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES. (a) In General.--Section 1361 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Treatment of Qualifying Director Shares.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualifying director shares shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualifying director shares. ``(2) Qualifying director shares defined.--For purposes of this subsection, the term `qualifying director shares' means any shares of stock in a bank (as defined in section 581) or in a bank holding company registered as such with the Federal Reserve System-- ``(i) which are held by an individual solely by reason of status as a director of such bank or company or its controlled subsidiary; and ``(ii) which are subject to an agreement pursuant to which the holder is required to dispose of the shares of stock upon termination of the holder's status as a director at the same price as the individual acquired such shares of stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualifying director shares shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, except as provided in subsection (f),'' before ``which does not''. (2) Section 1366(a) of such Code is amended by adding at the end the following: ``(3) Allocation with respect to qualifying director shares.--The holders of qualifying director shares (as defined in section 1361(f)) shall not, with respect to such shares of stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a) of such Code 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 adding at the end the following: ``(3) no amount of an expense deductible under this subchapter by reason of section 1361(f)(3) shall be apportioned or allocated to such income.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS ITEMS OF BUILT-IN LOSS. The Secretary of the Treasury shall modify Regulation 1.1374-4(f) for S corporation elections made in taxable years beginning after December 31, 1996, with respect to bad debt deductions under section 166 of the Internal Revenue Code of 1986 to treat such deductions as built-in losses under section 1374(d)(4) of such Code during the entire period during which the bank recognizes built-in gains from changing its accounting method for recognizing bad debts from the reserve method under section 585 of such Code to the charge-off method under section 166 of such Code. SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE PREFERENCE ITEMS. (a) In General.--Section 1363(b) of the Internal Revenue Code of 1986 (relating to computation of corporation's taxable income) is amended by adding at the end the following new flush sentence: ``Paragraph (4) shall apply to any bank whether such bank is an S corporation or a qualified subchapter S subsidiary.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 8. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE FAMILY LIMITED PARTNERSHIPS. (a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code of 1986 (defining small business corporation) is amended-- (1) by striking ``or an organization'' and inserting ``an organization'', and (2) by inserting ``, or a family partnership described in subsection (c)(8)'' after ``subsection (c)(6)''. (b) Family Partnership.--Section 1361(c) of the Internal Revenue Code of 1986 (relating to special rules for applying subsection (b)), as amended by section 5, is amended by adding at the end the following: ``(8) Family partnerships.-- ``(A) In general.--For purposes of subsection (b)(1)(B), any partnership or limited liability company may be a shareholder in an S corporation if-- ``(i) all partners or members are members of 1 family as determined under section 704(e)(3), and ``(ii) all of the partners or members would otherwise be eligible shareholders of an S corporation. ``(B) Treatment as shareholders.--For purposes of subsection (b)(1)(A), in the case of a partnership or limited liability company described in subparagraph (A), each partner or member shall be treated as a shareholder.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED. (a) In General.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by adding at the end the following: ``(g) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock solely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 5(b)(1), is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (2) Section 1366(a) of such Code, as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(g)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a)(3) of such Code, as added by section 5(b)(3), is amended by inserting ``or 1361(g)(3)'' after ``section 1361(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 10. CONSENT TO ELECTIONS. (a) 90 Percent of Shares Required for Consent to Election.--Section 1362(a)(2) of the Internal Revenue Code of 1986 (relating to all shareholders must consent to election) is amended-- (1) by striking ``all persons who are shareholders in'' and inserting ``shareholders holding at least 90 percent of the shares of'', and (2) by striking ``All shareholders'' in the heading and inserting ``At least 90 percent of shares''. (b) Rules for Consent.--Section 1362(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(3) Rules for consent.--For purposes of making any consent required under paragraph (2) or subsection (d)(1)(B)-- ``(A) each joint owner of shares shall consent with respect to such shares, ``(B) the personal representative or other fiduciary authorized to act on behalf of the estate of a deceased individual shall consent for the estate, ``(C) one parent, the custodian, the guardian, or the conservator shall consent with respect to shares owned by a minor or subject to a custodianship, guardianship, conservatorship, or similar arrangement, ``(D) the trustee of a trust shall consent with respect to shares owned in trust, ``(E) the trustee of the estate of a bankrupt individual shall consent for shares owned by a bankruptcy estate, ``(F) an authorized officer or the trustee of an organization described in subsection (c)(6) shall consent for the shares owned by such organization, and ``(G) in the case of a partnership or limited liability company described in subsection (c)(8)-- ``(i) all general partners shall consent with respect to shares owned by such partnership, ``(ii) all managers shall consent with respect to shares owned by such company if management of such company is vested in 1 or more managers, and ``(iii) all members shall consent with respect to shares owned by such company if management of such company is vested in the members.'' (c) Treatment of Nonconsenting Shareholder Stock.-- (1) In general.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 9(a), is amended by adding at the end the following: ``(h) Treatment of Nonconsenting Shareholder Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) nonconsenting shareholder stock shall not be treated as a second class of stock, ``(B) such stock shall be treated as C corporation stock, and ``(C) the shareholder's pro rata share under section 1366(a)(1) with respect to such stock shall be subject to tax paid by the S corporation at the highest rate of tax specified in section 11(b). ``(2) Nonconsenting shareholder stock defined.--For purposes of this subsection, the term `nonconsenting shareholder stock' means stock of an S corporation which is held by a shareholder who did not consent to an election under section 1362(a) with respect to such S corporation. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to nonconsenting shareholder stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (2) Conforming amendment.--Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 9(b)(1), is amended by striking ``subsections (f) and (g)'' and inserting ``subsections (f), (g), and (h)''. (d) Effective Date.--The amendments made by this section shall apply to elections made in taxable years beginning after December 31, 1999. SEC. 11. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES. (a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned subsidiaries) is amended by inserting ``and in the case of information returns required under part III of subchapter A of chapter 61'' after ``Secretary''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999.
Small Business and Financial Institutions Tax Relief Act of 1999 - Amends the Internal Revenue Code to permit S corporation eligible shareholders to include individual retirement accounts (IRAs). (Sec. 2) Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation. (Sec. 3) Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank. (Sec. 4) Increases from 75 to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment. (Sec. 5) States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock. (Sec. 6) Directs the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method. (Sec. 7) Includes all banks within the three-year deduction preference rule. (Sec. 8) Makes family limited partnerships eligible to be S corporation shareholders. (Sec. 9) Permits the issuance of qualified preferred stock, which shall not be treated as second class stock. Makes any distribution (not in payment in exchange for stock) made by an S corporation with respect to qualified preferred stock includible as ordinary income of the holder and deductible to the corporation as an expense. (Sec. 10) Reduces from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation. Prescribes rules for such consent. (Sec. 11) Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Faster Care for Veterans Act of 2016''. SEC. 2. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Pilot Program.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program under which veterans use an Internet website or mobile application to schedule and confirm medical appointments at medical facilities of the Department of Veterans Affairs. (b) Selection of Locations.--The Secretary shall select not less than three Veterans Integrated Services Networks in which to carry out the pilot program under subsection (a). (c) Contracts.-- (1) Authority.--The Secretary shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability described in subsection (a). (2) Notice of competition.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in section 3(a). (3) Selection.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to one or more contractors pursuant to the request for proposals under paragraph (2). (d) Duration of Pilot Program.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall carry out the pilot program under subsection (a) for an 18-month period. (2) Extension.--The Secretary may extend the duration of the pilot program under subsection (a), and may expand the selection of Veterans Integrated Services Networks under subsection (b), if the Secretary determines that the pilot program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. (e) Mobile Application Defined.--In this section, the term ``mobile application'' means a software program that runs on the operating system of a cellular telephone, tablet computer, or similar portable computing device that transmits data over a wireless connection. SEC. 3. CAPABILITIES OF PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Minimum Capabilities.--The Secretary of Veterans Affairs shall ensure that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes, at a minimum, the following capabilities: (1) Capability to schedule, modify, and cancel appointments for primary care, specialty care, and mental health. (2) Capability to support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services. (3) Capability to view appointment availability in real time. (4) Capability to make available, in real time, appointments that were previously filled but later cancelled by other patients. (5) Capability to provide prompts or reminders to veterans to schedule follow-up appointments. (6) Capability to be used 24 hours per day, 7 days per week. (7) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department, or such successor information technology system. (b) Independent Validation and Verification.-- (1) Independent entity.-- (A) The Secretary shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the patient self- scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes the capabilities specified in subsection (a). (B) Each independent validation and verification conducted under subparagraph (A) shall be completed as follows: (i) With respect to the validation and verification of the patient self-scheduling appointment system used in the pilot program under section 2, by not later than 60 days after the date on which such pilot program commences. (ii) With respect to any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, by not later than 60 days after the date on which such system is deployed, regardless of whether such deployment is on a limited basis, but not including any deployments for testing purposes. (2) GAO evaluation.-- (A) The Comptroller General of the United States shall evaluate each validation and verification conducted under paragraph (1). (B) Not later than 30 days after the date on which the Comptroller General completes an evaluation under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on such evaluation. (C) In this paragraph, the term ``appropriate congressional committees'' means-- (i) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and (ii) the Committees on Appropriations of the House of Representatives and the Senate. (c) Certification.-- (1) Capabilities included.--Not later than December 31, 2017, the Secretary shall certify to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs as of the date of the certification, includes the capabilities specified in subsection (a). (2) New systems.--If the Secretary develops or begins using a new patient self-scheduling appointment system that is not covered by a certification made under paragraph (1), the Secretary shall certify to such committees that such new system includes the capabilities specified in subsection (a) by not later than 30 days after the date on which the Secretary determines to replace the previous patient self-scheduling appointment system. (3) Effect of capabilities not included.--If the Secretary does not make a timely certification under paragraph (1) or paragraph (2), the Secretary shall replace any patient self-scheduling appointment system developed by the Secretary that is in use with a commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in subsection (a). SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the House on December 6, 2016. Faster Care for Veterans Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to begin an 18-month pilot program in at least three Veterans Integrated Service Networks (VISNs) under which veterans use an Internet website or mobile application to schedule and confirm appointments at VA medical facilities.The program's duration may be extended and the number of VISNs may be increased if the VA determines that the program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. The VA shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability. The VA's request for proposals shall be open to any contractor that has an existing commercially available, off-the-shelf online patient self-scheduling system that includes the capabilities to: schedule, modify, and cancel appointments for primary care, specialty care, and mental health; support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services; view appointment availability in real time; make available, in real time, appointments that were previously filled but later cancelled by other patients; provide prompts or reminders to veterans to schedule follow-up appointments; be used 24 hours per day, 7 days per week; and integrate with the Veterans Health Information Systems and Technology Architecture of the VA. The VA shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the system used in the program and any other patient self-scheduling appointment system developed or used by the VA includes such capabilities. The bill sets deadlines for the validation and verification of such systems. The Government Accountability Office shall evaluate and report to specified congressional committees on each validation and verification conducted. By December 31, 2017, the VA shall certify to the Committees on Veterans' Affairs that such systems include such capabilities. If the VA develops or begins using a new patient self-scheduling appointment system that is not covered by such certification, it shall: (1) certify that such new system includes such capabilities by 30 days after it makes the determination to replace the previous system, or (2) replace any such system developed that is in use with a commercially available, off-the-shelf online patient self-scheduling system that includes the specified capabilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009''. SEC. 2. SHORT TITLE. Section 1 of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 note; Public Law 102-259) is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Morris K. Udall and Stewart L. Udall Foundation Act'.''. SEC. 3. FINDINGS. Section 3 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the Foundation-- ``(A) since 1995, has operated exceptional scholarship, internship, and fellowship programs for areas of study related to the environment and Native American tribal policy and health care; ``(B) since 1999, has provided valuable environmental conflict resolution services and leadership through the United States Institute for Environmental Conflict Resolution; and ``(C) is committed to continue making a substantial contribution toward public policy in the future by-- ``(i) playing a significant role in developing the next generation of environmental and Native American leaders; and ``(ii) working with current leaders to improve decisionmaking on-- ``(I) challenging environmental, energy, and related economic problems; and ``(II) tribal governance and economic issues; ``(6) Stewart L. Udall, as a member of Congress, Secretary of the Interior, environmental lawyer, and author, has provided distinguished national leadership in environmental and Native American policy for more than 50 years; ``(7) as Secretary of the Interior from 1961 to 1969, Stewart L. Udall oversaw the creation of 4 national parks, 6 national monuments, 8 national seashores and lakeshores, 9 recreation areas, 20 historic sites, and 56 wildlife refuges; and ``(8) it is fitting that the leadership and vision of Stewart L. Udall in the areas of environmental and Native American policy be jointly honored with that of Morris K. Udall through the foundation bearing the Udall name.''. SEC. 4. DEFINITIONS. Section 4 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended-- (1) in paragraph (1), by striking ``Morris K. Udall Scholarship and Excellence in National Environmental Policy''; (2) in paragraph (5), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in paragraph (9), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 5. ESTABLISHMENT OF FOUNDATION. Section 5 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5603) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in subsection (f)(2), by striking ``the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code'' and inserting ``a rate determined by the Board in accordance with section 5383 of title 5, United States Code''. SEC. 6. AUTHORITY OF FOUNDATION. Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605) is amended-- (1) in subsection (a)(5)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) to conduct training, research, and other activities under section 6(7).''; and (2) by striking subsection (b) and inserting the following: ``(b) Udall Scholars.--Recipients of scholarships, fellowships, and internships under this Act shall be known as `Udall Scholars', `Udall Fellows', and `Udall Interns', respectively.''. SEC. 7. ESTABLISHMENT OF TRUST FUND. Section 8 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5606) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; and (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. Section 9(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607(a)) is amended by inserting before the period at the end the following: ``, including a reasonable amount for official reception and representation expenses, as determined by the Board, not to exceed $5,000 for a fiscal year''. SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY. Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended by adding at the end the following: ``(f) Agency Management or Control.--Use of the Foundation or Institute to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).''. SEC. 10. ADMINISTRATIVE PROVISIONS. Section 12(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5608(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) appoint such personnel as may be necessary to carry out the provisions of this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and ``(B) fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code, except that up to 4 employees (in addition to the Executive Director under section 5(f)(2)) may be paid at a rate determined by the Board in accordance with section 5383 of that title.''; (2) in paragraph (6), by striking ``and'' at the end; (3) by redesignating paragraph (7) as paragraph (8); and (4) by inserting after paragraph (6) the following: ``(7) to rent office space in the District of Columbia or its environs; and''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609) is amended-- (1) in subsection (a), by striking ``is authorized to be appropriated to the Trust Fund $40,000,000'' and inserting ``are authorized to be appropriated to the Trust Fund such sums as are necessary''; and (2) by striking subsection (b) and inserting the following: ``(b) Environmental Dispute Resolution Fund.--There are authorized to be appropriated to the Environmental Dispute Resolution Fund established under section 10(a) such sums as are necessary for the operating costs of the Institute.''. Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.
Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 - (Sec. 2) Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to rename the Act as the Morris K. Udall and Stewart L. Udall Foundation Act. (Sec. 3) Adds to the Act's findings to salute Stewart L. Udall's leadership in environmental and Native American policy as a member of Congress, Secretary of the Interior, environmental lawyer, and author. (Sec. 5) Renames the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation as the Morris K. Udall and Stewart L. Udall Foundation. Requires the Executive Director of the Foundation to be paid at a senior executive rate. (Sec. 6) Directs the Foundation to award grants to the Udall Center for Studies in Public Policy, at the University of Arizona, to conduct training, research, and other activities with regard to the involvement of Native American and Alaska Native professionals in health care and public policy. Refers to recipients of scholarships, fellowships, and internships under the Act as Udall Scholars, Udall Fellows, and Udall Interns, respectively. (Currently, they are known as Morris K. Udall Scholars.) (Sec. 7) Renames the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund, the Morris K. Udall and Stewart L. Udall Trust Fund. Allows the use of reasonable amounts of the Trust Fund for official reception and representation expenses, not to exceed $5,000 for a fiscal year. (Sec. 9) Declares that the use of the Foundation or the United States Institute for Environmental Conflict Resolution for independent and impartial assessment, mediation, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural resources shall not be considered the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act. (Sec. 10) Sets forth administrative provisions that allow the Foundation to: (1) appoint personnel without regard to federal law provisions governing appointments in the competitive service; (2) pay up to four employees, in addition to the Executive Director, at senior executive pay rates; and (3) rent office space in the District of Columbia or its environs.
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To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in Litigation Act of 2014''. SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Restrictions on protective orders and sealing of cases and settlements ``(a)(1) Except as provided under subsection (e), in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that-- ``(A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or ``(B)(i) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(2) No order entered as a result of the operation paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. ``(3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. ``(4) This section shall apply even if an order under paragraph (1) is requested-- ``(A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or ``(B) by application pursuant to the stipulation of the parties. ``(5)(A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. ``(B) A court shall not approve any party's stipulation or request to stipulate to an order that would violate this section. ``(b)(1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties, or approve or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. ``(2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. ``(c)(1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement described under subsection (a)(1) between or among parties that prohibits one or more parties from-- ``(A) disclosing the fact that such settlement was reached or the terms of such settlement, other than the amount of money paid; or ``(B) discussing a civil action, or evidence produced in the civil action, that involves matters relevant to the protection of public health or safety. ``(2) Paragraph (1) applies unless the court has made independent findings of fact that-- ``(A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(B) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. ``(e) Nothing in this section-- ``(1) shall prohibit a court from entering an order that would restrict the disclosure of information, or an order restricting access to court records, if in either instance such order is necessary to protect from public disclosure-- ``(A) information classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or ``(B) intelligence sources and methods; or ``(2) shall be construed to permit, require, or authorize the disclosure of information that-- ``(A) is classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or ``(B) reveals intelligence sources and methods.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Restrictions on protective orders and sealing of cases and settlements.''. SEC. 3. EFFECTIVE DATE AND APPLICATION. The amendments made by this Act shall-- (1) take effect 30 days after the date of enactment of this Act; (2) apply only to orders entered in civil actions or agreements entered into on or after the effective date of this Act; and (3) not provide a basis for the-- (A) granting of a motion to reconsider, modify, amend or vacate a protective order or settlement order entered into before the effective date of this Act; or (B) reversal on appeal of a protective order or settlement order entered into before the effective date of this Act.
Sunshine in Litigation Act of 2014 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to protecting public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, subject to exceptions, unless the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety or (2) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act. Prohibits such a court from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question and that the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of, and no court shall be prohibited from restricting disclosure of or access to: (1) information classified under a secret Executive order concerning national defense or foreign policy, or (2) intelligence sources and methods. Bars this Act from providing a basis for: (1) granting a motion to reconsider, modify, amend, or vacate a protective or settlement order entered before the effective date of this Act; or (2) reversing such an order retroactively on appeal.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alternative Energy Extender Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENERGY INFRASTRUCTURE TAX INCENTIVES Sec. 101. Extension of credit for electricity produced from certain renewable resources. Sec. 102. Extension and expansion of credit to holders of clean renewable energy bonds. Sec. 103. Extension and expansion of qualifying advanced coal project credit. Sec. 104. Extension and expansion of qualifying gasification project credit. TITLE II--DOMESTIC FOSSIL FUEL SECURITY Sec. 201. Extension of election to expense certain refineries. TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS Sec. 301. Extension of energy efficient commercial buildings deduction. Sec. 302. Extension of new energy efficient home credit. Sec. 303. Extension of residential energy efficient property credit. Sec. 304. Extension of credit for business installation of qualified fuel cells and stationary microturbine power plants. Sec. 305. Extension of business solar investment tax credit. TITLE IV--ALTERNATIVE FUELS AND VEHICLES INCENTIVES Sec. 401. Extension of excise tax provisions, income tax credits, and tariff duties. TITLE I--ENERGY INFRASTRUCTURE TAX INCENTIVES SEC. 101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2008'' each place it appears and inserting ``2011''. SEC. 102. EXTENSION AND EXPANSION OF CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Section 54(m) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. (b) Annual Volume Cap for Bonds Issued During Extension Period.-- Paragraph (1) of section 54(f) of the Internal Revenue Code of 1986 (relating to limitation on amount of bonds designated) is amended to read as follows: ``(1) National limitation.-- ``(A) Initial national limitation.--With respect to bonds issued after December 31, 2005, and before January 1, 2008, there is a national clean renewable energy bond limitation of $800,000,000. ``(B) Annual national limitation.--With respect to bonds issued after December 31, 2007, and before January 1, 2011, there is a national clean renewable energy bond limitation for each calendar year of $800,000,000.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 103. EXTENSION AND EXPANSION OF QUALIFYING ADVANCED COAL PROJECT CREDIT. (a) In General.--Section 48A(d)(3)(A) of the Internal Revenue Code of 1986 (relating to aggregate credits) is amended by striking ``$1,300,000,000'' and inserting ``$1,800,000,000''. (b) Authorization of Additional Integrated Gasification Combined Cycle Projects.--Subparagraph (B) of section 48A(d)(3) of te Internal Revenue Code of 1986 (relating to aggregate credits) is amended to read as follows: ``(B) Particular projects.--Of the dollar amount in subparagraph (A), the Secretary is authorized to certify-- ``(i) $800,000,000 for integrated gasification combined cycle projects the application for which is submitted during the period described in paragraph (2)(A)(i), ``(ii) $500,000,000 for projects which use other advanced coal-based generation technologies the application for which is submitted during the period described in paragraph (2)(A)(i), and ``(iii) $500,000,000 for integrated gasification combined cycle projects the application for which is submitted during the period described in paragraph (2)(A)(ii).''. (c) Application Period for Additional Projects.--Subparagraph (A) of section 48A(d)(2) of the Internal Revenue Code of 1986 (relating to certification) is amended to read as follows: ``(A) Application period.--Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application-- ``(i) for an allocation from the dollar amount specified in clause (i) or (ii) of paragraph (3)(A) during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1), and ``(ii) for an allocation from the dollar amount specified in paragraph (3)(A)(iii) during the 3-year period beginning at the termination of the period described in clause (i).''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 1307 of the Energy Policy Act of 2005. SEC. 104. EXTENSION AND EXPANSION OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B(d)(1) of the Internal Revenue Code of 1986 (relating to qualifying gasification project program) is amended by striking ``$350,000,000'' and inserting ``$850,000,000''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1307 of the Energy Policy Act of 2005. TITLE II--DOMESTIC FOSSIL FUEL SECURITY SEC. 201. EXTENSION OF ELECTION TO EXPENSE CERTAIN REFINERIES. (a) In General.--Section 179C(c)(1) of the Internal Revenue Code of 1986 (defining qualified refinery property) is amended-- (1) by striking ``and before January 1, 2012'' in subparagraph (B) and inserting ``and, in the case of any qualified refinery described in subsection (d)(1), before January 1, 2012'', and (2) by inserting ``if described in subsection (d)(1)'' after ``of which'' in subparagraph (F)(i). (b) Conforming Amendment.--Subsection (d) of section 179C of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Refinery.--For purposes of this section, the term `qualified refinery' means any refinery located in the United States which is designed to serve the primary purpose of processing liquid fuel from-- ``(1) crude oil, or ``(2) qualified fuels (as defined in section 45K(c)).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendment made by section 1323(a) of the Energy Policy Act of 2005. TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS SEC. 301. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. Section 179D(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 302. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Subsection (g) of section 45L of the Internal Revenue Code of 1986 (relating to new energy efficient home credit) is amended to read as follows: ``(g) Termination.--This section shall not apply to-- ``(1) any qualified new energy efficient home meeting the energy saving requirements of subsection (c)(1) acquired after December 31, 2010, and ``(2) any qualified new energy efficient home meeting the energy saving requirements of paragraph (2) or (3) of subsection (c) acquired after December 31, 2007.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1332 of the Energy Policy Act of 2005. SEC. 303. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. Section 25D(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 304. EXTENSION OF CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS AND STATIONARY MICROTURBINE POWER PLANTS. Sections 48(c)(1)(E) and 48(c)(2)(E) of the Internal Revenue Code of 1986 (relating to termination) are each amended by striking ``2007'' and inserting ``2010''. SEC. 305. EXTENSION OF BUSINESS SOLAR INVESTMENT TAX CREDIT. Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) of the Internal Revenue Code of 1986 (relating to termination) are each amended by striking ``2008'' and inserting ``2011''. TITLE IV--ALTERNATIVE FUELS AND VEHICLES INCENTIVES SEC. 401. EXTENSION OF EXCISE TAX PROVISIONS, INCOME TAX CREDITS, AND TARIFF DUTIES. (a) Biodiesel.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking ``2008'' and inserting ``2010''. (b) Alternative Fuel.-- (1) Fuels.--Sections 6426(d)(4) and 6427(e)(5)(C) of the Internal Revenue Code of 1986 are each amended by striking ``September 30, 2009'' and inserting ``December 31, 2010''. (2) Refueling property.--Section 30C(g) of such Code is amended by striking ``2009'' and inserting ``2010''. (c) Ethanol Tariff Schedule.--Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) are each amended in the effective period column by striking ``10/1/ 2007'' each place it appears and inserting ``1/1/2011''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2007.
Alternative Energy Extender Act - Amends the Internal Revenue Code to extend through 2010: (1) the tax credit for electricity produced from certain renewable resources; (2) the tax credit for holders of clean renewable energy bonds and the national volume cap for such bonds; (3) the tax deduction for energy efficient commercial buildings; (4) the tax credit for new energy efficient homes; (5) the tax credit for residential energy efficient property; (6) the tax credits for investment in qualified fuel cells, microturbine power plants, and solar energy property; and (7) the income and excise tax credits for biodiesel and alternative fuels and for alternative fuel vehicle refueling property. Increases the maximum tax credit amounts for the advanced coal and gasification project programs. Extends through 2012 the taxpayer election to expense certain crude oil refinery property. Amends the Harmonized Tariff Schedule of the United States to extend through 2010 the suspension of duties on mixtures of ethyl alcohol and ethyl tertiary-butyl ether.
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SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Uniform Food Safety Labeling Act''. (b) Reference.--Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, reference, and table of contents. Sec. 2. Labeling of raw or partially cooked foods and unpasteurized juice. Sec. 3. Sale and labeling of frozen fish and shellfish. Sec. 4. Sale of raw eggs. Sec. 5. Statement of origin. Sec. 6. Freshness date. Sec. 7. Food labeled as natural. Sec. 8. Labeling of kosher and kosher-style foods. Sec. 9. Unit pricing. Sec. 10. Grades for farm products. Sec. 11. Regulations. SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS AND UNPASTEURIZED JUICE. Section 403 (21 U.S.C. 343) is amended by adding at the end the following: ``(y)(1) Unless the label or labeling of raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice offered in a ready-to-eat form as a deli, vended, or other item, or the label or labeling of a ready-to-eat food containing as an ingredient raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice, discloses the increased risk associated with eating such food in raw or partially cooked form. ``(2) Eggs, fish, milk, dairy products, and shellfish routinely served raw or partially cooked, unpasteurized juice, and ready-to-eat foods containing such raw or partially cooked foods or unpasteurized juice as ingredients shall bear the following: This food contains raw or partially cooked eggs, fish, shellfish, or unpasteurized juice. Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe foodborne illness from eating this item. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELLFISH. Section 403 (21 U.S.C. 343), as amended by section 2, is amended by adding at the end the following: ``(z)(1) Except as provided in subparagraph (2), if it is fish or shellfish that has been frozen unless its label or labeling bears a prominent and conspicuous statement indicating that such product has been frozen. ``(2) This paragraph shall not apply to fish or shellfish that has been frozen prior to being smoked, cured, cooked, or subjected to the heat of commercial sterilization. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 4. SALE OF RAW EGGS. Section 403 (21 U.S.C. 343), as amended by section 3, is amended by adding at the end the following: ``(aa)(1) If it is raw eggs, unless its label or labeling states `Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe illness from eating raw or partially cooked eggs.' ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 5. STATEMENT OF ORIGIN. Section 403 (21 U.S.C. 343), as amended by section 4, is amended by adding at the end the following: ``(bb)(1) If it is a perishable agricultural commodity as defined in section 1(b)(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)(1)), unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity. ``(2) If it is a product derived from a perishable agricultural commodity, including juice, frozen juice concentrate, fruit butter, preserves and jams, or canned or frozen fruits or vegetables, unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity and the product derived from it. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 6. FRESHNESS DATE. Section 403 (21 U.S.C. 343), as amended by section 5, is amended by adding at the end the following: ``(cc)(1) Unless its label or labeling bears the date upon which the food should no longer be sold because of diminution of quality, nutrient availability, or safety. The freshness date shall be stated in terms of the day and month of the year if the food will not be fresh after 3 months on the shelf, or in terms of the month and year if the product will be fresh for more than 3 months on the shelf. The phrase `use by' shall precede the date. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the means of disclosing the freshness date.''. SEC. 7. FOOD LABELED AS NATURAL. Section 403 (21 U.S.C. 343), as amended by section 6, is amended by adding at the end the following: ``(dd)(1) If its label or labeling bears the word `natural', unless-- ``(A) it contains no artificial flavoring, color additive, chemical preservative, or any other artificial or synthetic ingredient added after harvesting; and ``(B) it has undergone no processing other than minimal processing, such as the removal of inedible substances or the application of physical processes such as cutting, grinding, drying, homogenizing, or pulping. ``(2) This paragraph shall not apply to the use of the terms `natural flavors' and `natural colors' as approved by the Food and Drug Administration. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS. Section 403 (21 U.S.C. 343), as amended by section 7, is amended by adding at the end the following: ``(ee)(1) If it is falsely represented in the food's label or labeling to be kosher, kosher for Passover, pareve, or as having been prepared in accordance with orthodox Jewish religious standards either by direct statements, orally or in writing, or by display of the word `Kosher', `Kosher for Passover', or `Pareve'; or ``(2) if the food's label or labeling uses the term `Kosher' in conjunction with the words `style' or `type' or any similar expression which might reasonably be calculated to deceive a reasonable person to believe that a representation is being made that the food sold is kosher, kosher for Passover, pareve, or prepared in accordance with orthodox Jewish religious standards. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation provisions that implement this paragraph.''. SEC. 9. UNIT PRICING. (a) In General.--Section 403 (21 U.S.C. 343), as amended by section 8, is amended by adding at the end the following: ``(ff)(1) Unless its label or labeling bears the unit price and the total price of the food as provided in this paragraph. ``(2) As used in this paragraph: ``(A) The term `unit price' of food shall mean the price per measure. ``(B) The term `price per measure' shall mean-- ``(i) price per pound for food whose net quantity is expressed in units of weight, except for such food whose net weight is less than 1 ounce which shall be expressed as price per ounce if the same unit of measure is used for the same food in all sizes; ``(ii) price per pint or quart for food whose net quantity is stated in fluid ounces, pints, quarts, gallons, or a combination thereof, if the same unit of measure is used for the same food in all sizes sold in the retail establishment; and ``(iii) price per 100 for food whose net quantity is expressed by count, except as otherwise provided by regulation. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of pricing as prescribed by this paragraph.''. SEC. 10. GRADES FOR FARM PRODUCTS. Section 403 (21 U.S.C. 343), as amended by section 9, is amended by adding at the end the following: ``(gg)(1) Unless it bears a grade, where grading is customary within the industry. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of grading for food which is customarily graded.''. SEC. 11. REGULATIONS. (a)(1) Within 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraphs (y) through (gg) of section 403 of the Federal Food, Drug, and Cosmetic Act. The proposed regulations shall establish format requirements for the label statements mandated by such sections. The required label statements shall appear in easily legible boldface print or type, with upper and lower case letters, and in distinct contrast to other printed or graphic matter. The label statements shall appear in a type size not less than the largest type found on the label, except that used for the brand name, product name, logo, or universal product code, and in any case not less than the type size required for the declaration of net quantity of contents statement as prescribed by regulation printed in 21 C.F.R. 101.105(1). All required label statements shall be placed on the information panel, except for the statements required by paragraphs (bb) and (ff) of such section 403, which shall be placed on the principal display panel. (2) Not later than 24 months after the date of enactment of this Act, the Secretary shall issue final regulations to implement sections 403(dd) and 403(ee) of the Federal Food, Drug, and Cosmetic Act. (b) If the Secretary does not promulgate final regulations under subsection (a)(2) upon the expiration of 24 months after the date of the enactment of this Act, the proposed regulation issued in accordance with subsection (a)(1) shall be considered as the final regulations upon the expiration of such 24 months. There shall be promptly published in the Federal Register notice of the new status of the proposed regulations.
National Uniform Food Safety Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to deem food to be misbranded unless the label: (1) for raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice discloses the increased risk associated with eating such food in raw or partially cooked form and the risk to children, the elderly, pregnant women, and persons with weakened immune systems of experiencing foodborne illnesses from eating such food; (2) for frozen fish or shellfish prominently discloses that the product has been frozen unless it was smoked, cured, cooked, or commercially sterilized prior to being frozen; (3) for raw eggs discloses the increased risk associated with eating raw eggs for children, the elderly, pregnant women, or persons with weakened immune systems; (4) for perishable agricultural commodities or derivatives contains the country of origin; (5) contains the date upon which it should no longer be sold because of diminution of quality, nutrient availability, or safety; (6) bears the word "natural" only if the food contains no artificial or synthetic ingredient added after harvesting and has not undergone other than minimal processing; (7) does not falsely represent that food has been prepared in accordance with orthodox Jewish religious standards; (8) includes the unit price and the total price of the food in accordance with this Act; and (9) bears a grade where grading is customary within the industry.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur Startup Growth Act of 2011''. SEC. 2. SELF-EMPLOYMENT TAX INITIATIVE GRANT PROGRAM. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Commissioner of Internal Revenue, in consultation with the Administrator of the Small Business Administration, shall establish a self-employment tax initiative grant program (in this section referred to as the ``program'') to provide to covered individuals affordable tax preparation and business development assistance. (b) Grant Authority and Eligible Entities.--Under the program, the Commissioner may make a grant to the following: (1) A community-based organization. (2) A microlender. (3) A nonprofit organization. (4) An institution of higher education. (5) A local government. (6) A consortium of entities described in any of paragraphs (1) through (5). (c) Grant Uses.--A grant made under the program shall be used for the following: (1) Providing affordable tax preparation assistance to a covered individual. (2) Providing business development assistance to a covered individual, including individual counseling, classroom training, or other activities designed to assist a covered individual to improve the profitability, efficiency, or readiness for financing of the individual's business. (3) Conducting culturally and linguistically appropriate outreach to underserved communities in the area in which assistance described in paragraph (1) or (2) is provided. (d) Applications for Grants.--To be eligible for a grant under the program an entity specified in subsection (b) shall submit to the Commissioner an application at such time, in such form, and containing such information as the Commissioner may require, but which, at a minimum, shall-- (1) include the plan of the entity to provide assistance and outreach described in subsection (c) throughout each year; and (2) demonstrate that the entity has experience providing the assistance described in paragraph (1) and the assistance described in paragraph (2) of subsection (c). (e) Grant Amount.--A grant made under the program may not be in an amount that exceeds $75,000. (f) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the program, including program outcomes. (2) Report.--Not later than 3 years after the date on which the program is established, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include the following: (A) An analysis of the impact of the program on covered individuals and the businesses of such individuals. (B) An identification of the best practices of grant recipients with respect to activities carried out with grant funds. (C) Recommendations for improving the program. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out the program $1,500,000 for each of fiscal years 2012 through 2016. (2) Administrative costs.--Of the funds made available to carry out the program each fiscal year, the Commissioner may use not more than 10 percent for the administrative costs of the program. (h) Definitions.--In this section, the following definitions apply: (1) Covered individual.--The term ``covered individual'' means, with respect to any taxable year, an individual who-- (A) is engaged in an active trade or business as a sole proprietor during such taxable year; (B) is required to report income or loss on Schedule C to Form 1040 for such taxable year; and (C) has modified adjusted gross income of $50,000 or less for the preceding taxable year. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Microlender.--The term ``microlender'' means a private organization that provides-- (A) loans of $50,000 or less to entrepreneurs, small business owners, and nonprofit child care providers; and (B) marketing, management, and technical assistance to loan recipients and potential loan recipients. (4) Modified adjusted gross income.--The term ``modified adjusted gross income'' means the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the taxpayer for a taxable year increased by any amount excluded from gross income under section 911, 931, or 933 of such Code.
Entrepreneur Startup Growth Act of 2011 - Directs the Commissioner of the Internal Revenue Service (IRS), in consultation with the Administrator of the Small Business Administration (SBA), to establish a self-employment tax initiative grant program to provide certain self-employed individuals with modified adjusted gross incomes of $50,000 or less with affordable tax preparation and business development assistance. Authorizes the Commissioner to make program grants of not more than $75,000 to community-based organizations, microlenders, nonprofit organizations, institutions of higher education, and local governments. Directs the Comptroller General to study and report on such program, including program outcomes.
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SECTION 1. FIREFIGHTER ASSISTANCE. The first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended to read as follows: ``SEC. 33. FIREFIGHTER ASSISTANCE. ``(a) Definition of Firefighting Personnel.--In this section, the term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(b) Assistance Program.-- ``(1) Authority.--In accordance with this section, the Administrator may-- ``(A) make grants on a competitive basis directly to fire departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health and safety of the public, firefighting personnel, and property against fire and fire-related hazards; and ``(B) provide assistance for fire prevention programs in accordance with paragraph (4). ``(2) Office for administration of assistance.-- ``(A) Establishment.--Before providing assistance under paragraph (1), the Administrator shall establish an office in the Administration to administer the assistance under this section. ``(B) Included duties.--The duties of the office shall include the following: ``(i) Recipient selection criteria.--To establish specific criteria for the selection of recipients of the assistance under this section, including a requirement for peer review of the selection process. ``(ii) Grant-writing assistance.--To provide grant-writing assistance to applicants. ``(3) Use of fire department grant funds.--The Administrator may make a grant under paragraph (1)(A) only if the applicant for the grant agrees to use the grant funds for one or more of the following purposes: ``(A) To hire additional firefighting personnel. ``(B) To train firefighting personnel in firefighting, emergency response (including response to a terrorism incident or use of a weapon of mass destruction), arson prevention and detection, or the handling of hazardous materials, or to train firefighting personnel to provide any of the training described in this subparagraph. ``(C) To fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies. ``(D) To certify fire inspectors. ``(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel can carry out their duties. ``(F) To fund emergency medical services provided by fire departments. ``(G) To acquire additional firefighting vehicles, including fire trucks. ``(H) To acquire additional firefighting equipment, including equipment for communications, monitoring, and response to a terrorism incident or use of a weapon of mass destruction. ``(I) To acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel, including protective equipment to respond to a terrorism incident or the use of a weapon of mass destruction. ``(J) To modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. ``(K) To enforce fire codes. ``(L) To fund fire prevention programs. ``(M) To educate the public about arson prevention and detection. ``(N) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments that utilize volunteers, including funding to enable training described in subparagraph (B). ``(4) Fire prevention programs.-- ``(A) In general.--For each fiscal year, the Administrator shall use not less than 5 percent of the funds made available under subsection (e)-- ``(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and ``(ii) to make grants to, or enter into contracts or cooperative agreements with, national, State, local, or community organizations that are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activities, for the purpose of carrying out fire prevention programs. ``(B) Priority.--In selecting organizations described in subparagraph (A)(ii) to receive assistance under this paragraph, the Administrator shall give priority to organizations that focus on prevention of injuries to children from fire. ``(5) Application.--The Administrator may provide assistance to a fire department or organization under this subsection only if the fire department or organization seeking the assistance submits to the Administrator an application that meets the following requirements: ``(A) Form.--The application shall be in such form as the Administrator may require. ``(B) Information.--The application shall include the following information: ``(i) Financial need.--Information that demonstrates the financial need of the applicant for the assistance for which applied. In allocating funds under this section, the Administrator shall not discriminate against an applicant whose funding jurisdiction places a high budget priority on fire department needs. ``(ii) Cost-benefit analysis.--An analysis of the costs and benefits, with respect to public safety, of the use of the assistance. ``(iii) Reporting systems data.--An agreement to provide information to the national fire incident reporting system for the period covered by the assistance. ``(iv) Other information.--Any other information that the Administrator may require. ``(6) Non-federal contribution.-- ``(A) In general.--Subject to subparagraph (B), the Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to provide 30 percent of the cost of the purposes for which the assistance is sought under this subsection in non-Federal funds for any fiscal year. ``(B) Requirement for small community organizations.--In the case of an applicant whose personnel serve jurisdictions of 50,000 or fewer residents, the required non-Federal contribution under subparagraph (A) shall be 10 percent. ``(7) Maintenance of expenditures.--The Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to maintain in the fiscal year for which the assistance will be received the applicant's aggregate expenditures for the uses described in paragraph (3) or (4) at or above the average level of such expenditures in the two fiscal years preceding the fiscal year for which the assistance will be received. ``(8) Report to the administrator.--The Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to submit to the Administrator a report, including a description of how the assistance was used, with respect to each fiscal year for which the assistance was received. ``(9) Variety of fire department grant recipients.--The Administrator shall ensure that grants under paragraph (1)(A) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants-- ``(A) career, volunteer, and combination fire departments; ``(B) fire departments located in communities of varying sizes; and ``(C) fire departments located in urban, suburban, and rural communities. ``(10) Grant limitations.-- ``(A) Recipient limitation.--A grant recipient under this section may not receive more than $750,000 under this section for any fiscal year. ``(B) Limitation on expenditures for firefighting vehicles.--Not more than 25 percent of the funds appropriated to provide grants under this section for a fiscal year may be used to assist grant recipients to purchase vehicles, as authorized by paragraph (3)(G). ``(11) Reservation of grant funds for volunteer departments.--In making grants to firefighting departments, the Administrator shall ensure that those firefighting departments that have either all-volunteer forces of firefighting personnel or combined forces of volunteer and career firefighting personnel collectively receive at least a proportion of the total grant funding that equals the proportion of the United States population that those firefighting departments protect. ``(c) Audits.--A recipient of a grant under this section shall be subject to audits to ensure that the grant proceeds are expended for the intended purposes and that the grant recipient complies with the requirements of paragraphs (6) and (7) of subsection (b). ``(d) State Defined.--In this section, the term `State' includes the District of Columbia and the Commonwealth of Puerto Rico. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Administrator $900,000,000 for each of the fiscal years 2002 through 2004 for the purposes of this section. ``(2) Administrative expenses.--Of the funds appropriated pursuant to paragraph (1) for a fiscal year, the Administrator may use not more than five percent of the funds to cover salaries and expenses and other administrative costs incurred by the Administrator to operate the office established under subsection (b)(2) and make grants and provide assistance under this section.''. SEC. 2. TECHNICAL AMENDMENTS. The second section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2230) and section 34 of that Act (15 U.S.C. 2231) are redesignated as sections 34 and 35, respectively.
Amends the Federal Fire Prevention and Control Act of 1974 with respect to competitive grants to fire departments by the Federal Emergency Management Agency's (FEMA's) U.S. Fire Administration. Adds protection of property to the list of grant purposes.Requires the grant administration office to require peer review of the grant recipient selection process.Adds funding for training as a volunteer recruitment and retention incentive among the proper uses of grant funds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Colorado Wilderness Study Area Release Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) Congress finds that for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands in the North Sand Hills Instant Study Area in Jackson County, Colorado, have been adequately studied for wilderness designation; and (A) the Bureau of Land Management in 1980 found the North Sand Hills Instant Study Area did not meet wilderness criteria; and (B) in 2011, the Bureau of Land Management Colorado Northwest Resource Advisory Council Resolution 2011-01 supported the release of the North Sand Hills Instant Study Area from further consideration of wilderness designation. (2) Congress finds that for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands, as defined by section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), in the Dominguez Canyon Wilderness Study Area in Mesa and Delta Counties, Colorado, and the public lands, as defined by section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), in the Black Ridge Canyons Wilderness Study Area in Mesa County, Colorado, have been adequately studied for wilderness designation and the remaining Wilderness Study Area acreage in the Dominguez Canyon Wilderness Study Area and the Black Ridge Canyons Wilderness Study Area was excluded from their respective wilderness designations. (b) Purpose.--The purpose of this Act is to release certain Wilderness Study Areas from further consideration of wilderness designation, and to direct the Secretary of the Interior to manage those areas according to applicable land use plans. SEC. 3. RELEASE OF WILDERNESS STUDY AREAS. (a) North Sand Hills Instant Study Area.--Any public land in the North Sand Hills Instant Study Area-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed according to the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). (b) Dominguez Canyon Wilderness Study Area.--Any portion of the Dominguez Canyon Wilderness Study Area within the Dominguez-Escalante National Conservation Area, as designated by Public Law 111-11, and not designated as wilderness by that Act, or any subsequent Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); (2) shall be included in the non-wilderness component of the Dominguez-Escalante National Conservation Area; and (3) shall be managed according to the applicable National Conservation Area land use plan adopted under section 202 of that Act (43 U.S.C. 1712). (c) Black Ridge Canyons Wilderness Study Area.--Any portion of the Black Ridge Canyons Wilderness Study Area within the McInnis Canyons National Conservation Area, as designated by Public Law 106-353, and not designated as wilderness by that Act, or any subsequent Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); (2) shall be included in the non-wilderness component of the McInnis Canyons National Conservation Area; and (3) shall be managed according to the applicable National Conservation Area land use plan adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 4. BOUNDARIES ALONG COLORADO RIVER. Section 6(l)(5) of Public Law 106-353 (16 U.S.C. 460mmm-4(l)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) In areas in which the Colorado River is used as a reference for defining the boundary of the Conservation Area, the boundary shall-- ``(i) be located at the edge of the river; and ``(ii) change according to the river level.''; and (2) by inserting after subparagraph (A), the following (and redesignating the subsequent subparagraphs accordingly): ``(B) Regardless of the level of the Colorado River, no portion of the Colorado River shall be included in the Conservation Area.''. SEC. 5. AUTHORIZATION FOR CERTAIN LAND EXCHANGES. Section 2405 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460zzz-4) is amended by adding at the end of subsection (d) the following: ``(3) Certain conservation area exchanges.-- ``(A) In general.--In order to protect and consolidate Federal land within the boundary of the Conservation Area and to resolve inadvertent trespasses, and subject to subparagraph (B), the Secretary may enter into an agreement with any owner of private land within the boundaries of the Conservation Area to exchange any private land for Federal land in the Conservation Area, if the Secretary determines that the exchange would enhance the values for which the Conservation Area is established. ``(B) Conditions.--An exchange of land under subparagraph (A) shall-- ``(i) be carried out consistent with any applicable laws (including regulations, including laws relating to appraisals and equal value exchanges); and ``(ii) be subject to-- ``(I) valid existing rights; and ``(II) any terms and conditions that the Secretary may require.''.
Western Colorado Wilderness Study Area Release Act This bill releases the following areas in Colorado from further review for designation as wilderness: (1) any public lands in the North Sand Hills Instant Study Area, (2) any portions of the Dominguez Canyon Wilderness Study Area within the Dominguez-Escalante National Conservation Area not designated as wilderness, and (3) any portions of the Black Ridge Canyons Wilderness Study Area within the McInnis Canyons National Conservation Area not designated as wilderness. The bill states that in areas in which the Colorado River is used as a reference for defining the boundary of McInnis Canyons National Conservation Area, the boundary shall: (1) be located at the edge of the river, and (2) change according to the river's level. The bill prohibits the inclusion of any portion of the Colorado River, regardless of its level, within the conservation area. The Omnibus Public Land Management Act of 2009 is amended to authorize the Department of the Interior to enter into land exchanges within the conservation area which would enhance the values for which it was established.
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SECTION 1. CONSIDERATION OF MILITARY INSTALLATIONS OUTSIDE THE UNITED STATES FOR CLOSURE AND REALIGNMENT. (a) Expansion of Scope of Base Closure Law.--The Defense Base Closure and Realignment Act of 1990 (Part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (1) by redesignating sections 2910 and 2911 as sections 2911 and 2912, respectively; and (2) by inserting after section 2909 the following new section: ``SEC. 2910. CONSIDERATION OF MILITARY INSTALLATIONS OUTSIDE THE UNITED STATES. ``(a) Recommendations for Termination and Reductions of Military Operations Outside the United States.--With respect to recommendations made in 1995 for the closure and realignment of military installations under this part, the Secretary and the Commission shall include recommendations for the termination and reduction of military operations carried out by the United States at military installations outside the United States. ``(b) Selection Criteria.--(1) Not later than December 31, 1993, the Secretary shall publish in the Federal Register and transmit to the congressional defense committees the criteria proposed to be used by the Department of Defense in making recommendations for terminating and reducing military operations carried out by the United States at military installations outside the United States. The Secretary shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under the preceding sentence. ``(2) Not later than February 15, 1994, the Secretary shall publish in the Federal Register and transmit to the congressional defense committees the final criteria to be used in making recommendations for terminating and reducing military operations carried out by the United States at military installations outside the United States. ``(3) The criteria developed under this subsection, along with the force-structure plan referred to in section 2903(a), shall be the final criteria to be used in making recommendations for terminating and reducing military operations carried out by the United States at military installations outside the United States, unless the criteria are-- ``(A) disapproved by a joint resolution of Congress enacted on or before March 15, 1994; or ``(B) amended by the Secretary in the manner described in section 2903(b)(2)(B). ``(c) Recommendations of the Secretary.--The Secretary shall transmit recommendations to the Commission for the termination and reduction of military operations of the United States at specified military installations outside the United States. The recommendations shall be included in the recommendations transmitted to the Commission with respect to the closure and realignment of military installations inside the United States under section 2903(c). ``(d) Review and Recommendations by Commission.--The Commission shall review the recommendations transmitted by the Secretary under subsection (c). The Commission may make changes in the recommendations made by the Secretary only in the manner provided in subparagraphs (B), (C), and (D) of section 2903(d)(2). The Commission shall include, in its recommendations to the President under section 2903(d), its recommendations for the termination and reduction of military operations of the United States at specified military installations outside the United States. ``(e) Review and Transmittal by the President.--The recommendations transmitted by the President under section 2903(e) shall contain the recommendations of the Commission for the termination and reduction of military operations of the United States at specified military installations outside the United States.``. (b) Conforming Amendments.--(1) Subsection (b) of section 2901 of such Act is amended to read as follows: ``(b) Purpose.--The purpose of this part is to provide a fair process that will result in the timely closure and realignment of military installations inside and outside the United States.''. (2) Section 2911 of such Act, as redesignated by subsection (a)(1), is amended-- (A) in paragraph (4), by inserting after the first sentence the following new sentence: ``With respect to military operations carried out by the United States outside the United States, such term includes the sites and facilities at which such operations are carried out without regard to whether the sites and facilities are owned by the United States.''; and (B) by adding at the end the following new paragraph: ``(8) The terms `closure' and `realignment' include, with respect to military operations carried out by the United States outside the United States, the termination or reduction of such operations.''.
Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made in 1995 for the closure and realignment of military installations under such Act, to include recommendations for the termination and reduction of operations at military installations outside the United States. Directs the: (1) Secretary to publish in the Federal Register and transmit to the appropriate congressional committees the interim and final criteria proposed to be used by the Department of Defense in making such recommendations; (2) Secretary to transmit final recommendations to the Commission; and (3) Commission to review and make changes, if necessary, to such recommendations and report its recommendations to the President.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Digital Coast is a model approach for effective Federal partnerships with State and local government, nongovernmental organizations, and the private sector. (2) Access to current, accurate, uniform, and standards- based geospatial information, tools, and training to characterize the United States coastal region is critical for public safety and for the environment, infrastructure, and economy of the United States. (3) More than half of all people of the United States (153,000,000) currently live on or near a coast and an additional 12,000,000 are expected in the next decade. (4) Coastal counties in the United States average 300 persons per square mile, compared with the national average of 98. (5) On a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population. (6) Over half of the economic productivity of the United States is located within coastal regions. (7) Highly accurate, high-resolution remote sensing and other geospatial data play an increasingly important role in decisionmaking and management of the coastal zone and economy, including for-- (A) flood and coastal storm surge prediction; (B) hazard risk and vulnerability assessment; (C) emergency response and recovery planning; (D) community resilience to longer range coastal change; (E) local planning and permitting; (F) habitat and ecosystem health assessments; and (G) landscape change detection. SEC. 3. DEFINITIONS. In this Act: (1) Coastal region.--The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (2) Coastal state.--The term ``coastal State'' has the meaning given the term ``coastal state'' in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (3) Federal geographic data committee.--The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. (4) Remote sensing and other geospatial.--The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, LiDAR, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. (a) Establishment.-- (1) In general.--The Secretary shall establish a program for the provision of an enabling platform that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs. Under the program, the Secretary shall strive to enhance resilient communities, ecosystem values, and coastal economic growth and development by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) Designation.--The program established under paragraph (1) shall be known as the ``Digital Coast'' (in this section referred to as the ``program''). (b) Program Requirements.--In carrying out the program, the Secretary shall ensure that the program provides data integration, tool development, training, documentation, dissemination, and archive by-- (1) making data and resulting integrated products developed under this section readily accessible via the Digital Coast Internet website of the National Oceanic and Atmospheric Administration, the GeoPlatform.gov and data.gov Internet websites, and such other information distribution technologies as the Secretary considers appropriate; (2) developing decision-support tools that use and display resulting integrated data and provide training on use of such tools; (3) documenting such data to Federal Geographic Data Committee standards; and (4) archiving all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or such other Federal data center as the Secretary considers appropriate. (c) Coordination.--The Secretary shall coordinate the activities carried out under the program to optimize data collection, sharing and integration, and to minimize duplication by-- (1) consulting with coastal managers and decisionmakers concerning coastal issues, and sharing information and best practices, as the Secretary considers appropriate, with-- (A) coastal States; (B) local governments; and (C) representatives of academia, the private sector, and nongovernmental organizations; (2) consulting with other Federal agencies, including interagency committees, on relevant Federal activities, including activities carried out under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), and the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.); (3) participating, pursuant to section 216 of the E- Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), in the establishment of such standards and common protocols as the Secretary considers necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; and (4) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 of April 14, 1994 (59 Fed. Reg. 17671), as amended by Executive Order 13286 of March 5, 2003 (68 Fed. Reg. 10619). (d) Filling Needs and Gaps.--In carrying out the program, the Secretary shall-- (1) maximize the use of remote sensing and other geospatial data collection activities conducted for other purposes and under other authorities; (2) focus on filling data needs and gaps for coastal management issues, including with respect to areas that, as of the date of the enactment of this Act, were underserved by coastal data and the areas of the Arctic that are under the jurisdiction of the United States; (3) pursuant to the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), support continue improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, including-- (A) coastal elevation data; (B) land use and land cover data; (C) socioeconomic and human use data; (D) critical infrastructure data; (E) structures data; (F) living resources and habitat data; (G) cadastral data; and (H) aerial imagery; and (4) integrate the priority supporting data set forth under paragraph (3) with other available data for the benefit of the broadest measure of coastal resource management constituents and applications. (e) Financial Agreements and Contracts.-- (1) In general.--In carrying out the program, the Secretary-- (A) may enter into financial agreements to carry out the program, including-- (i) support to non-Federal entities that participate in implementing the program; (ii) grants, cooperative agreements, interagency agreements, contracts, or any other agreement on a reimbursable or non-reimbursable basis, with other Federal, tribal, State, and local governmental and nongovernmental entities; and (iii) registration fees in support of training, workshops, and conferences that advance the purposes of the program; and (B) shall enter into such contracts with private sector entities for such products and services as the Secretary determines may be necessary to collect, process, and provide remote sensing and other geospatial data and products for purposes of the program. (2) Survey and mapping.--Contracts entered into under paragraph (1)(B) shall be considered ``surveying and mapping'' services as such term is used in and as such contracts are awarded by the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program in each of fiscal years 2017 through 2021.
Digital Coast Act of 2016 This bill authorizes the National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management to establish a Digital Coast program for the sharing of digital information to help coastal communities better prepare for storms, plan for long-term coastal resilience, and manage coastal resources. The program launches the next phase of development at NOAA for the use of coastal mapping. In order for coastal communities to effectively use coastal mapping to solve coastal problems there must be coordination and information sharing among federal, state, local, and private participants in each coastal area. NOAA's Office for Coastal Management should optimize the development and use of coastal mapping data by: integrating the data to make it readily accessible via the internet, developing visualization and predictive tools that makes the data easier to find and use, providing training on how to decipher and use the data to make accurate decisions, making sure the data meets federal standards, and archiving the data at the NOAA data center. In addition, the Digital Coast program requires NOAA's Office for Coastal Management to prioritize the collection of coastal mapping data in critical coastal areas, and support existing efforts to improve the acquisition of the key data sets necessary for coastal communities to effectively solve coastal problems.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 2005''. SEC. 2. DIGITAL MAPPING PILOT PROJECT FINALIZATION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps of the John H. Chafee Coastal Barrier Resources System units and otherwise protected areas created under the digital mapping pilot project, carried out under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note). (b) Consultation in Preparing Report.--The Secretary shall prepare the report required under subsection (a) in consultation with the Governors of the States in which System units and otherwise protected areas are located, and after providing the opportunity for submission of, and considering, public comment. (c) Report Content.--The report required under subsection (a) shall contain-- (1) final recommended digital maps created under such pilot project; (2) recommendations for the adoption of such digital maps by the Congress; (3) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the digital maps; (4) a summary and update of the protocols and findings of the report required under section 6(d) of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note); and (5) an analysis of the benefit, if any, that the public will receive by utilizing digital mapping technology for all System units and otherwise protected areas. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2006 through 2007. SEC. 3. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS. (a) In General.--The Secretary of the Interior shall carry out a project to create digital versions of all of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including otherwise protected areas, as defined in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note), that were not included in the pilot project under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note). (b) Data.-- (1) Use of existing data.--To the maximum extent practicable, in carrying out the project under this section, the Secretary shall use digital spatial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infrared photography, wetlands data, and property parcel data. (2) Provision of data by other agencies.--The head of a Federal agency that possesses data referred to in paragraph (1) shall, upon request of the Secretary, promptly provide the data to the Secretary at no cost. (3) Provision of data by non-federal agencies.--State and local agencies, and other entities, that possess data referred to in paragraph (1) are encouraged, upon request of the Secretary, to promptly provide the data to the Secretary at no cost. (4) Additional data.--If the Secretary determines that data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey shall obtain, in cooperation with the heads of other Federal agencies, as appropriate, and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section. (5) Data standards.--All data used or created to carry out this section shall comply with-- (A) the National Spatial Data Infrastructure established by Executive Order 12906 (59 Fed Reg. 17671 (April 13, 1994)); and (B) any other standards established by the Federal Geographic Data Committee established by Office of Management and Budget Circular A-16. (c) Report.-- (1) In general.--Not later than 5 years after the transmittal of the report described in section 2, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps created under this section. (2) Consultation in preparing report.--The Secretary shall prepare the report required under this subsection in consultation with the Governors of the States in which the System units and otherwise protected areas are located and after providing opportunity for submission of, and considering, public comment. (3) Report content.--The report required under this subsection shall contain-- (A) the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; (B) a summary of the comments received from Governors, other government officials, and the public regarding the digital maps created under this section; (C) recommendations for the adoption of the digital maps created under this section by the Congress; (D) recommendations for expansion of the existing System and otherwise protected areas, after considering the inventories, assessments, and recommendations of participating States under section 4; (E) a summary and update on the implementation and use of the digital maps created under the digital mapping pilot project carried out under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note); (F) a description of the feasibility of, and the amount of funding necessary for, making all of the System unit and otherwise protected area maps available to the public in digital format; and (G) a description of the feasibility of, and the amount of funding necessary for, facilitating the integration of digital System unit and otherwise protected area boundaries into Federal, State, and local planning tools. SEC. 4. GRANT PROGRAM FOR COMPREHENSIVE INVENTORY AND ASSESSMENT OF UNDEVELOPED COASTAL BARRIERS. (a) In General.--The Secretary of Interior shall establish a program to provide grants to States for the purpose of identifying, assessing, and recommending additional eligible coastal barriers, or portions thereof, along the Atlantic and Gulf coasts and the shore areas of the Great Lakes of the United States, for inclusion in the John H. Chafee Coastal Barrier Resources System or for treatment as otherwise protected areas. (b) Inventory.--Subject to funds being made available under the program, the Secretary shall develop criteria for soliciting and reviewing grant proposals from, and issuing grants to States in which System units or otherwise protected areas are located. The criteria shall include a requirement that States that receive grants through the program shall conduct a comprehensive statewide inventory of all coastal barriers, or portions thereof, that-- (1) are undeveloped coastal barriers as defined in section 3(1) of the Coastal Barrier Resources Act (16 U.S.C. 3502(1)); (2) are not currently designated as a System unit or otherwise protected area; (3) consist of five acres or more, of land above mean high tide; and (4) have a minimum of approximately one-quarter mile of shoreline on the unprotected (seaward) side of the coastal barrier. (c) Report.--Each State receiving a grant under this section, in accordance with the criteria developed by the Secretary under subsection (b), shall prepare and submit to the Secretary a report regarding the inventory under subsection (b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary for carrying out this Act $3,000,000 for each of fiscal years 2006 through 2010.''.
Coastal Barrier Resources Reauthorization Act of 2005 - Directs the Secretary of the Interior to report to Congress on the creation of digital maps of the John H. Chafee Coastal Barrier Resources System units and other protected areas under the digital mapping pilot project. Requires the Secretary to carry out a project to create digital versions of all the remaining John H. Chafee Coastal Barrier Resources System maps and protected areas not included in the pilot project. Establishes a program to provide grants to states to identify, assess, and recommend additional eligible coastal barriers along the Atlantic and Gulf coasts and shore areas of the Great Lakes for inclusion in the John H. Chafee Coastal Barrier Resources System or for treatment as protected areas.
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SECTION 1. COMPENSATION FOR UNITED STATES CITIZENS TAKEN HOSTAGE BY TERRORISTS OR STATE SPONSORS OF TERRORISM. (a) In General.--In accordance with such procedures as the President may by regulation establish, the President or his designee shall receive the claims of, and pay compensation to, any national of the United States, or to the estate of any such national, who-- (1) as of the date of enactment of this Act has a claim pending in a court of the United States against a foreign state seeking compensation for injuries caused by an act of hostage- taking or has obtained a judgment on such a claim that has not been fully satisfied; (2) at any time on or after August 2, 1990, and while not serving on active duty in the Armed Forces of the United States, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS) in the United States District Court for the District of Columbia. (b) Limit on Amount of Award.--The amount that may be awarded to any person seeking compensation under this section shall not exceed $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index, from the date on which the hostage-taking occurred to the date on which compensation is paid. (c) Type of Award.--Subject to the limit in subsection (b), any person seeking compensation for hostage-taking under this section shall be awarded the following amounts with respect to which the United States shall enjoy full subrogation rights in the event such person obtains any recovery in litigation or otherwise as a result of such hostage-taking: (1) In the case of any person who has been issued a final judgment for compensatory damages, the unsatisfied amount of such judgment. (2) In the case of any person who survived his captivity and who has not been issued a final judgment for compensatory damages, $10,000 per day for each day that such person was held or, if he died or was tortured during the course of his captivity, the maximum amount in subsection (b). (d) Prohibition on Civil Actions Against Foreign States.--A person who has accepted compensation under subsection (c)(2) may not commence or maintain in a court of the United States a civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities. (e) Definitions.--In this section: (1) Hostage taking.--The term ``hostage taking'' has the meaning given that term in Article 1 of the International Convention Against the Taking of the Hostages and includes any act that caused a person to be in ``hostage status'' within the meaning of section 599C(d)(1) of Public Law 101-513. (2) Terrorist party.--The term ``terrorist party'' has the meaning given that term in the Terrorism Risk Insurance Act (section 201(d)(4) of Public Law 107-297) and includes any person, organization, or foreign state that was designated as such either at the time or as a result of the act of hostage- taking for which compensation is sought. (f) Funding.--Funds sufficient to pay persons to whom compensation is due under this section shall be made available from the Hostage Victims Fund, into which the President shall direct deposits, in proportions the President so allocates in the discretion of the President, from-- (1) the ``blocked assets'' of terrorist parties, as that term is defined in the Terrorism Risk Insurance Act (section 201(d)(2) of Public Law 107-297); (2) amounts received by the United States by reason of any legal action taken by the United States against any person relating to improper conduct in connection with the Oil for Food Program of the United Nations, including any fines, forfeitures or disgorgements of amounts received through any activity related to said Program; or (3) amounts received as a result of any fine or forfeiture obtained from any person or entity in connection with a violation of-- (A) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) section 5(b) of the Trading With the Enemy Act (50 U.S.C. App 5(b)); (C) the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56; 115 Stat. 272); (D) the Bank Secrecy Act (codified at title 12 U.S.C. 1829 (b) and 1951-1959 and 31 U.S.C. 5311-5313 and 5316-5332); (E) the Export Administration Act (50 U.S.C. App. 2401-2410); or (F) any regulations promulgated under an Act listed in subparagraphs (A) through (E). (g) Additional Compensation for Victims of Iranian Hostage Taking in Tehran.--In addition to any amounts that may be awarded under subsection (c), the President or his designee shall from monies deposited for Iran in the Iran Foreign Military Sales Fund account within the Foreign Military Sales Fund (including any amounts accrued as interest thereon)-- (1) pay any person who qualifies for payment under subsection (a)(3) who was taken hostage by the Islamic Republic of Iran on November 4, 1979 additional compensation of $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index, from the date on which the hostage taking occurred to the date on which the compensation is paid; and (2) pay any person who was, at the time of such hostage- taking, the spouse or child of such person, 50 percent of the total amount of compensation paid to the hostage.
Authorizes the President to compensate a U.S. national, or his or her estate, who: (1) has a claim pending in U.S. court against a foreign state seeking compensation for injuries caused by an act of hostage-taking, or has obtained a judgment on such a claim that has not been fully satisfied; (2) on or after August 2, 1990, and while not serving on active duty in the U.S. Armed Forces, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS) in the U.S. District Court for the District of Columbia. Bars a person who has accepted compensation under this Act from commencing or maintaining a U.S. civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities. Funds compensation under this Act from the Hostage Victims Fund, into which the President shall direct deposits from: (1) blocked assets of terrorist parties; (2) amounts received against any person in connection with the U.N. Oil for Food Program; or (3) amounts received as a result of any fine or forfeiture in connection with a violation of the International Emergency Economic Powers Act, the Trading With the Enemy Act, the USA PATRIOT Act of 2001, the Bank Secrecy Act, or the Export Administration Act. Provides additional compensation for victims of the 1979 Iranian hostage taking in Tehran, including spouses and children of persons taken captive.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Home Fire Safety Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) There were 12,800 candle fires in 1998, resulting in 170 deaths, 1,200 civilian injuries, and $174,600,000 in property damage. (2) In 1998, mattress and bedding fires caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (3) The United States mattress industry has a long history of working closely with safety officials to reduce mattress flammability. For the past 25 years, mattresses have been subject to a Federal flammability standard that requires mattresses to resist ignition by smoldering cigarettes. (4) Nevertheless, in 1998, fires involving mattresses and bedding accessories (which include pillows, comforters, and bedspreads) caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (5) In many such fires, the bedding accessories are the first products to ignite. Such products have a material impact on the fire's intensity, duration, and the risk that the fire will spread beyond the room of origin. (6) Upholstered furniture fires were responsible for 520 deaths in 1998, with little statistical change in the number of fires and deaths since 1994. (7) While the fire death rates for upholstered furniture fires have dropped during the period 1982 through 1994 for both California and the entire Nation, death rates in California, which has stricter standards, have dropped by a larger percentage than the nation as a whole. (8) Children, the elderly, and lower income families are at higher risk of death and injury from upholstered furniture fires caused primarily by the increasing incidents of children playing with matches, candles, lighters, or other small open flames. (9) In view of the increased incidents of fire, it is important for Congress to establish fire safety standards for candles, mattresses, bed clothing, and upholstered furniture. (10) The Consumer Product Safety Commission is the appropriate agency to develop and enforce such standards. (11) The Environmental Protection Agency should continue to review and determine the suitability of any materials used to meet any fire safety standard established as a result of this Act. (b) Purposes.--The purposes of this Act are-- (1) to protect the public against death and injury from fires associated with candles, mattresses, bed clothing, and upholstered furniture; and (2) to require the Consumer Product Safety Commission to develop and issue comprehensive uniform safety standards to reduce the flammability of candles, mattresses, bed clothing, and upholstered furniture. SEC. 3. CONSUMER PRODUCT FIRE SAFETY STANDARDS. (a) In General.--Within 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, as final consumer product safety standards under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), the following fire safety standards: (1) Upholstered furniture.--A fire safety standard for upholstered furniture that is substantially the same as the provisions of Technical Bulletin 117, ``Requirements, Test Procedure and Apparatus for Testing the Flame and Smolder Resistance of Upholstered Furniture'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2002. (2) Mattresses.--A fire safety standard for mattresses that is substantially the same as Technical Bulletin 603, ``Requirements and Test Procedure for Resistance of a Residential Mattress/Box Spring Set to a Large Open Flame'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2003. (3) Bedclothing.--A fire safety standard for bedclothing that is substantially the same as the October 22, 2003, draft for task force review of Technical Bulletin 604, ``Test Procedure and Apparatus for the Flame Resistance of Filled Bedclothing'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, October, 2003. (4) Candles.--A fire safety standard for candles that is substantially the same as Provisional Standard PS 59-02, ``Provisional Specification for Fire Safety for Candles'', ASTM International, as that provisional standard existed on the date of enactment of this Act. (b) Application of Certain Promulgation Requirements.--The requirements of subsections (a) through (f) of section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), and section 36 of that Act (15 U.S.C. 2083), do not apply to the consumer product safety standards required to be promulgated by subsection (a) of this section.
American Home Fire Safety Act - Requires the Consumer Product Safety Commission to promulgate, as final consumer product safety standards under the Consumer Product Safety Act (CPSA), specified fire safety standards for upholstered furniture, mattresses, bedclothing, and candles. Makes certain CPSA promulgation requirements inapplicable to the standards required to be promulgated by this Act.
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SECTION 1. FINDINGS. Congress finds the following: (1) Adak Island is an isolated island located 1,200 miles southwest of Anchorage, Alaska, between the Pacific Ocean and the Bering Sea. The island, with its unique physical and biological features, including a deepwater harbor and abundant marine-associated wildlife, was recognized early for both its natural and military values. In 1913, Adak Island was reserved and set aside as a preserve because of its value to seabirds, marine mammals, and fisheries. Withdrawals of portions of Adak Island for various military purposes date back to 1901 and culminated in the 1959 withdrawal of approximately half of the island for use by the Department of the Navy for military purposes. (2) By 1990, military development on Adak Island supported a community of 6,000 residents. Outside of the Adak Naval Complex, there was no independent community on Adak Island. (3) As a result of the Defense Base Closure and Realignment Act of 1990 (104 Stat. 1808), the Adak Naval Complex has been closed by the Department of Defense. (4) The Aleut Corporation is an Alaskan Native Regional Corporation incorporated in the State of Alaska pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). The Aleut Corporation represents the indigenous people of the Aleutian Islands who prior to the Russian exploration and settlement of the Aleutian Islands were found throughout the Aleutian Islands, which includes Adak Island. (5) None of Adak Island was available for selection by The Aleut Corporation under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) because it was part of a national wildlife refuge and because the portion comprising the Adak Naval Complex was withdrawn for use by the United States Navy for military purposes prior to the passage of the Alaska Native Claims Settlement Act in December 1971. (6) The Aleut Corporation is attempting to establish a community on Adak and has offered to exchange Alaska Native Claims Settlement Act land selections and entitlements for conveyance of certain lands and interests therein on a portion of Adak formerly occupied by the Navy. (7) Removal of a portion of the Adak Island land from refuge status will be offset by the acquisition of high-quality wildlife habitat in other Aleut Corporation selections within the Alaska Maritime National Wildlife Refuge, maintaining a resident human population on Adak to control caribou, and making possible a continued United States Fish and Wildlife Service presence in that remote location to protect the natural resources of the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. (8) It is in the public interest to promote reuse of the Adak Island lands by exchanging certain lands for lands selected by The Aleut Corporation elsewhere in the Alaska Maritime National Wildlife Refuge. Experience with environmental problems associated with formerly used defense sites in the State of Alaska suggests that the most effective and efficient way to avoid future environmental problems on Adak is to support and encourage active reuse of Adak. SEC. 2. RATIFICATION OF AGREEMENT. The document entitled the ``Agreement Concerning the Conveyance of Property at the Adak Naval Complex'' (hereinafter referred to as the ``Agreement''), and dated September 20, 2000, executed by The Aleut Corporation, the Department of the Interior, and the Department of the Navy, together with any technical amendments or modifications to the boundaries that may be agreed to by the parties, is hereby ratified, confirmed, and approved and the terms, conditions, procedures, covenants, reservations, indemnities and other provisions set forth in the Agreement are declared to be obligations and commitments of the United States as a matter of Federal law. Modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System within the military withdrawal on Adak Island set forth in Public Land Order 1949 may be made only upon agreement of all Parties to the Agreement and notification given to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The acreage conveyed to the United States by The Aleut Corporation under the Agreement, as modified, shall be at least 36,000 acres. SEC. 3. REMOVAL OF LANDS FROM REFUGE. Effective on the date of conveyance to the Aleut Corporation of the Adak Exchange Lands as described in the Agreement, all such lands shall be removed from the National Wildlife Refuge System and shall neither be considered as part of the Alaska Maritime National Wildlife Refuge nor subject to any laws pertaining to lands within the boundaries of the Alaska Maritime National Wildlife Refuge. The conveyance restrictions imposed by section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)) for land in the National Wildlife Refuge System shall not apply. The Secretary shall adjust the boundaries of the Refuge so as to exclude all interests in lands and land rights, surface and subsurface, received by The Aleut Corporation in accordance with this Act and the Agreement. SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT. Lands and interests therein exchanged and conveyed by the United States pursuant to this Act shall be considered and treated as conveyances of lands or interests therein under the Alaska Native Claims Settlement Act, except that receipt of such lands and interests therein shall not constitute a sale or disposition of land or interests received pursuant to such Act. The public easements for access to public lands and waters reserved pursuant to the Agreement are deemed to satisfy the requirements and purposes of section 17(b) of the Alaska Native Claims Settlement Act. SEC. 5. REACQUISITION OF LANDS. The Secretary of the Interior is authorized to acquire by purchase or exchange, on a willing seller basis only, any land conveyed to The Aleut Corporation under the Agreement and this Act. In the event any of the lands are subsequently acquired by the United States, they shall be automatically included in the Refuge System. The laws and regulations applicable to refuge lands shall then apply to these lands and the Secretary shall then adjust the boundaries accordingly. SEC. 6. GENERAL PROVISIONS. (a) Conveyance of Navy Personal Property.--Notwithstanding any other provision of law, and for the purposes of the transfer of property authorized by this Act, Department of Navy personal property that remains on Adak Island is deemed related to the real property and shall be conveyed by the Department of the Navy to The Aleut Corporation, at no additional cost, when the related real property is conveyed by the Department of the Interior. (b) Additional Conveyance.--The Secretary of the Interior shall convey to the Aleut Corporation those lands identified in the Agreement as the former landfill sites without charge to the Aleut Corporation's entitlement under the Alaska Native Claims Settlement Act. (c) Valuation.--For purposes of section 21(c) of the Alaska Native Claims Settlement Act, the receipt of all property by The Aleut Corporation shall be entitled to a tax basis equal to fair value on date of transfer. Fair value shall be determined by replacement cost appraisal. (d) Certain Property Treated as Not Developed.--Any property, including, but not limited to, appurtenances and improvements, received pursuant to this Act shall, for purposes of section 21(d) of the Alaska Native Claims Settlement Act and section 907(d) of the Alaska National Interest Lands Conservation Act be treated as not developed until such property is actually occupied, leased (other than leases for nominal consideration to public entities) or sold by The Aleut Corporation, or, in the case of a lease or other transfer by The Aleut Corporation to a wholly owned development subsidiary, actually occupied, leased, or sold by the subsidiary. (e) Certain Lands Unavailable for Selection.--Upon conveyance to The Aleut Corporation of the lands described in Appendix A of the Agreement, the lands described in Appendix C of the Agreement will become unavailable for selection under the Alaska Native Claims Settlement Act. (f) Maps.--The maps included as part of Appendix A to the Agreement depict the lands to be conveyed to The Aleut Corporation. The maps are on file at the Region 7 Office of the United States Fish and Wildlife Service and the offices of the Alaska Maritime National Wildlife Refuge in Homer, Alaska. The written legal descriptions of the lands to be conveyed to The Aleut Corporation are also part of Appendix A. In case of discrepancies, the maps shall control.
Ratifies, confirms, and approves the "Agreement Concerning the Conveyance of Property at the Adak Naval Complex" executed by the Aleut Corporation and the Departments of the Interior and the Navy. Declares the provisions set forth in the Agreement to be obligations and commitments of the United States.Provides that the Adak exchange lands shall be removed from the National Wildlife Refuge System (NWRS) and shall not be considered as part of the Alaska Maritime National Wildlife Refuge or subject to laws pertaining to lands within such Refuge.Treats lands and interests exchanged and conveyed by the United States pursuant to this Act as conveyances under the Alaska Native Claims Settlement Act (ANCSA), except that receipt shall not constitute a sale or disposition of land or interests pursuant to such Act.Authorizes the Secretary of the Interior to acquire any land conveyed to the Corporation under the Agreement and this Act. Includes acquired lands in the NWRS.Deems, for purposes of the transfer of property authorized by this Act, Department of Navy personal property that remains on Adak Island to be related to the real property and requires such personal property to be conveyed by such Department to the Corporation when the related real property is conveyed.Requires the Secretary to convey those lands identified in the Agreement as the former landfill sites to the Corporation without charge to its entitlement under ANCSA.Provides that, upon conveyance to the Corporation of certain lands described in the Agreement, specified other lands will become unavailable for selection under ANCSA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable; (2) each year, up to 12,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage; (3) thousands more infants are born each year with Fetal Alcohol Effect, also known as Alcohol Related Neurobehavioral Disorder (ARND), a related and equally tragic syndrome; (4) children of women who use alcohol while pregnant have a significantly higher infant mortality rate (13.3 per 1000) than children of those women who do not use alcohol (8.6 per 1000); (5) Fetal Alcohol Syndrome and Fetal Alcohol Effect are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming; (6) in some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effect are up to 30 times greater than national averages; (7) in addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effect pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals; (8) the total cost to the economy of Fetal Alcohol Syndrome was approximately $2,500,000,000 in 1995, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000; (9) researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effect increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the emotional, physical, and mental consequences of alcohol exposure to the baby; and (10) though approximately 1 out of every 5 pregnant women drink alcohol during their pregnancy, we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effect nationwide and to provide effective intervention programs and services for children, adolescents and adults already affected by these conditions. Such program shall-- (1) coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effect; (2) coordinate, support, and conduct prevention and intervention studies as well as epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; (3) coordinate, support and conduct research and demonstration projects to develop effective developmental and behavioral interventions and programs that foster effective advocacy, educational and vocational training, appropriate therapies, counseling, medical and mental health, and other supportive services, as well as models that integrate or coordinate such services, aimed at the unique challenges facing individuals with Fetal Alcohol Syndrome or Fetal Alcohol Effect and their families; and (4) foster coordination among all Federal, State and local agencies, and promote partnerships between research institutions and communities that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effect research, programs, surveillance, prevention, and interventions and otherwise meet the general needs of populations already affected or at risk of being impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effect. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART O--FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM. ``(a) Fetal Alcohol Syndrome Prevention, Intervention and Services Delivery Program.--The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effect prevention, intervention and services delivery program that shall include-- ``(1) an education and public awareness program to support, conduct, and evaluate the effectiveness of-- ``(A) educational programs targeting medical schools, social and other supportive services, educators and counselors and other service providers in all phases of childhood development, and other relevant service providers, concerning the prevention, identification, and provision of services for children, adolescents and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effect; ``(B) strategies to educate school-age children, including pregnant and high risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; ``(C) public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; and ``(D) strategies to coordinate information and services across affected community agencies, including agencies providing social services such as foster care, adoption, and social work, medical and mental health services, and agencies involved in education, vocational training and civil and criminal justice; ``(2) a prevention and diagnosis program to support clinical studies, demonstrations and other research as appropriate to-- ``(A) develop appropriate medical diagnostic methods for identifying Fetal Alcohol Syndrome and Fetal Alcohol Effect; and ``(B) develop effective prevention services and interventions for pregnant, alcohol-dependent women; and ``(3) an applied research program concerning intervention and prevention to support and conduct service demonstration projects, clinical studies and other research models providing advocacy, educational and vocational training, counseling, medical and mental health, and other supportive services, as well as models that integrate and coordinate such services, that are aimed at the unique challenges facing individuals with Fetal Alcohol Syndrome or Fetal Alcohol Effect and their families. ``(b) Grants and Technical Assistance.--The Secretary may award grants, cooperative agreements and contracts and provide technical assistance to eligible entities described in section 399H to carry out subsection (a). ``(c) Dissemination of Criteria.--In carrying out this section, the Secretary shall develop a procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effect diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act (42 U.S.C. 485n note) to health care providers, educators, social workers, child welfare workers, and other individuals. ``(d) National Task Force.-- ``(1) In general.--The Secretary shall establish a task force to be known as the National task force on Fetal Alcohol Syndrome and Fetal Alcohol Effect (referred to in this subsection as the `task force') to foster coordination among all governmental agencies, academic bodies and community groups that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effect research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effect. ``(2) Membership.--The Task Force established pursuant to paragraph (1) shall-- ``(A) be chaired by an individual to be appointed by the Secretary and staffed by the Administration; and ``(B) include the Chairperson of the Interagency Coordinating Committee on Fetal Alcohol Syndrome of the Department of Health and Human Services, and representatives from research and advocacy organizations such as the Research Society on Alcoholism, the FAS Family Resource Institute and the National Organization of Fetal Alcohol Syndrome, the academic community, and Federal, State and local government agencies and offices. ``(3) Functions.--The Task Force shall-- ``(A) advise Federal, State and local programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect, including programs and research concerning education and public awareness for relevant service providers, school-age children, women at-risk, and the general public, medical diagnosis, interventions for women at-risk of giving birth to children with Fetal Alcohol Syndrome and Fetal Alcohol Effect, and beneficial services for individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effect and their families; ``(B) coordinate its efforts with the Interagency Coordinating Committee on Fetal Alcohol Syndrome of the Department of Health and Human Services; and ``(C) report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. ``(4) Time for appointment.--The members of the Task Force shall be appointed by the Secretary not later than 6 months after the date of enactment of this part. ``SEC. 399H. ELIGIBILITY. ``To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall-- ``(1) be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part, $27,000,000 for each of the fiscal years 1999 through 2003. ``(b) Task Force.--From amounts appropriate for a fiscal year under subsection (a), the Secretary may use not to exceed $2,000,000 of such amounts for the operations of the National Task Force under section 399G(d). ``SEC. 399J. SUNSET PROVISION. ``This part shall not apply on the date that is 7 years after the date on which all members of the national task force have been appointed under section 399G(d)(1).''.
Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a comprehensive Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effect (FAE) prevention, intervention, and services delivery program. Authorizes the Secretary to award grants, cooperative agreements, and technical assistance to eligible State, tribal, and local governments, scientific or academic institutions, and nonprofit organizations to carry out such activities. Directs the Secretary to establish a National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect to: (1) foster coordination among governmental agencies, academic bodies, and community groups that support FAS and FAE research, programs, and surveillance and otherwise meet the needs of populations actually or potentially impacted by FAS and FAE; and (2) advise Federal, State, and local programs and research concerning FAS and FAE. Authorizes appropriations for FY 1999 through 2003. Terminates application of this Act seven years after the date on which all Task Force members have been appointed.
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SECTION 1. CAMPUS-BASED CHILD CARE. Subpart 8 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070f) is amended by adding at the end the following: ``SEC. 420C. CAMPUS-BASED CHILD CARE. ``(a) Short Title.--This section may be cited as the `Child Care Access Means Parents in School Act'. ``(b) Findings.--Congress finds that-- ``(1) earning potential increases significantly when individuals attend college for any period of time; ``(2) public assistance recipients who complete college are more likely to leave public assistance permanently; ``(3) students who are parents and receive campus-based child care are more likely to remain in school, and to graduate more rapidly and at a higher rate than students who are parents and do not receive campus-based child care; ``(4) students who are parents rate access to campus-based child care programs as an important factor affecting their college enrollment; ``(5) children placed in high quality child care programs exhibit significant positive results from the experience, including-- ``(A) higher earnings as adults; ``(B) higher rates of secondary school graduation; ``(C) lower rates of retention in grade level; ``(D) lower rates of teenage pregnancy; and ``(E) reduced need for special education or social services; ``(6) the public saves $7 for every $1 invested in quality child care; and ``(7) campus-based child care programs may have an increasingly difficult time accessing Federal child care funds under the structure of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105). ``(c) Purpose.--The purpose of this section is to support the participation of low-income parents in postsecondary education through the provision of campus-based child care services. ``(d) Program Authorized.-- ``(1) Authority.--The Secretary may award grants to institutions of higher education to assist the institutions in providing campus-based child care services to low-income students. ``(2) Amount of grants.-- ``(A) In general.--The amount of a grant awarded to an institution of higher education under this section for a fiscal year shall not exceed 1 percent of the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year. ``(B) Minimum.--A grant under this section shall be awarded in an amount that is not less than $10,000. ``(3) Duration; renewal; and payments.-- ``(A) Duration.--The Secretary shall award a grant under this section for a period of 3 years. ``(B) Renewal.--A grant under this section may be renewed for a period of 3 years. ``(C) Payments.--Subject to subsection (f)(2), the Secretary shall make annual grant payments under this section. ``(4) Eligible institutions.--An institution of higher education shall be eligible to receive a grant under this section for a fiscal year if the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year equals or exceeds $1,000,000. ``(5) Use of funds.--Grant funds under this section shall be used by an institution of higher education to support or establish a campus-based child care program serving the needs of low-income students enrolled at the institution of higher education. ``(6) Construction.--Nothing in this section shall be construed to prohibit an institution of higher education that receives grant funds under this section from serving the child care needs of the community served by the institution. ``(7) Definition of low-income student.--For the purpose of this section, the term ``low-income student'' means a student who is eligible to receive a Federal Pell Grant for the fiscal year for which the determination is made. ``(e) Applications.--An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- ``(1) demonstrate that the institution is an eligible institution described in subsection (d)(4); ``(2) specify the amount of funds requested; ``(3) demonstrate the need of low-income students at the institution for campus-based child care services by including in the application student demographics and other relevant data; ``(4) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program; ``(5) identify the resources the institution will draw upon to support the child care program and the participation of low- income students in the program, such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who are not low-income students, and accessing foundation, corporate or other institutional support, and demonstrate that the use of the resources will not result in increases in student tuition; ``(6) contain an assurance that the institution will meet the child care needs of low-income students through the provision of services, or through a contract for the provision of services; ``(7) in the case of an institution seeking assistance for a new child care program-- ``(A) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing low-income students with child care services; ``(B) specify any measures the institution will take to assist low-income students with child care during the period before the institution provides child care services; and ``(C) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary; ``(8) contain an assurance that any child care facility assisted under this section will meet the applicable State or local government licensing, certification, approval, or registration requirements; and ``(9) contain a plan for any child care facility assisted under this section to become accredited within 3 years of the date the institution first receives assistance under this section. ``(f) Reporting Requirements; Continuing Eligibility.-- ``(1) Reporting requirements.-- ``(A) Reports.--Each institution of higher education receiving a grant under this section shall report to the Secretary 18 months and 36 months after receiving the first grant payment under this section. ``(B) Contents.--The report shall include-- ``(i) data on the population served under this section; ``(ii) information on campus and community resources and funding used to help low-income students access child care services; ``(iii) information on progress made toward accreditation of any child care facility; and ``(iv) information on the impact of the grant on the quality, availability, and affordability of campus-based child care services. ``(2) Continuing eligibility.--The Secretary shall make the third annual grant payment under this section to an institution of higher education only if the Secretary determines, on the basis of the 18-month report submitted under paragraph (1), that the institution is making a good faith effort to ensure that low-income students at the institution have access to affordable, quality child care services. ``(g) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for fiscal year 1998 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this section.''.
Child Care Access Means Parents in School Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to assist institutions of higher education in providing campus-based child care services to low-income students. Authorizes appropriations.
{"src": "billsum_train", "title": "Child Care Access Means Parents in School Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Enhancement for Local Public Safety Retirees Act of 2005'' or the ``HELPS Retirees Act of 2005''. SEC. 2. DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE FOR PUBLIC SAFETY OFFICERS. (a) In General.--Section 402 of the Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new subsection: ``(l) Distributions From Governmental Plans for Health and Long- Term Care Insurance.-- ``(1) In general.--In the case of an employee who is an eligible retired public safety officer who makes the election described in paragraph (6) with respect to any taxable year of such employee, gross income of such employee for such taxable year does not include any distribution from an eligible retirement plan to the extent that the aggregate amount of such distributions does not exceed the amount paid by such employee for qualified health insurance premiums of the employee, his spouse, or dependents (as defined in section 152) for such taxable year. ``(2) Limitation.--The amount which may be excluded from gross income for the taxable year by reason of paragraph (1) shall not exceed $5,000. ``(3) Distributions must otherwise be includible.-- ``(A) In general.--An amount shall be treated as a distribution for purposes of paragraph (1) only to the extent that such amount would be includible in gross income without regard to paragraph (1). ``(B) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of subparagraph (A), the aggregate amounts distributed from an eligible retirement plan in a taxable year shall be treated as includible in gross income (without regard to subparagraph (A)) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Definitions.--For purposes of this subsection-- ``(A) Eligible retirement plan.--For purposes of paragraph (1), the term `eligible retirement plan' means a governmental plan (within the meaning of section 414(d)) which is described in clause (iii), (iv), (v), or (vi) of subsection (c)(8)(B). ``(B) Eligible retired public safety officer.--The term `eligible retired public safety officer' means an individual who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer with the employer who maintains the eligible retirement plan from which distributions subject to paragraph (1) are made. ``(C) Public safety officer.--The term `public safety officer' shall have the same meaning given such term by section 1204(8)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(8)(A)). ``(D) Qualified health insurance premiums.--The term `qualified health insurance premiums' means premiums for coverage for the eligible retired public safety officer, his spouse, and dependents, by an accident or health insurance plan or qualified long- term care insurance contract (as defined in section 7702B(b)). ``(5) Special rules.--For purposes of this subsection-- ``(A) Direct payment to insurer required.-- Paragraph (1) shall only apply to a distribution if payment of the premiums is made directly to the provider of the accident or health insurance plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan. ``(B) Related plans treated as 1.--All eligible retirement plans of an employer shall be treated as a single plan. ``(6) Election described.-- ``(A) In general.--For purposes of paragraph (1), an election is described in this paragraph if the election is made by an employee after separation from service with respect to amounts not distributed from an eligible retirement plan to have amounts from such plan distributed in order to pay for qualified health insurance premiums. ``(B) Special rule.--A plan shall not be treated as violating the requirements of section 401, or as engaging in a prohibited transaction for purposes of section 503(b), merely because it provides for an election with respect to amounts that are otherwise distributable under the plan or merely because of a distribution made pursuant to an election described in subparagraph (A). ``(7) Coordination with medical expense deduction.--The amounts excluded from gross income under paragraph (1) shall not be taken into account under section 213. ``(8) Coordination with deduction for health insurance costs of self-employed individuals.--The amounts excluded from gross income under paragraph (1) shall not be taken into account under section 162(l).''. (b) Conforming Amendments.-- (1) Section 403(a) of such Code (relating to taxability of beneficiary under a qualified annuity plan) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (2) Section 403(b) of such Code (relating to taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (3) Section 457(a) of such Code (relating to year of inclusion in gross income) is amended by adding at the end the following new paragraph: ``(3) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.''. (c) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2004.
Healthcare Enhancement for Local Public Safety Retirees Act of 2005 or the HELPS Retirees Act of 2005 - Amends the Internal Revenue Code to allow retired public safety officers to elect an annual exclusion from gross income up to $5,000 for distributions from governmental retirement plans for the payment of accident or health insurance or long-term care insurance.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit tax-free distributions from governmental retirement plans for premiums for health and long-term care insurance for public safety officers."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Underground Railroad Freedom Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the National Underground Railroad Freedom Center (hereinafter ``Freedom Center'') is a nonprofit organization incorporated under the laws of the State of Ohio in 1995; (2) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (3) the City of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (4) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (5) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act. (b) Purposes.--The purposes of this Act are-- (1) to promote preservation and public awareness of the history of the Underground Railroad; (2) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (3) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l and following). SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Project budget.--The term ``project budget'' means the total amount of funds expended by the Freedom Center on construction of its facility, development of its programs and exhibits, research, collection of informative and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center, prior to the opening of the Freedom Center facility in Cincinnati, Ohio. (3) Federal share.--The term ``Federal share'' means an amount not to exceed 20 percent of the project budget and shall include all amounts received from the Federal Government under this legislation and any other Federal programs. (4) Non-federal share.--The term ``non-Federal share'' means all amounts obtained by the Freedom Center for the implementation of its facilities and programs from any source other than the Federal Government, and shall not be less than 80 percent of the project budget. (5) The freedom center facility.--The term ``the Freedom Center facility'' means the facility, including the building and surrounding site, which will house the museum and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in section 4(c). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Program Authorized.--From sums appropriated pursuant to the authority of subsection (d) in any fiscal year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the Federal share of the cost of authorized activities described in section 5. (b) Expenditure on Non-Federal Property.--The Secretary is authorized to expend appropriated funds under subsection (a) of this section to assist in the construction of the Freedom Center facility and the development of programs and exhibits for that facility which will be funded primarily through private and non-Federal funds, on property owned by the City of Cincinnati, Hamilton County, and the State of Ohio. (c) Description of the Freedom Center Facility Site.--The facility referred to in subsections (a) and (b) will be located on a site described as follows: a 2-block area south of new South Second, west of Walnut Street, north of relocated Theodore M. Berry Way, and east of Vine Street in Cincinnati, Ohio. (d) Authorization of Appropriations.--There are authorized to be appropriated $16,000,000 for the 4 fiscal year period beginning October 1, 1999. Funds not to exceed that total amount may be appropriated in one or more of such fiscal years. Funds shall not be disbursed until the Freedom Center has commitments for a minimum of 50 percent of the non-Federal share. (e) Availability of Funds.--Notwithstanding any other provision of law, funds appropriated to carry out the provisions of this Act shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which the funds were appropriated. (f) Other Provisions.--Any grant made under this Act shall provide that-- (1) no change or alteration may be made in the Freedom Center facility except with the agreement of the property owner and the Secretary; (2) the Secretary shall have the right of access at reasonable times to the public portions of the Freedom Center facility for interpretive and other purposes; and (3) conversion, use, or disposal of the Freedom Center facility for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation equal to the greater of-- (A) all Federal funds made available to the grantee under this Act; or (B) the proportion of the increased value of the Freedom Center facility attributable to such funds, as determined at the time of such conversion, use, or disposal. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--The Freedom Center may engage in any activity related to its objectives addressed in section 2(a), including, but not limited to, construction of the Freedom Center facility, development of programs and exhibits related to the history of the Underground Railroad, research, collection of information and artifacts and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center. (b) Priorities.--The Freedom Center shall give priority to-- (1) construction of the Freedom Center facility; (2) development of programs and exhibits to be presented in or from the Freedom Center facility; and (3) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 6. APPLICATION. (a) In General.--The Freedom Center shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each application shall-- (1) describe the activities for which assistance is sought; (2) provide assurances that the non-Federal share of the cost of activities of the Freedom Center shall be paid from non-Federal sources, together with an accounting of costs expended by the Freedom Center to date, a budget of costs to be incurred prior to the opening of the Freedom Center facility, an accounting of funds raised to date, both Federal and non- Federal, and a projection of funds to be raised through the completion of the Freedom Center facility. (b) Approval.--The Secretary shall approve the application submitted pursuant to subsection (a) unless such application fails to comply with the provisions of this Act. SEC. 7. REPORTS. The Freedom Center shall submit an annual report to the appropriate committees of the Congress not later than January 31, 2000, and each succeeding year thereafter for any fiscal year in which Federal funds are expended pursuant to this Act. The report shall-- (1) include a financial statement addressing the Freedom Center's costs incurred to date and projected costs, and funds raised to date and projected fundraising goals; (2) include a comprehensive and detailed description of the Freedom Center's activities for the preceding and succeeding fiscal years; and (3) include a description of the activities taken to assure compliance with this Act. SEC. 8. AMENDMENT TO THE NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM ACT OF 1998. The National Underground Railroad Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l and following) is amended by adding at the end the following: ``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES. ``(a) Authority to Make Grants.--The Secretary of the Interior may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network. ``(b) Grant Conditions.--Any grant made under this section shall provide that-- ``(1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary; ``(2) the Secretary shall have the right of access at reasonable times to the public portions of such property for interpretive and other purposes; and ``(3) conversion, use, or disposal of such property for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this Act. ``(c) Matching Requirement.--The Secretary may obligate funds made available for a grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the Secretary determines that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources. ``(d) Funding.--There are authorized to be appropriated to the Secretary for purposes of this section $2,500,000 for fiscal year 2001 and each subsequent fiscal year. Amounts authorized but not appropriated in a fiscal year shall be available for appropriation in subsequent fiscal years.''.
Authorizes appropriations.Requires annual reports from the Center to Congress.Amends the National Underground Railroad Network to Freedom Act of 1998 to authorize the Secretary to make grants for the preservation and restoration of historic buildings or structures associated with the Underground Railroad and related research and documentation to sites, programs, or facilities that have been included in the national underground railroad network. Provides a matching funds requirement. Authorizes appropriations.
{"src": "billsum_train", "title": "National Underground Railroad Freedom Center Act"}
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SECTION 1. EXTENDING AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL YEARS 1998 THROUGH 2001. (a) Retained and Redistributed Allotments for Fiscal Years 1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each amended by striking ``fiscal year 2002'' and inserting ``fiscal year 2004''. (b) Extension and Revision of Retained and Redistributed Allotments for Fiscal Year 2000.-- (1) Permitting and extending retention of portion of fiscal year 2000 allotment.--Paragraph (2) of such section 2104(g) is amended-- (A) in the heading, by striking ``and 1999'' and inserting ``through 2000''; and (B) by adding at the end of subparagraph (A) the following: ``(iii) Fiscal year 2000 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2004.''. (2) Redistributed allotments.--Paragraph (1) of such section 2104(g) is amended-- (A) in subparagraph (A), by inserting ``or for fiscal year 2000 by the end of fiscal year 2002,'' after ``fiscal year 2001,''; (B) in subparagraph (A), by striking ``1998 or 1999'' and inserting ``1998, 1999, or 2000''; (C) in subparagraph (A)(i)-- (i) by striking ``or'' at the end of subclause (I), (ii) by striking the period at the end of subclause (II) and inserting ``; or''; and (iii) by adding at the end the following new subclause: ``(III) the fiscal year 2000 allotment, the amount specified in subparagraph (C)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (C)(ii) for the State to the amount specified in subparagraph (C)(iii).''; (D) in subparagraph (A)(ii), by striking ``or 1999'' and inserting ``, 1999, or 2000''; (E) in subparagraph (B), by striking ``with respect to fiscal year 1998 or 1999''; (F) in subparagraph (B)(ii)-- (i) by inserting ``with respect to fiscal year 1998, 1999, or 2000,'' after ``subsection (e),''; and (ii) by striking ``2002'' and inserting ``2004''; and (G) by adding at the end the following new subparagraph: ``(C) Amounts used in computing redistributions for fiscal year 2000.--For purposes of subparagraph (A)(i)(III)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2000, less the total amount remaining available pursuant to paragraph (2)(A)(iii); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2000, 2001, and 2002 exceed the State's allotment for fiscal year 2000 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2000, of the amounts specified in clause (ii).''. (3) Conforming amendments.--Such section 2104(g) is further amended-- (A) in its heading, by striking ``and 1999'' and inserting ``, 1999, and 2000''; and (B) in paragraph (3)-- (i) by striking ``or fiscal year 1999'' and inserting ``, fiscal year 1999, or fiscal year 2000''; and (ii) by striking ``or November 30, 2001'' and inserting ``November 30, 2001, or November 30, 2002'', respectively. (c) Extension and Revision of Retained and Redistributed Allotments for Fiscal Year 2001.-- (1) Permitting and extending retention of portion of fiscal year 2001 allotment.--Paragraph (2) of such section 2104(g), as amended in subsection (b)(1)(B), is further amended-- (A) in the heading, by striking ``2000'' and inserting ``2001''; and (B) by adding at the end of subparagraph (A) the following: ``(iv) Fiscal year 2001 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2001 that were not expended by the State by the end of fiscal year 2003, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2005.''. (2) Redistributed allotments.--Paragraph (1) of such section 2104(g), as amended in subsection (b)(2), is further amended-- (A) in subparagraph (A), by inserting ``or for fiscal year 2001 by the end of fiscal year 2003,'' after ``fiscal year 2002,''; (B) in subparagraph (A), by striking ``1999, or 2000'' and inserting ``1999, 2000, or 2001''; (C) in subparagraph (A)(i)-- (i) by striking ``or'' at the end of subclause (II), (ii) by striking the period at the end of subclause (III) and inserting ``; or''; and (iii) by adding at the end the following new subclause: ``(IV) the fiscal year 2001 allotment, the amount specified in subparagraph (D)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (D)(ii) for the State to the amount specified in subparagraph (D)(iii).''; (D) in subparagraph (A)(ii), by striking ``or 2000'' and inserting ``2000, or 2001''; (E) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following new clause: ``(iii) notwithstanding subsection (e), with respect to fiscal year 2001, shall remain available for expenditure by the State through the end of fiscal year 2005; and''; and (F) by adding at the end the following new subparagraph: ``(D) Amounts used in computing redistributions for fiscal year 2001.--For purposes of subparagraph (A)(i)(IV)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2001, less the total amount remaining available pursuant to paragraph (2)(A)(iv); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2001, 2002, and 2003 exceed the State's allotment for fiscal year 2001 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2001, of the amounts specified in clause (ii).''. (3) Conforming amendments.--Such section 2104(g) is further amended-- (A) in its heading, by striking ``and 2000'' and inserting ``2000, and 2001''; and (B) in paragraph (3)-- (i) by striking ``or fiscal year 2000'' and inserting ``fiscal year 2000, or fiscal year 2001''; and (ii) by striking ``or November 30, 2002,'' and inserting ``November 30, 2002, or November 30, 2003,'', respectively. (d) Effective Date.--This section, and the amendments made by this section, shall be effective as if this section had been enacted on September 30, 2002, and amounts under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) from allotments for fiscal years 1998 through 2000 are available for expenditure on and after October 1, 2002, under the amendments made by this section as if this section had been enacted on September 30, 2002. Passed the House of Representatives June 26, 2003. Attest: JEFF TRANDAHL, Clerk.
Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively.
{"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program (SCHIP)."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunger Has a Cure Act of 1997''. SEC. 2. STANDARD DEDUCTION. Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) is amended by adding at the end the following: ``Such standard deductions shall be adjusted on October 1, 2001, and each October 1 thereafter to the nearest lower dollar increment to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for items other than food for the 12-month period ending on June 30 preceding the date of the adjustment.''. SEC. 3. EXCESS SHELTER DEDUCTION. Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(7)) is amended-- (1) in clause (ii) by striking ``1998'' and inserting ``1997'', (2) in clause (iii) by striking ``1999 and 2000'' and inserting ``1998 and 1999'', and (3) in clause (iv) by striking ``year 2001 and each subsequent fiscal year'' and inserting ``years 2000 and 2001''. SEC. 4. VEHICLE ALLOWANCE. Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended-- (1) by moving the left margin of paragraph (2), and of each designated subdivision of such paragraph, 2 ems to the left; and (2) in paragraph (2)(B)(iv)-- (A) by striking ``and'' the first place it appears; and (B) by inserting before the semicolon the following: ``, and $5,000 beginning on October 1, 1997, and as adjusted on each October 1 thereafter, to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of the adjustment, and rounded to the nearest $50''. SEC. 5. WORK REQUIREMENTS. (a) In General.--Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (1)(C) by striking ``, other than a job search program or job search training program'', and (2) in paragraph (2)-- (A) by striking ``preceding 36-month period'' and all that follows through ``3 months'', and inserting ``preceding 12-month period, the individual received food stamp benefits for not less than 6 months'', and (B) in subparagraph (D) by inserting before the period at the end the following: ``or is not offered an opportunity to participate in a program that allows an individual to satisfy the requirements of subparagraph (B) or (C)''. (b) Enhanced Employment and Training Program.--Section 16(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended-- (1) in subparagraph (D) by striking ``through (C)'' and inserting ``through (D)'', (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively, (3) by inserting after subparagraph (A) the following: ``(B) To carry out employment and training programs, and in addition to amounts reserved under subparagraph (A), the Secretary shall reserve $100,000,000 for each of the fiscal years 1998 through 2002 for allocation to State agencies from funds made available under section 18(a)(1) for such fiscal years.'', and (4) in subparagraph (C), as so redesignated-- (i) by inserting ``(i)'' after ``Alloca-tion--''; (ii) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (B)'', and (iii) by inserting before the period at the end the following: ``who are ineligible under section 6(o)(2) to receive food stamp benefits. ``(ii) To be eligible to receive funds allocated under subparagraph (B) for a fiscal year, the State agency shall agree to expend for such fiscal year, to provide to individuals who compose such population opportunities to participate in programs that allow such individuals to satisfy the requirements of subparagraph (B) or (C) of section 6(o)(2)-- ``(I) the funds the State agency receives from funds allocated under subparagraph (B); and ``(II) of the funds the State agency receives from funds allocated under subparagraph (A) for such fiscal year, an amount that is not less than the amount the State agency received under subparagraph (A)(i) and expended for the benefit of similar individuals, as determined by the Secretary.''. SEC. 6. LEGAL IMMIGRANTS. (a) Protecting Elderly and Child Legal Immigrants Who Have Been in the United States for at Least 5 Years, and Legal Immigrants Who Become Disabled After Entry.-- (1) Eligibility for food stamp benefits.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following: ``(E) Legal immigrants becoming disabled after entering the united states.--In the case of the program specified in paragraph (3)(B), paragraph (1) shall not apply to a qualified alien who becomes disabled after the date of entry of such immigrant into the United States. ``(F) Legal immigrant children and elderly individuals.--In the case of the program specified in paragraph (3)(B), paragraph (1) shall not apply to a qualified alien who is under 18 years of age or over 75 years of age and who has been a legal permanent resident of the United States for not less than 5 years.''. (2) Eligibility limitation.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Legal immigrants who become disabled after entering the united states and seek food assistance.--In the case of the program specified in section 402(a)(3)(B), a qualified alien who becomes disabled after the date of entry of such alien into the United States.''. (b) Protecting Refugees and Asylees During Their First 7 Years in the United States.--Section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended by inserting ``(or 7 years in the case of the program specified in paragraph (3)(B))'' after ``5 years''. (c) Repealing Deeming Requirements and Protecting Legal Immigrants Who Become Disabled After Entry.-- (1) Generic rules.--Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(a)) is amended by inserting ``(except in the case of the program specified in section 402(a)(3)(B))'' after ``of law''. (2) Food stamp act of 1977.-- (A) Section 5(i) of the Food Stamp Act of 1977 (7 U.S.C. 2014(i)) is repealed. (B) The amendment made by subparagraph (A) shall not apply with respect to any alien who entered the United States before August 22, 1996. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that $45,000,000 should be appropriated for fiscal year 1998 under section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1) to assist in the provision of short-term emergency food assistance to low-income individuals in need and to continue the efficient distribution of commodities under such Act. SEC. 8. SENSE OF THE CONGRESS REGARDING FULL FUNDING FOR SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. It is the sense of the Congress that-- (1) the Congress should include in any supplemental appropriations bill for fiscal year 1997 a provision appropriating not less than $76,000,000 for the special supplemental nutrition program for women, infants, and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) in order to meet the expected year-end caseload of approximately 7,400,000 participants; and (2) the Congress should appropriate not less $4,008,000,000 for fiscal year 1998 for the special supplemental nutrition program for women, infants, and children (WIC) under section 17 of such Act in order to allow the expected year-end caseload in such program to increase to 7,500,000 participants. SEC. 9. ADEQUATE FUNDING FOR SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) In General.--Section 13(b)(1)(B)(i) of the National School Lunch Act (42 U.S.C. 1761(b)(1)(B)(i)) is amended by striking ``$1.97'' and inserting ``$2.23''. SEC. 10. OUTREACH AND START-UP FUNDING FOR SCHOOL BREAKFAST AND SUMMER FEEDING PROGRAMS. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following: ``(f) Expansion of Program.--(1)(A) As a national nutrition and health policy, it is the purpose and intent of the Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. ``(B) In cooperation with State educational agencies, the Secretary shall promote the school breakfast program by-- ``(i) marketing the program in a manner that expands participation in the program by schools and students; and ``(ii) improving public education and outreach efforts in language appropriate materials that enhance the public image of the program. ``(C) As used in this paragraph, the term `language appropriate materials' means materials using a language other than the English language in a case in which the language is dominant for a large percentage of individuals participating in the program. ``(2)(A) Each State educational agency-- ``(i) shall provide information to school boards and public officials concerning the benefits and availability of the school breakfast program; and ``(ii) shall select each year, for additional informational efforts concerning the program, schools in the State-- ``(I) in which a substantial portion of school enrollment consists of children from low-income families; and ``(II) that do not participate in the school breakfast program. ``(B) Not later than October 1, 2000, the Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the efforts of the Secretary and the States to increase the participation of schools in the program. ``(g) Startup and Expansion Costs.--(1) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $5,000,000 for fiscal year 1999 and each subsequent fiscal year to make payments under this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds. The Secretary shall use the funds to make payments on a competitive basis and in the following order of priority (subject to other provisions of this subsection), to-- ``(A) State educational agencies in a substantial number of States for distribution to eligible schools to assist the schools with nonrecurring expenses incurred in-- ``(i) initiating a school breakfast program under this section; or ``(ii) expanding a school breakfast program; and ``(B) a substantial number of States for distribution to service institutions to assist the institutions with nonrecurring expenses incurred in-- ``(i) initiating a summer food service program for children; or ``(ii) expanding a summer food service program for children. ``(2) Payments received under this subsection shall be in addition in payments to which State agencies are entitled under subsection (b) of this section and section 13 of the National School Lunch Act (42 U.S.C. 1761). ``(3) To be eligible to receive a payment under this subsection, a State educational agency shall submit to the Secretary a plan to initiate or expand school breakfast programs conducted in the State, including a description of the manner in which the agency will provide technical assistance and funding to schools in the State to initiate or expand the programs. ``(4) In making payments under this subsection for any fiscal year to initiate or expand school breakfast programs, the Secretary shall provide a preference to State educational agencies that-- ``(A) have in effect a State law that requires the expansion of the programs during the year; ``(B) have significant public or private resources that have been assembled to carry out the expansion of the programs during the year; ``(C) do not have a school breakfast program available to a large number of low-income children in the State; or ``(D) serve an unmet need among low-income children, as determined by the Secretary. ``(5) In making payments under this subsection for any fiscal year to initiate or expand summer food service programs for children, the Secretary shall provide a preference to States-- ``(A)(i) in which the numbers of children participating in the summer food service program for children represent the lowest percentages of the number of children receiving free or reduced price meals under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); or ``(ii) that do not have a summer food service program for children available to a large number of low-income children in the State; and ``(B) that submit to the Secretary a plan to expand the summer food service programs for children conducted in the State, including a description of-- ``(i) the manner in which the State will provide technical assistance and funding to service institutions in the State to expand the programs; and ``(ii) significant public or private resources that have been assembled to carry out the expansion of the programs during the year. ``(6) The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency or State under this subsection that are not used by the agency or State within a reasonable period (as determined by the Secretary). ``(7) The Secretary shall allow States to apply on an annual basis for assistance under this subsection. ``(8) Each State agency and State, in allocating funds within the State, shall give preference for assistance under this subsection to eligible schools and service institutions that demonstrate the greatest need for a school breakfast program or a summer food service program for children, respectively. ``(9) Expenditures for funds from State and local sources for the maintenance of the school breakfast program and the summer food service program for children shall not be diminished as a result of payments received under this subsection. ``(10) As used in this section: ``(A) The term `eligible school' means a school-- ``(i) attended by children a significant percentage of whom are members of low-income families; ``(ii)(I) as used with respect to a school breakfast program, that agrees to operate the school breakfast program established or expanded with the assistance provided under this subsection for a period of not less than 3 years; and ``(II) as used with respect to a summer food service program for children, that agrees to operate the summer food service program for children established or expanded with the assistance provided under this subsection for a period of not less than 3 years. ``(B) The term `service institution' means an institution or organization described in paragraph (1)(B) or (7) of section 13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B) or (7)). ``(C) The term `summer food service program for children' means a program authorized by section 13 of such Act (42 U.S.C. 1761).''. SEC. 11. RESTORATION OF ``FOURTH MEAL'' UNDER CHILD AND ADULT CARE FOOD PROGRAM. Section 17(f)(2)(B) of the National School Lunch Act (42 U.S.C. 1766(f)(2)(B)) is amended by striking ``two meals and one supplement'' and inserting ``two meals and two supplements or three meals and one supplement''.
Hunger Has a Cure Act of 1997 - Amends the Food Stamp Act of 1977 to provide for an annual price-indexed standard deduction adjustment (as of FY 2001). (Sec. 3) Revises maximum excess shelter deduction amounts and authorizes such amounts through FY 2001 (currently permanent). (Sec. 4) Provides for an annual price-indexed vehicle allowance adjustment. (Sec. 5) Revises work requirement provisions. Directs the Secretary of Agriculture to reserve specified amounts for FY 1998 through 2002 employment and training programs. (Sec. 6) Amends the Personal Responsibility and Work Opportunity Act of 1996 to make legal immigrants who became disabled after U.S. entry and certain elderly and under-18 years of age legal immigrants eligible for the food stamp program (program). Extends program eligibility for refugees and asylees from five years to seven years. Repeals specified program attribution of (alien) sponsor income provisions. (Sec. 7) Expresses the sense of the Congress that: (1) specified funds under the Emergency Food Assistance Act of 1983 should be appropriated to provide FY 1998 short-term emergency food assistance; and (2) FY 1997 and 1998 appropriations for the special supplemental nutrition program for women, infants, and children (WIC) should meet case load demands. (Sec. 9) Amends the National School Lunch Act to: (1) increase lunch and supper reimbursement rates for the summer food service program for children; and (2) increase the number of meals and-or supplements available under the child and adult food care program. (Sec. 10) Amends the Child Nutrition Act of 1966 to direct the Secretary to carry out school breakfast and summer feeding program outreach activities. Obligates specified Treasury funds for State start-up and expansion costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Education, Treatment, and Hope Act of 2010''. SEC. 2. ENHANCING HEALTH CARE PROVIDER AWARENESS OF METHAMPHETAMINE ADDICTION. Section 507(b) of the Public Health Service Act (42 U.S.C. 290bb(b)) is amended-- (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (2) by inserting after paragraph (12) the following: ``(13) collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to-- ``(A) recognize the signs of a substance abuse disorder; and ``(B) apply evidence-based practices for screening and treating individuals with or at-risk for developing an addiction, including addiction to methamphetamine or other drugs;''. SEC. 3. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``postpartum women treatment for substance abuse'' and inserting ``parenting women treatment for substance abuse (including treatment for addiction to methamphetamine)''; (B) in paragraph (1), by striking ``reside in'' and inserting ``reside in or receive outpatient treatment services from''; and (C) in paragraph (2), by striking ``the minor children of the women reside with the women in such facilities'' and inserting ``the minor children of the women who reside in such facilities reside with such women''; (2) in subsection (d), by amending paragraph (2) to read as follows: ``(2) Referrals for necessary hospital and dental services.''; (3) by amending subsection (m) to read as follows: ``(m) Allocation of Awards.--In making awards under subsection (a), the Director shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Director to have a shortage of family-based substance abuse treatment options; and ``(2) is determined by the Director to have high rates of addiction to methamphetamine or other drugs.''; (4) in subsection (p)-- (A) by striking ``October 1, 1994'' and inserting ``one year after the date of the enactment of the Methamphetamine Education, Treatment, and Hope Act of 2010''; (B) by inserting ``In submitting reports under this subsection, the Director may use data collected under this section or other provisions of law, insofar as such data is used in a manner consistent with all Federal privacy laws applicable to the use of data collected under this section or other provision, respectively.'' after ``biennial report under section 501(k).''; and (C) by striking ``Each report under this subsection shall include'' and all that follows and inserting ``Each report under this subsection shall, with respect to the period for which the report is prepared, include the following: ``(1) A summary of any evaluations conducted under subsection (o). ``(2) Data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse. Such data shall include, but not be limited to, the number of pregnant and parenting women in need of, but not receiving, treatment for methamphetamine abuse, disaggregated by State and tribe. ``(3) Data on recovery and relapse rates of women receiving treatment for substance abuse under programs carried out pursuant to this section, including data disaggregated with respect to treatment for methamphetamine abuse.''; (5) by redesignating subsections (q) and (r) as subsections (r) and (s), respectively; (6) by inserting after subsection (p) the following: ``(q) Methamphetamine Addiction.--In carrying out this section, the Director shall expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs.''; and (7) in subsection (s) (as so redesignated), by striking ``such sums as may be necessary to fiscal years 2001 through 2003'' and inserting ``$16,000,000 for fiscal year 2012, $16,500,000 for fiscal year 2013, $17,000,000 for fiscal year 2014, $17,500,000 for fiscal year 2015, and $18,000,000 for fiscal year 2016''. SEC. 4. WORKPLACE INFORMATION CLEARINGHOUSE. Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb- 21(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) by redesignating paragraph (11) as paragraph (13); and (3) by inserting after paragraph (10) the following new paragraph: ``(11) maintain a clearinghouse that provides information and educational materials to employers and employees about comprehensive drug-free workplace programs and substance abuse prevention and treatment resources;''. SEC. 5. YOUTH INVOLVEMENT IN PREVENTION STRATEGIES. Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb- 21(b)), as amended by section 4, is further amended by inserting after paragraph (11) the following new paragraph: ``(12) support the involvement of youth in the development and implementation of prevention strategies focused on youth, with regard to methamphetamine and other drugs; and''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk.
Methamphetamine Education, Treatment, and Hope Act of 2010 - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment to collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to: (1) recognize the signs of a substance abuse disorder; and (2) apply evidence-based practices for screening and treating individuals with, or at-risk for developing, an addiction. Revises provisions governing a grant program for substance abuse residential treatment for pregnant and parenting women (currently, for postpartum women), to include treatment for addiction to methamphetamine, outpatient treatment services, and referrals for dental services. Requires the Director to give grant priority to a program serving an area that: (1) is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; and (2) has high rates of addiction to methamphetamine or other drugs. Revises requirements for biennial reports to Congress to require such reports to include: (1) data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse; and (2) data on recovery and relapse rates of women receiving treatment for substance abuse under the grant program. Requires the Director to expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs. Requires the Director of the Office for Substance Abuse Prevention to: (1) maintain a clearinghouse that provides information and educational materials to employers and employees about comprehensive drug-free workplace programs and substance abuse prevention and treatment resources; and (2) support the involvement of youth in the development and implementation of prevention strategies focused on youth.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fairness Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coast line.--The term ``coast line'' means the line of ordinary low water along the portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, as in existence on the day that is 1 day before the date of enactment of this Act. (2) Existing interest.--The term ``existing interest'' means any lease, easement, right of use, or right-of-way on, or for any natural resources or minerals, underlying, expanded submerged land that is in existence on the date of conveyance of the expanded submerged land. (3) Expanded seaward boundary.--The term ``expanded seaward boundary'' means the boundary of a State that is 3 marine leagues seaward of the coast line of the State. (4) Expanded submerged land.--The term ``expanded submerged land'' means the area of the outer Continental Shelf that is located between the point that is 3 miles seaward of the coast line of a State and the point that is 3 marine leagues seaward of the coast line of the State. (5) Interest owner.--The term ``interest owner'' means any person holding an existing interest or a portion of an existing interest. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any of the States of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES. (a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended-- (1) by striking ``The'' at the beginning and inserting the following: ``(a) In General.--Except for the States described in subsection (b), the''; and (2) by adding at the end the following: ``(b) Seaward Boundaries of Certain Coastal States.--Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act: ``(1) Alabama. ``(2) Florida. ``(3) Georgia. ``(4) Louisiana. ``(5) Mississippi. ``(6) North Carolina. ``(7) South Carolina. ``(8) Virginia.''. (b) Conforming Amendments.--Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended-- (1) in subsection (a)(2), by inserting ``, or 3 marine leagues distant from the coast line of a State described in section 4(b),'' after ``the coast line of each such State''; and (2) in subsection (b)-- (A) by striking ``from the coast line''; (B) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three geographical miles''; and (C) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three marine leagues''. SEC. 4. CONVEYANCE. (a) In General.--Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act-- (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration.--On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State-- (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability.--As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from-- (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. SEC. 5. EFFECT. (a) In General.--Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged Land.--Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be-- (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (3) subject to-- (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (c) Existing Leases.-- (1) In general.--The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases.--If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future Interests.--This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation.-- (1) In general.--Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation.--Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. SEC. 6. JURISDICTION OF GULF COASTAL STATES WITH RESPECT TO GULF OF MEXICO RED SNAPPER. (a) Definitions.--In this section: (1) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given the term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (2) Gulf coastal state.--The term ``Gulf coastal State'' means the following States bordering the Gulf of Mexico: (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (b) Jurisdiction.--For purposes of management of Gulf of Mexico red snapper, on approval by each of the Gulf coastal States of a fishery management plan applicable to the Gulf coastal States that provides for the sustainability of Gulf of Mexico red snapper, the Gulf coastal States shall have exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable Gulf coastal State and extending through the exclusive economic zone. (c) National Oceanic and Atmospheric Administration.--The Administrator of the National Oceanic and Atmospheric Administration shall provide financial assistance to the Gulf coastal States for the conduct of any necessary stock assessments and data collection relating to Gulf of Mexico red snapper under subsection (b).
Offshore Fairness Act This bill amends the Submerged Lands Act to change the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia from a distance of three geographic miles from the coast line to a distance of three marine leagues. This change expands the offshore jurisdictions of those states. The Department of the Interior must convey the submerged land in the Outer Continental Shelf that is within this expanded area to a state upon request. After a conveyance, states are prohibited from imposing on that land: (1) burdens or requirements on an interest owner that would be stricter than federal burdens or requirements, or (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than the federal penalties or sanctions. The submerged land within the seaward boundaries of those states are subject to federal oil and gas mineral rights and are considered to be part of the federal Outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Alabama, Florida, Louisiana, Mississippi, and Texas are given exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable state and through the exclusive economic zone. The National Oceanic and Atmospheric Administration must provide financial assistance to those states for stock assessments and data collection relating to the Gulf of Mexico red snapper.
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SECTION 1. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an agricultural commodity for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Emergency Financial Assistance.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop (as elected by a producer), but not both crops, due to damaging weather or related condition, as determined by the Secretary. (c) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (d) Ineligibility for Assistance.--Except as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (e) Contract Waiver.--The Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (f) Effect of Violation.--In the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. (g) Payment Limitations.-- (1) Limit on amount of assistance.--Assistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. (3) Effect of florida disaster programs.--The amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance that the producer receives for the same loss under the Florida Disaster Programs carried out pursuant to the Farm Service Agency notice (DAP-203) released October 4, 2004. SEC. 2. LIVESTOCK ASSISTANCE PROGRAM. (a) Emergency Financial Assistance.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (c) Mitigation.--In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. SEC. 3. TREE ASSISTANCE PROGRAM. (a) Emergency Assistance.--The Secretary of Agriculture shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under sections 10201 through 10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree losses during the period beginning on December 1, 2003, and ending on December 31, 2004. (b) Additional Assistance.--In addition to providing assistance to eligible orchardists under the tree assistance program, the Secretary shall use an additional $15,000,000 of the funds of the Commodity Credit Corporation to provide reimbursement under section 10203 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8203) to eligible forest land owners who produce periodic crops of timber from trees for commercial purposes and who have suffered tree losses during the period specified in subsection (a). SEC. 4. EMERGENCY CONSERVATION PROGRAM. The Secretary of Agriculture shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.). Participants in the Emergency Conservation Program shall receive the maximum cost share percentage allowed under section 701.26 of title 7, Code of Federal Regulations. SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 6. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. OFFSET. Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the end the following: ``, using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014''.
Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth: (1) waiver provisions; and (2) payment limitations, including reductions for amounts received under the Florida Disaster Programs. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance to commercial orchardists and tree farmers who have suffered losses during the December 1, 2003 through December 31, 2004 period. Directs the Secretary to provide assistance to emergency conservation program participants. Amends the Food Security Act of 1985 to limit Commodity Credit Corporation amounts available for the conservation security program for FY 2005 through 2014.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (3) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.--After investigating a complaint under paragraph (1), if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the State or local official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.
Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice. Requires the Chief of the Section to be responsible for investigating and prosecuting violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief to consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law. Directs the Chief to refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Fraud Act of 2014''. SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED ENTITIES. Paragraph (15) of section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended to read as follows: ``(15) Individuals and entities affiliated with a sanctioned entity.--(A) Any of the following: ``(i) Any individual who-- ``(I) is a person with an ownership or control interest in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an ownership or control interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and ``(II) knows or should have known (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. ``(ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). ``(iii) Any affiliated entity of a sanctioned entity. ``(B) For purposes of this paragraph, the term `sanctioned entity' means an entity-- ``(i) that has been convicted of any offense described in subsection (a) of this section or in paragraph (1), (2), or (3) of this subsection; or ``(ii) that has been excluded from participation under a program under title XVIII or under a State health care program. ``(C) For purposes of subparagraph (A), the term `affiliated entity' means, with respect to a sanctioned entity, an entity that is (or was at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B)) affiliated with such sanctioned entity, and includes an entity-- ``(i) that is a person with an ownership or control interest in such sanctioned entity (or was such a person with respect to such sanctioned entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(ii) with respect to which a sanctioned entity is a person with an ownership or control interest in such entity (or was such a person with respect to such entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(iii) with respect to which a person with an ownership or control interest in such entity also has such an interest in such sanctioned entity; ``(iv) with respect to which a person who is an officer or managing employee (as defined in section 1126(b)) of such entity also is such an officer or managing employee of such sanctioned entity. ``(D) For purposes of this paragraph, the term `person with an ownership or control interest' has the meaning given such term in section 1124(a)(3).''. SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER NUMBERS. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(4) Whoever knowingly and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of two or more Medicare, Medicaid, or Children's Health Insurance Program beneficiary identification numbers or provider numbers under title XVIII, XIX, or XXI shall be imprisoned for not more than 15 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C AND D. (a) In General.--Section 1857(d) of the Social Security Act (42 U.S.C. 1395w-27(d)) is amended by adding at the end the following new paragraph: ``(7) Report on incidences of fraud and abuse.-- ``(A) In general.--A contract under this section with an MA organization offering an MA plan shall provide that such MA organization report to the Secretary (or to any person or organization designated by the Secretary for such purpose) any instances of probable fraud or abuse related to the payment or delivery of health benefits under such contract not later than 60 days after such organization identifies such instance. ``(B) Guidance.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services and the Attorney General, shall issue to MA organizations (and PDP sponsors) guidance for defining the terms `fraud' and `abuse' for purposes of subparagraph (A).''. (b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by inserting before the period at the end the following: ``, except in applying paragraph (7) of such section any reference to an MA organization, with respect to an MA plan, shall be deemed a reference to a PDP sponsor or MA organization, with respect to a prescription drug plan or MA-PD plan''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.
Fighting Medicare Fraud Act of 2014 - Amends title XI of the Social Security Act (SSA) with respect to the authority of the Secretary of Health and Human Services (HHS) to exclude from federal health programs certain individuals, including officers or managing employees, with an ownership or control interest in entities sanctioned for a criminal conviction relating to fraud, obstruction of an investigation or audit, or a misdemeanor related to a controlled substance. Extends the permissive exclusion from federal health programs to persons, including officers or managing employees, with an ownership or control interest in entities affiliated with a sanctioned entity. Includes individuals with such connections at the time of the conduct that formed a basis for the conviction or exclusion of the sanctioned entity or the affiliated entity. Establishes criminal penalties for anyone who knowingly and with intent to defraud purchases, sells, or distributes, or arranges for the purchase, sale, or distribution of two or more beneficiary identification or provider numbers under SSA titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance Program [CHIP]). Amends SSA title XVIII part C (Medicare+Choice) to require a contract with a Medicare Advantage (MA) organization offering an MA plan to require that the MA organization report to the Secretary any instances of probable fraud or abuse related to the payment or delivery of health benefits within 60 days after the organization identifies that instance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Midewin National Tallgrass Prairie Expansion Act of 2008''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION AND LAND CONVEYANCES INVOLVING JOLIET TRAINING AREA, ILLINOIS. (a) Findings.--Congress finds the following: (1) The Midewin National Tallgrass Prairie in Will County, State of Illinois, constitutes some of the last vestiges of natural prairie ecosystems in the United States, and its administration by the Secretary of Agriculture pursuant to the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 594) provides significant public benefits in resource conservation and protection, wildlife habitat, and public recreation. (2) The Joliet Training Area presently administered by the Secretary of the Army (in this section referred to as the ``JTA'') is adjacent to the Midewin National Tallgrass Prairie, but the JTA is no longer needed for military purposes. (3) The Illinois Land Conservation Act of 1995 requires the eventual incorporation of JTA into the Midewin National Tallgrass Prairie subject to meeting local land use needs as provided in such Act. (b) Map.--For purposes of this section, the JTA comprises those federally owned lands and interests in lands depicted on a map entitled ``Joliet Training Area Lands, April 2008'' (in this section referred to as the ``map''). The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Transfer of Jurisdiction.--Administrative jurisdiction over the JTA is hereby transferred, without consideration, from the Secretary of the Army to the Secretary of Agriculture. This transfer of administrative jurisdiction does not eliminate or reduce any obligation of the Secretary of the Army under the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) or this section. (d) Management.-- (1) Inclusion in midewin national tallgrass prairie.--The JTA lands transferred by subsection (c) shall be administered by the Secretary of Agriculture as part of the Midewin National Tallgrass Prairie in accordance with the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) and the laws and regulations pertaining to the National Forest System. (2) Management plan.--The Secretary of Agriculture shall manage the transferred lands consistent with the land and resource management plan for the Midewin National Tallgrass Prairie and include consideration of the transferred lands in the next regular update of such management plan. (3) Effect on existing rights.--The Secretary of Agriculture shall administer any valid permit, lease, or other authorization on the JTA lands transferred by subsection (c) under its existing terms, except that any renewal or modification shall be at the option of the Secretary of Agriculture on such terms and conditions as the Secretary may prescribe. (e) Conveyance to Will County.-- (1) Conveyance required.--Subject to valid existing rights, within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall convey by quitclaim deed, without cash consideration, to Will County, Illinois, all right, title, and interest of the United States in and to the parcel of land consisting of approximately 351 acres and depicted on the map as the ``Will County Conveyance Parcel''. (2) Restrictive covenant.--The quitclaim deed shall contain restrictive covenants enforceable by the Secretary of Agriculture for the benefit of the appurtenant Federal lands and the Midewin National Tallgrass Prairie. The covenants shall require that the lands conveyed to Will County, Illinois, shall be used only for the following governmental purposes: (A) Parks and recreation. (B) Firing ranges for small arms. (C) Office and training facilities for fire fighters, police, and emergency personnel. (D) Public safety facilities (but not facilities for incarceration). (E) Offices for county and municipal governments. (3) Prohibited uses.--The lands conveyed under this subsection shall not be used for industrial or commercial purposes, including landfills, parking and transportation facilities, power generation facilities, or waste water treatment (except for wastes generated on site). (4) Reserved rights.--The quitclaim deed shall reserve in the United States-- (A) rights or easements for public and administrative access and utilities over Arsenal Road and such other rights-of-way as the Secretary of Agriculture shall designate; (B) mineral rights; (C) surface and underground waters, subject to reasonable use on site by the County; and (D) rights to permit Federal, State, and local law enforcement, public safety, and land management agencies to have access to and use of training facilities located on the property as of the date of the enactment of this Act or constructed after that date, subject to the right of Will County to manage such uses and to charge reasonable fees commensurate with use as necessary to cover its operating and maintenance costs. (5) Environmental cleanup.--With respect to the lands conveyed to Will County pursuant to this subsection, the Secretary of the Army shall comply with the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620). (6) Administrative costs.--Will County shall cover the cost of the conveyance under this subsection, including survey and similar expenses. (f) Conveyance to CenterPoint Properties.-- (1) Conveyance required.--The Secretary of Agriculture shall convey by quitclaim deed to CenterPoint Properties, LLC (in this section referred to as ``CenterPoint''), an easement to the lands depicted on the map as the ``CenterPoint Conveyance Parcel''. (2) Purpose of easement.--The easement shall permit the holder to construct roads and railroads for access to appurtenant properties, subject to terms and conditions prescribed by the Army Corps of Engineers pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and any other applicable law and regulation. (3) Reserved rights.--The easement shall reserve in the United States public access over any roads, and may prescribe remedies for failure to meet any of the consideration obligations of paragraph (4). (4) Consideration.--Consideration for the easement provided by this subsection shall be as follows: (A) A cash payment equal to the market value of the easement based on an appraisal prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and approved by the Forest Service. (B) An agreement or cash payment by CenterPoint to fund a wetland mitigation project prescribed by the Secretary of Agriculture and the Army Corps of Engineers that effects the permanent enhancement, restoration, and creation of wetlands and other rare flora and fauna community types on the JTA and adjacent lands. (C) An agreement by CenterPoint to pay the Secretary of Agriculture a reasonable annual fee, the amount to be established annually by the Forest Service, for the purpose of controlling invasive and exotic species and for conducting other environmental measures deemed necessary by the Forest Service on the easement areas. (D) A cash payment of $1,000,000 by CenterPoint to a nonprofit corporation established under the laws of the State of Illinois, with such corporation to be designated at the sole discretion of the Secretary of Agriculture, for purposes of establishing a charitable foundation to fund habitat restoration at the Midewin National Tallgrass Prairie. (5) Administrative costs.--CenterPoint shall cover all costs associated with the conveyance of the easement under this subsection, including costs of survey, appraisal, and document preparation, and reasonable administrative costs of the Department of Agriculture, including legal expenses. (g) Disposition of Certain Receipts.-- (1) Payment to secretary of the army.--The cash payment required by subsection (f)(4)(A) shall be paid to the Secretary of the Army, and shall be availability to the Secretary of the Army, without further appropriation and until expended, for any purposes authorized under existing law. (2) Payment to secretary of agriculture.--The cash payments required by subsections (f)(4)(B) and (f)(4)(C) shall be deposited into the MNP Rental Fee Account established under section 2915(c) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 601), to be merged with other funds in the MNP Rental Fee Account and availability to the same extent and for the same purposes as other funds in the MNP Rental Fee Account. Monies so deposited into the MNP Rental Fee Account shall not be subject to transfer or reprogramming for wildland fire management or any other purpose (h) Environmental Cleanup.-- (1) Obligations and liabilities.--With respect to the lands comprising the JTA, the Secretary of the Army shall have the same obligations and liabilities for environmental clean up as enumerated in sections 2912(c), 2912(d), and 2913 of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 597, 598). (2) Preliminary assessment/site inspection.--Within 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide a Preliminary Assessment/Site Inspection to the Secretary of Agriculture for the lands comprising the JTA. (3) Remediation plans.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall develop and provide to the Secretary of Agriculture plans to remediate the Recognized Environmental Conditions identified by the Preliminary Assessment/Site Inspection. (4) Completion of remediation.--Within 2 years after the date of the enactment of this Act, the Secretary of the Army shall certify to the Secretary of Agriculture that all remediation activities have been completed. (i) Records.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall transfer to the Secretary of Agriculture all original records pertaining to land titles, surveys, utilities, and other records pertaining to the JTA. (j) Prairie Restoration Fund Amendment.--Section 2915(f) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104- 106; 110 Stat. 602) is amended by striking the first two sentences and inserting the following new sentences: ``Monies collected pursuant to subsections (d) and (e), as well as any other monies collected or received with regard to the MNP as may be provided by law, shall be covered into the Treasury and constitute a special fund known as the `Midewin National Tallgrass Prairie Restoration Fund' which funds shall be available until expended, without further appropriation, for purposes of or related to the Midewin National Tallgrass Prairie as provided in section subsections (c), (d), and (e) of section 2914. Monies deposited into the Fund shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purpose unless specifically authorized by Congress.''.
Midewin National Tallgrass Prairie Expansion Act of 2008 - Transfers administrative jurisdiction over the Joliet Training Area (JTA) from the Secretary of the Army to the Secretary of Agriculture. Directs the Secretary of Agriculture to convey a specified parcel of land to Will County, Illinois. Requires the deed for such land to contain restrictive covenants enforceable by such Secretary for the benefit of the appurtenant federal lands and the Midewin National Tallgrass Prairie. Requires the conveyed lands to only be used for: (1) parks and recreation; (2) firing ranges for small arms; (3) office and training facilities for fire fighters, police, and emergency personnel; (4) public safety facilities (but not for incarceration); and (5) offices for county and municipal governments. Prohibits the use of such lands for industrial or commercial purposes. Provides for environmental remediation of the lands conveyed to the county. Directs the Secretary of Agriculture to convey to CenterPoint Properties, LLC, an easement to specified lands to permit the construction of roads and railroads for access to appurtenant properties. Provides for certain cash payments. Requires the Secretary of the Army to provide a preliminary assessment/site inspection to the Secretary of Agriculture for the lands comprising the JTA and to develop plans for remediation of the recognized environmental conditions identified by the preliminary assessment/site inspection.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Constitution Center Commemorative Coin Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) a Constitutional Convention was convened in the summer of 1787 in Philadelphia, Pennsylvania for the purposes of replacing the failed Articles of Confederation as a framework for governing the 13 American colonies newly independent from Great Britain; (2) the United States Constitution produced by the Convention would set the United States of America on a unique course of experiment in self-government that would profoundly impact the United States and the world; (3) in its deliberations and promotion through such literary works as The Federalist Papers, the United States Constitution drew upon the successes and failures of nations and peoples dating as far back as the city-state republics of ancient Greece in forming representative governments; (4) the first 10 amendments to the Constitution, known as the Bill of Rights, comprise the best written set of legal protections of the rights and dignity of the individual in the history of human civilization and continue to be the benchmark for nations' adherence to human rights standards; (5) the principles of the United States Constitution have been enacted into the governing laws of numerous free countries around the globe, and are reflected in the founding documents of the United Nations; (6) the United States Constitution created the framework for what is now the oldest representative democracy in the world; (7) in its wisdom, the Constitutional Convention created a mechanism through which the United States Constitution can be perfected, as it has been 27 times to date, to better reflect its founding ideals, as well as to accommodate changing circumstances; (8) the rights and freedoms secured to Americans by the United States Constitution have and continue to draw millions from around the globe to the shores of this Nation; (9) all Americans should gain an understanding of and appreciation for the United States Constitution and the role this remarkable document plays in the freedoms and quality of life they enjoy; (10) the National Constitution Center was established by the Constitution Heritage Act of 1988 (16 U.S.C. 407aa et seq.), which was signed into law by President Ronald Reagan on September 16, 1988, to provide for continuing interpretation of the Constitution and to establish a national center for the United States Constitution; and (11) the National Constitution Center, located at the site of the birth of the Constitution, only steps away from the Liberty Bell and Independence Hall in the Independence National Historic Park in Philadelphia, Pennsylvania, is the only center in the world solely dedicated to promoting understanding of the Constitution and its values and ideals. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (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. The Secretary may obtain silver for minting coins under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act, to the extent available, and from other available sources, if necessary. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Constitution Center in Philadelphia, Pennsylvania. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Constitution Center Coin Advisory Committee; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to mint coins under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2003, and ending when the quantity of coins issued under this Act reaches the limit under section 3(a). SEC. 7. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins issued under this Act shall include a surcharge established by the Secretary, in an amount equal to not more than $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins minted under this Act shall be paid promptly by the Secretary to the National Constitution Center. (b) Use of Proceeds.--The proceeds received by the National Constitution Center under subsection (a) shall be used by the Center to promote a greater understanding of the Constitution and its values and ideals. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Constitution Center as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act, unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
National Constitution Center Commemorative Coin Act of 2002 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins in commemoration of the opening of the National Constitution Center in Philadelphia, Pennsylvania, scheduled for July 4, 2003.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Support Act of 2001''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES. ``(a) Allowance of Deduction.--In the case of an eligible teacher, there shall be allowed as a deduction an amount equal to the qualified professional development expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of this section-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this section. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher or aide in an elementary or secondary school for at least 720 hours during a school year. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect. ``(c) Denial of Double Benefit.-- ``(1) In general.--No other deduction or credit shall be allowed under this chapter for any amount taken into account for which a deduction is allowed under this section. ``(2) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified professional development expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new paragraph: ``(18) Qualified professional development expenses.--The deduction allowed by section 222.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Qualified professional development expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $100. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.
Teacher Support Act of 2001- Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to qualified professional development expenses incurred by elementary and secondary school teachers and aides; and (2) allow a credit to elementary and secondary school teachers, instructors, counselors, aides, or principals who provide classroom materials.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for qualified professional development expenses of elementary and secondary school teachers and to allow a credit against income tax to elementary and secondary school teachers who provide classroom materials."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Energy and Western Jobs Act''. SEC. 2. RESCISSION OF CERTAIN INSTRUCTION MEMORANDA. The following are rescinded and shall have no force or effect: (1) The Bureau of Land Management Instruction Memorandum entitled ``Oil and Gas Leasing Reform--Land Use Planning and Lease Parcel Reviews'', numbered 2010-117, and dated May 17, 2010. (2) The Bureau of Land Management Instruction Memorandum entitled ``Energy Policy Act Section 390 Categorical Exclusion Policy Revision'', numbered 2010-118, and dated May 17, 2010. (3) Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010. SEC. 3. AMENDMENTS TO THE MINERAL LEASING ACT. (a) Onshore Oil and Gas Lease Issuance Improvement.--Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended in the seventh sentence, by striking ``Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year'' and inserting ``The Secretary of the Interior shall automatically issue a lease 60 days after the date of the payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year, unless the Secretary of the Interior is able to issue the lease before that date. The filing of any protest to the sale or issuance of a lease shall not extend the date by which the lease is to be issued''. (b) Judicial Review.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(q) Judicial Review.--Any action seeking judicial review of the adequacy of any program or site-specific environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) concerning oil and gas leasing for onshore Federal land shall be barred unless the action is brought in the appropriate district court of the United States by the date that is 60 days after the date on which there is published in the Federal Register the notice of the availability of the environmental impact statement.''. (c) Determination of Impact of Proposed Policy Modifications.--The Mineral Leasing Act is amended by inserting after section 37 (30 U.S.C. 193) the following: ``SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POLICY MODIFICATIONS. ``(a) Definitions.--In this section: ``(1) Department.--The term `Department' means the Department of the Interior. ``(2) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) Duty of Secretary.-- ``(1) In general.--Before the modification and implementation of any onshore oil or natural gas preleasing or leasing and development policy (as in effect as of January 1, 2010) or a policy relating to protecting the wilderness characteristics of public land, the Secretary shall-- ``(A) complete an economic impact assessment in accordance with paragraph (2); and ``(B) issue a determination that the proposed policy modification would have the effects described in paragraph (2)(A). ``(2) Requirements.--In carrying out an assessment to determine the impact of a proposed policy modification described in paragraph (1), the Secretary shall-- ``(A) in consultation with the appropriate officials of each State (including political subdivisions of the State) in which 1 or more parcels of land subject to oil and natural gas leasing are located and any other appropriate individuals or entities, as determined by the Secretary-- ``(i)(I) carry out an economic analysis of the impact of the policy modification on oil- and natural gas-related employment opportunities and domestic reliance on foreign imports of petroleum resources; and ``(II) certify that the policy modification would not result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development or contribute to an increase in the domestic use of imported petroleum resources; and ``(ii) carry out a policy assessment to determine the manner by which the policy modification would impact-- ``(I) revenues from oil and natural gas receipts to the general fund of the Treasury, including a certification that the modification would, for the 10-year period beginning on the date of implementation of the modification, not contribute to an aggregate loss of oil and natural gas receipts; and ``(II) revenues to the treasury of each affected State that shares oil and natural gas receipts with the Federal Government, including a certification that the modification would, for the 10-year period beginning on the date of implementation of the modification, not contribute to an aggregate loss of oil and natural gas receipts; and ``(B) provide notice to the public of, and an opportunity to comment on, the policy modification in a manner consistent with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the `Administrative Procedure Act').''. SEC. 4. ANNUAL REPORT ON REVENUES GENERATED FROM MULTIPLE USE OF PUBLIC LAND. (a) Annual Report.--As part of the annual agency budget, the Secretary of the Interior (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall submit an annual report detailing, for each field office, the revenues generated by each use of public land. (b) Inclusions.--The report shall include-- (1) a line item for each use of public land, including use for-- (A) grazing; (B) recreation; (C) timber; (D) leasable minerals, including a distinct accounting for each of oil, natural gas, coal, and geothermal development; (E) locatable minerals; (F) renewable energy sources, including a distinct accounting for each of wind and solar energy; (G) the sale of land; and (H) transmission; and (2) identification of the total acres designated as wilderness, wilderness study areas, and wild lands. (c) Availability.--The Secretary of the Interior and the Secretary of Agriculture shall make the report prepared under this section publicly available on the applicable agency website. SEC. 5. FEDERAL ONSHORE OIL AND NATURAL GAS PRODUCTION GOAL. (a) In General.--The Secretary of the Interior shall establish a domestic strategic production goal for the development of oil and natural gas managed by the Federal Government. (b) Requirements.--In establishing the goal under subsection (a), the Secretary shall-- (1) ensure that the United States maintains or increases production of Federal onshore oil and natural gas; (2) ensure that the 10-year production outlook for Federal onshore oil and natural gas be provided annually; (3) examine steps to streamline the permitting process to meet the goal; (4) include the goal in each resource management plan; and (5) analyze each proposed policy of the Department of the Interior for the potential impact of the policy on achieving the goal before implementation of the policy. SEC. 6. OIL SHALE. (a) Additional Research and Development Lease Sales.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale in which the Secretary of the Interior shall offer an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with the terms offered in the solicitation of bids for the leases described in the notice entitled ``Potential for Oil Shale Development; Call for Nominations--Oil Shale Research, Development, and Demonstration (R, D, and D) Program'' (74 Fed. Reg. 2611). (b) Application of Regulations.--The final rule entitled ``Oil Shale Management--General'' (73 Fed. Reg. 69414), shall apply to all commercial leasing for the management of federally owned oil shale and any associated minerals located on Federal land.
American Energy and Western Jobs Act - Rescinds and declares without force or effect: (1) Bureau of Land Management (BLM) Instruction Memoranda numbered 2010-117 (Oil and Gas Leasing Reform – Land Use Planning and Lease Parcel Reviews) and 2010-118 (Energy Policy Act Section 390 Categorical Exclusion Policy Revision), both issued on May 17, 2010; and (2) Secretarial Order No. 3310 (Wild Lands Policy) issued by the Secretary of the Interior on December 22, 2010. Amends the Mineral Leasing Act to: (1) repeal the requirement that leases be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid and the annual rental for the first lease year, and (2) direct the Secretary to automatically issue a lease 60 days after the date of such payment, unless the Secretary is able to issue the lease before that date. Bars an action seeking judicial review of the adequacy of any program or site-specific environmental impact statement under the National Environmental Policy Act of 1969 concerning oil and gas leasing for onshore federal land unless the action is brought in federal district court within 60 days after publication in the Federal Register of notice of the availability of the environmental impact statement. Directs the Secretary, before modifying and implementing any onshore oil or natural gas preleasing or leasing and development policy, or a policy relating to protecting the wilderness characteristics of public land, to complete an economic impact assessment and determine that the proposed policy modification will not: (1) result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development, (2) contribute to an increase in the domestic use of imported petroleum resources, or (3) contribute to an aggregate loss of oil and natural gas receipts. Directs the Secretary, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service, to submit, as part of the annual agency budget, a report detailing, for each field office, the revenues generated by specified use of public land. Directs the Secretary to: (1) establish a domestic strategic production goal for the development of oil and natural gas managed by the federal government; and (2) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with terms offered in a specified solicitation of bids for the leases.
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SECTION 1. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. Subchapter I of chapter 417, of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 41714. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. ``(a) General Rule.--Notwithstanding the requirement of section 40102(15) that at least 75 percent of the voting interests of an air carrier be owned or controlled by persons who are citizens of the United States or of one of its possessions, a person who is not a citizen of the United States may purchase voting interests of a corporation or association which is, or owns or controls, an air carrier without regard to whether or not such purchase would result in the corporation or association failing to meet such voting interest requirement of section 40102(15) if the Secretary of Transportation finds that-- ``(1) after the purchase-- ``(A) the president, chairman of the board of directors, chief operating officer, and two-thirds or more of the board of directors of the corporation or association which is, or owns or controls, the air carrier would be citizens of the United States or one of its possessions; and ``(B) at least 51 percent of the voting interests of the air carrier would be owned or controlled by persons who are citizens of the United States or one of its possessions; and ``(2) the purchase is in the public interest. ``(b) Factors To Consider for Public Interest Finding.--The Secretary, in making the finding required by subsection (a)(2), shall consider the following: ``(1) The financial condition of the air carrier and the importance of the purchase to the carrier's ability to survive and effectively compete. ``(2) The effect of the purchase on the employees of the air carrier. ``(3) The effect of the purchase on competition in interstate, overseas, and foreign air transportation. ``(4) Whether the laws and regulations of the foreign country of which the purchaser is a citizen would permit a citizen of the United States to acquire, under similar terms and conditions, the same percentage of stock of a person who provides in such foreign country transportation by aircraft of persons or property as a common carrier as the percentage of stock which the person making the purchase would have in the air carrier after the purchase. ``(5) The extent to which the purchaser is owned, controlled, or subsidized by a government of a foreign country. ``(6) The extent to which a person who is not a citizen of the United States or one of its possessions would, after the purchase, have the power to exercise control over the air carrier. ``(7) The extent to which the foreign country of which the purchaser is a citizen permits air carriers to have access to its aviation markets equivalent to the access that the foreign citizen would have to the aviation markets of the United States after the purchase. ``(c) Application.-- ``(1) Submission.--A person interested in making a purchase with respect to which subsection (a) applies must submit an application with respect to such purchase to the Secretary. The application must be in such form and contain such information as the Secretary may, by regulation, require. ``(2) Approval or disapproval.--Within 90 days after an application meeting the requirements of paragraph (1) and any regulations issued thereunder is submitted to the Secretary, the Secretary shall approve the application, approve the application subject to such conditions or modifications as the Secretary determines appropriate to carry out the objectives of this section, or disapprove the application. ``(3) Presidential review.-- ``(A) Presentation.--The approval, with or without conditions or modifications, of any application under this section shall be presented to the President for review. ``(B) Disapproval; conditions.--The President shall have the right to disapprove or impose conditions on the application solely on the basis of national defense considerations including the effect of the purchase on the Civil Reserve Air Fleet program. Any such disapproval or conditions shall be issued in a public document, setting forth the reasons for the disapproval or conditions to the extent national security permits, within 30 days after submission of the Secretary's action to the President. ``(C) Effect of disapproval.--Any action of the Secretary disapproved by the President under this paragraph shall be null and void. ``(D) Effect of expiration of time limit; judicial review.--Any action of the Secretary not disapproved within the 30-day period referred to in subparagraph (B) shall take effect as an action of the Secretary, not the President, and as such shall be subject to judicial review as provided in section 1006 of this Act.''. SEC. 2. CONFORMING AMENDMENT. The analyses for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41713 the following: ``41714. Reduction of U.S. citizenship voting interest ownership requirement.''.
Amends Federal transportation law to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier under certain conditions, including continued minimum 51 percent ownership or control of the voting interests, and continued predominant management of the corporation or association, by U.S. citizens.
{"src": "billsum_train", "title": "To amend title 49, United States Code, to authorize the Secretary of Transportation to reduce under certain circumstances the percentage of voting interests of air carriers which are required to be owned or controlled by persons who are citizens of the United States."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak Route Closure and Realignment Act of 1995''. SEC. 2. THE COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Total Realignment of Amtrak Commission'' (in this Act referred to as the ``Commission''). (b) Appointment.--The Commission shall be composed of eleven members as follows: (1) Three individuals appointed by the President, including-- (A) the Secretary of Transportation; (B) one representative of a rail labor union; and (C) one representative of a rail management. (2) Four individuals who collectively have expertise in rail finance, economic analysis, legal issues, and other relevant areas, to be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader. (3) Four individuals who collectively have expertise in rail finance, economic analysis, legal issues, and other relevant areas, to be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader. Appointments under this subsection shall be made within 15 days after the date of the enactment of this Act. Individuals appointed under paragraphs (2) and (3) shall not be employees of the Department of Transportation or representatives of a rail labor union or rail management. (c) Chairman.--Within 10 days after the 15-day period described in subsection (b), or the appointment of the last member of the Commission under such subsection, whichever occurs first, a majority of the members of the Commission may elect a chairman from among its membership. If a chairman is not elected within such 10-day period, the President shall select a chairman for the Commission from among its membership. (d) Meetings.--(1) Each meeting of the Commission shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open or available, upon request, to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (e) Pay and Travel Expenses.--(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (C) Notwithstanding subparagraphs (A) and (B), officers and employees of the Federal Government shall not be paid under this paragraph for service on the Commission. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Director of Staff.--The Commission shall appoint a Director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.--(1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of not more than 5 additional employees. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (h) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (i) Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (j) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (k) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (l) Experts or Consultants.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (m) Termination.--The Commission shall terminate 30 days after transmitting a report under section 3(e). SEC. 3. DUTIES. (a) Economic Performance Rankings.--The Commission shall examine economic data for Amtrak's system and develop system-wide performance rankings of all routes based on long-term economic loss. (b) Identification of Candidate Routes for Closure or Realignment.--(1) The Commission shall identify routes which are candidates for closure or realignment, based on the performance rankings developed under subsection (a) and on the following principles: (A) The system which remains after closure and realignment of routes shall not be required to be a national, interconnected system. (B) Federal operating subsidies for Amtrak shall be assumed to decline over the 5-year period beginning on the date of the enactment of a joint resolution under section 4, possibly to the point of zero Federal operating subsidy. (C) The rail labor protection costs of Amtrak shall be calculated both-- (i) at the level required under rail labor laws as in effect when the Commission is identifying routes under this subsection; and (ii) at the level which would be required if amendments to rail labor laws were enacted that-- (I) limit to a maximum of 6 months any wage continuation or severance benefit for an employee of Amtrak whose employment is terminated as a result of a discontinuance of intercity rail passenger service; and (II) permit Amtrak to require any employee whose position is eliminated as a result of such a discontinuance to transfer to another part of Amtrak's system. (2) The Commission shall specifically examine ridership forecasts and other assumptions supporting continued service on the Northeast Corridor, particularly with respect to the continuation of the electrification of the Northeast Corridor between New Haven, Connecticut, and Boston, Massachusetts. (c) Consideration of Quality of Life Factors.--(1) Each route identified under subsection (b) as a candidate for closure or realignment shall be reviewed to determine whether there are important social, environmental, or other quality of life factors which should be considered in determining whether to close or realign the route. The commission shall also consider the effect on airport congestion and the availability of alternative modes of transportation, especially in rural areas, before recommending any closure or realignment. (2) The Commission shall hold public hearings to obtain testimony from State and local officials, and other interested parties, with respect to factors described in paragraph (1). (d) Optional Uses for Abandoned Rail Lines.--The Commission shall also examine optional uses for abandoned rail lines. (e) Recommendations.--The Commission shall, within 120 days after the election or selection of its chairman under section 2(c), transmit to the Congress and the President a report on its activities under this Act, including recommendations developed under this section for the closure and realignment of routes in Amtrak's passenger rail system. SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Terms of the Resolution.--For purposes of this section, the term ``joint resolution'' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Commission transmits its recommendations to the Congress under section 3(e), and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the recommendations of the Total Realignment of Amtrak Commission as submitted on ______'', the blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the recommendations of the Total Realignment of Amtrak Commission.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Transportation and Infrastructure of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Commerce, Science, and Transportation of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Commission transmits the report to the Congress under section 3(e), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $2,500,000 for carrying out this Act.
Amtrak Route Closure and Realignment Act of 1995 - Establishes as an independent commission the Total Realignment of Amtrak Commission. (Sec. 3) Directs the Commission to: (1) identify Amtrak passenger rail routes which are candidates for closure or realignment based on system-wide economic performance rankings and other specified principles and factors; (2) examine ridership forecasts and other assumptions supporting continued service on the Northeast Corridor, particularly with respect to the continuation of the electrification of the Northeast Corridor between New Haven, Connecticut, and Boston, Massachusetts; and (3) examine optional uses for abandoned rail lines. Requires the Commission to transmit to the Congress and the President a report on its activities, including recommendations for the closure and realignment of routes in Amtrak's passenger rail system. (Sec. 4) Sets forth procedures for congressional consideration of Commission recommendations. (Sec. 5) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995)''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right of citizens of the United States to vote is a fundamental right; (2) the right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues; and (3) there is an increasing public sentiment and demand for less taxation and a simplified tax code. (b) Purposes.--The purposes of this Act are-- (1) to give the citizens of every State the opportunity to have a voice on whether or not Congress should adopt a flat income tax system and amend the Constitution to require a majority vote of the American people to raise taxes; and (2) to conduct a national nonbinding referendum on a flat tax on income and requiring a national vote on tax increases at the 1996 general election, thereby having an opportunity to study the feasibility of conducting national nonbinding referenda on other important issues in the future. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``nonbinding referendum'' means the placing on the general election ballot in every congressional district and delegate or resident commissioner district in 1996 the advisory questions defined below, the results of which shall be properly tabulated and certified as described herein, but which results shall not be legally binding on any person or institution; (2) the term ``advisory questions'' means the National Advisory Referendum on a flat tax on income and requiring a national vote on tax increases, the language of which is contained in section 4(b) of this Act; (3) the term ``general election'' means the election at which Federal officers are elected in 1996; and (4) the term ``State election agency'' means the official agency of each State and territory charged with the legal responsibility for conducting general elections within that jurisdiction. SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON A FLAT TAX AND REQUIRING A NATIONAL VOTE ON TAX INCREASES NONBINDING REFERENDUM. (a) In General.--This Act shall have the effect of placing on the 1996 general election ballot in every congressional district, and delegate and/or resident commissioner district, in the United States, the District of Columbia and the territories of the United States, the advisory questions under subsection (b). (b) Advisory Questions; Ballot Title and Language.--Not later than June 30, 1996, the Clerk of the United States House of Representatives and the Secretary of the United States Senate shall jointly certify to the appropriate State election agencies for inclusion on the 1996 general election ballot in each congressional district, the following ballot title and questions: ``national advisory referendum on a flat tax on income and requiring a national vote on tax increases ``Question #1: Should Congress adopt a simple flat tax rate on income? ``Yes No. ``Question #2: Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? ``Yes No''. (c) Preparation of Ballots.-- (1) Procedures.--The procedures for printing and preparation of the ballots containing the advisory questions shall be the same as provided in each State and territory for conducting the elections of the Members of the United States House of Representatives and Senators, and Delegates or Resident Commissioners. (2) Advisory questions.--In each congressional and delegate district, every general election ballot shall include the advisory questions contained in subsection (b). Should there be no general election scheduled to be held in any particular congressional or delegate district, a ballot shall nonetheless be prepared for the voters of said district to be able to participate in the nonbinding referendum in the same manner as all other districts where a general election is being held. States shall be reimbursed at 4 cents per voter, or an estimated $5,000,000 for the costs incurred in placing the questions in subsection (b) on the ballots in November 1996. Therefore, this bill authorizes $5,000,000 for these purposes. All reimbursements to State election agencies for the costs of conducting the nonbinding referendum shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate in proportion to the total funds appropriated to each House for franking, to reimburse the States for such expenses. The Clerk of the United States House of Representatives and the Secretary of the United States Senate shall be responsible for ensuring the proper application for and reimbursement of said expenses. (d) Tabulation and Certification of Voting Results.--The State election agencies shall tabulate the results of the voting on the advisory questions in the same manner as is customary for tabulating the results of elections of the Members of the United States House of Representatives and Senators. Said results shall be officially certified pursuant to the customary laws and procedures of each jurisdiction. (e) Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary.--The official, certified election results of each jurisdiction's nonbinding referenda on the advisory questions shall be certified by the State election agency to the Clerk of the United States House of Representatives and the Secretary of the United States Senate in the same manner and at the same time of the certification of election of Members of the House of Representatives and Senate at the 1996 general election, said results to be certified by county, congressional district and statewide totals. The Clerk and the Secretary shall be responsible for transmitting to each Member of the respective House of Congress the results of the nonbinding referenda from all jurisdictions. The results shall also be taken under advisement by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, with recommendations for response reported back to the full House and Senate within 6 months of the general election. (f) Comments Regarding Procedures for Future Nonbinding Referenda.--Within 90 days of the date of the general election, the State election agencies shall forward to the Clerk of the United States House of Representatives and the Secretary of the United States Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. All such comments shall be referred to the respective committees on the Judiciary of the House of Representatives and Senate. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.
National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995) - Establishes a national advisory nonbinding referendum to provide for placing on the 1996 general election ballot or, if there is no general election in a particular district, placing on a ballot the following questions: (1) Should Congress adopt a simple flat tax rate on income?; and (2) Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? Authorizes that $5 million be reimbursed to the States from the franking accounts of the House of Representatives and the Senate for the costs of conducting the nonbinding referendum in proportions equal to the total amount appropriated for franking in each House.
{"src": "billsum_train", "title": "National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995)"}
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SECTION 1. LIFETIME ANNUITY PAYOUTS AND SIMILAR PAYMENTS OF LIFE INSURANCE PROCEEDS AT DATES LATER THAN DEATH TAXED AT CAPITAL GAINS RATES. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Net capital gain increased by certain annuity and life insurance payments.-- ``(A) In general.--For purposes of this subsection, the amount (if any) of net capital gain, determined without regard to this paragraph, for any taxable year shall be increased by-- ``(i) the amount received as an annuity under an annuity contract which is includible in income under section 72, and ``(ii) the amount received as a payment of life insurance proceeds at a date later than death which is includible in income under section 101(d). ``(B) Amount received as an annuity under annuity contract.--For purposes of subparagraph (A)(i), an amount is received as an annuity under an annuity contract if such amount is received as an annuity under any portion of an annuity contract and is part of a series of payments made over-- ``(i) the life of the annuitant, ``(ii) the joint lives of 2 or more annuitants, ``(iii) the life of the annuitant with a minimum period of payments certain or with a minimum amount which must be paid in any event, or ``(iv) the joint lives of 2 or more annuitants with a minimum period of payments certain or with a minimum amount which must be paid in any event. ``(C) Amount received as payment of life insurance proceeds at a date later than death.--For purposes of subparagraph (A)(ii), an amount is received as a payment of life insurance proceeds at a date later than death if such amount is part of a series of payments made over-- ``(i) the life of the beneficiary of the life insurance contract, ``(ii) the joint lives of 2 or more beneficiaries of the life insurance contract, ``(iii) the life of the beneficiary of the life insurance contract with a minimum period of payments certain or with a minimum amount which must be paid in any event, or ``(iv) the joint lives of 2 or more beneficiaries of the life insurance contract with a minimum period of payments certain or with a minimum amount which must be paid in any event. ``(D) Exception for deferred compensation plans and retirement plans.--Subparagraphs (A), (B), and (C) shall not apply to amounts received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)).''. (b) Alternative Minimum Tax.--The last sentence of paragraph (3) of section 55(b) of such Code is amended by inserting ``(including the modification made by paragraph (13) thereof)'' after ``section 1(h)'' the first place it appears. (c) Conforming Amendments.-- (1) Section 72(a) of such Code is amended-- (A) by striking ``Annuities.--Except'' and inserting ``Annuities.-- ``(1) Inclusion in gross income.--Except'', and (B) by adding at the end the following: ``(2) Cross reference.-- ``For taxation at capital gains rates of certain amounts includible in income under this section, see section 1(h)(13).''. (2) Section 101(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Cross reference.-- ``For taxation at capital gains rates of certain amounts includible in income under this subsection, see section 1(h)(13).''. (d) Effective Date.--The amendments made by this section shall apply to amounts received in calendar years beginning after the date of enactment of this Act.
Amends the Internal Revenue Code to tax lifetime annuity payouts and similar payments of life insurance proceeds at dates later than death at capital gains rates.Excludes amounts received under an eligible deferred compensation plan or under a qualified retirement plan.Includes such gains in the calculation of the maximum rate of tax on net capital gains of noncorporate taxpayers when computing the alternative minimum tax.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage guaranteed lifetime income payments from annuities and similar payments of life insurance proceeds at dates later than death by taxing the income portion of such payments at capital gains rates."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Border Port-of-Entry Infrastructure Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, done at Washington and Mexico City November 16 and 18, 1993 (TIAS 12516). (2) Border environment cooperation commission.--The term ``Border Environmental Cooperation Commission'' means the commission established in chapter I of the Agreement. (3) Commissioner.--The term ``Commissioner'' means the Commissioner of Customs. (4) North american development bank.--The term ``North American Development Bank'' means the bank established in chapter II of the Agreement. (5) Southwest border.--The term ``Southwest border'' has the same meaning given the term ``border region'' in article V of chapter III of the Agreement. TITLE I--UNITED STATES SOUTHWEST BORDER INFRASTRUCTURE IMPROVEMENT PROJECTS SEC. 101. UNITED STATES INFRASTRUCTURE PROJECTS. (a) Update and Development of Priorities.-- (1) In general.--The Commissioner of Customs, in consultation with the Secretary of Agriculture and the Commissioner of Immigration and Naturalization, shall, not later than 6 months after the date of enactment of this Act, update the Ports of Entry Infrastructure Assessment Study submitted by the Customs Service pursuant to Public Law 106-58 (commonly known as the ``Treasury and General Government Appropriations Act, 2000'') (113 Stat. 430), and develop priorities for port-of-entry infrastructure improvement projects in the United States along the Southwest border. (2) Criteria.--The Commissioner shall update the Study and develop priorities for projects under paragraph (1) based on the positive impact that completion of a project will have on facilitating trade across the Southwest border. (3) Port to federal highway connections.--The update and priorities developed under paragraph (1) may include port to Federal highway connections in the United States. (4) Publication and opportunity to comment.--Prior to finalizing the update and the priority of projects under paragraph (1), the Commissioner shall publish the proposed update and priorities in the Federal Register and provide an opportunity for public comment. (b) Effect of Prioritization.-- (1) In general.--The Commissioner shall implement port-of- entry infrastructure improvement projects in the United States along the Southwest border in accordance with the priority of projects developed through the update. (2) Divergence from priorities.--The Commissioner may diverge from the priorities developed through the update if the Commissioner finds that significantly changed circumstances, such as changes in infrastructure in Mexico, compellingly alter the need for a project in the United States. (c) Use of Local Businesses.--Every effort shall be made to use local businesses to carry out projects under this title. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $100,000,000 for each of fiscal years 2002 through 2006, and such other sums as may be necessary in any succeeding fiscal year, to carry out the provisions of this title. TITLE II--SOUTHWEST BORDER INFRASTRUCTURE INCENTIVE INITIATIVE SEC. 201. SOUTHWEST BORDER INFRASTRUCTURE FUND. (a) Establishment.-- (1) In general.--There is established in the Department of Transportation a fund known as the ``Southwest Border Infrastructure Fund'' (in this title referred to as the ``Fund'') which shall consist of such sums as may be available in appropriations Acts. (2) Purpose.--The purpose of the Fund shall be to award grants under section 202. (b) Consultation.--In establishing the Fund, the Secretary of Transportation shall consult with the Administrator of the Environmental Protection Agency, and may use the Border Environment Infrastructure Fund of the North American Development Bank as a model. SEC. 202. SOUTHWEST BORDER INFRASTRUCTURE IMPROVEMENT GRANTS. (a) Program Authorized.--The Secretary of Transportation is authorized to make grants from the Fund to an eligible applicant through the North American Development Bank to pay the United States contribution of the costs of projects described in subsection (b). (b) Authorized Activities.-- (1) In general.--A project described in this subsection means a project to develop the physical port-of-entry infrastructure along the Southwest border in order to reduce the negative environmental impact, particularly with respect to air, soil, and water quality, associated with cross-border transportation. (2) Scope.--A project includes any activity associated with the financing, design, development, construction, and transition necessary to bring a port-of-entry infrastructure project described in paragraph (1) to completion. (c) Eligibility.--For the purposes of this title, an eligible applicant is an entity certified as eligible for project financing by the Border Environmental Cooperation Commission. (d) Limitation.--A grant awarded under subsection (a) may not exceed $25,000,000. SEC. 203. APPLICATION. An entity that desires to receive a grant under this title shall submit an application through the Border Environmental Cooperation Commission to the Secretary of Transportation at a time, in a manner, and accompanied by information as the Secretary may reasonably require. SEC. 204. MATCHING REQUIREMENT. The Secretary of Transportation may not award a grant under section 202 unless the eligible applicant provides assurances that, with respect to the costs to be incurred in carrying out the project for which the grant is awarded, the eligible applicant will have available (directly or through funding from public or private entities) contributions in an amount equal to not less than $1 for every $1 of United States Government funds provided under the grant. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Transportation $75,000,000 for fiscal year 2002, and such other sums as may be necessary for each of the fiscal years 2003 through 2006, to carry out the provisions of this title. TITLE III--PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM SEC. 301. ESTABLISHMENT OF PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) In General.--The Secretary of the Treasury, acting through the Commissioner of Customs, shall establish a port-of-entry demonstration site to carry out the port-of-entry technology demonstration program described in section 302. (b) Criteria.--To ensure that the facility selected as the port-of- entry demonstration site has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port-of-entry operations, the port-of-entry selected as the demonstration site shall-- (1) have been established not more than 5 years before the date of enactment of this Act; (2) consist of not less than 67 acres, with the possibility of expansion onto not less than 33 adjacent acres; and (3) service an average of not more than 31,000 vehicles per month in the 12 months preceding the date of enactment of this Act. SEC. 302. PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) Purpose.--The purpose of the technology demonstration program is to carry out an ongoing program to test and evaluate new port-of- entry technologies, refine port-of-entry technologies and operational concepts, and train personnel under realistic conditions. (b) Technology Tested.--The Secretary shall test technologies that enhance port-of-entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, and decision support. SEC. 303. REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on the activities of the demonstration site and technology program established under this title. (b) Content.--The report shall include an assessment by the Secretary of the Treasury of the feasibility of incorporating any demonstrated technology throughout the United States Customs Service. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Treasury $10,000,000 for fiscal year 2002, and such other sums as may be necessary for each of the fiscal years 2003 through 2006, to carry out the provisions of this title.
Southwest Border Port-of-Entry Infrastructure Improvement Act - Directs the Commissioner of Customs to update the Ports of Entry Infrastructure Assessment Study and develop priorities for port-of-entry infrastructure improvement projects in the United States (which may include port-to-Federal-highway connections) along the Southwest border.Establishes in the Department of Transportation the Southwest Border Infrastructure Fund. Authorizes the Secretary of Transportation to make grants from the Fund to an eligible applicant through the North American Development Bank to pay the U.S. contribution of costs for projects to develop the physical port-of-entry infrastructure along the Southwest border in order to reduce the negative environmental impact, particularly with respect to air, soil, and water quality, associated with cross-border transportation.Directs the Secretary of the Treasury to establish a site to carry out a port-of-entry technology demonstration program to test and evaluate new port-of-entry technologies, refine them as well as operational concepts, and train personnel under realistic conditions.
{"src": "billsum_train", "title": "A bill to improve port-of-entry infrastructure along the Southwest border of the United States, to establish grants to improve port-of-entry facilities, to designate a port-of-entry as a port technology demonstration site, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Environmental Cleanup Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the lack of environmental pollution controls in foreign countries provides a huge cost savings for foreign manufacturers and agricultural producers, which provide them with an unfair competitive advantage in the global marketplace; (2) air and water pollution, including pollution of the oceans, by foreign countries is a direct threat to United States citizens and undermines United States environmental efforts; (3) the United States is the largest export market for the worst international polluters; and (4) a Global Cleanup Fund that takes a portion of the foreign assistance funds allocated to each foreign country with pollution control standards less stringent than those of the United States and uses those funds to make loans to that country in order to finance the purchase of pollution control equipment and services from the United States-- (A) would not impose additional costs on United States taxpayers, (B) would result in increased employment in the United States, and (C) would promote international environmental efforts by establishing environmental responsibility as a clear United States foreign policy priority. SEC. 3. ANNUAL COUNTRY REPORTS ON POLLUTION PREVENTION PRACTICES. (a) Requirement for Reports.--The Secretary of State shall prepare a detailed annual report regarding the environmental protection requirements of each foreign country with respect to air quality, water quality, and disposal of hazardous and solid wastes. For each foreign country, each such report shall-- (1) describe the air quality, water quality, and hazardous and solid waste disposal conditions in that country; (2) describe the laws, policies, and practices of the government of that country with respect to air quality, water quality, and hazardous and solid waste disposal; and (3) include a determination by the Secretary of State, made after consultation with Administrator of the Environmental Protection Agency, of whether those laws, policies, and practices are adequately enforced to protect the local environment from damaging industrial practices. (b) Use of Reports.--Not later than January 31 each year, the Secretary of State shall submit a copy of the report required by subsection (a) to-- (1) the Congress; (2) the United States Trade Representative, who shall consider the information and determinations contained in such report in carrying out trade negotiations; and (3) the head of each agency of the United States Government that is involved in foreign assistance programs, who shall consider the information and determinations contained in such report in determining which countries will receive foreign assistance. SEC. 4. GLOBAL CLEANUP FUND. (a) Countries to Which Section Applies.--This section applies with respect to any country for which United States foreign assistance funds are allocated for a fiscal year unless the Secretary of State, after consultation with Administrator of the Environmental Protection Agency, determines that that country, through its laws, policies, and practices, assures compliance with pollution control standards with respect to air quality, water quality, and disposal of hazardous and solid wastes and promotes the protection of the local environment from damaging industrial practices. (b) Use of Foreign Assistance Funds To Finance the Acquisition of United States Environmental Protection Goods and Services.-- Notwithstanding any other provision of law, the President shall use 20 percent of the aggregate amount of foreign assistance funds allocated each fiscal year for a country described in subsection (a)-- (1) to make loans to the government of that country, on such terms and conditions as the President determines, to enable it to purchase United States pollution control products and services; and (2) for administrative expenses in carrying out this section. (c) Annual Report to Congress.--Each year, the President shall submit to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate a report with respect to implementation of this section during the preceding fiscal year. Each such report-- (1) shall set forth the amount made available for loans to each country under this section; (2) shall describe the loans made; (3) shall describe the use of United States pollution control products and services purchased by each such country as a result of loans; and (4) shall describe the status of pollution control efforts in each such country. SEC. 5. INTERNATIONAL FINANCIAL INSTITUTION LOANS TO COUNTRIES THAT DO NOT ENFORCE ENVIRONMENTAL STANDARDS TO PROTECT LOCAL ENVIRONMENTS FROM DAMAGING INDUSTRIAL PRACTICES. (a) The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any proposed lending by that institution unless the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency, determines that-- (1) the borrowing country, through its laws, policies, and practices, adequately and constructively assures compliance with pollution control standards with respect to air quality, water quality, and disposal of hazardous and solid wastes that will protect local environments from damaging industrial practices; or (2) the lending will support an industrial project or program that-- (A) has the potential to adversely affect air quality or water quality or will involve hazardous or solid wastes, but (B) is designed to protect the local environment from damaging industrial practices. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``foreign assistance'' means assistance under the Foreign Assistance Act of 1961 or section 23 of the Arms Export Control Act; and (2) the term ``international financial institution'' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and each regional multilateral development bank in which the United States participates.
Global Environmental Cleanup Act - Directs the Secretary of State to prepare an annual report regarding the environmental protection requirements of each foreign country with respect to air and water quality and hazardous and solid waste disposal. Directs the President to use 20 percent of the aggregate amount of foreign assistance allocated each fiscal year for a foreign country to make loans to enable the country to purchase U.S. pollution control products and services and for administrative expenses. Makes such requirement inapplicable if a country assures compliance with pollution control standards and promotes protection of the local environment from damaging industrial practices. Requires the Secretary of the Treasury to instruct the U.S. executive directors of each international financial institution to oppose proposed lending unless the Secretary of State determines that: (1) the borrowing country assures compliance with pollution control standards that will protect local environments from damaging industrial practices; or (2) the lending will support an industrial program that has the potential to adversely affect air or water quality or involves hazardous or solid wastes but is designed to protect the environment from damaging industrial practices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Voting Rights Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most fundamental act performed by citizens in our great representative democracy. (2) Citizen participation in local, State, and Federal elections is the primary means to assure representation of many constituent groups in the political process. (3) More than 500,000 Americans who were convicted of felony crimes have served their entire sentence and stand free and clear of incarceration and parole. (4) It is the civic duty of every citizen of the United States to vote in any election in order to guarantee full and fair representation of all interests. (5) Allowing ex-offenders to vote restores them to their role as responsible citizens in this great country whose greatness is strengthened by the civic rehabilitation and participation of all nonvoting citizens. (6) The States of Alaska, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, West Virginia, and Wisconsin, and the District of Columbia, restore the right to vote automatically upon the completion of sentence, including parole. (7) The United States should ensure that the Federal voting rights of a person are restored upon the unconditional release of that person from prison and the completion of sentence, including parole. SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE. (a) In General.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (b) Applicability.--Subsection (a) shall apply to an individual convicted of a criminal offense upon the unconditional release of that individual from incarceration for that offense and the completion of sentence for that offense, including parole. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (2) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) State Laws.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Federal Laws.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).
Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2013'' or the ``ConTACT Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) According to the Centers for Disease Control and Prevention (CDC), each year United States emergency departments treat an estimated 173,285 sports- and recreation-related mild traumatic brain injuries (MTBIs), including concussions, among children and adolescents, from birth to 19 years of age. However, this number does not capture the total number, as many MTBIs go undiagnosed. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many States have adopted concussion management rules and regulations, but many schools lack the resources to implement best practices in concussion diagnosis and management. SEC. 3. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. Part B of title III of the Public Health Service Act 6 (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. ``(a) Guidelines.-- ``(1) By secretary.--Not later than 90 days after issuance of the final report under paragraph (2), the Secretary shall establish guidelines for States on the implementation of best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(2) By panel.--Not later than March 15, 2015, the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention shall issue a final report on best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(3) Student athletes returning to play.--The guidelines under paragraph (1) and the report under paragraph (2) shall address best practices for diagnosis, treatment, and management of MTBIs in student athletes returning to play after an MTBI. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines under subsection (a)(1), the Secretary may make grants to States for purposes of-- ``(A) adopting such guidelines, and disseminating such guidelines to elementary and secondary schools; and ``(B) ensuring that elementary and secondary schools-- ``(i) implement such guidelines; ``(ii) are adequately staffed with athletic trainers and other medical professionals necessary to implement such guidelines; and ``(iii) implement computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate the guidelines under subsection (a)(1) to elementary and secondary schools, and to ensure implementation of such guidelines by such schools, including any strategic partnerships that the State will form; and ``(ii) an agreement by the State to periodically provide data with respect to the incidence of MTBIs and second impact syndrome among student athletes in the State. ``(3) Utilization of high school sports associations and local chapters of national brain injury organizations.--The Secretary shall require States receiving grants under this section to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to MTBIs. ``(d) Report to Congress.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (b) and shall include in such report-- ``(1) the number of States that have adopted the guidelines under subsection (a)(1); ``(2) the number of elementary and secondary schools that have implemented computerized pre-season baseline and post- injury neuro-psychological testing for student athletes; and ``(3) the data collected with respect to the incidence of MTBIs and second impact syndrome among student athletes. ``(e) Definitions.--In this section, the following definitions apply: ``(1) The term `MTBI' means a mild traumatic brain injury. ``(2) The term `school-aged child' means an individual in the range of 5 through 18 years of age. ``(3) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers an MTBI while symptomatic and healing from a previous MTBI. ``(4) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(5) The term `State' means each of the 50 States and the District of Columbia. ``(6) The term `student athlete' means a school-aged child in any of the grades 6th through 12th who participates in a sport through such child's elementary or secondary school. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020.''.
Concussion Treatment and Care Tools Act of 2013 or ConTACT Act of 2013 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish guidelines for states on the implementation of best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, including best practices relating to student athletes returning to play after an MTBI. Requires the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention (CDC) to issue a final report on such best practices by March 15, 2015. Authorizes the Secretary to make grants to states for: (1) adopting, disseminating, and ensuring school implementation of the guidelines; and (2) ensuring elementary and secondary schools implement computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs the Secretary to require states receiving grants to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran and Syria Nonproliferation Enforcement Act of 2006''. SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NONPROLIFERATION ACT OF 2000. (a) Application of Certain Measures.--Section 3 of the Iran and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Application of Measures.--Subject to sections 4 and 5, the President shall apply, for a period of not less than 2 years, the measures described in subsection (b) with respect to-- ``(1) each foreign person identified in a report submitted pursuant to section 2(a); ``(2) all successors, subunits, and subsidiaries of each such foreign person; and ``(3) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, any such foreign person and any successors, subunits, and subsidiaries of such entity.''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Executive order no. 12938 prohibitions.--The measures set forth in subsections (b), (c), and (d) of section 4 of Executive Order 12938.''; (B) in paragraph (2)-- (i) by striking ``to that foreign person''; and (ii) by striking ``to that person''; (C) in paragraph (3), by striking ``to that person''; and (D) by adding at the end the following new paragraphs: ``(4) Investment prohibition.--Prohibition of any new investment by a United States person in property, including entities, owned or controlled by-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; or ``(C) any successor, subunit, or subsidiary of such entity. ``(5) Financing prohibition.--Prohibition of any approval, financing, or guarantee by a United States person, wherever located, of a transaction by-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; or ``(C) any successor, subunit, or subsidiary of such entity. ``(6) Financial assistance prohibition.--Denial by the United States Government of any credit, credit guarantees, grants, or other financial assistance by any department, agency, or instrumentality of the United States Government to-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; and ``(C) any successor, subunit, or subsidiary of such entity.''; and (3) by amending subsection (d) to read as follows: ``(d) Publication in Federal Register.-- ``(1) In general.--The application of measures pursuant to subsection (a) shall be announced by notice published in the Federal Register. ``(2) Content.--Each notice published pursuant to paragraph (1) shall include the name and address (where known) of each person or entity to whom measures have been applied pursuant to subsection (a).''. (b) National Security Waiver.--Section 4 of such Act is amended to read as follows: ``SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY. ``(a) In General.--The President may waive the imposition of any sanction that would otherwise be required under section 3 on any person or entity 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is essential to the national security of the United States. ``(b) Written Justification.--The determination and report of the President under subsection (a) shall include a written justification-- ``(1) describing in detail the circumstances and rationale supporting the President's conclusion that the waiver is essential to the national security of the United States; and ``(2) identifying-- ``(A) the name and address (where known) of the person or entity to whom the waiver is applied pursuant to subsection (a); ``(B) the specific goods, services, or technologies, the transfer of which would have required the imposition of measures pursuant to section 3 if the President had not invoked the waiver authority under subsection (a); and ``(C) the name and address (where known) of the recipient of such transfer. ``(c) Form.--The written justification shall be submitted in unclassified form, but may contain a classified annex.''.
Iran and Syria Nonproliferation Enforcement Act of 2006 - Amends the Iran and Syria Nonproliferation Act respecting the imposition of sanctions under such Act to: (1) apply sanctions for a minimum two-year period; (2) apply sanctions to an identified foreign person, a successor or subsidiary, and an entity controlling more than 50% of such foreign person, successor, or subsidiary (currently, such provision applies only to a foreign person); (3) include among applicable sanctions under Executive Order 12938 certain exemptions for military, medical, or humanitarian purposes; (4) establish investment, financing, and financial assistance prohibitions; and (5) require publication of sanctions applicable to such expanded entities in the Federal Register. Authorizes the President to waive, with congressional notification, the imposition of any sanction for national security purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Shortage Response Act of 2004''. SEC. 2. INCREASED QUALIFIED LOAN AMOUNTS. (a) FFEL Loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following new paragraph: ``(3) Increased amounts for teachers in mathematics, science, or special education.-- ``(A) Service qualifying for increased amounts.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of-- ``(i) a secondary school teacher-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; and ``(II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; ``(ii) an elementary or secondary school teacher-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and ``(III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and ``(iii) an elementary or secondary school teacher who primarily teaches reading and-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and ``(III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading-- ``(aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965; and ``(bb) as having such credential. ``(B) Accelerated payment.--Notwithstanding the requirements of subsection (b)(1) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph, the Secretary shall repay a portion of a borrower's loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: ``(i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; ``(ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; ``(iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and ``(iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. ``(C) Promise to complete service required for accelerated payment.--Any borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. ``(D) Higher poverty enrollment required.--In order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A) of this section, be applied by substituting `40 percent of the total enrollment' for `30 percent of the total enrollment'.''. (b) Direct Loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following new paragraph: ``(3) Increased amounts for teachers in mathematics, science, or special education.-- ``(A) Service qualifying for increased amounts.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of-- ``(i) a secondary school teacher-- ``(I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph; and ``(II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; ``(ii) an elementray or secondary school teacher-- ``(I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph; ``(II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and ``(III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and ``(iii) an elementary or secondary school teacher who primarily teaches reading and-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and ``(III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading-- ``(aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965; and ``(bb) as having such credential. ``(B) Accelerated payment.--Notwithstanding the requirements of subsection (b)(1)(A) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph, the Secretary shall repay a portion of a borrower's loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: ``(i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; ``(ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; ``(iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and ``(iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. ``(C) Promise to complete service required for accelerated payment.--Any borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. ``(D) Higher poverty enrollment required.--In order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A)(i) of this section, be applied by substituting `40 percent of the total enrollment' for `30 percent of the total enrollment'.''. SEC. 3. IMPLEMENTING HIGHLY QUALIFIED TEACHER REQUIREMENTS. (a) Amendments.-- (1) FFEL loans.--Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (A); and (B) by striking subparagraphs (B) and (C) and inserting the following: ``(B) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and''. (2) Direct loans.--Section 460(b)(1)(A) of such Act (20 U.S.C. 1087j(b)(1)(A)) is amended-- (A) by inserting ``and'' after the semicolon at the end of clause (i); and (B) by striking clauses (ii) and (iii) and inserting the following: ``(ii) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and''. (b) Transition Rule.-- (1) Rule.--The amendments made by subsection (a) of this section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as in effect before such date of enactment. (2) Rule not applicable to increased qualified loan amounts.--Paragraph (1) of this subsection shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(b)(3) and 460(b)(3) of the Higher Education Act of 1965 as added by section 2 of this Act. SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS. The Secretary shall-- (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of title VI of the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this Act; and (2) encourage such agencies to notify their teachers of such benefits.
Teacher Shortage Response Act of 2004 - Amends the Higher Education Act of 1965 to increase the amount of student loans that may be forgiven for highly qualified teachers in mathematics, science, and special education and for reading specialists. Directs the Secretary of Education to notify local educational agencies eligible to participate in the Small Rural Achievement Program under the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this Act, and to encourage such agencies to notify their teachers of such increased benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tax-breaks for Oil Profiteering Act'' or the ``STOP Act''. SEC. 2. CAPITAL GAIN OR LOSS FROM SALE OR EXCHANGE OF OIL OR NATURAL GAS AND RELATED COMMODITIES TREATED AS SHORT-TERM CAPITAL GAIN OR LOSS. (a) Gain or Loss on Applicable Commodities.-- (1) In general.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining capital gains and losses) is amended by adding at the end the following new section: ``SEC. 1261. CAPITAL GAIN OR LOSS FROM SALE OR EXCHANGE OF OIL OR NATURAL GAS AND RELATED COMMODITIES TREATED AS SHORT-TERM CAPITAL GAIN OR LOSS. ``(a) General Rule.--If a taxpayer has gain or loss from the sale or exchange of any applicable commodity which, without regard to this section, would be treated as long-term capital gain or loss, such gain or loss shall, notwithstanding any other provision of this title, be treated as short-term capital gain or loss. ``(b) Applicable Commodity.--For purposes of this section-- ``(1) In general.--The term `applicable commodity' means-- ``(A) oil or natural gas (or any primary product of oil or natural gas) which is actively traded (within the meaning of section 1092(d)(1)), ``(B) a specified index (within the meaning of section 1221(b)(1)(B)(ii)) a substantial portion of which is, as of the date the taxpayer acquires its position with respect to such specified index, based on 1 or more commodities described in subparagraph (A), ``(C) any notional principal contract with respect to any commodity described in subparagraph (A) or (B), and ``(D) any evidence of an interest in, or a derivative instrument in, any commodity described in subparagraph (A), (B), or (C), including any option, forward contract, futures contract, short position, and any similar instrument in such a commodity. ``(2) Exception for certain section 1256 contracts.--Such term shall not include a section 1256 contract (as defined in section 1256(b)) which is required to be marked to market under section 1256(a). ``(c) Special Rule for Certain Partnership Interests.--For purposes of this section, if a taxpayer recognizes gain or loss on the sale or exchange of any interest in a partnership, the portion of such gain or loss which is attributable to unrecognized gain or loss with respect to 1 or more applicable commodities shall be treated as short-term capital gain or loss. The preceding sentence shall not apply if the taxpayer is otherwise required to treat such portion of gain or loss as ordinary income or loss. ``(d) Application.--This section shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (2) Conforming amendments.-- (A) Section 1222 of such Code is amended by striking the last sentence thereof. (B) The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1261. Capital gain or loss from sale or exchange of oil or natural gas and related commodities treated as short-term capital gain or loss.''. (b) Application to Section 1256 Contracts.-- (1) In general.--Section 1256(f) of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new paragraph: ``(6) Special rules for certain commodity contracts.-- ``(A) All gain or loss from commodity contracts treated as short-term gain or loss.--In the case of a section 1256 contract which is an applicable commodity, subsection (a)(3) shall be applied to any gain or loss with respect to such contract-- ``(i) by substituting `100 percent' for `40 percent' in subparagraph (A) thereof, and ``(ii) without regard to subparagraph (B) thereof. ``(B) Treatment of mixed straddles.--A taxpayer may not make an election under subsection (d), or an election under the regulations prescribed pursuant to section 1092(b)(2), with respect to any mixed straddle if any position forming a part of such straddle is a section 1256 contract which is an applicable commodity. For purposes of this subparagraph, if any section 1256 contract which is part of a straddle is an applicable commodity, any other section 1256 contract which is part of such straddle shall be treated as an applicable commodity. ``(C) Applicable commodity.--For purposes of this paragraph, the term `applicable commodity' has the meaning given such term by section 1261(b), except that such section shall be applied without regard to paragraph (2) thereof. ``(D) Application.--This paragraph shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (2) Special rule for loss carrybacks.--Section 1212(c) of such Code (relating to carryback of losses from section 1256 contracts to offset prior gains from such contracts) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Special rule for losses all of which are treated as short-term.--If any portion of the net section 1256 contracts loss for any taxable year is attributable to a net loss from contracts to which section 1256(f)(6) applies-- ``(A) this subsection shall be applied first to such portion of such net section 1256 contracts loss and then to the remainder of such loss, and ``(B) in applying this subsection to such portion-- ``(i) notwithstanding paragraph (1)(B), all of the loss attributable to such portion and allowed as a carryback shall be treated as a short-term capital loss, and ``(ii) notwithstanding paragraph (6)(A), all of the loss attributable to such portion and allowed as a carryback shall be treated for purposes of applying paragraph (6) as a short- term capital gain for the loss year.''. (c) Effective Date.--The amendments made by this section shall apply to applicable commodities acquired after August 31, 2009, in taxable years ending after such date. SEC. 3. GAINS AND LOSSES FROM OIL AND NATURAL GAS AND RELATED COMMODITIES TREATED AS UNRELATED BUSINESS TAXABLE INCOME. (a) In General.--Section 512(b) of the Internal Revenue Code of 1986 (relating to modifications to unrelated business taxable income) is amended by adding at the end the following new paragraph: ``(20) Treatment of gains or losses from commodities.-- ``(A) In general.--Notwithstanding paragraph (5) or any other provision of this part-- ``(i) income, gain, or loss of an organization with respect to any applicable commodity shall not be excluded but shall be taken into account as income, gain, or loss from an unrelated trade or business, and ``(ii) all deductions directly connected with such income or gain shall be allowed. ``(B) Exception for ordinary income and losses.-- Subparagraph (A) shall not apply to any income, gain, or loss of an organization which, if not excluded under this title and without regard to subparagraph (A), would be treated as ordinary income or loss. ``(C) Look-thru in the case of foreign corporations.-- ``(i) In general.--If an organization owns directly or indirectly stock in a foreign corporation, the organization's pro rata share of any income, gain, or loss of such corporation (and any deductions directly connected with such income or gain) with respect to 1 or more applicable commodities shall be taken into account under subparagraph (A) in the same manner as if such commodities were held directly by the organization. Any such item shall be taken into account for the taxable year of the organization in which the item arises without regard to whether there was an actual distribution to the organization with respect to the item. For purposes of this clause, the rule under section 1261(c) shall apply in determining the income, gain, or loss of the foreign corporation with respect to applicable commodities. ``(ii) Sale of interests in corporation.-- If a taxpayer recognizes gain or loss on the sale or exchange of any share of stock in a foreign corporation, the portion of such gain or loss which is attributable to unrecognized gain or loss with respect to 1 or more applicable commodities shall be taken into account under subparagraph (A) in the same manner as if such commodities were sold or exchanged directly by the organization. ``(iii) No double counting.--The Secretary shall prescribe such rules as are necessary to ensure that any item of income, gain, loss, or deduction described in clause (i) or (ii) is taken into account only once for purposes of this paragraph. ``(D) Applicable commodity.--For purposes of this paragraph, the term `applicable commodity' has the meaning given such term by section 1261(b), except that such section shall be applied without regard to paragraph (2) thereof. ``(E) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this paragraph, including regulations-- ``(i) to prevent the avoidance of the purposes of this paragraph through the use of pass-thru entities or tiered structures, and ``(ii) to provide that this paragraph shall not apply to ownership interests of organizations in foreign corporations in cases where the income or gain of the foreign corporation from any applicable commodity is otherwise subject to tax imposed by this chapter. ``(F) Application.--This paragraph shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (b) Effective Date.--The amendment made by this section shall apply to applicable commodities acquired after August 31, 2009, in taxable years ending after such date. SEC. 4. STUDY OF TAX TREATMENT OF COMMODITIES AND SECTION 1256 CONTRACTS. (a) Study.--The Secretary of the Treasury, or the Secretary's delegate, shall conduct a study of the Federal income tax treatment of section 1256 contracts under section 1256 of the Internal Revenue Code of 1986 and of applicable commodities under sections 1261, 1256(f)(6), and 512(b)(20) of such Code. Such study shall include an analysis of-- (1) the average annual number of sales or exchanges of such contracts and commodities, including the number of sales and exchanges involving organizations exempt from Federal income taxation under such Code, (2) whether the amendments made by this Act have had any effect on the number or type of such sales and exchanges, (3) the effect of tax policy on the operation of the commodities exchanges and on the demand for, and price of, commodities, particularly with respect to oil and natural gas, and (4) such other matters with respect to such tax treatment as the Secretary determines appropriate. (b) Report.--The Secretary shall, not later than January 1, 2012, report the results of the study conducted under subsection (a) to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, together with such legislative recommendations as the Secretary determines appropriate with respect to the Federal income tax treatment of section 1256 contracts and applicable commodities.
Stop Tax-breaks for Oil Profiteering Act or the STOP Act - Amends the Internal Revenue Code to: (1) treat gain or loss from the sale or exchange of oil or natural gas and related commodities as ordinary income or loss (thus taxed at regular income tax rates); and (2) require certain tax-exempt entities to pay unrelated business tax on gain or loss from the sale or exchange of oil or natural gas and related commodities. Makes such tax treatment applicable to commodities acquired after August 31, 2009, and before January 1, 2014. Directs the Secretary of the Treasury to study and report to Congress on the tax treatment of certain commodities and contracts under section 1256 of the Internal Revenue Code.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Vaccine Incentive Act of 2004'' or the ``FLU-VIA''. SEC. 2. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA VACCINES. (a) In General.-- (1) Vaccines for children program.--Section 1928(d)(3) of the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended-- (A) in subparagraph (B), by striking ``With'' and inserting ``Except as provided in subparagraph (D), with''; and (B) by adding at the end the following new subparagraph: ``(D) Nonapplication to influenza vaccines.--With respect to contracts entered into for the purchase of a pediatric vaccine that is an influenza vaccine, and to the maximum extent practicable, with respect to any other contracts entered into by the Secretary for the purchase of an influenza vaccine, the price for the purchase of such vaccine shall be established without regard to subparagraph (B).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into on or after the date of enactment of this Act. (b) Application to Purchases for Other Federal Programs.--Section 1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as amended by subsection (a), shall apply with respect to the purchase of an influenza vaccine by any Federal agency and in lieu of the price that would otherwise apply to such a purchase under the schedule for the purchase of drugs by the Veterans Administration under section 8126 of title 38, United States Code, under agreements negotiated by the Secretary of Health and Human Services under section 340B of the Public Health Service Act (42 U.S.C. 256b), or otherwise. SEC. 3. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE MANUFACTURING FACILITIES. (a) Influenza Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) 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 influenza vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Influenza Vaccine Manufacturing Facilities Investment Credit.-- ``(1) In general.--For purposes of section 46, the influenza vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(2) Qualified investment.--For purposes of paragraph (1), the qualified investment for any taxable year is the basis of each influenza vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(3) Influenza vaccine manufacturing facilities property.--For purposes of this subsection, the term `influenza vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of influenza vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(4) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(5) Termination.--This subsection shall not apply to any property placed in service after December 31, 2014.''. (b) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any influenza vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(4)'' before the period. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990). SEC. 4. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF DEVELOPING NEW TECHNOLOGIES FOR THE PRODUCTION OF INFLUENZA VACCINES. (a) Findings.--The Senate makes the following findings: (1) 30 years ago, more than a dozen companies produced the influenza vaccine in the United States. As of 2004, only 2 companies make the vaccine for the United States. (2) Currently, the influenza vaccine is grown in eggs through a process that takes approximately 6 months and consumes tens of thousands of eggs. (3) Companies are developing new technologies for the faster and safer production of the influenza vaccine. For example, one manufacturer is testing a process that relies on cell lines from silk moths, a technique that promises to shave the production time by at least a month and reduce the costs significantly. (b) Sense of the Senate.--It is the sense of the Senate that it is prudent to allocate a greater percentage of the amounts appropriated to the National Institutes of Health for research to the development of new technologies for the production of influenza vaccines.
Flu Vaccine Incentive Act of 2004 or FLU-VIA - Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary of Health and Human Services for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine. Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities. Expresses the sense of the Senate supporting increased funding to develop new technologies for the production of influenza vaccines.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Heating Fuels Cost Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR CERTAIN INDIVIDUALS USING HOME HEATING FUELS. (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 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. USE OF HOME HEATING FUELS IN HOMES. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to amounts paid or incurred by the taxpayer during the taxable year for heating oil, natural gas, and propane to heat the principal place of abode of the taxpayer. ``(b) Limitations.-- ``(1) Limitation based on dollar amount.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $1,000 ($2,000 in the case of a joint return). ``(2) Limitation based on adjusted gross income.--No amount shall be allowed as a credit under subsection (a) for a taxable year in the case of a taxpayer whose adjusted gross income exceeds $100,000 ($200,000 in the case of a joint return). ``(c) Eligible Individual.-- ``(1) In general.--For purposes of this section, the term `eligible individual' means any individual whose principal place of abode is in the United States. ``(2) Exception.--Except as provided in paragraph (3), such term shall not include any individual-- ``(A) who is not a citizen or lawful permanent resident of the United States, or ``(B) with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Special rule for married individuals.--In the case of persons married to each other, if one spouse is an eligible individual, the other spouse shall be treated as an eligible individual for purposes of this subsection. ``(d) Denial of Double Benefit.--For purposes of this section, no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Termination.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Conforming Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36,'' after ``35,''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Use of home heating fuels in homes. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. GRANTS TO STATES TO CREATE HOME WEATHERIZATION LOAN PROGRAMS. (a) In General.--The Secretary shall carry out a program to make grants to States in accordance with this section to create revolving loan funds to provide eligible individuals with loans to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual. (b) Establishment of Fund.--To be eligible to receive a grant under this section, a State shall establish a weatherization revolving loan fund (referred to in this section as the ``State loan fund'') and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State. (c) Applications.-- (1) In general.--The Secretary shall issue requirements for applying for grants under this section. (2) Determination of grant amounts.--In determining the amount of the grant awarded to a State, the Secretary shall consider-- (A) the incidence of extreme winter or summer temperatures within the State; (B) the average age of homes within the State; and (C) such other factors as the Secretary determines are appropriate. (d) Program Requirements.-- (1) Use of funds.-- (A) In general.--Amounts deposited in a State loan fund, including loan repayments and interest earned on such amounts, shall be used only for providing loans to eligible individuals to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual. (B) Loan amount limitations.-- (i) Individuals.--Subject to clause (ii), the total amount of all loans made from the State loan fund to an eligible individual during a calendar year may not exceed $5,000. (ii) Dwelling.--The combined amount of all loans made from the State loan fund to eligible individuals living within a single dwelling during a calendar year may not exceed $10,000. (C) Income limitation and interest rates.-- (i) For an eligible individual with adjusted gross income for the previous taxable year of $100,000 or less, the annual interest rate for each loan shall be 1 percent. (ii) For an eligible individual with adjusted gross income for the previous taxable year of more than $100,000 but no more than $200,000, the annual interest rate for each loan shall be 2 percent. (iii) An eligible individual making more than $200,000 is not eligible for a loan made from the State loan fund. (D) Loan repayment.--In order to receive a loan from a State loan fund, an eligible individual must enter into an agreement with the State to repay the full amount of the loan, plus interest, not more than 2 years after the date on which the individual receives the loan funds. (2) Annual report.--Each State receiving a grant under this section shall submit an annual report to the Secretary detailing the use of funds from the State loan fund. (e) Report to Congress.--The Secretary shall submit an annual report to the Congress detailing the distribution of grant funds, including a copy of each report submitted to the Secretary pursuant to subsection (d)(2). (f) Definitions.--For purposes of this section: (1) Eligible individual.--The term ``eligible individual'' means an individual-- (A) whose principal place of abode is in the United States; (B) who is a citizen or lawful permanent resident of the United States; and (C) with respect to whom a deduction under section 151 is not allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (3) Weatherization materials.--The term ``weatherization materials'' means-- (A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications, including, but not limited to-- (i) replacement burners, furnaces, or boilers or any combination thereof; (ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (C) clock thermostats; (D) ceiling, attic, wall, floor, and duct insulation; (E) water heater insulation; (F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials; (G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices; (H) solar thermal water heaters; (I) wood-heating appliances; and (J) such other insulating or energy conserving devices or technologies as the Secretary may determine, after consulting with the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Community Services Administration. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
Home Heating Fuels Cost Relief Act of 2008 - Amends the Internal Revenue Code to allow an income-based refundable tax credit for up to $1,000 ($2,000 in the case of a joint return) of the cost of heating oil, natural gas, and propane to heat a principal residence. Terminates such credit after 2009. Directs the Secretary of the Treasury to make grants to states to create revolving loan funds for home weatherization loans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosing Aid Spent to Ensure Relief Act'' or the ``DISASTER Act''. SEC. 2. FINDINGS. Congress finds the following: (1) At a time of constrained budgets, it is fiscally prudent to understand the amount and the scope of the Federal Government's involvement in providing disaster-related assistance to communities in need. (2) The Federal Government does not provide a single, publicly available estimate of the amount it is spending on disaster-related assistance. (3) Because recovery is a long-term process, providing disaster-related assistance requires significant Federal resources to support a multi-agency, multi-year restoration of infrastructure and commerce in affected communities. (4) Understanding the expenditures of individual Federal agencies for disaster-related assistance will help better inform the congressional appropriations process, as well as presidential budget requests. (5) Knowledge about disaster-related expenses will illustrate opportunities for reducing these expenses through efforts to reduce vulnerabilities to future natural disasters. SEC. 3. PURPOSE. The purpose of this Act is to require the Director of the Office of Management and Budget to annually submit to Congress a report on all disaster-related assistance provided by the Federal Government. SEC. 4. REPORTING OF DISASTER-RELATED ASSISTANCE. (a) In General.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1126. Reporting of disaster-related assistance ``(a) In General.--On the same day that the President makes the annual budget submission to the Congress under section 1105(a) for a fiscal year, the Director of the Office of Management and Budget shall submit to Congress a report on Federal disaster-related assistance for the fiscal year ending in the calendar year immediately preceding the calendar year in which the annual budget submission is made. Disaster- related assistance encompasses Federal obligations related to disaster response, recovery, and mitigation efforts, as well as administrative costs associated with these activities, including spending by the following agencies and programs: ``(1) Department of Agriculture: ``(A) Agriculture Research Service. ``(B) Farm Service Agency. ``(C) Food and Nutrition Service. ``(D) Natural Resource Conservation Service. ``(E) Forest Service. ``(F) Rural Housing Service. ``(G) Rural Utilities Service. ``(2) Department of Commerce: ``(A) National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. ``(B) Economic Development Administration Economic Adjustment Assistance. ``(3) Army Corps of Engineers of the Department of Defense (Civil). ``(4) Department of Defense (Military): ``(A) Military Personnel. ``(B) Operations and Maintenance. ``(C) Procurement. ``(D) Research, Development, Test, and Evaluation. ``(E) Military Construction (MILCON) and Family Housing. ``(F) Management Funds. ``(G) Other Department of Defense Programs. ``(5) Department of Education: ``(A) Elementary and Secondary Education. ``(B) Higher Education. ``(6) Department of Health and Human Services: ``(A) Administration for Children and Families. ``(B) Public Health and Medical Assistance. ``(C) Public Health Emergency Fund. ``(7) Department of Homeland Security: ``(A) Federal Emergency Management Agency: ``(i) Emergency Declarations. ``(ii) Fire Management Assistance Grants. ``(iii) Major Disaster Declarations. ``(iv) Administrative Assistance. ``(B) FEMA Missions Assignments by Federal Agency. ``(C) Community Disaster Loan Program. ``(8) Department of Housing and Urban Development (HUD): ``(A) Community Development Block Grants. ``(B) Rental Assistance/Section 8 Vouchers. ``(C) Supportive Housing. ``(D) Public Housing Repair. ``(E) Inspector General. ``(9) Department of the Interior: ``(A) Bureau of Indian Affairs. ``(B) United States Fish and Wildlife Service. ``(C) National Park Service. ``(D) Wildland Fire Management. ``(10) Department of Justice: ``(A) Legal Activities. ``(B) United States Marshals Service. ``(C) Federal Bureau of Investigation. ``(D) Drug Enforcement Administration. ``(E) Bureau of Tobacco, Firearms, and Explosives. ``(F) Federal Prison System (Bureau of Prisons). ``(G) Office of Justice Programs. ``(11) Department of Labor: ``(A) National Emergency Grants for Dislocation Events. ``(B) Workforce Investment Act (WIA) Dislocated Worker Program. ``(12) Department of Transportation: ``(A) Federal Highway Administration: Emergency Relief Program (ER). ``(B) Federal Aviation Administration (FAA). ``(C) Federal Transit Administration (FTA). ``(13) Department of the Treasury: Internal Revenue Service. ``(14) Department of Veterans Affairs. ``(15) Corporation for National and Community Service. ``(16) Environmental Protection Agency: ``(A) Hurricane Emergency Response Authorities. ``(B) EPA Hurricane Response. ``(C) EPA Regular Appropriations. ``(17) The Federal Judiciary. ``(18) Disaster Assistance Program of the Small Business Administration. ``(19) Other authorities as appropriate. ``(b) Content.--The report shall detail the following: ``(1) Overall amount of disaster-related assistance obligations during the fiscal year. ``(2) Disaster-related assistance obligations by agency and account. ``(3) Disaster for which the spending was obligated. ``(4) Obligations by disaster. ``(5) Disaster-related assistance by disaster type. ``(6) Response and recovery spending. ``(7) Mitigation spending. ``(8) Spending in the form of loans. ``(9) Spending in the form of grants. ``(c) Availability of Report.--The report shall be made publicly available on the website of the Office of Management and Budget and should be searchable, sortable and downloadable.''. (b) Conforming Amendment.--The table of chapters for chapter 11 of title 31, United States Code, is amended by adding at the end the following new item: ``1126. Reporting of disaster-related assistance.''. SEC. 5. EFFECTIVE DATE. The reporting requirement under the amendment made by section 3(a) shall take effect with the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2017.
Disclosing Aid Spent to Ensure Relief Act or the DISASTER Act - Requires the Director of the Office of Management and Budget (OMB) to submit annually to Congress a report on all disaster-related assistance provided by the federal government. Requires the report to include all federal obligations related to disaster response, recovery, mitigation efforts, and administrative costs associated with these activities for specified agencies and programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Premature birth is a serious and growing problem. The rate of preterm birth increased 27 percent between 1981 and 2001 (from 9.4 percent to 11.9 percent). In 2001, more than 476,000 babies were born prematurely in the United States. (2) Preterm birth accounts for 23 percent of deaths in the first month of life. (3) Premature infants are 14 times more likely to die in the first year of life. (4) Premature babies who survive may suffer lifelong consequences, including cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. (5) Preterm and low birthweight birth is a significant financial burden in health care. The estimated charges for hospital stays for infants with any diagnosis of prematurity/ low birthweight were $11,900,000,000 in 2000. The average lifetime medical costs of a premature baby are conservatively estimated at $500,000. (6) The proportion of preterm infants born to African- American mothers (17.3 percent) was significantly higher compared to the rate of infants born to white mothers (10.6 percent). Prematurity or low birthweight is the leading cause of death for African-American infants. (7) The cause of approximately half of all premature births is unknown. (8) Women who smoke during pregnancy are twice as likely as nonsmokers to give birth to a low birthweight baby. Babies born to smokers weigh, on average, 200 grams less than nonsmokers' babies. (9) To reduce the rates of preterm labor and delivery more research is needed on the underlying causes of preterm delivery, the development of treatments for prevention of preterm birth, and treatments improving outcomes for infants born preterm. (b) Purposes.--It the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of NIH Research.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, infant mortality, and improving the care and treatment of preterm and low birthweight infants. ``(b) Authorization of Research Networks.--There shall be established within the National Institutes of Health a Maternal-Fetal Medicine Units Network and a Neonatal Research Units Network. In complying with this subsection, the Director of NIH shall utilize existing networks. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. (b) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Director of the Centers for Disease Control and Prevention shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (c) Study on Assisted Reproduction Technologies.--Section 1004(c) of the Children's Health Act of 2000 (Public Law 106-310) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) consider the impact of assisted reproduction technologies on the mother's and children's health and development.''. (d) Study on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall conduct a study on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report concerning the results of the study conducted under paragraph (1). (e) Review of Pregnancy Risk Assessment Monitoring Survey.--The Director of the Centers for Disease Control and Prevention shall conduct a review of the Pregnancy Risk Assessment Monitoring Survey to ensure that the Survey includes information relative to medical care and intervention received, in order to track pregnancy outcomes and reduce instances of preterm birth. (f) Study on the Health and Economic Consequences of Preterm Birth.-- (1) In general.--The Director of the National Institutes of Health in conjunction with the Director of the Centers for Disease Control and Prevention shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to define and address the health and economic consequences of preterm birth. In conducting the study, the Institute of Medicine shall-- (A) review and assess the epidemiology of premature birth and low birthweight, and the associated maternal and child health effects in the United States, with attention paid to categories of gestational age, plurality, maternal age, and racial or ethnic disparities; (B) review and describe the spectrum of short and long-term disability and health-related quality of life associated with premature births and the impact on maternal health, health care and quality of life, family employment, caregiver issues, and other social and financial burdens; (C) assess the direct and indirect costs associated with premature birth, including morbidity, disability, and mortality; (D) identify gaps and provide recommendations for feasible systems of monitoring and assessing associated economic and quality of life burdens associated with prematurity; (E) explore the implications of the burden of premature births for national health policy; (F) identify community outreach models that are effective in decreasing prematurity rates in communities; (G) consider options for addressing, as appropriate, the allocation of public funds to biomedical and behavioral research, the costs and benefits of preventive interventions, public health, and access to health care; and (H) provide recommendations on best practices and interventions to prevent premature birth, as well as the most promising areas of research to further prevention efforts. (2) Report.--Not later than 1 year after the date on which the contract is entered into under paragraph (1), the Institute of Medicine shall submit to the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the appropriate committees of Congress a report concerning the results of the study conducted under such paragraph. (g) Evaluation of National Core Performance Measures.-- (1) In general.--The Administrator of the Health Resources and Services Administration shall conduct an assessment of the current national core performance measures and national core outcome measures utilized under the Maternal and Child Health Block Grant under title V of the Social Security Act (42 U.S.C. 701 et seq.) for purposes of expanding such measures to include some of the known risk factors of low birthweight and prematurity, including the percentage of infants born to pregnant women who smoked during pregnancy. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. 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. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, shall conduct a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) shall include the establishment of programs-- ``(1) to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(C) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; and ``(E) stress management; and ``(2) to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight. ``(c) Requirement.--Any program or activity funded under this section shall be evidence-based. ``(d) NICU Family Support Programs.--The Secretary shall conduct, through the awarding of grants to public and nonprofit private entities, projects to respond to the emotional and informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death. Activities under such projects may include providing books and videos to families that provide information about the neonatal intensive care unit experience, and providing direct services that provide emotional support within the neonatal intensive care unit setting. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of-- (1) the agencies of the Department of Health and Human Services; and (2) voluntary health care organizations, including grassroots advocacy organizations, providers of specialty obstetrical and pediatric care, and researcher organizations. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services on current Departmental activities relating to prematurity and low birthweight; (2) plan and hold a conference on prematurity and low birthweight under the sponsorship of the Surgeon General; (3) establish a consensus research plan for the Department of Health and Human Services on prematurity and low birthweight; (4) report to the Secretary of Health and Human Services and the appropriate committees of Congress on recommendations derived from the conference held under paragraph (2) and on the status of Departmental research activities concerning prematurity and low birthweight; (5) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (6) oversee the coordination of the implementation of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of fiscal years 2004 through 2008.
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - Amends the Public Health Service Act to require both the National Institutes of Health (NIH) and the Centers for Disease Control (CDC) to expand and coordinate research relating to preterm labor and delivery and infant mortality. Establishes within NIH two networks: a Maternal-Fetal Medicine Units Network and a Neonatal Research Unit Network. Requires the Director of the CDC to study and report on the relationship between prematurity, birth defects, and developmental disabilities as well as review the Pregnancy Risk Assessment Monitoring Survey. Requires the Director of NIH to contract with the Institute of Medicine of the National Academy of Sciences for a study on the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration to assess the current national core performance and outcome measures under the Maternal and Child Health Block Grant with the goal of expanding them to include known risk factors of low birthweight and prematurity such as smoking by pregnant women. Requires the Secretary of Health and Human Services to make grants for a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. Funds grants for projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit (nicu). Establishes an Interagency Coordinating Council on Prematurity and Low Birthweight.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Limpopo River Debt Relief and Reconstruction Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Beginning on February 9, 2000, the southern African countries of Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe began to experience severe flooding caused by days of heavy rain and cyclones, and the Republic of Mozambique bore the brunt of these torrential rains and experienced the worst flooding in 50 years. (2) Flooding along the Limpopo River in Mozambique is particularly severe. (3) The extent of the death and destruction caused by these floods is still unknown. (4) Because of the floods, there are hundreds of thousands of homeless people living in camps in these countries. These displaced people are in desperate need of food, clean water, medicine, blankets and tents. (5) Many of these countries' roads and bridges have been completely washed out, and their infrastructure has been severely damaged. (6) These countries need long-term economic and technical assistance for the repair and reconstruction of roads and bridges, schools and hospitals, energy infrastructure, telecommunications facilities and other essential infrastructure. (7) The governments of these countries cannot adequately address the immediate needs of displaced people or invest in long-term development while continuing to make debt payments to foreign governments. (8) Debt cancellation and reconstruction assistance are essential to allow these countries to provide for the needs of their people, repair their damaged infrastructure and rebuild their economies. TITLE I--DEBT RELIEF SEC. 101. BILATERAL DEBT FORGIVENESS. (a) Cancellation of Debt.--Subject to amounts provided in advance in appropriations Acts, the President shall cancel all amounts owed to the United States (or any agency of the United States) by eligible countries (as defined in section 301) as a result of concessional and nonconcessional loans made, guarantees or insurance issued, or credits extended under any provision of law. (b) Special Provisions.-- (1) Cancellation of debt not considered to be assistance.-- Except as the President may otherwise determine for reasons of national security, a cancellation of debt under subsection (a) shall not be considered to be assistance for purposes of any provision of law limiting assistance to a country. (2) Inapplicability of certain prohibitions relating to cancellation of debt.--The authority to provide for cancellation of debt under subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or any similar provision of law. (3) Other debt cancellation authorities.--The authority to cancel debt under subsection (a) is in addition to the authority to cancel debt under any other provision of law and does not in any way limit or otherwise affect such other authority. (c) Authorization of Appropriations.--For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the cancellation of any debt under subsection (a), there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2001 and 2002. SEC. 102. DEBT FORGIVENESS BY PARIS CLUB MEMBERS. The Congress urges the President to use the influence of the United States within the Paris Club of Official Creditors to urge each nation that is a member of the Paris Club of Official Creditors to cancel all debt owed to the nation by the government of any eligible country. SEC. 103. DEBT FORGIVENESS BY INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development, the International Monetary Fund, the African Development Bank, and the African Development Fund to use the voice, vote, and influence of the United States to urge their respective institutions to cancel all debt owed to the institution by the government of any eligible country. TITLE II--RECONSTRUCTION AID SEC. 201. BILATERAL AID. Chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) is amended by adding at the end the following: ``Sec. 495L. Southern Africa Relief and Reconstruction Assistance.-- ``(a) Authorization of Assistance.--The President is authorized to provide assistance for relief, reconstruction, and related recovery activities in southern Africa as a result of the severe flooding that began on February 9, 2000, in the southern African nations of Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe. Assistance under this subsection shall be provided on a grant basis. ``(b) Policies and Authorities To Be Applied.--Assistance under subsection (a) shall be furnished in accordance with the policies and general authorities contained in section 491. ``(c) Authorization of Appropriations.--In addition to amounts otherwise available for carrying out subsection (a), there are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2001 and 2002.''. SEC. 202. AID BY PARIS CLUB MEMBERS. The Congress urges the President to use the influence of the United States within the Paris Club of Official Creditors to urge each country that is a member of the Paris Club of Official Creditors to provide grants to the government of each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. SEC. 203. AID BY INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development, the International Monetary Fund, the African Development Bank, and the African Development Fund to use the voice, vote, and influence of the United States to urge their respective institutions to provide grants to the government of each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. TITLE III--ELIGIBLE COUNTRIES SEC. 301. DEFINITION OF ELIGIBLE COUNTRY. In this Act, the term ``eligible country'' means Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe.
(Sec. 101) Provides that cancellation of debt shall not be considered to be assistance for purposes of any law limiting assistance to a country. Authorizes appropriations. (Sec. 102) Urges the President to use U.S. influence within the Paris Club of Official Creditors to urge each nation that is a member to the Club to cancel all debt owed to the nation by an eligible country. (Sec. 103) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at specified international financial institutions to use the U.S. vote to urge such institutions to cancel all debt owed to it by any eligible country. Title II: Reconstruction Aid - Amends the Foreign Assistance Act of 1961 to authorize the President to provide grant assistance for relief, reconstruction, and related recovery activities in southern Africa, in particular the eligible countries, as a result of the severe flooding that began on February 9, 2000. (Sec. 201) Authorizes appropriations. (Sec. 202) Urges the President to use U.S. influence within the Paris Club of Official Creditors to urge each country that is a member of the Club to provide grants to each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. (Sec. 203) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at specified international financial institutions to use the U.S. vote to urge such institutions to provide grants to each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. Title III: Eligible Countries - Defines "eligible country" to mean Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Peninsula Wilderness Designation Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``land'' means lands, waters, and interests therein; (2) The term ``public lands'' means land situated in Alaska which, after the date of enactment of this Act, the title is in the United States, except-- (A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provisions of Federal law; and (B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished. (3) The term ``Native Corporation'' means any Regional Corporation, any Village Corporation, any Native group and those Native entities which have incorporated pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(3)). (4) The term ``Regional Corporation'' has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act. (5) The term ``Village Corporation'' has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act. (6) The term ``Native group'' has the same meaning as such term has under sections 3(d) and 14(h)(2) of the Alaska Native Claims Settlement Act. (7) The term ``Secretary'' means the Secretary of the Interior. (8) The term ``Alaska Statehood Act'' means the Act entitled ``An Act to provide for the admission of the State of Alaska into the Union'', approved July 7, 1958 (72 Stat. 339), as amended. (9) The term ``State'' means the State of Alaska. (10) The term ``Koniag'' means Koniag, Incorporated, a Regional Corporation. (11) The term ``Selection Rights'' means those rights granted to Koniag pursuant to sections 12(a), 12(b), and 14(h)(8) of the Alaska Native Claims Settlement Act (85 Stat. 688), as amended, to receive title to the oil and gas rights and other interests in the subsurface estate of approximately two hundred and seventy-five thousand acres of public lands in the State of Alaska which lands are identified as ``Koniag Selections'' on the map entitled ``Koniag Interest Lands, Alaska Peninsula'', dated May 1989. (12) The term ``agency'' includes-- (A) any instrumentality of the United States; (B) any element of an agency; and (C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. (13) The term ``property'' has the same meaning as is provided the term in section 12(b)(7) of Public Law 94-9204 (43 U.S.C. 1611 note), as amended.''. SEC. 3. DESIGNATION OF WILDERNESS. (a) Designation of Wilderness.--The public lands within the boundaries depicted as ``Proposed Wilderness'' on the following identified maps are hereby designated as wilderness, and therefore as components of the National Wilderness Preservation System, with the nomenclature and approximate acreage as indicated below: (1) Aniakchak Wilderness of approximately five hundred and three thousand acres within the Aniakchak National Monument and Preserve and which is generally depicted upon the map entitled ``Aniakchak Wilderness'' dated July 1992. (2) Alaska Peninsula Wilderness of approximately one million eight hundred and seventy-six thousand acres within the Alaska Peninsula National Wildlife Refuge and which is generally depicted upon the map entitled ``Alaska Peninsula Wilderness'' dated July 1992. (3) Approximately three hundred and forty-seven thousand acres within the Becharof National Wildlife Refuge as an addition to the existing Becharof Wilderness, as generally depicted upon the map entitled ``Becharof Additional Wilderness'' dated July 1992. (b) Map and Legal Description.--As soon as practicable after the enactment of this Act, a map and legal description of each wilderness area designated by this Act shall be published in the Federal Register and filed with the Committee on Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Each such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description and map. A copy of each map shall be available for public inspection in an appropriate office of the National Park Service and the Fish and Wildlife Service, Department of the Interior. (c) Lands Included.--Except for those lands subject to Koniag Selection Rights which are subsequently relinquished pursuant to section 5, only those lands within the boundaries of any wilderness area which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such area. No lands within the boundaries of any wilderness area designated pursuant to section 3(a) hereof and which, before, on, or after the date of enactment of this Act, are conveyed to the State, to any Native Corporation, or to any private party, shall be subject to the regulations applicable solely to public lands within such wilderness areas. Any lands subject to Koniag Selection Rights relinquished to the United States pursuant to section 5 which are within the boundaries of a wilderness area designated by this Act shall become part of such wilderness areas and be administered accordingly. SEC. 4. MANAGEMENT OF WILDERNESS AREAS. (a) Generally.--Except as provided in subsection (b) of this section, and subject to valid existing rights, the lands designated as Aniakchak Wilderness by this Act shall be managed by the Secretary of the Interior in the same manner as the lands designated as wilderness by section 701 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), and the other lands designated as wilderness by this Act shall be managed by such Secretary in the same manner as the lands designated as wilderness by section 702 of such Act. (b) Permits.--(1) Any special use or concession permit which was in existence during 1991 for operations on lands designated as wilderness by this Act and which except for designation of such lands as wilderness could have remained in effect or been renewed by or reissued to the same permittee, may be renewed or reissued to such permittee, subject to the provisions of this subsection. (2) Nothing in this Act shall require renewal or reissuance of a permit if the Secretary, for reasons other than the designation of lands as wilderness, determines that such action would be inconsistent with applicable law or established regulations. Nothing in this Act shall preclude the Secretary from canceling or otherwise restricting any permit for any reason other than the designation of lands as wilderness. (3) No renewal or reissuance of a permit described in paragraph (1) of this subsection shall be for a period longer than the lifetime of the permittee, and no such permit shall be transferable or assignable. (4) Designation of lands as wilderness shall not prevent any structures and other improvements authorized by a permit described in paragraph (1), including cabins, from continuing to be used, maintained, and if necessary, replaced, to the extent otherwise permissible, but no additional structures or other improvements shall be permitted on lands so designated. SEC. 5. ACQUISITION OF KONIAG SELECTION RIGHTS. (a) In General.--(1) If the Secretary receives from Koniag a timely tender of relinquishment of the Selection Rights, the Secretary shall accept such tender no later than 60 days after its receipt, and shall notify the Secretary of the Treasury of such acceptance. (2) For purposes of this subsection, a tender by Koniag shall be timely if it is received by the Secretary no later than 180 days after either-- (A) receipt by Koniag of the Secretary's determination of the value of the Selection Rights pursuant to subsection (b) of this section, or (B) the outcome of the procedures established by subsection (b) of this section for resolution of any dispute regarding such value, whichever last occurs, unless the Secretary and Koniag agree to modify his deadline. (b) Value.--(1) The value of the Selection Rights shall be equal to the fair market value of the oil and gas interests, and where appropriate the fair market value of the subsurface estate of the lands or interests in lands. (2) Within 90 days after the date of enactment of this Act, Koniag and the Secretary shall meet to determine the identity of a qualified appraiser who shall perform an appraisal of the Selection Rights in conformity with the standards of the Appraisal Foundation and utilizing the methodology customarily used by the Minerals Management Service of the Department of the Interior in valuing such interests. Such appraiser shall be selected by the mutual agreement of Koniag and the Secretary, or if such agreement is not reached within 60 days after such initial meeting, then Koniag and the Secretary, no later than 90 days after such initial meeting, shall each designate an appraiser who is qualified to perform the appraisal. The 2 appraisers so identified shall select a third qualified appraiser who shall perform the appraisal. Within 180 days after the selection of the third appraiser, a written appraisal report setting out the value of the Selection Rights and the methodology used to arrive at it, shall be delivered to the Secretary and to Koniag. (3) Within 60 days after the receipt of the appraisal report described in paragraph (2), the Secretary shall determine the value of the Selection Rights and shall immediately notify Koniag of such determination. If Koniag does not agree with the value as determined by the Secretary, the procedures specified in section 206(d) of Public Law 94-579, as amended, shall be used to establish the value, but the average value per acre of the Selection Rights shall not be more than $300. SEC. 6. KONIAG ACCOUNT. (a) Establishment.--(1) Notwithstanding any other provision of law, on October 1, 1996, the Secretary of the Treasury, in consultation with the Secretary, shall establish a Koniag Account. (2) Beginning on October 1, 1996, the balance of the account shall-- (A) be available to Koniag for bidding on and purchasing property sold at public sale, subject to the conditions described in paragraph (3); and (B) remain available until expended. (3)(A) Koniag may use the account established under paragraph (1) to bid as any other bidder for property (wherever located) at any public sale by an agency and may purchase the property in accordance with applicable laws and regulations of the agency offering the property for sale. Notwithstanding any other provision of law, the right to draw against such account shall be assignable in whole or in part by Koniag, but no assignment shall be recognized by the Secretary of the Treasury until written notice thereof is filed with the Secretary of the Treasury and the Secretary of the Interior by Koniag. (B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the account established by the Secretary of the Treasury under paragraph (1). The Secretary of the Treasury shall adjust the balance of the account to reflect the transaction. (C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the account established under paragraph (1) to-- (i) receive deposits; (ii) make deposits into escrow when an escrow is required for the sale of any property; and (iii) reinstate to the account any unused escrow deposits in the event sales are not consummated. (b) Amount.--The initial balance of the account established in subsection (a) shall be equal to the value of the Selection Rights as determined pursuant to section 5 of this Act. (c) Treatment of Amounts From Account.--(1) The Secretary of the Treasury shall deem as cash payments any amount tendered from the account established pursuant to subsection (a) and received by agencies as proceeds from a public sale of property, and shall make any transfers necessary to allow an agency to use the proceeds in the event an agency is authorized by law to use the proceeds for a specific purpose. (2)(A) Subject to subparagraph (B), the Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Alaska native corporation authorized by law as of the date of enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). (B) Amounts in an account created for the benefit of a specific Alaska native corporation may not be used to satisfy the property purchase obligations of any other Alaska native corporation. (d) Revenues.--The Selection Rights shall be deemed to be an interest in the subsurface for purposes of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
Alaska Peninsula Wilderness Designation Act of 1993 - Designates the following lands in Alaska as components of the National Wilderness Preservation System: (1) the Aniakchak Wilderness within the Aniakchak National Monument and Preserve; (2) the Alaska Peninsula Wilderness within the Alaska Peninsula National Wildlife Refuge; and (3) the addition of specified lands within the Becharof National Wildlife Refuge to the Becharof Wilderness. Provides for the relinquishment of Koniag, Inc., Selection Rights (oil and gas rights) to specified lands in Alaska in exchange for Certificates of Value which could be used only with respect to Outer Continental Shelf oil and gas leases.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Public-Private Partnership Act of 1993''. SEC. 2. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT PROGRAM. The Secretary shall establish a program to make grants to-- (1) businesses and consortia-- (A) to pay start-up costs incurred to provide child care services needed by the employees of such businesses; or (B) to provide additional child care services needed by the employees of such businesses, other than services provided prior to the period for which the grant is made; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide child care services. SEC. 3. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 2, a business, nonprofit business organization, or consortium shall submit an application to the Secretary in accordance with section 4. SEC. 4. APPLICATION. In submitting an application referred to in section 3, a business, nonprofit business organization, or consortium shall submit the application at such time, in such form, and containing such information as the Secretary may require by rule, except that such application shall contain-- (1) an assurance that the applicant shall make available, with respect to the costs to be incurred by the applicant in carrying out the activities for which such grant is made, non- Federal contributions in an amount equal to not less than $2 for every $1 of Federal funds provided under the grant; (2) an assurance that such applicant will expend such grant for the use specified in paragraph (1) or (2) of section 2, as the case may be; (3) an assurance that such applicant will employ strategies to ensure that child care services provided by such applicant, or provided with the technical information and assistance made available by such applicant, are provided at affordable rates, and on an equitable basis, to low- and moderate-income employees; (4) an assurance that such applicant-- (A) in the case of a business or consortium, will comply with all State and local licensing requirements applicable to such business or consortium concerning the provision of child care services; or (B) in the case of a nonprofit business organization, will employ procedures to ensure that technical information and assistance provided under this Act by such business organization will be provided only to businesses that comply with the requirements described in subparagraph (A); and (5) in the case of a business or consortium, an assurance that if the employees of such applicant do not require all the child care services for which such grant and the funds required by paragraph (1) are to be expended by such applicant, the excess of such child care services shall be made available to families in the community in which such applicant is located. SEC. 5. SELECTION OF GRANTEES. For purposes of selecting applicants to receive grants under this Act, the Secretary shall give priority to businesses that have fewer than 100 full-time employees. To the extent practicable, the Secretary shall-- (1) make grants equitably under this Act to applicants located in all geographical regions of the United States; and (2) give priority to applicants for grants under section 2(1). SEC. 6. DEFINITIONS. As used in this Act: (1) Business.--The term ``business'' means a person engaged in commerce whose primary activity is not providing child care services. (2) Child care services.--The term ``child care services'' means care for a child that is-- (A) provided on the site at which a parent of such child is employed or at a site nearby in the community; and (B) subsidized at least in part by the business that employs such parent. (3) Consortium.--The term ``consortium'' means-- (A) two or more businesses acting jointly; or (B) two or more businesses and a nonprofit private organization, acting jointly. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997.
Child Care Public-Private Partnership Act of 1993 - Directs the Secretary of Health and Human Services to establish a business-incentive grant program to provide child care through public-private partnerships. Provides program grants to cover not more than one-third of the costs for: (1) businesses or consortia (two or more businesses acting jointly, which may also include a nonprofit private organization) to start up, or provide additional, employee child care services; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide employee child care services. Requires: (1) provision of such services equitably and affordably to low- and moderate-income employees; and (2) compliance with State and local licensing requirements. Gives priority in grant selection to businesses with fewer than 100 full-time employees and to business and consortia applications. Requires equitable geographic distribution. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Compact-Impact Reimbursement Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii. (2) Congress declared that if any adverse consequences to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences. (3) The Government Accountability Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (4) By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (5) Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (b) Purpose.--It is the purpose of this Act to address the unfunded mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact. SEC. 3. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES REIMBURSEMENT AS PART OF COMPACT-IMPACT AID. (a) In General.--Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as follows: ``(6) Impact costs.-- ``(A) Authorization and continuing appropriations.-- ``(i) In general.--There is hereby authorized and appropriated to the Secretary of the Interior, for each fiscal year from 2012 through 2024, $185,000,000 for grants to Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. ``(ii) Awarding.--The grants under clause (i) shall be-- ``(I) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and ``(II) used only for health, educational, social, or public safety services, or infrastructure related to such services, specially affected by qualified nonimmigrants. ``(iii) Enumeration.--For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. The enumerations-- ``(I) shall be conducted at such intervals as the Secretary of the Interior shall determine, but not less frequently than once every five years, beginning in fiscal year 2012; and ``(II) shall be supervised by the United States Bureau of the Census or any other organization that the Secretary of the Interior selects. ``(iv) Allocation.--The Secretary of the Interior shall allocate to each of the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified immigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions. ``(B) Treatment of certain health care impact costs.--Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)-- ``(i) such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104-193, as amended; ``(ii) the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service Facility; and ``(iii) payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act. ``(C) Qualified nonimmigrant defined.--In this paragraph, term `qualified nonimmigrant' means a person admitted to the United States pursuant to-- ``(i) section 141 of the Compact of Free Association set forth in title II; or ``(ii) section 141 of the Compact of Free Association between the United States and the Government of Palau.''. (b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished during or after fiscal year 2012.
Compact-Impact Reimbursement Act of 2011 - Amends the Compact of Free Association Act of 1985 to authorize and appropriate FY2012-FY2014 funds to the Secretary of the Interior for grants to Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa for the costs of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. Directs the Secretary to provide for periodic enumerations of qualified nonimmigrants in Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. Defines "qualified nonimmigrant" as a person admitted to the United States pursuant to: (1) section 141 of the Compact of Free Association set forth in title II, or (2) section 141 of the Compact of Free Association between the United States and the government of Palau.
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SECTION 1. FINDING AND POLICY. (a) Finding.--Congress makes the following findings: (1) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the executive branch of the United States Government to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to national security, work more closely with other governments to develop a global response to this threat, and use aggressively and creatively all legal means available to combat international crime. (2) Executive Order No. 12978 of October 21, 1995, provides for the use of the authorities in the International Emergency Economic Powers Act (IEEPA) to target and sanction four specially designated narcotics traffickers and their organizations which operate from Colombia. (b) Policy.--It should be the policy of the United States to impose economic and other financial sanctions against foreign international narcotics traffickers and their organizations worldwide. SEC. 2. PURPOSE. The purpose of this Act is to provide for the use of the authorities in the International Emergency Economic Powers Act to sanction additional specially designated narcotics traffickers operating worldwide. SEC. 3. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS TRAFFICKERS. (a) Preparation of List of Names.--Not later than January 1, 2000 and not later than January 1 of each year thereafter, the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, shall transmit to the Director of National Drug Control Policy a list of those individuals who play a significant role in international narcotics trafficking as of that date. (b) Review by Director of National Drug Control Policy.--Not later than February 1, 2000 and not later than February 1 of each year thereafter, the Director of National Drug Control Policy shall transmit to the President the list submitted that year to the Director under subsection (a) to the President, together with his recommendations for the inclusion in, or exclusion from, the list of specific individuals. (c) Exclusion of Certain Persons From List.-- (1) In general.--Notwithstanding any other provision of this section, neither the list described in subsections (a) and (b) nor the accompanying recommendations of the Director of National Drug Control Policy under subsection (b) shall include the name of any individual if the Director of Central Intelligence determines that the disclosure of that person's role in international narcotics trafficking could compromise United States intelligence sources or methods. The Director of Central Intelligence shall advise the President when a determination is made to withhold an individual's identity under this subsection. (2) Reports.--In each case in which the Director of Central Intelligence has made a determination under paragraph (1), the President shall submit a report in classified form to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Represent setting forth the reasons for the determination. (d) Designation of Individuals as Threats to the United States.-- The President shall determine not later than March 1 of each year whether or not to designate persons on the list transmitted to the President that year as persons constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. The President shall notify the Secretary of the Treasury of any person designated under this subsection. If the President determines not to designate any person on such list as such a threat, the President shall submit a report to Congress setting forth the reasons therefore. (e) Changes in Designations of Individuals.-- (1) Additional individuals designated.--If at any time after March 1 of a year, but prior to January 1 of the following year, the President determines that a person is playing a significant role in international narcotics trafficking and has not been designated under subsection (d) as a person constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the President may so designate the person. The President shall notify the Secretary of the Treasury of any person designated under this paragraph. (2) Removal of designations of individuals.--Whenever the President determines that a person designated under subsection (d) or paragraph (1) of this subsection no longer poses an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the person shall no longer be considered as designated under that subsection. (f) References.--Any person designated under subsection (d) or (e) may be referred to in this Act as a ``specially designated narcotics trafficker''. SEC. 4. BLOCKING ASSETS. (a) Finding.--Congress finds that a national emergency exists with respect to any individual who is a specially designated narcotics trafficker. (b) Blocking of Assets.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the date of designation of a person as a specially designated narcotics trafficker, there are hereby blocked all property and interests in property that are, or after that date come, within the United States, or that are, or after that date come, within the possession or control of any United States person, of-- (1) any specially designated narcotics trafficker; (2) any person who materially assists in, provides financial or technological support for, or provides goods or services in support of, the narcotics trafficking activities of a specially designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, to be owned or controlled by, or to act for or on behalf of, a specially designated narcotics trafficker. (c) Prohibited Acts.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act or in any regulation, order, directive, or license that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the effective date, the following acts are prohibited: (1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any specially designated narcotics trafficker. (2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, has the purpose of evading or avoiding, or attempts to violate, subsection (b). (d) Law Enforcement and Intelligence Activities Not Affected.-- Nothing in this section is intended to prohibit or otherwise limit the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof. (e) Implementation.--The Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by the International Emergency Economic Powers Act as may be necessary to carry out this section. The Secretary of the Treasury may redelegate any of these functions to any other officer or agency of the United States Government. Each agency of the United States shall take all appropriate measures within its authority to carry out this section. (f) Enforcement.--Violations of licenses, orders, or regulations under this Act shall be subject to the same civil or criminal penalties as are provided by section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and regulations under that Act. (g) Definitions.--In this section: (1) Entity.--The term ``entity'' means a partnership, association, corporation, or other organization, group or subgroup. (2) Narcotics trafficking.--The term ``narcotics trafficking'' means any activity undertaken illicitly to cultivate, produce, manufacture, distribute, sell, finance, or transport, or otherwise assist, abet, conspire, or collude with others in illicit activities relating to, narcotic drugs, including, but not limited to, heroin, methamphetamine and cocaine. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means any United States citizen or national, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. SEC. 5. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS. (a) Prohibition.--The Secretary of State shall deny a visa to, and the Attorney General may not admit to the United States-- (1) any specially designated narcotics trafficker; or (2) any alien who the consular officer or the Attorney General knows or has reason to believe-- (A) is a spouse or minor child of a specially designated narcotics trafficker; or (B) is a person described in paragraph (2) or (3) of section 4(b). (b) Exceptions.--Subsection (a) shall not apply-- (1) where the Secretary of State finds, on a case-by-case basis, that the entry into the United States of the person is necessary for medical reasons; (2) upon the request of the Attorney General, Director of Central Intelligence, Secretary of the Treasury, or the Secretary of Defense; or (3) for purposes of the prosecution of a specially designated narcotics trafficker.
Directs: (1) the Secretary of the Treasury, by January 1 of each year, to transmit to the Director of National Drug Control Policy a list of those individuals who play a significant role in international narcotics trafficking; and (2) the Director, by February 1 of each year, to transmit to the President the list, together with recommendations for individuals to be included or excluded. Prohibits the inclusion of the name of any individual if the Director of Central Intelligence (DCI) determines that the disclosure of that person's role in international narcotics trafficking could compromise U.S. intelligence sources or methods. Requires: (1) the DCI to advise the President when a determination is made to withhold an individual's identity; and (2) the President to submit a report in classified form to the House and Senate intelligence committees in each such case setting forth the reasons for the determination. Prohibits the President from determining later than March 1 of each year whether to designate persons on the list as persons constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. Directs the President to: (1) notify the Secretary of any person so designated; and (2) report to Congress the reasons for any determination not to designate any person on such list as such a threat. Sets forth provisions regarding changes in designations of individuals as threats. (Sec. 4) Finds that a national emergency exists with respect to any individual who is a specially designated narcotics trafficker. Blocks all property of the following persons which is, or which comes within, the possession or control of a U.S. person, with exceptions: (1) a specially designated narcotics trafficker; (2) a person who materially assists in, provides financial or technological support for, or provides goods or services in support of, the narcotics trafficking activities of a specially designated narcotics trafficker; and (3) a person determined by the Secretary to be owned or controlled by, or to act for or on behalf of, a specially designated narcotics trafficker. Prohibits (with exceptions) any transaction or dealing by a U.S. person, or within the United States: (1) in property or interests therein of any specially designated narcotics trafficker; and (2) that evades or avoids, has the purpose of evading or avoiding, or attempts to violate provisions regarding the blocking of assets under this section. Authorizes the Secretary to take such actions and to employ all powers granted to the President by the International Emergency Economic Powers Act (IEEPA) as may be necessary to carry out this section. Subjects violations of licenses, orders, or regulations under this Act to the same penalties as provided by the IEEPA. (Sec. 5) Requires the Secretary of State (with exceptions) to deny a visa to, and the Attorney General to not admit to the United States, any: (1) specially designated narcotics trafficker; or (2) alien who the consular officer or the Attorney General knows or has reason to believe is a spouse or minor child of such trafficker, who materially assists such trafficker, or who is owned or controlled by, or acting for or on behalf of, such trafficker.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Accountability through Research Act of 2009''. SEC. 2. NATIONAL INSTITUTE FOR MINORITY HEALTH AND HEALTH DISPARITIES. (a) Redesignation.-- (1) In general.--Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (A) in section 401(b)(24), by striking ``National Center on Minority Health and Health Disparities'' and inserting ``National Institute for Minority Health and Health Disparities''; and (B) in subpart 6 of part E-- (i) in the subpart heading, by striking ``Center'' and inserting ``Institute''; (ii) in the headings of sections 485E and 485H, by striking ``center'' and inserting ``institute''; and (iii) by striking (other than in section 485E(i)(1)) the term ``Center'' each place it appears and inserting ``Institute''. (2) References.--Any reference in any law, map, regulation, document, paper, or other record of the United States to the National Center on Minority Health and Health Disparities shall be deemed to be a reference to the National Institute for Minority Health and Health Disparities. (b) Duties; Authorities; Funding.--Section 485E of the Public Health Service Act (42 U.S.C. 287c-31) is amended-- (1) by amending subsection (e) to read as follows: ``(e) Duties of the Director.-- ``(1) Interagency coordination of minority health and health disparity activities.--With respect to minority health and health disparities, the Director of the Institute shall plan, coordinate, and evaluate research and other activities conducted or supported by the institutes and centers of the National Institutes of Health. In carrying out the preceding sentence, the Director of the Institute shall evaluate the minority health and health disparity activities of each of such institutes and centers and shall provide for the periodic reevaluation of such activities. Such institutes and centers shall be responsible for providing information to the Institute, including data on clinical trials funded or conducted by these institutes and centers. ``(2) Consultations.--The Director of the Institute shall carry out this subpart (including developing and revising the plan and budget required by subsection (f) in consultation with the heads of the institutes and centers of the National Institutes of Health, the advisory councils of such institutes and centers, and the advisory council established pursuant to subsection (j). ``(3) Coordination of activities.--The Director of the Institute-- ``(A) shall act as the primary Federal official with responsibility for coordinating all research and activities conducted or supported by the National Institutes of Health on minority or other health disparities; ``(B) shall represent the health disparities research program of the National Institutes of Health, including the minority health and other health disparities research program, at all relevant executive branch task forces, committees, and planning activities; and ``(C) shall maintain communications with all relevant agencies of the Public Health Service, including the Indian Health Service, and various other departments and agencies of the Federal Government to ensure the timely transmission of information concerning advances in minority health disparities research and other health disparities research among these various agencies for dissemination to affected communities and health care providers.''; (2) by amending subsection (f) to read as follows: ``(f) Strategic Plan.-- ``(1) In general.--Subject to the provisions of this section and other applicable law, the Director of the Institute, in consultation with the Director of NIH, the Directors of the other institutes and centers of the National Institutes of Health, and the advisory council established pursuant to subsection (j), shall-- ``(A) annually review and revise a strategic plan (referred to in this section as `the plan') and budget for the conduct and support of all minority health disparity research and other health disparity research activities of the institutes and centers of the National Institutes of Health that include time-based targeted objectives with measurable outcomes and assure that the annual review and revision of the plan uses an established trans-National Institutes of Health process subject to timely review, approval, and dissemination; ``(B) ensure that the plan and budget establish priorities among the health disparities research activities that such agencies are authorized to carry out; ``(C) ensure that the plan and budget establish objectives regarding such activities, describe the means for achieving the objectives, and designate the date by which the objectives are expected to be achieved; ``(D) ensure that all amounts appropriated for such activities are expended in accordance with the plan and budget; ``(E) annually submit to Congress a report on the progress made with respect to the plan; and ``(F) create and implement a plan for the systemic review of research activities supported by the National Institutes of Health that are within the mission of both the Institute and other institutes and centers of the National Institutes of Health, including by establishing mechanisms for-- ``(i) tracking minority health and health disparity research conducted within the institutes and centers assessing the appropriateness of this research with regard to the overall goals and objectives of the plan; ``(ii) the early identification of applications and proposals for grants, contracts, and cooperative agreements supporting extramural training, research, and development, that are submitted to the institutes and centers that are within the mission of the Institute; ``(iii) providing the Institute with the written descriptions and scientific peer review results of such applications and proposals; ``(iv) enabling the institutes and centers to consult with the Director of the Institute prior to final approval of such applications and proposals; and ``(v) reporting to the Director of the Institute all such applications and proposals that are approved for funding by the institutes and centers. ``(2) Certain components of plan and budget.--With respect to health disparities research activities of the agencies of the National Institutes of Health, the Director of the Institute shall ensure that the plan and budget under paragraph (1) provide for-- ``(A) basic research and applied research, including research and development with respect to products; ``(B) research that is conducted by the agencies; ``(C) research that is supported by the agencies; ``(D) proposals developed pursuant to solicitations by the agencies and for proposals developed independently of such solicitations; and ``(E) behavioral research and social sciences research, which may include cultural and linguistic research in each of the agencies. ``(3) Minority health disparities research.--The plan and budget under paragraph (1) shall include a separate statement of the plan and budget for minority health disparities research.''; (3) by amending subsection (h) to read as follows: ``(h) Research Endowments.-- ``(1) In general.--The Director of the Institute shall carry out a program to facilitate minority health and health disparities research and other health disparities research by providing research endowments at-- ``(A) centers of excellence under section 736; and ``(B) centers of excellence under section 485F. ``(2) Eligibility.--The Director of the Institute shall provide for a research endowment under paragraph (1) only if the institution involved meets the following conditions: ``(A) The institution does not have an endowment that is worth in excess of an amount equal to 50 percent of the national average of endowment funds at institutions that conduct similar biomedical research or training of health professionals. ``(B) The application of the institution under paragraph (1) regarding a research endowment has been recommended pursuant to technical and scientific peer review and has been approved by the advisory council established pursuant to subsection (j). ``(C) The institution at any time was deemed to be eligible to receive a grant under section 736 and at any time received a research endowment under paragraph (1).''; and (4) by adding at the end the following: ``(k) Funding.-- ``(1) Full funding budget.-- ``(A) In general.--With respect to a fiscal year, the Director of the Institute shall prepare and submit directly to the President, for review and transmittal to Congress, a budget estimate for carrying out the plan for the fiscal year, after reasonable opportunity for comment (but without change) by the Secretary, the Director of the National Institutes of Health, the directors of the other institutes and centers of the National Institutes of Health, and the advisory council established pursuant to subsection (j). The budget estimate shall include an estimate of the number and type of personnel needs for the Institute. ``(B) Amounts necessary.--The budget estimate submitted under subparagraph (A) shall estimate the amounts necessary for the institutes and centers of the National Institutes of Health to carry out all minority health and health disparities activities determined by the Director of the Institute to be appropriate, without regard to the probability that such amounts will be appropriated. ``(2) Alternate budgets.-- ``(A) In general.--With respect to a fiscal year, the Director of the Institute shall prepare and submit to the Secretary and the Director of the National Institutes of Health the budget estimates described in subparagraph (B) for carrying out the plan for the fiscal year. The Secretary and such Director shall consider each of such estimates in making recommendations to the President regarding a budget for the plan for such year. ``(B) Description.--With respect to the fiscal year involved, the budget estimates referred to in subparagraph (A) for the plan are as follows: ``(i) The budget estimate submitted under paragraph (1). ``(ii) A budget estimate developed on the assumption that the amounts appropriated will be sufficient only for-- ``(I) continuing the conduct by the institutes and centers of the National Institutes of Health of existing minority health and health disparity activities (if approved for continuation), and continuing the support of such activities by the institutes and centers in the case of projects or programs for which the institutes or centers have made a commitment of continued support; and ``(II) carrying out activities that are in addition to activities specified in subclause (I), only for which the Director determines there is the most substantial need. ``(iii) Such other budget estimates as the Director of the Institute determines to be appropriate. ``(l) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014, to carry out this section.''.
Health Equity and Accountability through Research Act of 2009 - Amends the Public Health Service Act to rename the National Center on Minority Health and Health Disparities as the National Institute for Minority Health and Health Disparities. Revises and expands the duties of the Director of such Institute relating to coordination of research activities conducted by the National Institute of Health (NIH) and review of a strategic plan and budget for minority health disparity research.
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SECTION 1. STANDARDS OF PERFORMANCE FOR ELECTRIC UTILITY UNITS. (a) Findings.--Congress finds that-- (1) older electric utility units are exempt from strict emission control requirements applicable to newer facilities, allowing some older units to emit greater quantities of dangerous pollutants; (2) this disparity in regulatory treatment is of particular concern in the new era of electric utility restructuring, which was never envisioned at the time of enactment of the Clean Air Act (42 U.S.C. 7401 et seq.) or amendments to that Act; (3) in an era of electric utility restructuring, utilities that spend less money on environmental controls will be able to increase their generation of power and emissions of dangerous pollutants; (4) this situation results in an unfair competitive disadvantage for utilities that generate electricity while meeting strict environmental standards; and (5) electricity restructuring can result in enormous benefits for consumers and the environment if done right. (b) Standards.--Section 111 of the Clean Air Act (42 U.S.C. 7411) is amended by adding at the end the following: ``(k) Standards of Performance for Electric Generating Units.-- ``(1) Definition of grandfathered unit.--In this subsection, the term `grandfathered unit' means a fossil fuel- fired electric utility unit that, before the date of enactment of this subsection, was not subject to the standards of performance set forth in subpart D of part 60 of title 40, Code of Federal Regulations, or to any subsequently adopted standard of performance under this section applicable to fossil fuel- fired electric utility units. ``(2) Applicability.--Notwithstanding any other provision of law, in the case of a fossil fuel-fired electric utility unit, a standard of performance under this section that applies to new or modified electric utility units shall also apply to a grandfathered unit that-- ``(A) has the capacity to generate more than 25 megawatts of electrical output per hour; and ``(B) generates electricity that flows through transmission or connected facilities that cross State lines (including electricity in a transaction that for regulatory purposes is treated as an intrastate rather than an interstate transaction). ``(3) Deadlines for compliance.--Each grandfathered unit shall comply with-- ``(A) a standard of performance established under this section before the date of enactment of this subsection, not later than 5 years after the date of enactment of this subsection; and ``(B) a standard of performance established under this section on or after the date of enactment of this subsection, not later than 3 years after the date of establishment of the standard. ``(4) Alternative compliance.-- ``(A) In general.--To provide an alternative means of complying with standards of performance made applicable by this subsection, the Administrator shall-- ``(i) establish national annual limitations for calendar year 2003 and each calendar year thereafter for each pollutant subject to the standards at a level that is equal to the aggregate emissions of each pollutant that would result from application of the standards to all electric utility units subject to this section; ``(ii) allocate transferable allowances for pollutants subject to the standards to electric utility units subject to this section in an annual quantity not to exceed the limitations established under clause (i) based on each unit's share of the total electric generation from such units in each calendar year; and ``(iii) require grandfathered units to meet the standards by emitting in any calender year no more of each pollutant regulated under this section than the quantity of allowances that the unit holds for the pollutant for the calendar year. ``(B) Calculation of limitations.--In calculating the limitations under subparagraph (A)(i), the Administrator shall apply the standard for the applicable fuel type in effect in calendar year 2000. ``(5) No effect on obligation to comply with other provisions.--Nothing in this subsection affects the obligation of an owner or operator of a source to comply with-- ``(A) any standard of performance under this section that applies to the source under any provision of this section other than this subsection; or ``(B) any other provision of this Act (including provisions relating to National Ambient Air Quality Standards and State Implementation Plans).''.
Amends the Clean Air Act to require emissions standards of performance for new or modified fossil fuel-fired electric utility units to apply to grandfathered units (units that were not subject to standards set forth in Federal regulations pertaining to fossil fuel-fired steam generators for which construction is commenced after August 17, 1971, and certain other steam generating units or to subsequent standards for such units) that: (1) have the capacity to generate more than 25 megawatts of electrical output per hour; and (2) generate electricity that flows through transmission or connected facilities that cross State lines (including electricity in a transaction that for regulatory purposes is treated as an intrastate rather than an interstate transaction). Requires grandfathered units to comply with standards established before this Act's enactment within five years of this Act's enactment and within three years of enactment of any standard established after this Act's enactment. Directs the Administrator of the Environmental Protection Agency, to provide an alternative means of complying with such standards, to: (1) establish national annual limitations for calendar year 2003 and subsequent years for each pollutant subject to standards at a level equal to the aggregate emissions of each pollutant that would result from application of the standards to all affected electric utility units; (2) allocate transferable allowances for such pollutants to such units in an annual quantity not to exceed such limitations based on each unit's share of the total electric generation from such units in each year; and (3) require grandfathered units to meet standards by emitting no more of each regulated pollutant than the quantity of allowances held by such units for the year.
{"src": "billsum_train", "title": "A bill to amend the Clean Air to repeal the grandfather status for electric utility units."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education for Freedom Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Given the increased threat to American ideals in the trying times in which we live, it is important to preserve and defend our common heritage of freedom and civilization and to ensure that future generations of Americans understand the importance of traditional American history and the principles of free government on which this Nation was founded in order to provide the basic knowledge that is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self-government, binding together a diverse people into a single Nation with a common purpose. (2) However, despite its importance, most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization and free institutions as a prerequisite to graduation. (3) In addition, too many of our Nation's elementary and secondary school history teachers lack the training necessary to effectively teach these subjects, due largely to the inadequacy of their teacher preparation. (4) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped our Nation and its free institutions, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purposes of this Act are to promote and sustain postsecondary academic centers, institutes, and programs that offer undergraduate and graduate courses, support research, sponsor lectures, seminars, and conferences, and develop teaching materials, for the purpose of developing and imparting a knowledge of traditional American history, the American founding, and the history and nature of, and threats to, free institutions, or of the nature, history and achievements of western civilization, particularly for-- (1) undergraduate students who are enrolled in teacher education programs, who may consider becoming school teachers, or who wish to enhance their civic competence; (2) elementary, middle, and secondary school teachers in need of additional training in order to effectively teach in these subject areas; and (3) graduate students and postsecondary faculty who wish to teach about these subject areas with greater knowledge and effectiveness. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Eligible institution.--The term ``eligible institution'' means-- (A) an institution of higher education; (B) a specific program within an institution of higher education; and (C) a non-profit history or academic organization associated with higher education whose mission is consistent with the purposes of this Act. (2) Free institution.--The term ``free institution'' means an institution that emerged out of Western Civilization, such as democracy, constitutional government, individual rights, market economics, religious freedom and tolerance, and freedom of thought and inquiry. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Traditional american history.--The term ``traditional American history'' means-- (A) the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and (B) the key episodes, turning points, and leading figures involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this act, the secretary shall award grants, on a competitive basis, to eligible institutions, which grants shall be used for-- (1) history teacher preparation initiatives, that-- (A) stress content mastery in traditional American history and the principles on which the American political system is based, including the history and philosophy of free institutions, and the study of Western civilization; and (B) provide for grantees to carry out research, planning, and coordination activities devoted to the purposes of this Act; and (2) strengthening postsecondary programs in fields related to the American founding, free institutions, and western civilization, particularly through-- (A) the design and implementation of courses, lecture series and symposia, the development and publication of instructional materials, and the development of new, and supporting of existing, academic centers; (B) research supporting the development of relevant course materials; (C) the support of faculty teaching in undergraduate and graduate programs; and (D) the support of graduate and postgraduate fellowships and courses for scholars related to such fields. (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation, which shall, at a minimum, consider the education value and relevance of the institution's programming to carrying out the purposes of this Act and the expertise of key personnel in the area of traditional American history and the principles on which the American political system is based, including the political and intellectual history and philosophy of free institutions, the American Founding, and other key events that have contributed to American freedom, and the study of Western civilization. (c) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe by regulation. (d) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants made under this Act. (e) Grant Awards.-- (1) Maximum and minimum grants.--The Secretary shall award each grant under this Act in an amount that is not less than $400,000 and not more than $6,000,000. (2) Exception.--A subgrant made by an eligible institution under this Act to another eligible institution shall not be subject to the minimum amount specified in paragraph (1). (f) Multiple Awards.--For the purposes of this Act, the Secretary may award more than 1 grant to an eligible institution. (g) Subgrants.--An eligible institution may use grant funds provided under this Act to award subgrants to other eligible institutions at the discretion of, and subject to the oversight of, the Secretary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2008; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years.
Higher Education for Freedom Act - Directs the Secretary of Education to make competitive grants to institutions of higher education and nonprofit history or academic organizations associated with higher education to prepare elementary, middle, and secondary school history teachers and to strengthen postsecondary programs in fields related to the founding of the United States, free institutions, and Western civilization.
{"src": "billsum_train", "title": "To establish and strengthen postsecondary programs and courses in the subjects of traditional American history, free institutions, and Western civilization, available to students preparing to teach these subjects, and to other students."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Transparency and Disclosure Act of 2011''. 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). 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 25 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital inpatient setting. ``(B) The 25 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital outpatient setting. ``(C) The 25 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. ``(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, or other costsharing) for such episode that have been negotiated by the hospital or ambulatory surgical center, respectively, with the 3 most used health insurance providers for such hospital or center during such period. ``(B) 3 most used health insurance providers.--For purposes of subparagraph (A), the 3 most used health insurance providers, with respect to a hospital or ambulatory surgical center during a period, are the 3 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 2011 [sic] - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to report to the Secretary of Health and Human Services (HHS) regarding: (1) the frequency of occurrence of certain treatment episodes for the most frequently treated conditions or diseases in each setting, (2) the total number of treatment episodes for which care was furnished by the hospital or center, and (3) the insured and uninsured average charge by the hospital or center for such treatment episode.  Requires the Secretary to promptly post such information on the HHS website in a manner that promotes charge comparisons among hospitals and among ambulatory surgical centers. Requires a hospital and an ambulatory surgical center to prominently post at each admission site a notice of the availability of such data.  Authorizes civil penalties for violations of this Act.
{"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital and ambulatory surgical center treatment episodes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2011''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Women's History Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Property.--The term ``Property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326. The Property is generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. SEC. 3. CONVEYANCE OF PROPERTY. (a) Authority To Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the Property to the Museum, on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (b) Purchase Price.-- (1) In general.--The purchase price for the Property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The appraisal shall assume that the Property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require response action (as defined in such section). (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend, in amounts specified in authorizations and appropriations acts, the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator. (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a quit claim deed. (e) Use Restriction.--The Property shall be dedicated for use as a site for a national women's history museum for the 99-year period beginning on the date of conveyance to the Museum. (f) Funding Restriction.--No Federal funds shall be made available to the Museum for the purchase of the Property or the design and construction of any facility on the Property. (g) Reversion.-- (1) Bases for reversion.--The Property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) the Property is not used as a site for a national women's history museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on the Property in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If the Property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (h) Closing.--The conveyance pursuant to this Act shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 4(a). SEC. 4. ENVIRONMENTAL MATTERS. (a) Authorization To Contract for Environmental Response Actions.-- The Administrator is authorized to contract with the Museum or an affiliate thereof for the performance (on behalf of the Administrator) of response actions on the Property. (b) Crediting of Response Costs.--Any costs incurred by the Museum or an affiliate thereof pursuant to subsection (a) shall be credited to the purchase price for the Property. (c) No Effect on Compliance With Environmental Laws.--Nothing in this Act, or any amendment made by this Act, affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of CERCLA (42 U.S.C. 9620(h)). SEC. 5. INCIDENTAL COSTS. Subject to section 4, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. SEC. 6. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the Property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 7. REPORTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the Property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.
National Women's History Museum Act of 2011 - Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property in the District of Columbia, on terms which the Administrator deems appropriate. Requires the purchase price for the property to be: (1) its market value based on its highest and best use, as determined by an independent appraisal; and (2) paid into the Federal Buildings Fund. Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period. Provides for the reversion of the property to the United States without any obligation for repayment of any amount of the purchase price if: (1) it is not used as a site for a national women's history museum during the 99-year period, and (2) the Museum has not commenced construction of a museum facility on such property in a 5-year period other than for reasons beyond the Museum's control.
{"src": "billsum_train", "title": "To authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia to provide for the establishment of a National Women's History Museum."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm-Free Airport Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Commercial airports are critical to the economy and economic competitiveness of the United States. (2) Commercial airports and commercial aircraft are essential elements of interstate commerce and the Supreme Court has recognized the authority of Congress over all matters with a close and substantial relation to interstate commerce. (3) In 2007, commercial aviation contributed $266,500,000,000, or 2 percent, to the gross domestic product of the United States, employed, directly and indirectly, 10,881,000 people, and had a total economic impact of $1,224,800,000,000. (4) Commercial aviation is a vital channel of interstate commerce and it is necessary that people and goods be able to move through such a channel safely. (5) Individuals and terrorist organizations use commercial airports and commercial aircraft for premeditated, politically motivated violence perpetrated against noncombatant targets. (6) The terrorist attacks of September 11, 2001, in which terrorists used 4 commercial aircraft to cause the deaths of 2,976 people, had a severe adverse impact on airlines in the United States, resulted in $40,000,000,000 in property and casualty claims, resulted in 18,000 businesses being dislocated, disrupted, or destroyed, and displaced nearly 130,000 employees. (7) Firearms in airports would have an adverse impact on the economy of the United States. (8) Firearms are prohibited in the sterile area of airports. (9) Congress has the power, under clause 3 of section 8 of article I of the Constitution of the United States (commonly referred to as the ``Commerce Clause'') and other provisions of the Constitution, to enact measures to ensure the safety and economic well-being of commercial airports in the United States. (10) It is important for Congress to regulate the possession of firearms in commercial airport facilities to facilitate commercial aviation traffic safety, to protect the safety of passengers and goods flying on commercial aircraft, and to preserve the economic stability of the commercial aviation industry. SEC. 3. PROHIBITION ON POSSESSION OF FIREARMS IN CERTAIN AIRPORT BUILDINGS AND AIRFIELDS. (a) In General.--Chapter 463 of title 49, United States Code, is amended by inserting after section 46303 the following: ``Sec. 46303A. Prohibition on possession of firearms in certain airport buildings and airfields ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for an individual to possess a firearm at a commercial airport in any area in a terminal building, in any area adjacent to the sterile area, in an airfield, or in any building that opens on to an airfield. ``(b) Exceptions.--The prohibition in subsection (a) shall not apply with respect to the following: ``(1) Individuals authorized to carry firearms under section 1540.111(b) of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(2) Members of the Armed Forces serving on active duty. ``(3) Individuals who bring firearms into an airport building solely to check the firearms in checked baggage in accordance with section 1540.111(c) of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(c) Penalty.--An individual who violates the prohibition in subsection (a) shall be imprisoned for not more than 10 years, fined under title 18, or both. ``(d) Definitions.--In this section: ``(1) Commercial airport.--The term `commercial airport' means an airport that holds an airport operating certificate under part 139 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(2) Firearm.--The term `firearm' has the meaning given that term in section 921 of title 18, United States Code. ``(3) Sterile area.--The term `sterile area' has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).''. (b) Clerical Amendment.--The table of sections for chapter 463 of title 49, United States Code, is amended by inserting after the item relating to section 46303 the following: ``46303A. Prohibition on possession of firearms in certain airport buildings and airfields.''. SEC. 4. SIGNS WARNING OF PROHIBITION ON POSSESSION OF FIREARMS IN AIRPORT TERMINAL BUILDINGS. The Secretary of Transportation shall ensure that signs are posted in airport terminal buildings to warn passengers of the prohibition on the possession of firearms in airport terminal buildings and other areas under section 46303A of title 49, United States Code, as added by section 3.
Firearm-Free Airport Act - Makes it unlawful for all but specified authorized individuals to possess a firearm at a commercial airport in any area in a terminal building, in any area adjacent to the sterile area, in an airfield, or in any building that opens on to an airfield. Prescribes criminal penalties for nonauthorized individuals who violate such prohibition. Directs the Secretary of Transportation to ensure that signs warning passengers of such prohibition are posted in airport terminal buildings and other such areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Cook Inlet Region Land Conveyance Finalization Act of 2017''. SEC. 2. CIRI LAND ENTITLEMENT. (a) Definitions.--In this section: (1) Alaska native corporation; anc.--The terms ``Alaska Native Corporation'' and ``ANC'' have the meaning given the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) CIRI.--The term ``CIRI'' means Cook Inlet Region, Inc. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Alaska. (b) Conveyance.-- (1) In general.--In order to allow CIRI to satisfy the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), subject to paragraph (2), the Secretary shall convey to CIRI the acreage of land selected by CIRI under subsections (c) and (d). (2) Condition.--The conveyance under paragraph (1) shall be subject to the condition that, with respect to any land subject to selection under subsection (c) that is located within the boundaries of another regional ANC, CIRI may not select, and the Secretary shall not convey to CIRI, that land unless CIRI has obtained the written consent of the other regional ANC in an instrument signed by an authorized officer of that regional ANC. (c) Selection.--CIRI shall select from among the following land, 43,000 acres, which is an acreage quantity equivalent to the unsatisfied portion of the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.): (1) Land in the State located outside of the boundaries of Cook Inlet Region-- (A) that was previously selected for conveyance by one or more other Alaska Native Corporations; and (B) the selection of which under subparagraph (A) was later withdrawn by those one or more ANCs. (2) Land in the State located outside of the boundaries of Cook Inlet Region that is adjacent to land owned by other ANCs. (3) Land located within the boundaries of the National Petroleum Reserve-Alaska. (4) Land located within a unit of the National Wildlife Refuge System in the State, except that no land may be selected inside the Arctic National Wildlife Refuge. (5) Federal land in the State that is located outside of the boundaries of any National Monument, unit of the National Park System, or land designated as wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.). (6) Land selected under subsection (d). (d) Selection of Excess Federal Land or Property.-- (1) In general.--In accordance with paragraph (2), CIRI shall have a right of notice and first refusal to select land or property located within the region of CIRI in the State that is identified by the Federal Government as excess to the needs of the Federal Government, except to the extent that right would conflict with section 1425(b) of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2515). (2) Requirements.-- (A) Notice.--Prior to any conveyance of excess Federal land or property within the region of CIRI, the Federal Government shall provide to CIRI notice of the intent of the Federal Government to convey that excess Federal land or property. (B) Deadline.--Not later than 180 days after the date on which the Federal Government provides notice under subparagraph (A), CIRI shall determine whether to acquire the excess Federal land or property. (C) Conveyance and relinquishment.--If CIRI chooses to acquire the excess Federal land or property under subparagraph (B), on conveyance, CIRI shall relinquish the number of acres from the unsatisfied portion of the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is equal to-- (i) the fair market value per acre of the excess Federal land or the surplus value of the property to be conveyed; divided by (ii) the difference between-- (I) the value per acre of land determined from the most recent census of the National Agricultural Statistics Service of the Department of Agriculture of agricultural land values for the State, specifically by the statewide value of land in the State; and (II) the value of land in the Juneau and Anchorage census areas used for Federal surplus property credits, adjusted for inflation.
ANCSA Cook Inlet Region Land Conveyance Finalization Act of 2017 This bill requires the Department of the Interior to convey to Cook Inlet Region, Inc. (CIRI), an Alaska Native regional corporation, land CIRI selects from specified areas to satisfy its claim to an additional 43,000 acres under the Alaska Native Claims Settlement Act. CIRI is granted a right of notice and first refusal for federal land or property identified as excess in CIRI's region.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing the Economy of Fisheries in the Pacific Act of 2012'' or the ``REFI Pacific Act of 2012''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) In 2000, the Secretary of Commerce declared the Pacific Coast Groundfish Fishery a Federal fisheries disaster due to low stock abundance of groundfish and an overcapitalized fleet. (2) In 2003, section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80) was enacted to require establishment of a Pacific Coast groundfish fishery buyback program to remove excess fishing capacity from the groundfish, crab, and shrimp fisheries. (3) In 2003, a $35,700,000 buyback loan was authorized by Congress, creating the Pacific Coast Groundfish Fishing capacity reduction program through the National Marine Fisheries Service Fisheries Finance Program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate of 5 percent for the loan. (4) The buyback program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest was accrued before fee collection procedures were established in 2005, over 18 months after the fishing capacity reduction program was initiated. (6) In 2011, the Pacific Coast groundfish fishery transitioned to a catch share program. (7) By 2015, Pacific Coast groundfish fishermen's expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act for catch share programs, and a 5-percent ex-vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In the period covering 2006 through 2011, the annual average Pacific Coast Groundfish Fishery ex-vessel revenue was $85,945,847, which included revenue of at-sea catcher processors, at-sea mothership catcher vessels, trawls, open access, and tribal fishing and all other groundfish revenue. Of that revenue, an average of $45,000,000 was generated by the limited entry trawl fishery. (9) Currently, National Oceanic and Atmospheric Administration Fisheries administers industry-funded capacity reduction programs in the Bering Sea-Aleutian Islands crab, Bering Sea-Aleutian Islands non-pollock groundfish, and American Fisheries Act pollock fisheries, along with the Pacific Coast groundfish fishery. Each program has a 30-year, long-term loan repayment period based on fees for future landings in the fisheries. (10) A fifth reduction buyback program was implemented in 2012 for the Alaska Purse Seine Salmon Fishery, which has a 40- year, long-term repayment period based on fees for future landings in the fishery with an ex-vessel landing rate of 3 percent. (11) In the past when fishery disasters have been declared, some fisheries have been issued Federal disaster assistance grants to provide short-term economic assistance to fishermen leaving the industry, increased profitability for remaining fishermen, and conservation of fish stocks. (12) In 1996 and 1997, a $23,000,000 Federal disaster assistance grant was issued for the New England Groundfish Fishery, which was used to remove 68 multi-species permits and scrap 58 vessels associated with those permits. No loan repayments were required for this grant. (b) Purpose.--The purpose of the Act is to refinance the Pacific Coast Groundfish Fishery Fishing Capacity Reduction Program to protect and conserve the Pacific Coast groundfish fishery, fishermen's economic livelihood, and jobs of associated industries. SEC. 3. REFINANCING OF WEST COAST GROUNDFISH FISHERY FISHING CAPACITY REDUCTION LOAN. (a) In General.--The Secretary of Commerce shall, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the Pacific Coast Groundfish Fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80). (b) Applicable Law.--Except as otherwise provided in this section, the Secretary shall issue such loan in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a) and sections 53702 and 53735 of title 46, United States Code. (c) Loan Term.--Notwithstanding section 53735(c)(4) of title 46, United States Code, a loan under this section must have a maturity that expires at the end of the 45-year period beginning on the date of issuance of such loan. (d) Limitation on Fee Amount.--Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(d)(2)(B)), the fee established by the Secretary with respect to a loan under this section shall not exceed 3 percent of the ex-vessel value of all fish harvested from each fishery for which the loan is issued. (e) Funding.--To implement this section there is authorized to be appropriated to the Secretary an amount equal to 1 percent of the amount of the loan authorized under this section.
Revitalizing the Economy of Fisheries in the Pacific Act of 2012 or REFI Pacific Act of 2012 - Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the Pacific Coast Groundfish Fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of all fish harvested from each fishery for which the loan is issued.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-Local Information Sharing Partnership Act of 2001''. SEC. 2. AUTHORITY TO SHARE GRAND JURY INFORMATION. Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended-- (1) in clause (i)(V), by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; and (2) in clause (iii)-- (A) by striking ``Federal''; and (B) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to clause (i)(V), shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 3. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION. Section 2517(6) of title 18, United States Code, is amended-- (1) in the first sentence, by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; (2) in the second sentence, by striking ``Federal''; and (3) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 4. FOREIGN INTELLIGENCE INFORMATION. Section 203(d)(1) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 (Public Law 107-56) is amended-- (1) in the first sentence, by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; (2) in the second sentence, by striking ``Federal''; and (3) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 5. DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTERTERRORISM PURPOSES. Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following: ``The recipient of that consumer report or information may further disclose the contents of that report or information to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to assist the official who is to receive that information in the performance of the official duties of that official. Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this subsection shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 6. MULTILATERAL COOPERATION AGAINST TERRORISTS. Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) the Secretary of State may provide copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision), if the Secretary determines that it is necessary and appropriate, however, any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality; and''. SEC. 7. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE. Section 160(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806) is amended by inserting after ``law enforcement officers'' the following: ``or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''. SEC. 8. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH. Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by inserting after ``law enforcement officers'' the following: ``or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''. SEC. 9. DISCLOSURE OF EDUCATIONAL RECORDS. Section 444(j)(1)(B) of the General Education Provisions Act (20 U.S.C. 1232g) is amended-- (1) by inserting after ``disseminate'' the following: ``(including disclosure of the contents of those education records to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)''; and (2) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.''. SEC. 10. INVESTIGATION AND PROSECUTION OF TERRORISM. Section 408(c)(1)(B) of the National Education Statistics Act of 1994 (20 U.S.C. 9007) is amended-- (1) by inserting after ``disseminate'' the following: ``(including disclosure of the contents of those reports, records, and information to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)''; and (2) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.''.
Federal-Local Information Sharing Partnership Act of 2001 - Amends the Federal Rules of Criminal Procedure, the Federal criminal code, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 to authorize the sharing of grand jury information, electronic, wire, and oral interception information, and foreign intelligence information, respectively, with State or local law enforcement personnel. Directs that such information be used consistent with such guidelines as the Attorney General shall issue to protect confidentiality.Amends: (1) the Fair Credit Reporting Act to authorize the recipient of a consumer report or information to disclose the contents to law enforcement personnel to assist in the performance of official duties; and (2) the Immigration and Nationality Act to authorize the Secretary of State to provide copies of Department of State and U.S. diplomatic and consular office records regarding visas or related information to law enforcement personnel. Directs that such information be used consistent with such guidelines.Amends: (1) the Foreign Intelligence Surveillance Act of 1978 to authorize the sharing of information acquired from an electronic surveillance or from a physical search with law enforcement personnel; and (2) the General Education Provisions Act and the National Education Statistics Act of 1994 to authorize the disclosure of the contents of education records and reports, records, and information to law enforcement personnel, subject to guidelines for the use of that information.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Geothermal Initiative Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) domestic geothermal resources have the potential to provide vast amounts of clean, renewable, and reliable energy to the United States; (2) Federal policies and programs are critical to achieving the potential of those resources; (3) Federal tax policies should be modified to appropriately support the longer lead-times of geothermal facilities and address the high risks of geothermal exploration and development; (4) sustained and expanded research programs are needed-- (A) to support the goal of increased energy production from geothermal resources; and (B) to develop the technologies that will enable commercial production of energy from more geothermal resources; (5) a comprehensive national resource assessment is needed to support policymakers and industry needs; (6) a national exploration and development technology and information center should be established to support the achievement of increased geothermal energy production; and (7) implementation and completion of geothermal and other renewable initiatives on public land in the United States is critical, consistent with the principles and requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law. SEC. 3. NATIONAL GOAL. Congress declares that it shall be a national goal to achieve 20 percent of total electrical energy production in the United States from geothermal resources by not later than 2030. SEC. 4. DEFINITIONS. In this Act: (1) Initiative.--The term ``Initiative'' means the national geothermal initiative established by section 5(a). (2) National goal.--The term ``national goal'' means the national goal of increased energy production from geothermal resources described in section 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. NATIONAL GEOTHERMAL INITIATIVE. (a) Establishment.--There is established a national geothermal initiative under which the Federal Government shall seek to achieve the national goal. (b) Federal Support and Coordination.--In carrying out the Initiative, each Federal agency shall give priority to programs and efforts necessary to support achievement of the national goal to the extent consistent with applicable law. (c) Energy and Interior Goals.-- (1) In general.--In carrying out the Initiative, the Secretary and the Secretary of the Interior shall establish and carry out policies and programs-- (A) to characterize the complete geothermal resource base (including engineered geothermal systems) of the United States by not later than 2010; (B) to sustain an annual growth rate in the use of geothermal power, heat, and heat pump applications of at least 10 percent; (C) to demonstrate state-of-the-art energy production from the full range of geothermal resources in the United States; (D) to achieve new power or commercial heat production from geothermal resources in at least 25 States; and (E) to develop the tools and techniques to construct an engineered geothermal system power plant. (2) Report to congress.--Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Secretary and the Secretary of the Interior shall jointly submit to the appropriate Committees of Congress a report that describes-- (A) the proposed plan to achieve the goals described in paragraph (1); and (B) a description of the progress during the period covered by the report toward achieving those goals. (d) Geothermal Research, Development, Demonstration, and Commercial Application.-- (1) In general.--The Secretary shall carry out a program of geothermal research, development, demonstration, outreach and education, and commercial application to support the achievement of the national goal. (2) Requirements of program.--In carrying out the geothermal research program described in paragraph (1), the Secretary shall-- (A) prioritize funding for the discovery and characterization of geothermal resources; (B) expand funding for cost-shared drilling; (C)(i) establish, at a national laboratory or university research center selected by the Secretary, a national geothermal exploration research and information center; (ii) support development and application of new exploration and development technologies through the center; and (iii) in cooperation with the Secretary of the Interior, disseminate geological and geophysical data to support geothermal exploration activities through the center; (D) support cooperative programs with and among States, including with the Great Basin Center for Geothermal Energy, the Intermountain West Geothermal Consortium, and other similar State and regional initiatives, to expand knowledge of the geothermal resource base of the United States and potential applications of that resource base; (E) improve and advance high-temperature and high- pressure drilling, completion, and instrumentation technologies benefiting geothermal well construction; (F) demonstrate geothermal applications in settings that, as of the date of enactment of this Act, are noncommercial; (G) research, develop, and demonstrate engineered geothermal systems techniques for commercial application of the technologies, including advances in-- (i) reservoir stimulation; (ii) reservoir characterization, monitoring, and modeling; (iii) stress mapping; (iv) tracer development; (v) 3-dimensional tomography; and (vi) understanding seismic effects of deep drilling and reservoir engineering; and (H) support the development and application of the full range of geothermal technologies and applications. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection-- (A) $75,000,000 for fiscal year 2008; (B) $110,000,000 for each of fiscal years 2009 through 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. (e) Geothermal Assessment, Exploration Information, and Priority Activities.-- (1) Interior.--In carrying out the Initiative, the Secretary of the Interior-- (A) acting through the Director of the United States Geological Survey, shall, not later than 2010-- (i) conduct and complete a comprehensive nationwide geothermal resource assessment that examines the full range of geothermal resources in the United States; and (ii) submit to the appropriate committees of Congress a report describing the results of the assessment; and (B) in planning and leasing, shall consider the national goal established under this Act. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this subsection-- (A) $15,000,000 for fiscal year 2008; (B) $25,000,000 for each of fiscal years 2009 to 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. SEC. 6. INTERMOUNTAIN WEST GEOTHERMAL CONSORTIUM. Section 237 of the Energy Policy Act of 2005 (42 U.S.C. 15874) is amended by adding at the end the following: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for each of fiscal years 2008 through 2013; and ``(2) such sums as are necessary for each of fiscal years 2014 through 2020.''. SEC. 7. INTERNATIONAL MARKET SUPPORT FOR GEOTHERMAL ENERGY DEVELOPMENT. (a) United States Agency for International Development.--The United States Agency for International Development, in coordination with other appropriate Federal and multilateral agencies, shall support international and regional development to promote the use of geothermal resources, including (as appropriate) the African Rift Geothermal Development Facility. (b) United States Trade and Development Agency.--The United States Trade and Development Agency shall support the Initiative by-- (1) encouraging participation by United States firms in actions taken to carry out subsection (a); and (2) providing grants and other financial support for feasibility and resource assessment studies. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
National Geothermal Initiative Act of 2007 - Declares a national goal to achieve 20% of total electrical energy production in the United States from geothermal resources by 2030. Establishes a national geothermal initiative under which the federal government shall seek to achieve the national goal. Requires each federal agency to give priority to programs and efforts necessary to achieve such national goal. Specifies goals for the Secretaries of Energy and of the Interior. Instructs the Secretary of Energy to implement a geothermal research and development program to achieve such goals, and the Secretary of the Interior to conduct a related comprehensive nationwide geothermal resource assessment. Amends the Energy Policy Act of 2005 to authorize appropriations for the Intermountain West Geothermal Consortium. Directs the U.S. Agency for International Development to support international and regional development to promote the use of geothermal resources, including the African Rift Geothermal Development Facility. Directs the U.S. Trade and Development Agency to: (1) support the national geothermal initiative; and (2) provide grants and other financial support for feasibility and resource assessment studies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare DMEPOS Competitive Bidding Improvement Act of 2015''. SEC. 2. REQUIRING BID SURETY BONDS AND STATE LICENSURE FOR ENTITIES SUBMITTING BIDS UNDER THE MEDICARE DMEPOS COMPETITIVE ACQUISITION PROGRAM. (a) Bid Surety Bonds.--Section 1847(a)(1) of the Social Security Act (42 U.S.C. 1395w-3(a)(1)) is amended by adding at the end the following new subparagraphs: ``(G) Requiring bid bonds for bidding entities.-- With respect to rounds of competitions beginning under this subsection for contracts beginning not earlier than January 1, 2017, and not later than January 1, 2019, an entity may not submit a bid for a competitive acquisition area unless, as of the deadline for bid submission, the entity has obtained (and provided the Secretary with proof of having obtained) a bid surety bond (in this paragraph referred to as a `bid bond') in a form specified by the Secretary consistent with subparagraph (H) and in an amount that is not less than $50,000 and not more than $100,000 for each competitive acquisition area in which the entity submits the bid. ``(H) Treatment of bid bonds submitted.-- ``(i) For bidders that submit bids at or below the median and are offered but do not accept the contract.--In the case of a bidding entity that is offered a contract for any product category for a competitive acquisition area, if-- ``(I) the entity's composite bid for such product category and area was at or below the median composite bid rate for all bidding entities included in the calculation of the single payment amounts for such product category and area; and ``(II) the entity does not accept the contract offered for such product category and area, the bid bond submitted by such entity for such area shall be forfeited by the entity and the Secretary shall collect on it. ``(ii) Treatment of other bidders.--In the case of a bidding entity for any product category for a competitive acquisition area, if the entity does not meet the bid forfeiture conditions in subclauses (I) and (II) of clause (i) for any product category for such area, the bid bond submitted by such entity for such area shall be returned within 90 days of the public announcement of the contract suppliers for such area.''. (b) State Licensure.-- (1) In general.--Section 1847(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(A)) is amended by adding at the end the following new clause: ``(v) The entity meets applicable State licensure requirements.''. (2) Construction.--Nothing in the amendment made by paragraph (1) shall be construed as affecting the authority of the Secretary of Health and Human Services to require State licensure of an entity under the Medicare competitive acquisition program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3) before the date of the enactment of this Act. (c) GAO Report on Bid Bond Impact on Small Suppliers.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the bid surety bond requirement under the amendment made by subsection (a) on the participation of small suppliers in the Medicare DMEPOS competitive acquisition program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3). (2) Report.--Not later than 6 months after the date contracts are first awarded subject to such bid surety bond requirement, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1). Such report shall include recommendations for changes in such requirement in order to ensure robust participation by legitimate small suppliers in the Medicare DMEPOS competition acquisition program. Passed the House of Representatives March 16, 2015. Attest: KAREN L. HAAS, Clerk.
Medicare DMEPOS Competitive Bidding Improvement Act of 2015 Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program. Prohibits an entity from submitting a bid for a competitive acquisition area, during calendar 2017-2019, unless it has obtained a bid surety bond of between $50,000 and $100,000 for each such area. Requires the forfeit of any bid bond submitted for a competitive acquisition area if the bidding entity does not accept a contract offered for any product category when its composite bid was at or below the median composite bid rate for all bidding entities included in the calculation of the single payment amounts for the product category and the area. Requires the Secretary of Health and Human Services to collect on the forfeited bond. Requires return of a bid bond within a specified 90-day period to a bidding entity that does not meet such bid forfeiture conditions. Prohibits the Secretary from awarding a contract to any entity that does not meet state licensure requirements. Directs the Government Accountability Office to study the effect of this bid surety bond requirement on the participation of small suppliers in the Medicare DMEPOS competitive acquisition program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Organizations Tax-Exempt Bond Reform Act of 1993''. SEC. 2. TAX TREATMENT OF 501(c)(3) BONDS SIMILAR TO GOVERNMENTAL BONDS. (a) In General.--Subsection (a) of section 150 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by striking paragraphs (2) and (4), by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Exempt person.-- ``(A) In general.--The term `exempt person' means-- ``(i) a governmental unit, or ``(ii) a 501(c)(3) organization, but only with respect to its activities which do not constitute unrelated trades or businesses as determined by applying section 513(a). ``(B) Governmental unit not to include federal government.--The term `governmental unit' does not include the United States or any agency or instrumentality thereof. ``(C) 501(c)(3) organization.--The term `501(c)(3) organization' means any organization described in section 501(c)(3) and exempt from tax under section 501(a).'' (b) Repeal of Qualified 501(c)(3) Bond Designation.--Section 145 of such Code (relating to qualified 501(c)(3) bonds) is repealed. (c) Conforming Amendments.-- (1) Paragraph (3) of section 141(b) of such Code is amended-- (A) by striking ``government use'' in subparagraph (A)(ii)(I) and subparagraph (B)(ii) and inserting ``exempt person use'', (B) by striking ``a government use'' in subparagraph (B) and inserting ``an exempt person use'', (C) by striking ``related business use'' in subparagraph (A)(ii)(II) and subparagraph (B) and inserting ``related private business use'', (D) by striking ``related business use'' in the heading of subparagraph (B) and inserting ``related private business use'', and (E) by striking ``government use'' in the heading thereof and inserting ``exempt person use''. (2) Subparagraph (A) of section 141(b)(6) of such Code is amended by striking ``a governmental unit'' and inserting ``an exempt person''. (3) Paragraph (7) of section 141(b) of such Code is amended-- (A) by striking ``government use'' and inserting ``exempt person use'', and (B) by striking ``Government use'' in the heading thereof and inserting ``Exempt person use''. (4) Section 141(b) of such Code is amended by striking paragraph (9). (5) Paragraph (1) of section 141(c) of such Code is amended by striking ``governmental units'' and inserting ``exempt persons''. (6) Section 141 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Certain Issues Used To Provide Residential Rental Housing for Family Units.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this title, the term `private activity bond' includes any bond issued as part of an issue if any portion of the net proceeds of the issue are to be used (directly or indirectly) by an exempt person described in section 150(a)(2)(A)(ii) to provide residential rental property for family units. ``(2) Exception for bonds used to provide qualified residential rental projects.--Paragraph (1) shall not apply to any bond issued as part of an issue if the portion of such issue which is to be used as described in paragraph (1) is to be used to provide-- ``(A) a residential rental property for family units if the first use of such property is pursuant to such issue, ``(B) qualified residential rental projects (as defined in section 142(d)), or ``(C) property which is to be substantially rehabilitated in a rehabilitation beginning within the 2-year period ending 1 year after the date of the acquisition of such property. ``(3) Substantial rehabilitation.-- ``(A) In general.--Except as provided in subparagraph (B), rules similar to the rules of section 47(c)(1)(C) shall apply in determining for purposes of paragraph (2)(C) whether property is substantially rehabilitated. ``(B) Exception.--For purposes of subparagraph (A), clause (ii) of section 47(c)(1)(C) shall not apply, but the Secretary may extend the 24-month period in section 47(c)(1)(C)(i) where appropriate due to circumstances not within the control of the owner. ``(4) Certain property treated as new property.--Solely for purposes of determining under paragraph (2)(A) whether the 1st use of property is pursuant to tax-exempt financing-- ``(A) In general.--If-- ``(i) the 1st use of property is pursuant to taxable financing, ``(ii) there was a reasonable expectation (at the time such taxable financing was provided) that such financing would be replaced by tax-exempt financing, and ``(iii) the taxable financing is in fact so replaced within a reasonable period after the taxable financing was provided, then the 1st use of such property shall be treated as being pursuant to the tax-exempt financing. ``(B) Special rule where no operating state or local program for tax-exempt financing.--If, at the time of the 1st use of property, there was no operating State or local program for tax-exempt financing of the property, the 1st use of the property shall be treated as pursuant to the 1st tax-exempt financing of the property. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Tax-exempt financing.--The term `tax- exempt financing' means financing provided by tax-exempt bonds. ``(ii) Taxable financing.--The term `taxable financing' means financing which is not tax-exempt financing.'' (7) Section 141(f) of such Code, as redesignated by paragraph (6), is amended-- (A) by adding ``or'' at the end of subparagraph (E), (B) by striking ``, or'' at the end of subparagraph (F), and inserting in lieu thereof a period, and (C) by striking subparagraph (G). (8) The last sentence of section 144(b)(1) of such Code is amended by striking ``(determined'' and all that follows to the period. (9) Clause (ii) of section 144(c)(2)(C) of such Code is amended by striking ``governmental unit'' and inserting ``exempt person''. (10) Section 146(g) of such Code is amended-- (A) by striking paragraph (2), and (B) by redesignating the remaining paragraphs after paragraph (1) as paragraphs (2) and (3), respectively. (11) The heading of section 146(k)(3) of such Code is amended by striking ``governmental'' and inserting ``exempt person''. (12) The heading of section 146(m) of such Code is amended by striking ``Government'' and inserting ``Exempt Person''. (13) Subsection (h) of section 147 of such Code is amended to read as follows: ``(h) Certain Rules Not To Apply to Mortgage Revenue Bonds and Qualified Student Loan Bonds.--Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans' mortgage bond, or qualified student loan bond.'' (14) Section 147 of such Code is amended by striking paragraph (4) of subsection (b) and redesignating paragraph (5) of such subsection as paragraph (4). (15) Subparagraph (F) of section 148(d)(3) of such Code is amended-- (A) by striking ``or which is a qualified 501(c)(3) bond'', and (B) by striking ``governmental use bonds and qualified 501(c)(3)'' in the heading thereof and inserting ``exempt person''. (16) Subclause (II) of section 148(f)(4)(B)(ii) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (17) Clause (iv) of section 148(f)(4)(C) of such Code is amended-- (A) by striking ``a governmental unit or a 501(c)(3) organization'' each place it appears and inserting ``an exempt person'', and (B) by striking ``qualified 501(c)(3) bonds,''. (18) Subparagraph (A) of section 148(f)(7) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (19) Paragraph (2) of section 149(d) of such Code is amended-- (A) by striking ``(other than a qualified 501(c)(3) bond)'', and (B) by striking ``Certain private'' in the heading thereof and inserting in lieu thereof ``Private''. (20) Section 149(e)(2) of such Code is amended-- (A) by striking ``which is not a private activity bond'' in the second sentence and inserting ``which is a bond issued for an exempt person described in section 150(a)(2)(A)(i)'', and (B) by adding at the end thereof the following new sentence: ``Subparagraph (D) shall not apply to any bond which is not a private activity bond but which would be such a bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person.'' (21) The heading of subsection (b) of section 150 of such Code is amended by striking ``Tax-Exempt Private Activity Bonds'' and inserting ``Certain Tax-Exempt Bonds''. (22) Paragraph (3) of section 150(b) of such Code is amended-- (A) by inserting ``owned by a 501(c)(3) organization'' after ``any facility'' in subparagraph (A), (B) by striking ``any private activity bond which, when issued, purported to be a tax-exempt qualified 501(c)(3) bond'' in subparagraph (A) and inserting ``any bond which, when issued, purported to be a tax- exempt bond, and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person'', and (C) by striking the heading thereof and inserting ``Bonds for exempt persons other than governmental units.--''. (23) Paragraph (5) of section 150(b) of such Code is amended-- (A) by striking ``private activity'' in subparagraph (A), (B) by inserting ``and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person'' after ``tax-exempt bond'' in subparagraph (A), (C) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) such facility is required to be owned by an exempt person, and'', and (D) by striking ``governmental units or 501(c)(3) organizations'' in the heading thereof and inserting ``exempt persons''. (24) Section 150 of such Code is amended by adding at the end thereof the following new subsection: ``(f) Certain Rules To Apply to Bonds for Exempt Persons Other Than Governmental Units.-- ``(1) In general.--Nothing in section 103(a) or any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person unless such bond satisfies the requirements of subsections (b) and (f) of section 147. ``(2) Special rule for pooled financing of 501(c)(3) organization.-- ``(A) In general.--At the election of the issuer, a bond described in paragraph (1) shall be treated as meeting the requirements of section 147(b) if such bond meets the requirements of subparagraph (B). ``(B) Requirements.--A bond meets the requirements of this subparagraph if-- ``(i) 95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of property to be used by such organizations, ``(ii) each loan described in clause (i) satisfies the requirements of section 147(b) (determined by treating each loan as a separate issue), ``(iii) before such bond is issued, a demand survey was conducted which shows a demand for financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and ``(iv) 95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds after such 1- year period, bonds issued as part of such issue are to be redeemed as soon as possible thereafter (and in no event later than 18 months after issuance). A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued as part of such issue is more than 30 years after the date on which the bond was issued (or, in the case of a refunding or series of refundings, the date on which the original bond was issued).'' (25) Section 1302 of the Tax Reform Act of 1986 is repealed. (26) Subparagraph (C) of section 57(a)(5) of such Code is amended by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (27) Paragraph (3) of section 103(b) of such Code is amended by inserting ``and section 150(f)'' after ``section 149''. (28) Paragraph (3) of section 265(b) of such Code is amended-- (A) by striking clause (ii) of subparagraph (B) and inserting the following: ``(ii) Certain bonds not treated as private activity bonds.--For purposes of clause (i)(II), there shall not be treated as a private activity bond any obligation issued to refund (or which is part of a series of obligations issued to refund) an obligation issued before August 8, 1986, which was not an industrial development bond (as defined in section 103(b)(2) as in effect on the day before the date of the enactment of the Tax Reform Act of 1986 (or a private loan bond (as defined in section 103(o)(2)(A), as so in effect, but without regard to any exemption from such definition other than section 103(o)(2)(A)))).''; and (B) by striking ``(other than a qualified 501(c)(3) bond, as defined in section 145)'' in subparagraph (C)(ii)(I). (f) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. (2) Special rule for certain bonds issued after date of enactment.-- (A) In general.--The amendments made by this section shall not apply to any bond which-- (i) is issued after the date of the enactment of this Act, and (ii) is part of an issue which is subject to any transitional rule under subtitle B of title XIII of the Tax Reform Act of 1986. (B) Election out.--This paragraph shall not apply to any issue with respect to which the issuer elects not to have this paragraph apply. (3) Delayed effective date with respect to small issuer rules.--For purposes of section 148(f)(4)(D) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to bonds issued in calendar years beginning after the date of the enactment of this Act.
Nonprofit Organizations Tax-Exempt Bond Reform Act of 1993 - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric Research Initiative Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) innovations in health care, deriving from scientific investigation of the highest quality, offer substantial benefits to the well-being of children and savings in health care costs; (2) findings in pediatric research not only promote and maintain health throughout a child's lifespan, but also contribute significantly to new insights and discoveries that will aid in the prevention and treatment of illnesses and conditions among adults; (3) the rapidly expanding knowledge base in biology and medicine is offering greater opportunities than ever for pediatric physician-scientists and basic researchers to harness this knowledge to the benefit of children and society; (4) the relatively smaller number of children compared as to adults and the relative rarity of many of their diseases and conditions has resulted in comparatively fewer resources being devoted to pediatric research and a lesser focus on children's needs; (5) substantially more of the support for children's health research is provided through the Federal Government than is the case for adults because of these market forces; (6) a new commitment to invest in children's research today will make a real difference for children tomorrow; (7) the commitment to invest in children's research should include not only added investment that is devoted to pediatric research but should also focus on ensuring the existence of a future supply of pediatric physician-scientists; (8) the supply of pediatric physician-scientists is threatened by market demands which provide little room for support for research training for new pediatric physician- scientists; (9) over 60 percent of the pediatric departments in the United States have no National Institutes of Health training grant support; and (10) improvements in the level of training grant support is essential to ensuring the existence of future generations of pediatric clinical investigators who are responsible for moving research discoveries from the laboratories to the patients, and who are therefore critical to clinical research. SEC. 3. ESTABLISHMENT OF A PEDIATRIC RESEARCH INITIATIVE. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404F. PEDIATRIC RESEARCH INITIATIVE. ``(a) Establishment.--The Secretary shall establish within the Office of the Director of NIH a Pediatric Research Initiative (referred to in this section as the `Initiative'). The Initiative shall be headed by the Director of NIH. ``(b) Purpose.--The purpose of the Initiative is to provide funds to enable the Director of NIH to encourage-- ``(1) increased support for pediatric biomedical research within the National Institutes of Health to ensure that the expanding opportunities for advancement in scientific investigations and care for children are realized; ``(2) enhanced collaborative efforts among the Institutes to support multidisciplinary research in the areas that the Director deems most promising; and ``(3) the development of adequate pediatric clinical trials and pediatric use information to promote the safer and more effective use of prescription drugs in the pediatric population. ``(c) Duties.--In carrying out subsection (b), the Director of NIH shall-- ``(1) consult with the Institute of Child Health and Human Development and the other Institutes, in considering their requests for new or expanded pediatric research efforts, and consult with other advisors as the Director determines appropriate; ``(2) have broad discretion in the allocation of any Initiative assistance among the Institutes, among types of grants, and between basic and clinical research so long as the-- ``(A) assistance is directly related to the illnesses and conditions of children; and ``(B) assistance is extramural in nature; and ``(3) be responsible for the oversight of any newly appropriated Initiative funds and annually report to Congress and the public on the extent of the total extramural support for pediatric research across the NIH, including the specific support and research awards allocated through the Initiative. ``(d) Authorization.--To carry out this section, there is authorized to be appropriated in the aggregate, $50,000,000 for each of the fiscal years 2000 through 2002. ``(e) Transfer of Funds.--The Director of NIH may transfer amounts appropriated under this section to any of the Institutes for a fiscal year to carry out the purposes of the Initiative under this section.''. SEC. 4. INVESTMENT IN TOMORROW'S PEDIATRIC RESEARCHERS. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452E. INVESTMENT IN TOMORROW'S PEDIATRIC RESEARCHERS. ``(a) In General.--The Secretary shall make available within the National Institute of Child Health and Human Development enhanced support for extramural activities relating to the training and career development of pediatric researchers. ``(b) Purpose.--The purpose of support provided under subsection (a) shall be to ensure the future supply of researchers dedicated to the care and research needs of children by providing for-- ``(1) an increase in the number and size of institutional training grants to medical school pediatric departments and children's hospitals; and ``(2) an increase in the number of career development awards for pediatricians building careers in pediatric basic and clinical research. ``(c) Authorization.--To carry out this section, there is authorized to be appropriated, $10,000,000 for fiscal year 2000, $15,000,000 for fiscal year 2001, and $20,000,000 for fiscal year 2002.''.
Pediatric Research Initiative Act of 1999 - Amends the Public Health Service Act to mandate establishment, in the National Institutes of Health, of a Pediatric Research Initiative. Authorizes appropriations. Directs the Secretary of Health and Human Services to make available within the National Institute of Child Health and Human Development enhanced support for extramural activities relating to the training and career development of pediatric researchers. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Agricultural Exports Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has a long history of providing safe and reliable exports. Close proximity to Cuba further lends itself to low transportation costs for United States goods exported to Cuba. The United States is geographically poised to be a significant trading partner in agricultural commodities. United States and Cuban borders are less than 100 miles apart, meaning lower shipping costs and shorter transit times compared to our competitors. (2) Cuba imports approximately 80 percent of its food, with global agricultural exports to Cuba doubling over the past decade to $1.9 billion. (3) In 2005, the United States Department of the Treasury published a final rule narrowing the definition of ``cash in advance'' for trading with Cuba, requiring that cash payments must be made before United States products leave United States ports, rather than the more customary payment upon delivery. United States firms are precluded from offering credit to ALIMPORT, a state-owned and state-controlled entity that makes all decisions regarding United States imports to the Cuban market, resulting in declining United States agricultural exports to Cuba. Notably, rice exports fell from a value of $64 million in 2004 to essentially $0 in 2009 and subsequent years. Recent action by the Administration reverses that change to the definition of cash in advance, but United States agricultural exporters are still not permitted to extend credit to Cuban buyers, a key disadvantage relative to other exporting nations. (4) Despite these restrictions, the United States has been the largest exporter of agricultural goods to Cuba over the last decade. However, the United States slipped to being the second leading exporter of agricultural goods to Cuba in 2013 and the third leading exporter of agricultural goods to Cuba in 2014. (5) While trade opportunities exist, Cuba remains an undemocratic autocracy that oppresses its own people and restricts freedom. (6) In addition, there is no opportunity for United States agricultural businesses to trade directly with the Cuban people and there is no Cuban market. At present, there is just one opportunity for United States businesses to trade with Cuba and that is through ALIMPORT, the state-owned and state-controlled entity described in paragraph (3). (7) With these cautionary factors in mind, it is important to provide United States farmers and ranchers additional opportunities to benefit from trade with Cuba. SEC. 3. MODIFICATION OF PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING FOR CERTAIN EXPORTS TO CUBA UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) Assistance for Exports to Cuba.--Section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) is amended-- (1) in the section heading, by striking ``and financing''; (2) by striking subsection (b); (3) in subsection (a)-- (A) by redesignating paragraphs (2) and (3) as subsections (b) and (c), respectively, and by moving such subsections, as so redesignated, 2 ems to the left; and (B) by adding at the end of subsection (a) the following: ``(2) Exception for certain programs.-- ``(A) In general.--Subject to subparagraph (B), paragraph (1) shall not apply with respect to exports to Cuba under section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622), section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or section 702 of the Agricultural Trade Act of 1978 (7 U.S.C. 5722), including any obligation or expenditure of funds by Federal commodity promotion programs established in accordance with a commodity promotion law, as defined by section 501(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401(a)). ``(B) Restriction on certain recipients.--The exception under subparagraph (A) shall not apply if the recipient of the United States assistance would be an entity controlled by the Government of Cuba, including the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision of either governmental entity.''; (4) in subsection (b), as so redesignated, by striking ``paragraph (1)'' and inserting ``subsection (a)''; and (5) in subsection (c), as so redesignated, by striking ``paragraph (1)'' and inserting ``subsection (a)(1)''. (b) Financing of Sales of Agricultural Commodities to Cuba.-- (1) In general.--Notwithstanding any other provision of law (other than section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207), as amended by subsection (a)), a person subject to the jurisdiction of the United States may provide payment or financing terms for sales of agricultural commodities to Cuba or an individual or entity in Cuba. (2) Definitions.--In this section: (A) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (B) Financing.--The term ``financing'' includes any loan or extension of credit. (c) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports to Cuba on or after such date of enactment. SEC. 4. AUTHORITY OF PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED STATES TO INVEST WITH RESPECT TO CERTAIN AGRICULTURAL BUSINESS IN CUBA. (a) In General.--Notwithstanding any other provision of law, a person subject to the jurisdiction of the United States may make an investment with respect to the development of an agricultural business in Cuba if the Secretary of State and Secretary of Agriculture jointly determine that-- (1) the agricultural business is not controlled by the Government of Cuba, including the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision of either governmental entity; and (2) the agricultural business does not traffic in property of persons subject to the jurisdiction of the United States which was confiscated by the Cuban Government on or after January 1, 1959. (b) Definitions.--In this section: (1) Agricultural business.--The term ``agricultural business'' means any entity involved in the production, manufacture, or distribution of agricultural products (as such term is defined in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626)). (2) Confiscated, cuban government, property, and traffic.-- The terms ``confiscated'', ``Cuban Government'', ``property'', and ``traffic'' have the meaning given such terms in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). (3) Investment.--The term ``investment'', with respect to the development of an agricultural business in Cuba, means-- (A) entry into a contract involving the purchase of a share of ownership, including an equity interest, in the development of the agricultural business; (B) entry into a contract providing for participation in royalties, earnings, or profits in the development of the agricultural business; or (C) entry into, or performance or financing of, a contract to sell goods, services, or technology relating to the agricultural business.
Cuba Agricultural Exports Act This bill amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to exempt from prohibitions against U.S. assistance to Cuba any exports under the market access program, the export credit guarantee program, and the foreign market development cooperator program, including any federal commodity promotion program obligations or expenditures of funds. This exemption shall not apply if the U.S. assistance recipient would be an entity controlled by the Cuban government, including the armed forces, the Ministry of the Interior, or any subdivision of either governmental entity. A person subject to U.S. jurisdiction may invest in the development of an agricultural business in Cuba if the Department of State and the Department of Agriculture jointly determine that the agricultural business: is not controlled by the government of Cuba, including the armed forces, the Ministry of the Interior, or any subdivision of either governmental entity; and does not traffic in property of persons subject to U.S. jurisdiction which was confiscated by Cuba on or after January 1, 1959. Certain language limiting financing of agricultural sales to Cuba is repealed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Contractor Use and Taxpayer Savings Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 2002, the Department of Defense has spent more than $2,000,000,000,000 on service contractors. (2) The decade-long trend of outsourcing work has created a shadow government of service contractors that are largely dependent on the taxpayers as their sole source of revenue. (3) Studies show that service contractors can cost taxpayers up to twice what it costs for members of the Armed Forces to perform the work. (4) In 2013, the Department of Defense spent nearly $180,000,000,000 on service contractors, making it the largest buyer of services in the Federal Government. (5) Approximately 30 percent of the intelligence community workforce is made up of service contractors, employees that work for companies whose primary goal is to make a profit and have never sworn an oath to defend and protect the United States. (6) Since 2002, Congress has repeatedly enacted legislation to improve the Department of Defense's management of service contractors. However, in 2013 the Government Accountability Office (GAO) found that, while the Department has taken action to address such legislative requirements, there are no metrics in place to determine the effects of those actions. SEC. 3. INSPECTOR GENERAL ANALYSIS OF SERVICE CONTRACTOR INVENTORY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Defense shall submit to the congressional defense committees a comprehensive analysis of the global inventory Department of Defense service contractors. (b) Elements.--The analysis required under subsection (a) shall include the following elements: (1) A comprehensive inventory of Department of Defense service contractors. (2) An analysis of the types of service contracts that were significantly expanded after fiscal year 2002. (3) Identification of redundancies in the inventory. (c) Public Availability.--The analysis required under subsection (a) shall be made publically available. SEC. 4. DEFENSE CONTRACT AUDIT AGENCY REPORTING ON SERVICE CONTRACTS. (a) Audits.--The Defense Contract Audit Agency, in conducting audits of defense contracts, shall distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. (b) Reporting.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Defense Contract Audit Agency shall submit to the congressional defense committees a report containing its findings pursuant to subsection (a). The report shall be made publically available. SEC. 5. SERVICE ACQUISITION IMPROVEMENT PLAN. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology and Logistics shall, in consultation with the senior services managers of the military departments, submit to the congressional defense committees a plan to improve the acquisition of services by the Department of Defense. (b) Elements.--The plan required under subsection (a) shall include the following elements: (1) Baseline data on the status of service acquisition, including budget and spending data on services by volume, type, and location. (2) Specific goals for improving service acquisition. (3) Metrics to assess progress in meeting the goals outlined under paragraph (2). SEC. 6. REPORTING ON USE OF SERVICE CONTRACTS BY INTELLIGENCE COMMUNITY. (a) Annual Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the congressional defense committees and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report with an inventory of service contractors used by each element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (b) Form.--The report required under subsection (a) may be submitted in classified form, but shall contain an unclassified summary including the total amount expended by each element of the intelligence community on service contracts. SEC. 7. LIMITATION ON ALLOWABLE GOVERNMENT CONTRACTOR COMPENSATION COSTS. (a) Limitation.-- (1) Civilian contracts.--Paragraph (16) of section 4304(a) of title 41, United States Code, is amended to read as follows: ``(16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.''. (2) Defense contracts.--Subparagraph (P) of section 2324(e)(1) of title 10, United States Code, is amended to read as follows: ``(P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual salary of the President as determined under section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.''. (b) Conforming Amendments.-- (1) Repeal.--Section 1127 of title 41, United States Code, is repealed. (2) Clerical amendment.--The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1127. (c) Applicability.--This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports.-- (1) In general.--Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Oversight and Government Reform of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements.--The report required under paragraph (1) shall include-- (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described in section 4304(a)(16) of title 41, United States Code (as amended by subsection (a)(1)), and section 2324(e)(1)(P) of title 10, United States Code (as amended by subsection (a)(2)), during the preceding fiscal year; (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year. SEC. 8. REDUCTION IN SERVICE CONTRACT SPENDING. (a) Three-Year Requirement.-- (1) Limitation.--The aggregate amount obligated and expended by the Department of Defense for service contracts in fiscal years beginning after September 30, 2017, may not exceed the lesser of-- (A) the amount equal to 67 percent of the aggregate amount expended for service contracts in fiscal year 2014; or (B) the amount equal to 67 percent of the amount appropriated for the Department of Defense for the current fiscal year and available for service contracts. (2) Inapplicability of limitation.--The limitation in paragraph (1)(B) shall not apply if the Secretary of Defense certifies to Congress in writing that the aggregate amount to be obligated and expended by the Department of Defense in such fiscal year for service contracts will not exceed the amount specified in paragraph (1)(A). (b) Ten-Year Requirement.--The amount obligated and expended by the Department of Defense on service contracts in fiscal years beginning after September 30, 2024, may not exceed the amount obligated or expended by the Department of Defense on service contracts in fiscal year 2002 (adjusted for inflation). SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code.
Cutting Contractor Use and Taxpayer Savings Act of 2014 - Directs the Inspector General of the Department of Defense (DOD) to submit to the congressional defense committees, and make publicly available, an annual comprehensive analysis of the global inventory of DOD service contractors. Requires the Defense Contract Audit Agency, in conducting audits of defense contracts, to distinguish service contracts in its analysis, including by distinguishing the percentage of payment awarded for service elements on contracts containing both manufacturing and service elements. Directs the Agency to submit to the congressional defense committees, and make publicly available, an annual report on its findings. Directs the Under Secretary of Defense for Acquisition, Technology and Logistics to submit a plan to the congressional defense committees to improve the acquisition of services by DOD. Requires the Director of National Intelligence to submit to the congressional defense and intelligence committees an annual inventory of the service contractors used by each element of the intelligence community. Prohibits civilian or defense contracts from allowing compensation of contractor and subcontractor employees for a fiscal year to exceed the annual salary of the President (currently, $400,000). Allows an exception to such limitation for scientists, engineers, or other specialists who are needed to ensure that an executive agency has continued access to needed skills and capabilities. Requires the Director of the Office of Management and Budget (OMB) to submit an annual report to specified congressional committees on contractor compensation, including the number of contractor employees who were exempt in the preceding fiscal year from this Act's compensation limits. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year through FY2024 from exceeding the lesser of: (1) 67% of the aggregate amount expended for service contracts in FY2014, or (2) 67% of the amount appropriated for DOD for the current fiscal year that is available for service contracts. Makes the latter limitation inapplicable if the Secretary certifies to Congress in writing that DOD will not exceed the prior limitation. Prohibits the aggregate amount obligated and expended by DOD for service contracts in each fiscal year after FY2023 from exceeding the amount obligated or expended by DOD on service contracts in FY2002 (adjusted for inflation).
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SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1999''. (b) Reference.--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 Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not contain the name of any individual employee. ``(C) In order to carry out the purposes of this Act, the contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment.
(Sec. 4) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. (Sec. 5) Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. (Sec. 6) Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. (Sec. 7) Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Partnerships to Prevent Opioid Abuse Act''. SEC. 2. PROGRAM INTEGRITY TRANSPARENCY MEASURES UNDER MEDICARE PARTS C AND D. (a) In General.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection: ``(i) Program Integrity Transparency Measures.-- ``(1) Program integrity portal.-- ``(A) In general.--Not later than two years after the date of the enactment of this subsection, the Secretary shall, after consultation with stakeholders, establish a secure Internet website portal (or other successor technology) that would allow a secure path for communication between the Secretary, MA plans under this part, prescription drug plans under part D, and an eligible entity with a contract under section 1893 (such as a Medicare drug integrity contractor or an entity responsible for carrying out program integrity activities under this part and part D) for the purpose of enabling through such portal (or other successor technology)-- ``(i) the referral by such plans of substantiated fraud, waste, and abuse for initiating or assisting investigations conducted by the eligible entity; and ``(ii) data sharing among such MA plans, prescription drug plans, and the Secretary. ``(B) Required uses of portal.--The Secretary shall disseminate the following information to MA plans under this part and prescription drug plans under part D through the secure Internet website portal (or other successor technology) established under subparagraph (A): ``(i) Providers of services and suppliers that have been referred pursuant to subparagraph (A)(i) during the previous 12- month period. ``(ii) Providers of services and suppliers who are the subject of an active exclusion under section 1128 or who are subject to a suspension of payment under this title pursuant to section 1862(o) or otherwise. ``(iii) Providers of services and suppliers who are the subject of an active revocation of participation under this title, including for not satisfying conditions of participation. ``(iv) In the case of such a plan that makes a referral under subparagraph (A)(i) through the portal (or other successor technology) with respect to activities of substantiated fraud, waste, or abuse of a provider of services or supplier, if such provider or supplier has been the subject of an administrative action under this title or title XI with respect to similar activities, a notification to such plan of such action so taken. ``(C) Rulemaking.--For purposes of this paragraph, the Secretary shall, through rulemaking, specify what constitutes substantiated fraud, waste, and abuse, using guidance such as what is provided in the Medicare Program Integrity Manual 4.7.1. ``(D) HIPAA compliant information only.--For purposes of this subsection, communications may only occur if the communications are permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(2) Quarterly reports.--Beginning two years after the date of enactment of this subsection, the Secretary shall make available to MA plans under this part and prescription drug plans under part D in a timely manner (but no less frequently than quarterly) and using information submitted to an entity described in paragraph (1) through the portal (or other successor technology) described in such paragraph or pursuant to section 1893, information on fraud, waste, and abuse schemes and trends in identifying suspicious activity. Information included in each such report shall-- ``(A) include administrative actions, pertinent information related to opioid overprescribing, and other data determined appropriate by the Secretary in consultation with stakeholders; and ``(B) be anonymized information submitted by plans without identifying the source of such information. ``(3) Clarification.--Nothing in this subsection shall be construed as precluding or otherwise affecting referrals described in subparagraph (A) that may otherwise be made to law enforcement entities or to the Secretary.''. (b) Contract Requirement To Communicate Plan Corrective Actions Against Opioids Over-prescribers.--Section 1857(e)(4)(C) of the Social Security Act (42 U.S.C. 1395w-27(e)(4)(C)) is amended by adding at the end the following new paragraph: ``(5) Communicating plan corrective actions against opioids over-prescribers.-- ``(A) In general.--Beginning with plan years beginning on or after January 1, 2021, a contract under this section with an MA organization shall require the organization to submit to the Secretary, through the process established under subparagraph (B), information on the investigations and other actions taken by such plans related to providers of services who prescribe a high volume of opioids. ``(B) Process.--Not later than January 1, 2021, the Secretary shall, in consultation with stakeholders, establish a process under which MA plans and prescription drug plans shall submit to the Secretary information described in subparagraph (A). ``(C) Regulations.--For purposes of this paragraph, including as applied under section 1860D-12(b)(3)(D), the Secretary shall, pursuant to rulemaking-- ``(i) specify a definition for the term `high volume of opioids' and a method for determining if a provider of services prescribes such a high volume; and ``(ii) establish the process described in subparagraph (B) and the types of information that shall be submitted through such process.''. (c) Reference Under Part D to Program Integrity Transparency Measures.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w- 104) is amended by adding at the end the following new subsection: ``(m) Program Integrity Transparency Measures.--For program integrity transparency measures applied with respect to prescription drug plan and MA plans, see section 1859(i).''.
Strengthening Partnerships to Prevent Opioid Abuse Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a secure online portal to allow: (1) data sharing among the CMS, Medicare prescription drug benefit plans, and Medicare Advantage (MA) plans; and (2) referrals by such plans of substantiated fraud, waste, or abuse in order to initiate or assist investigations by contracted entities under the Medicare Integrity Program. The CMS must disseminate and report certain collected information to such plans, including information regarding providers that were referred through the portal and trends in identifying suspicious activity. Additionally, for plan years beginning on or after January 1, 2021, MA organizations must submit information to the CMS regarding investigations or other actions taken by MA plans against providers that prescribe high volumes of opioids (as determined by the CMS).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Future Accountability in Retail Fuel Act'' or the ``FAIR Fuel Act''. SEC. 2. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT. (a) In General.-- (1) New motor fuel dispensers.--Beginning 90 days after the issuance of final regulations under subsection (c), all motor fuel dispensers that are newly installed or upgraded at any retail fuel establishment in the United States shall be equipped with automatic temperature compensation equipment to ensure that any volume of gasoline or diesel fuel measured by such dispenser for retail sale is equal to the volume that such quantity of fuel would equal at the time of such sale if the temperature of the fuel was 60 degrees Fahrenheit. (2) Existing motor fuel dispensers.--Not later than 5 years after the issuance of final regulations under subsection (c), all motor fuel dispensers at any retail fuel establishment in the United States shall be equipped with the automatic temperature compensation equipment described in paragraph (1). (b) Inspections.-- (1) Annual inspection.--Beginning on the date described in subsection (a), State inspectors conducting an initial or annual inspection of motor fuel dispensers are authorized to determine if such dispensers are equipped with the automatic temperature compensation equipment required under subsection (a). (2) Notification.--If the State inspector determines that a motor fuel dispenser does not comply with the requirement under subsection (a), the State inspector is authorized to notify the Federal Trade Commission, through an electronic notification system developed by the Commission, of such noncompliance. (3) Follow-up inspection.--Not earlier than 180 days after a motor fuel dispenser is found to be out of compliance with the requirement under subsection (a), the Federal Trade Commission shall coordinate a follow-up inspection of such motor fuel dispenser. (4) Fine.-- (A) In general.--The owner or operator of any retail fuel establishment with a motor fuel dispenser subject to the requirement under subsection (a) that is determined to be out of compliance with such requirement shall be subject to a fine equal to $5,000 for each noncompliant motor fuel dispenser. (B) Additional fine.--If a motor fuel dispenser is determined to be out of compliance during a follow-up inspection, the owner or operator of the retail fuel establishment at which such motor fuel dispenser is located shall be subject to an additional fine equal to $5,000. (5) Use of fines.--Any amounts collected under paragraph (4) shall be deposited into the trust fund established under section 3. (c) Defined Term.--In this Act, the term ``automatic temperature compensation equipment'' has the meaning given the term in the National Institute of Standards and Technology Handbook 44. (d) Rulemaking.-- (1) Commencement.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the National Institute of Standards and Technology, shall commence a rulemaking procedure to implement the requirement under subsection (a). (2) Final regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall issue final regulations to implement the requirement under subsection (a), including specifying which volume correction factor tables shall be used for the range of gasoline and diesel fuel products that are sold to retail customers in the United States. SEC. 3. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT GRANT PROGRAM. (a) Establishment of Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Automatic Temperature Compensation Equipment Trust Fund'' (referred to in this section as the ``Trust Fund''). (2) Transfers.--The Secretary of the Treasury shall transfer to the Trust Fund out of the general fund of the Treasury an amount equal to the amount collected as fines under section 2(b)(4). (3) Investment.--The Secretary of the Treasury shall invest such portion of the Trust Fund as is not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (b) Grants Authorized.-- (1) In general.--The Secretary of Commerce is authorized to use amounts in the Trust Fund for grants to owners and operators of retail fuel establishments to offset the costs associated with the installation of automatic temperature compensation equipment on motor fuel dispensers. (2) Maximum amount.--The Secretary may not award a grant under this subsection in excess of-- (A) $1,000 per motor fuel dispenser; or (B) $10,000 per grant recipient. (3) Ineligible companies.--A major integrated oil company (as defined in section 167(h)(5) of the Internal Revenue Code of 1986) is ineligible to receive a grant under this subsection. (4) Use of grant funds.--Grant funds received under this subsection may be used to offset the costs incurred by owners and operators of retail establishments to acquire and install automatic temperature compensation equipment in accordance with the requirement under section 2(a). (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Reimbursement of State Inspection Costs.--The Secretary of Commerce is authorized to use amounts in the Trust Fund to reimburse States for the costs incurred by the States to-- (1) inspect motor fuel dispensers for compliance with the requirement under section 2(a); and (2) notify the Secretary of Commerce of any noncompliance with such requirement. SEC. 4. SAVINGS PROVISION. (a) In General.--Nothing in this Act may be construed to preempt a State from enacting a law that imposes an equivalent standard or a more stringent standard concerning the retail sale of gasoline at certain temperatures. (b) Defined Term.--In this section, the term ``equivalent standard'' means any standard that prohibits the retail sale of gasoline with energy content per gallon that is different than the energy content of 1 gallon of gasoline stored at 60 degrees Fahrenheit.
Future Accountability in Retail Fuel Act or the FAIR Fuel Act - Requires, after a specified period, all new and existing motor fuel dispensers at retail fuel stations to be equipped with automatic temperature compensation equipment. Requires state inspectors to conduct annual inspections of motor fuel dispensers at such stations and to notify the Federal Trade Commission of any noncompliance with the requirements of this Act. Subjects owners or operators of retail fuel stations who are not in compliance to certain fines. Establishes the Automatic Temperature Compensation Equipment Trust Fund. Authorizes the Secretary of Commerce to use amounts in the Trust Fund to award grants to owners and operators of retail fuel stations to offset the costs for the installation of automatic temperature compensation equipment on motor fuel dispensers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.S. New Jersey Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The U.S.S. New Jersey was launched December 7, 1942, the start of nearly 50 years of dedicated service to our Nation prior to final decommissioning in 1991. (2) After commissioning, the U.S.S. New Jersey was sent to the Pacific, and played a key role in operations in the Marshalls, Marianas, Carolines, Philippines, Iwo Jima, and Okinawa, with a particular highlight being the U.S.S. New Jersey's service as the flagship for Commander 3d Fleet, Admiral William ``Bull'' Halsey, during the Battle of Leyte Gulf in October 1944. (3) After the Allied victory in World War II, the U.S.S. New Jersey was deactivated in 1948 until being called to service for the second time, in November 1950. (4) The U.S.S. New Jersey served two tours in the Western Pacific during the Korean War, serving as flagship for Commander 7th Fleet. (5) After her valiant service during the Korean War, the U.S.S. New Jersey was again mothballed in 1957, only to be re- activated again in 1968 to serve as the only active-duty Navy battleship. (6) The U.S.S. New Jersey served a successful tour during the Vietnam conflict, providing critical major-caliber fire support for friendly troops, before again being decommissioned in December 1969. (7) The U.S.S. New Jersey's service to our country did not end with the Vietnam conflict, as she was again called to active duty status in December 1982 and provided a show of strength off the coast of Nicaragua, in Central America in 1983. (8) The Navy again called upon the U.S.S. New Jersey to provide critical support by sending her to the Mediterranean in 1983 to provide critical fire support to Marines in embattled Beirut, Lebanon. (9) The U.S.S. New Jersey continued to serve the Navy in a variety of roles, including regular deployments in the Western Pacific. (10) The U.S.S. New Jersey was decommissioned for the fourth and final time in February 1991. (11) In 1998 Congress passed legislation to decommission the U.S.S. New Jersey and permanently berth her in the State of New Jersey. (12) The State has strongly endorsed bringing the U.S.S. New Jersey home, and has issued commemorative license plates and taken other steps to raise funds for the costs of relocating the U.S.S. New Jersey. (13) The New Jersey congressional delegation is united in its support for bringing the U.S.S. New Jersey home to New Jersey. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the U.S.S. New Jersey, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (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 section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of service of the U.S.S. New Jersey. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2002''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of the U.S.S. New Jersey. (4) General design.--In designing this coin, the Secretary shall also consider incorporating appropriate elements from the tenure of service of the U.S.S. New Jersey in the Navy. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and shall be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2002, and ending on December 31, 2002. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, 10 percent of the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the U.S.S. New Jersey Battleship Foundation in Middletown, New Jersey, for activities associated with the costs of moving the U.S.S. New Jersey and permanently berthing her in her new location. (b) Audits.--The U.S.S. New Jersey Battleship Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.
U.S.S. New Jersey Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins in commemoration of the U.S.S. New Jersey. Mandates that ten percent of all coin surcharges be paid to the U.S.S. New Jersey Battleship Foundation in Middletown, New Jersey, for activities associated with the costs of moving the U.S.S. New Jersey and permanently berthing her in her new location.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Effective Drug Studies Act of 2017'' or the ``MEDS Act''. SEC. 2. MARIJUANA RESEARCH. (a) In General.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (4) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (5) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (6) by inserting before paragraph (4), as so designated, the following: ``(3)(A) The Attorney General shall register a practitioner to conduct research with marijuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health; and ``(iii) the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use, in accordance with subparagraph (E). ``(B) The Attorney General shall grant an application for registration under this paragraph unless the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. ``(iii) Compliance with applicable State, Federal, or local laws relating to controlled substances. ``(iv) Such other conduct by the applicant that may threaten the public health and safety. ``(C) Not later than 90 days after the date of enactment of this paragraph, for purposes of subparagraph (A)(ii)(II), the National Institutes of Health shall establish a process that-- ``(i) allows a researcher to voluntarily submit the research protocol of the researcher for review and approval; and ``(ii) provides a researcher described in clause (i) with a decision not later than 30 days after the date on which the research protocol is submitted. ``(D)(i) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this paragraph, the Attorney General shall-- ``(I) approve the application; or ``(II) serve an order to show cause upon the applicant in accordance with section 304(c). ``(ii) For purposes of clause (i), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph (A) are satisfied. ``(E)(i) A researcher registered under this paragraph shall store marijuana to be used in research in a securely locked, substantially constructed cabinet. ``(ii) Any other security measures required by the Attorney General under this paragraph to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II that have a similar risk of diversion and abuse. ``(F)(i) If the Attorney General grants an application for registration under this paragraph, the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- ``(I) change the type of drug, the source of the drug, or the conditions under which the drug is stored, tracked, or administered; or ``(II) otherwise increase the risk of diversion. ``(ii) If an applicant amends or supplements the research protocol under clause (i), the applicant shall, in order to renew the registration under this paragraph, provide notice to the Attorney General of the amended or supplemented research protocol in the applicant's renewal materials. ``(iii)(I) If an applicant amends or supplements the research protocol in a manner that involves a change to the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered or otherwise increases the risk of diversion, the applicant shall provide notice to the Attorney General not later than 30 days before proceeding on such amended or supplemental research protocol. ``(II) If the Attorney General does not object during the 30-day period following a notification under subclause (I), the applicant may proceed with the amended or supplemental research protocol. ``(iv) The Attorney General may object to an amended or supplemental research protocol under clause (i) or (iii) if additional security measures are needed to safeguard against diversion or abuse. ``(G) Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana that is conducted in accordance with this paragraph and other applicable provisions of this title. ``(H) If marijuana or a compound of marijuana is listed on a schedule other than schedule I-- ``(i) the provisions of this subsection that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound, as applicable; and ``(ii) subparagraphs (A) through (G) of this paragraph shall not apply to research with marijuana or that compound, as applicable.''. (b) Conforming Amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 3. MANUFACTURING OF MARIJUANA FOR CLINICAL USE. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(k) Registration of Persons To Manufacture and Distribute Marijuana.-- ``(1) Manufacture and distribution for use in research.-- The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government to the extent that the marijuana is intended to be used exclusively for legitimate research and scientific uses, in accordance with the applicable requirements under subsection (a) or (b) for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(2) Manufacture and distribution for commercial production of fda-approved drugs.--The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government exclusively for the purpose of commercial production of a drug containing or derived from marijuana that is approved by the Secretary under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(3) No limit on number of manufacturers and distributors.--The Attorney General shall not impose a limit on the number of applicants eligible to be registered under paragraph (1) or (2). ``(4) Timing.--Not later than 30 days after the date on which the Attorney General receives an application for registration under paragraph (1) or (2), the Attorney General shall-- ``(A) grant the application; or ``(B) serve an order to show cause upon the applicant in accordance with section 304(c). ``(5) Determination of supply.--In considering the factors under subsection (a) or (b), as applicable, for the purposes of registering an applicant eligible under paragraph (1) or (2) of this subsection, the Attorney General shall consider the demand from researchers for an adequate and uninterrupted supply of specific strains of marijuana and for marijuana grown pursuant to specific manufacturing processes. ``(6) Relation to the single convention on narcotic drugs.-- ``(A) Constructive possession and control.--The registration of manufacturers and distributors of marijuana under paragraphs (1) and (2) shall constitute constructive possession and control by the Federal Government for the purposes of the obligations under the Single Convention on Narcotic Drugs. ``(B) Article 28.--Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, the manufacturing of marijuana that is conducted in accordance with paragraph (1) or (2), as applicable, and other applicable provisions of this title.''. SEC. 4. GOOD MANUFACTURING PRACTICES. Not later than 180 days after the date of enactment of this Act, the National Institute for Drug Abuse shall develop and publish recommendations for good manufacturing practices for growing and producing marijuana (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802), as amended by this Act) for research. SEC. 5. QUOTAS. Section 306(e) of the Controlled Substances Act (21 U.S.C. 826(e)) is amended in the third sentence by striking ``exceeds the aggregate of the quotas of all registrants under this section'' and inserting ``should be increased to meet the changing medical, scientific, and industrial needs for the controlled substance''. SEC. 6. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH- FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) create an additional review of scientific protocols that is conducted only for research on marijuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b)) other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded, in accordance with section 303(f)(3)(A)(ii)(II) of the Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as amended by section 2(a).
Marijuana Effective Drug Studies Act of 2017 or the MEDS Act This bill amends the Controlled Substances Act to establish a new, separate registration process to facilitate research involving marijuana and the commercial production of drugs made from marijuana. Specifically, the bill requires the Drug Enforcement Administration to register manufacturers and distributors to supply marijuana: (1) for use in research, and (2) for the commercial production of approved drugs containing or derived from marijuana.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Solvency Act of 2004''. SEC. 2. ADJUSTMENT TO RATE OF INCREASE IN CONTRIBUTION AND BENEFIT BASE. Section 230(b)(2) of the Social Security Act (42 U.S.C. 430(b)(2)) is amended to read as follows: ``(2) the sum of-- ``(A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus ``(B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,''. SEC. 3. APPLICATION OF THE CHAINED CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN DETERMINING COST-OF-LIVING INCREASES IN BENEFITS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 425(i)(1)) is amended-- (1) in subparagraph (G), by striking the period and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.''. (b) Effective Date.--The amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005. SEC. 4. RETENTION OF ESTATE TAX; TRANSFERS TO SOCIAL SECURITY TRUST FUND. (a) Exclusion Equivalent Made Permanent at 2009 Amount.--The item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.''. (b) Conforming Amendments.-- (1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2)(A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund.-- (1) In general.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers.--The amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports.--The Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding-- (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years. SEC. 5. FUTURE ADJUSTMENT OF EMPLOYMENT TAX RATES TO KEEP SOCIAL SECURITY TRUST FUNDS IN BALANCE. (a) Statement of Projected Insolvency in Annual Report of Board of Trustees.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended, in the second sentence following clause (5), by striking ``Trustees).'' and inserting ``Trustees), the Board's best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).''. (b) Employee Contribution.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (c) Employer Contribution.--Subsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (d) Self-Employment Contribution.--Subsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''.
Social Security Solvency Act of 2004 - Amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act (SSA) to: (1) revise requirements for calculating the contribution and benefit base with respect to remuneration paid (including self-employment income derived) during the calendar years between 2005 and 2037; and (2) apply the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits. Amends the Internal Revenue Code, with respect to the unified credit against the estate tax, to set the applicable exclusion amount permanently at $3.5 million (the amount currently set for 2009). Makes appropriations (and requires transfers from the General Fund) at least quarterly to the Federal Old-Age and Survivors Insurance Trust Fund equivalent to estate taxes and taxes on generation-skipping transfers. Amends SSA title II to require the statement of projected insolvency in the annual report of the Board of Trustees of the Social Security Trust Funds to include: (1) the Board's best estimate of the date as of which the Trust Funds will, with no change in employment tax rates, first have assets insufficient to pay scheduled benefits in full on a timely basis; and (2) if such date is within two years after the filing of the report, the minimum increase necessary in such tax rates necessary to preclude such an insufficiency period. Amends the Internal Revenue Code to provide for future adjustment of employment tax rates to keep the Social Security Trust Funds in balance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Enhancement Act of 1995''. SEC. 2. URBAN UNIVERSITY BUSINESS INITIATIVE GRANTS. (a) Urban University Business Initiative Grants.-- (1) Authorization.--The Administrator of the Small Business Administration (hereafter in this section referred to as the ``Administrator'') may make grants to eligible institutions in accordance with this section. (2) Application.-- (A) In general.--An eligible institution seeking assistance under this section shall submit to the Administrator an application at such time, in such form, and containing or accompanied by such information and assurances as the Administrator may require by regulation. (B) Contents.--Except as provided in subparagraph (C), each application submitted pursuant to subparagraph (A) shall include-- (i) a description of the activities and services for which assistance is sought; (ii) evidence of coordination with any small business development center in existence in the community; and (iii) documentation of the formation of a consortium that includes, in addition to eligible institutions, one or more of the following entities: (I) A nonprofit organization. (II) A business or other employer. (C) Waiver.--The Administrator may waive the requirements of subparagraph (B)(iii) for any applicant who can demonstrate to the satisfaction of the Administrator that the applicant has devised an integrated and coordinated plan that otherwise meets the requirements of this section. (3) Selection procedures.--Not later than 120 days after the date of enactment of this Act, the Administrator shall by regulation develop a formal procedure for the submission of applications under this section and shall publish in the Federal Register an announcement of that procedure and the availability of funds under this section. (b) Authorized Activities.-- (1) In general.--Funds provided under this section shall be used to design and implement programs to assist businesses, especially those in lower income urban communities, to become more productive and able to compete in the global marketplace. (2) Specific authorized activities.--Activities conducted with funds made available under this section may include research on, or planning and implementation of technology transfer, technical training, the delivery of services, or technical assistance in-- (A) business development; (B) business creation; (C) business expansion; and (D) human resource management. (c) Peer Review Panel.-- (1) Establishment.--Not later than 90 days after the date on which the Administrator publishes the announcement in the Federal Register in accordance with subsection (a)(3), the Administrator shall appoint a peer review panel (hereafter in this section referred to as the ``panel''). (2) Membership.--In appointing the panel under paragraph (1), the Administrator shall consult with officials of other Federal agencies and with non-Federal organizations in order to ensure that-- (A) the panel membership is geographically balanced; and (B) the panel is composed of representatives from public and private institutions of higher education, labor, business, and nonprofit organizations having expertise in business development in lower income urban communities. (3) Duties.--The panel shall-- (A) review applications submitted under this section; and (B) make recommendations to the Administrator concerning the selection of grant recipients. (d) Disbursement of Funds.-- (1) Limitation on amount.--The Administrator shall not provide assistance under this section to any recipient in an amount that exceeds $400,000 during any 1-year period. (2) Equitable geographic distribution.--The Administrator shall award grants under this section in a manner that achieves equitable geographic distribution of such grants. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Lower income urban community.--The term ``lower income urban community'' means an urban area in which the percent of residents living below the Federal poverty level is not less than 115 percent of the statewide average. (2) Urban area.-- (A) In general.--Except as provided in subparagraph (B), the term ``urban area'' means a primary metropolitan statistical area of the Bureau of the Census, Department of Commerce. (B) Exception.--With respect to a State that does not contain an urban area, as defined in subparagraph (A), the Administrator shall designate 1 area in the State as an urban area for purposes of this section. (3) Eligible institution.-- (A) Institution or consortium.--The term ``eligible institution'' means a nonprofit institution of higher education that meets the requirements of subparagraph (b), or a consortium of such institutions, any 1 of which meets the requirements of subparagraph (B). (B) Requirements.--An institution meets the requirements of this subparagraph if the institution-- (i) is located in an urban area; (ii) draws a substantial portion of its undergraduate students from the urban area in which such institution is located, or from contiguous areas; (iii) carries out programs to make postsecondary educational opportunities more accessible to residents of such urban area, or contiguous areas; (iv) has the present capacity to provide resources responsive to the needs and priorities of such urban area and contiguous areas; (v) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of such institution to provided such resources; (vi) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas and the people of such areas; and (vii) has a school of business accredited by the American Assembly of Collegiate Schools of Business (or similar organization) with faculty experienced in conducting research on issues of immediate concern to small and emerging businesses. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 1996; and (2) such sums as may be necessary for fiscal years 1997, 1998, 1999, and 2000.
Small Business Enhancement Act of 1995 - Authorizes the Administrator of the Small Business Administration (SBA) to make grants to eligible institutions to design and implement programs to assist businesses, especially those in lower income urban communities, to become more productive and able to compete in the global marketplace. Directs the SBA Administrator to establish a peer review panel to review grant applications and make recommendations to the Administrator concerning the selection of grant recipients. Limits to $400,000 the assistance provided to any single recipient during any one-year period. Requires the SBA Administrator to achieve equitable geographic distribution in the awarding of such grants. Defines an eligible institution as a nonprofit institution of higher education that is located in an urban area, has an accredited school of business, draws a substantial amount of its enrollment from urban areas, and carries out programs to make postsecondary educational opportunities more accessible to residents of such urban or contiguous areas. Authorizes appropriations for the grant program for FY 1996 through 2000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Public Housing Authorities Paperwork Reduction Act''. SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN QUALIFIED PUBLIC HOUSING AGENCIES. (a) In General.--Section 5A(b) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(b)) is amended by adding at the end the following: ``(3) Exemption of certain phas from filing requirement.-- ``(A) In general.--Notwithstanding paragraph (1) or any other provision of this Act-- ``(i) the requirement under paragraph (1) shall not apply to any qualified public housing agency; and ``(ii) except as provided in subsection (e)(4)(B), any reference in this section or any other provision of law to a `public housing agency' shall not be considered to refer to any qualified public housing agency, to the extent such reference applies to the requirement to submit an annual public housing agency plan under this subsection. ``(B) Civil rights certification.--Notwithstanding that qualified public housing agencies are exempt under subparagraph (A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall, on an annual basis, make the certification described in paragraph (16) of subsection (d), except that for purposes of such qualified public housing agencies, such paragraph shall be applied by substituting `the public housing program of the agency' for `the public housing agency plan'. ``(C) Definition.--For purposes of this section, the term `qualified public housing agency' means a public housing agency that-- ``(i) administers-- ``(I) 500 or fewer public housing dwelling units; or ``(II) any number of vouchers under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and ``(ii) is not designated under section 6(j)(2) as a troubled public housing agency.''. (b) Resident Participation.--Section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) is amended-- (1) in subsection (e), by inserting after paragraph (3) the following: ``(4) Qualified public housing agencies.-- ``(A) In general.--Except as provided in subparagraph (B), nothing in this section may be construed to exempt a qualified public housing agency from the requirement under paragraph (1) to establish 1 or more resident advisory boards. Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall consult with, and consider the recommendations of the resident advisory boards for the agency, at the annual public hearing required under subsection (f)(5), regarding any changes to the goals, objectives, and policies of that agency. ``(B) Applicability of waiver authority.--Paragraph (3) shall apply to qualified public housing agencies, except that for purposes of such qualified public housing agencies, subparagraph (B) of such paragraph shall be applied by substituting `the functions described in the second sentence of paragraph (4)(A)' for `the functions described in paragraph (2)'. ``(f) Public Hearings.--''; and (2) in subsection (f) (as so designated by the amendment made by paragraph (1)), by adding at the end the following: ``(5) Qualified public housing agencies.-- ``(A) Requirement.--Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to conduct a public hearing regarding the annual public housing plan of the agency, each qualified public housing agency shall annually conduct a public hearing-- ``(i) to discuss any changes to the goals, objectives, and policies of the agency; and ``(ii) to invite public comment regarding such changes. ``(B) Availability of information and notice.--Not later than 45 days before the date of any hearing described in subparagraph (A), a qualified public housing agency shall-- ``(i) make all information relevant to the hearing and any determinations of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the public housing agency during normal business hours; and ``(ii) publish a notice informing the public that-- ``(I) the information is available as required under clause (i); and ``(II) a public hearing under subparagraph (A) will be conducted.''
Small Public Housing Authorities Paperwork Reduction Act - Amends the United States Housing Act of 1937 to exempt a qualified public housing agency from the requirement to prepare an annual public agency plan if the agency: (1) administers 500 or fewer public housing dwelling units, or section 8 vouchers; and (2) is not designated as a troubled agency. Requires an agency to: (1) continue to make an annual civil rights certification and establish, and consult with, one or more resident advisory boards; and (2) conduct a public hearing to discuss changes to agency goals and policies and make the information available to the public at the agency's principal office.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act of 2013''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Definitions.--In this section-- ``(1) the term `law requiring parental involvement in a minor's abortion decision' means a law in force in the State in which a minor resides-- ``(A) that requires, before an abortion is performed on the minor-- ``(i) notification to, or consent of, a parent of the minor; or ``(ii) judicial authorization from a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A)-- ``(i) notification to, or consent of, an individual who is not a parent of the minor; or ``(ii) authorization from an entity that is not a State court; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``(b) Offense.-- ``(1) Generally.--Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides. ``(c) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of the minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(d) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization, that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides, took place. ``(e) Civil Action.--Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b). ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest ``Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following: ``117A. Transportation of minors in circumvention of certain 2431.''. laws relating to abortion.
Child Custody Protection Act of 2013 - Amends the federal criminal code to prohibit knowingly transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor's state of residence that requires parental involvement in the minor's abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the insourcing expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for insourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45S of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules.-- (A) Possessions of the united states.--For purposes of this section, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45S(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. TREATMENT OF SECURITIES OF A CONTROLLED CORPORATION EXCHANGED FOR ASSETS IN CERTAIN REORGANIZATIONS. (a) In General.--Section 361 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rules for Transactions Involving Section 355 Distributions.--In the case of a reorganization described in section 368(a)(1)(D) with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under section 355-- ``(1) this section shall be applied by substituting `stock other than nonqualified preferred stock (as defined in section 351(g)(2))' for `stock or securities' in subsections (a) and (b)(1), and ``(2) the first sentence of subsection (b)(3) shall apply only to the extent that the sum of the money and the fair market value of the other property transferred to such creditors does not exceed the adjusted bases of such assets transferred (reduced by the amount of the liabilities assumed (within the meaning of section 357(c))).''. (b) Conforming Amendment.--Paragraph (3) of section 361(b) of such Code is amended by striking the last sentence. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to exchanges after the date of the enactment of this Act. (2) Transition rule.--The amendments made by this section shall not apply to any exchange pursuant to a transaction which is-- (A) made pursuant to a written agreement which was binding on February 6, 2012, and at all times thereafter; (B) described in a ruling request submitted to the Internal Revenue Service on or before February 6, 2012; or (C) described on or before February 6, 2012, in a public announcement or in a filing with the Securities and Exchange Commission.
Bring Jobs Home Act - Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses. Allows nonrecognition of gain in a corporate reorganization for corporations that exchange property solely for stock other than nonqualified preferred stock.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Prescription Insurance and Contraceptive Coverage Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) each year, approximately 3,600,000 pregnancies, or nearly 60 percent of all pregnancies, in this country are unintended; (2) contraceptive services are part of basic health care, allowing families to both adequately space desired pregnancies and avoid unintended pregnancy; (3) studies show that contraceptives are cost effective: for every $1 of public funds invested in family planning, $4 to $14 of public funds is saved in pregnancy and health care- related costs; (4) by reducing rates of unintended pregnancy, contraceptives help reduce the need for abortion; (5) unintended pregnancies lead to higher rates of infant mortality, low-birth weight, and maternal morbidity, and threaten the economic viability of families; (6) the National Commission to Prevent Infant Mortality determined that ``infant mortality could be reduced by 10 percent if all women not desiring pregnancy used contraception''; (7) most women in the United States, including two-thirds of women of childbearing age, rely on some form of private employment-related insurance (through either their own employer or a family member's employer) to defray their medical expenses; (8) the vast majority of private insurers cover prescription drugs, but many exclude coverage for prescription contraceptives; (9) private insurance provides extremely limited coverage of contraceptives: half of traditional indemnity plans and preferred provider organizations, 20 percent of point-of- service networks, and 7 percent of health maintenance organizations cover no contraceptive methods other than sterilization; (10) women of reproductive age spend 68 percent more than men on out-of-pocket health care costs, with contraceptives and reproductive health care services accounting for much of the difference; (11) the lack of contraceptive coverage in health insurance places many effective forms of contraceptives beyond the financial reach of many women, leading to unintended pregnancies; and (12) the Institute of Medicine Committee on Unintended Pregnancy recently recommended that ``financial barriers to contraception be reduced by increasing the proportion of all health insurance policies that cover contraceptive services and supplies''. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is further amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``(a) Requirements for Coverage.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or ``(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits for other outpatient services provided by a health care professional (referred to in this section as `outpatient health care services'). ``(b) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a health care professional because such professional prescribed contraceptive drugs or devices, or provided contraceptive services, described in subsection (a), in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual contraceptive drugs or devices, or contraceptive services, described in subsection (a). ``(c) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to-- ``(i) benefits for contraceptive drugs under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such drug may not be greater than such a deductible, coinsurance, or cost- sharing or limitation for any outpatient prescription drug otherwise covered under the plan; ``(ii) benefits for contraceptive devices under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such device may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient prescription device otherwise covered under the plan; and ``(iii) benefits for outpatient contraceptive services under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient health care service otherwise covered under the plan; and ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational contraceptive drugs or devices, or experimental or investigational contraceptive services, described in subsection (a), except to the extent that the plan or issuer provides coverage for other experimental or investigational outpatient prescription drugs or devices, or experimental or investigational outpatient health care services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes-- ``(A) in the case of a contraceptive drug or device, restricting the type of health care professionals that may prescribe such drugs or devices, utilization review provisions, and limits on the volume of prescription drugs or devices that may be obtained on the basis of a single consultation with a professional; or ``(B) in the case of an outpatient contraceptive service, restricting the type of health care professionals that may provide such services, utilization review provisions, requirements relating to second opinions prior to the coverage of such services, and requirements relating to preauthorizations prior to the coverage of such services. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Preemption.--Nothing in this section shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect any standard or requirement that provides protections for enrollees that are greater than the protections provided under this section. ``(f) Definition.--In this section, the term `outpatient contraceptive services' means consultations, examinations, procedures, and medical services, provided on an outpatient basis and related to the use of contraceptive methods (including natural family planning) to prevent an unintended pregnancy.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act, as amended by section 603 of the Newborns' and Mothers' Health Protection Act of 1996 and section 702 of the Mental Health Parity Act of 1996, is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for contraceptives.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is further amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``(a) Requirements for Coverage.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or ``(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits for other outpatient services provided by a health care professional (referred to in this section as `outpatient health care services'). ``(b) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a health care professional because such professional prescribed contraceptive drugs or devices, or provided contraceptive services, described in subsection (a), in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from covered individual contraceptive drugs or devices, or contraceptive services, described in subsection (a). ``(c) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to-- ``(i) benefits for contraceptive drugs under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such drug may not be greater than such a deductible, coinsurance, or cost- sharing or limitation for any outpatient prescription drug otherwise covered under the plan; ``(ii) benefits for contraceptive devices under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such device may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient prescription device otherwise covered under the plan; and ``(iii) benefits for outpatient contraceptive services under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient health care service otherwise covered under the plan; and ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational contraceptive drugs or devices, or experimental or investigational contraceptive services, described in subsection (a), except to the extent that the plan or issuer provides coverage for other experimental or investigational outpatient prescription drugs or devices, or experimental or investigational outpatient health care services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes-- ``(A) in the case of a contraceptive drug or device, restricting the type of health care professionals that may prescribe such drugs or devices, utilization review provisions, and limits on the volume of prescription drugs or devices that may be obtained on the basis of a single consultation with a professional; or ``(B) in the case of an outpatient contraceptive service, restricting the type of health care professionals that may provide such services, utilization review provisions, requirements relating to second opinions prior to the coverage of such services, and requirements relating to preauthorizations prior to the coverage of such services. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Preemption.--Nothing in this section shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect any standard or requirement that provides protections for enrollees that are greater than the protections provided under this section. ``(f) Definition.--In this section, the term `outpatient contraceptive services' means consultations, examinations, procedures, and medical services, provided on an outpatient basis and related to the use of contraceptive methods (including natural family planning) to prevent an unintended pregnancy.''. (b) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL MARKET. (a) In General.--Subpart 3 of part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by adding at the end the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (b) Effective Date.--The amendment made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998.
Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act of 1998''. SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) 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(l))''; (4) in subsection (f)(3)-- (A) 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 (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) Uniform Exempt Amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended 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 applicable''. (b) Conforming Amendments.--Section 203(f)(8)(B) of the Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended-- (1) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (2) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (3) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (c) Repeal of Basis for Computation of Special Exempt Amount.-- Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. (f)(8)(D)) is repealed. SEC. 4. ADDITIONAL CONFORMING AMENDMENTS. (a) Elimination of Redundant References to Retirement Age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c), in the last sentence, 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 (2) 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,''. (b) Conforming Amendment to Provisions for Determining Amount of Increase on Account of Delayed Retirement.--Section 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (1) by striking ``either''; and (2) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (c) Provisions Relating to Earnings Taken Into Account in Determining Substantial Gainful Activity of Blind Individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Freedom to Work Act of 1998 had not been enacted''. SEC. 5. EFFECTIVE DATE. The amendments and repeals made by this Act shall apply with respect to taxable years ending after December 31, 1997.
Senior Citizens' Freedom to Work Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
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SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment'' or ``CARE Act''. (b) Reference.--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 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent or legal guardian, on a farm owned or operated by such parent or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. YOUTH PEDDLING. (a) Fair Labor Standards Act Coverage.-- (1) Finding.--The last sentence of section 2(a) (29 U.S.C. 202(a)) is amended by inserting after ``households'' the following: ``, and the employment of employees under the age of 16 years in youth peddling,''. (2) Definition.--Section 3 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Youth peddling' means selling goods or services to customers at their residences, places of business, or public places such as street corners or public transportation stations. `Youth peddling' does not include the activities of persons who, as volunteers, sell goods or services on behalf of not-for-profit organizations.''. (b) Definition of Oppressive Child Labor.--Section 3(l) (29 U.S.C. 203(l)) is amended-- (1) in paragraph (1) of the first sentence, by inserting ``youth peddling,'' after ``occupation other than''; and (2) in the last sentence by inserting ``youth peddling,'' after ``occupations other than''. (c) Prohibition of Youth Peddling.--Section 12(c) (29 U.S.C. 212(c)) is amended by inserting after ``oppressive child labor in commerce or in the production of goods for commerce'' the following: ``, or in youth peddling,''. SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000, or to imprisonment for not more than 5 years, or both, in the case of a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee, or a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR. Section 12(a) (29 U.S.C. 212(a)) is amended by striking the period at the end and inserting the following: ``: And provided further, that the Secretary shall determine the circumstances under which such goods may be allowed to be shipped or delivered for shipment in interstate commerce.''. SEC. 6. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary, and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 7. REGULATIONS. (a) In General.--The Secretary of Labor shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act. Such regulations shall be promulgated through notice and comment rulemaking in accordance with chapter 5 of title 5, United States Code, taking into consideration the best available data and including procedures to obtain and consider the views of interested parties, such as agricultural employers, workers, and injury prevention experts. (b) Existing Regulations.-- (1) In general.--The regulations of the Secretary of Labor that are in effect on the date of enactment of this Act which identify occupations in agriculture that are particularly hazardous for the employment of children under the age of 16 (contained in section 570.71 of title 29, Code of Federal Regulations) shall continue in effect until superseded by regulations promulgated under subsection (a). Prior to the promulgation of such regulations, children ages 14 and 15 may be employed outside of school hours, in occupations in agriculture other than the occupations that are identified in the regulations referred to in the proceeding sentence as being particularly hazardous. (2) Applicability.--The regulations referred to in paragraph (1) that are in effect on the date of enactment of this Act, shall be applicable only to the employment of children under the age of 16. (3) Rule of construction.--Nothing in this subsection shall be construed to restrict the agricultural occupations in which children ages 16 and 17 may be employed until such time as the Secretary of Labor promulgates regulations pursuant to subsection (a) to identify agricultural occupations that are particularly hazardous for the employment of such children, or detrimental to their health or well-being. (c) Consultation.--With respect to the promulgation of regulations to identify agricultural occupations which are particularly hazardous for the employment of children under the age of 18 or detrimental to the health or well-being of such children, the Secretary of Labor shall consult and collaborate with the Secretary of Agriculture, and shall include in such regulations a process by which children may be employed in such occupations as vocational agriculture student-learners so long as such children have successfully completed a Cooperative State Research, Education, and Extension Service training program or have successfully completed a bona fide agricultural education training program. During the rulemaking process under this section, the Secretary of Agriculture shall cooperate with the Secretary of Labor, including providing advice and technical expertise. SEC. 8. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act.
(Sec. 2) Repeals certain exemptions from child labor prohibitions for agricultural employment. Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by his or her parent or legal guardian, on a farm owned or operated by such parent or legal guardian. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. (Sec. 3) Prohibits employment of individuals under age 16 in youth peddling. Excludes from the definition of youth peddling volunteer selling of goods or services on behalf of not-for-profit organizations. (Sec. 4) Increases civil and criminal penalties for child labor violations. (Sec. 5) Directs the Secretary of Labor (the Secretary) to determine the circumstances under which goods tainted by oppressive child labor may be allowed to be shipped or delivered for shipment in interstate commerce. (Sec. 6) Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to submit information regarding injuries and deaths of employees to the Secretary, upon request, for specified use in enforcement and other uses under FLRA. Authorizes the Secretary to reimburse such agencies for such services. (Sec. 7) Directs the Secretary to: (1) collaborate with the Secretary of Agriculture on regulations to identify agricultural occupations which are particularly hazardous for the employment of children under the age of 18 or detrimental to the health or well-being of such children; and (2) include in such regulations a process by which children may be employed in such occupations as vocational agriculture student-learners if they have successfully completed a Cooperative State Research, Education, and Extension Service training program or a bona fide agricultural education training program. (Sec. 8) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as ``The Small Business 503 Loan Refinancing Assistance Act of 1993''. SEC. 2. PAYMENT AND PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. (a) In General.--Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by adding at the end the following new section: ``SEC. 507. PAYMENT AND PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. ``(a) In General.--The issuer of a debenture purchased by the Federal Financing Bank and guaranteed by the Administration under section 503 may, at the election of the borrower whose loan secures the debenture-- ``(1) continue to make payments on the debenture in accordance with the original terms of the debenture; ``(2) if the requirements of subsection (b) are met, make payments on the debenture at an adjusted rate of interest; or ``(3) if the requirements of subsection (c) are met, prepay the debenture. ``(b) Adjustment of Interest Rates.-- ``(1) In general.--The issuer of a debenture described in subsection (a) may, at the election of the borrower whose loan secures the debenture, submit to the Federal Financing Bank a request for an adjustment in the rate of interest charged on the debenture. ``(2) Approval.--The Federal Financing Bank shall approve a request submitted by the issuer of a debenture under paragraph (1) if-- ``(A) the request is submitted on or before the date which is 5 years after the date of the enactment of this section; ``(B) no other request under this subsection has been approved with respect to the debenture; ``(C) the debenture is outstanding and neither the debenture nor the borrower's loan that secures the debenture is in default on the date of the request; and ``(D) the issuer agrees to make an equivalent adjustment in the rate of interest charged on the loan which secures the debenture. ``(3) Determination of interest rate.--Upon approving a request submitted by the issuer of a debenture under paragraph (1), the Federal Financing Bank shall adjust the rate of interest charged on the debenture. The adjusted rate shall be the rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the adjustment is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the remaining term of the debenture plus 4\1/2\ percentage points, except that such rate shall be at least 8 percent and shall not exceed 12 percent. ``(4) Other terms and conditions.--An adjustment under this subsection in the rate of interest charged on a debenture shall not affect other terms and conditions applicable to the debenture. ``(c) Prepayment.-- ``(1) In general.--If the requirements of paragraph (3) are met, the issuer of a debenture described in subsection (a) may, at the election of the borrower whose loan secures such debenture, prepay the debenture by paying to the Federal Financing Bank, the amount that is equal to the sum of the unpaid principal balance (adjusted for funds in the borrower's escrow reserve account) due on the debenture on the date of prepayment (plus accrued interest at the coupon rate on the debenture) and the amount of the repurchase premium described in paragraph (2)(A). ``(2) Repurchase premium.-- ``(A) Amount.--The amount of the repurchase premium described in this paragraph is the product of-- ``(i) the unpaid principal balance (adjusted for funds in the borrower's escrow reserve account) due on the debenture on the date of prepayment; ``(ii) the interest rate of the debenture; and ``(iii) the factor `P', as determined under subparagraph (B). ``(B) Applicable percent.--For purposes of subparagraph (A)(iii), the factor `P' means the applicable percent determined in accordance with the following table: ------------------------------------------------------------------------ Applicable percent Year in which prepayment of ----------------------------------- debenture is made (from date of 20 or 25- original issuance): 10-year 15-year year term term loan term loan loan ------------------------------------------------------------------------ 1................................... 1.00 1.00 1.00 2................................... .80 .85 .90 3................................... .60 .70 .80 4................................... .40 .55 .70 5................................... .20 .40 .60 6................................... 0 .25 .50 7................................... 0 .10 .40 8................................... 0 0 .30 9................................... 0 0 .20 10.................................. 0 0 .10 11 through 25....................... 0 0 ------------------------------------------------------------------------ ``(3) Requirements.--The requirements of this paragraph are met if-- ``(A) the debenture referred to in subsection (a) is outstanding and neither the debenture nor the borrower's loan that secures the debenture is in default on the date of prepayment; ``(B) only non-Federal funds are used to prepay the debenture; ``(C) the debenture is prepaid on or before the date which is 5 years after the date of the enactment of this section; and ``(D) the issuer extinguishes the borrower's loan which secured such debenture. ``(d) Prohibition of Other Fees and Penalties.--Notwithstanding any other law, no fees or penalties other than those specified in this section may be imposed against the issuer, the borrower, or the Administration as a condition for adjusting a rate of interest under subsection (b) or as a condition of prepayment under subsection (c). ``(e) Regulations.--The Administrator shall issue regulations to carry out this section not later than 30 days after the date of the enactment of this section. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Borrower.--The term `borrower' means a small business concern. ``(2) Issuer.--The term `issuer' means a qualified State or local development company. ``(3) Qualified state or local development company.--The term `qualified State or local development company' has the meaning given such term in section 503(e).''. (b) Clerical Amendment.--The table of contents of title V of the Small Business Investment Act of 1958 is amended by adding at the end the following new item: ``Sec. 507. Payment and prepayment of development company debentures.''.
Small Business 503 Loan Refinancing Assistance Act of 1993 - Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank (Bank) and guaranteed by the Small Business Administration (SBA), at the election of the small business borrower whose loan secures such debenture, to: (1) continue to make payments under the original debenture terms; (2) make payments at an adjusted interest rate; or (3) prepay the debenture to the Bank by paying the unpaid principal balance and the amount of the repurchase premium (determined under this Act). Prohibits any fees or penalties other than those specified in this Act from being imposed against the issuer, borrower, or the SBA as a condition for adjusting the interest rate or prepayment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Census of Agriculture Act of 1996''. SEC. 2. TRANSFER TO THE SECRETARY OF AGRICULTURE OF THE AUTHORITY TO CONDUCT THE CENSUS OF AGRICULTURE. (a) In General.--Section 526 of the Revised Statutes (7 U.S.C. 2204) is amended by adding at the end the following: ``(c)(1) The Secretary shall, in 1998 and in every 5th year beginning after 1998, take a census of agriculture. In connection with each such census, the Secretary may conduct any survey or other data collection, and employ any sampling or other statistical method, that the Secretary determines is necessary and appropriate. ``(2) The data collected in each census taken under this subsection shall relate to the year immediately preceding the year in which the census is taken. ``(3) Any person who refuses or neglects to answer questions submitted to such person in connection with a census or survey under this subsection, or who answers any such questions falsely, shall be subject to section 221 of title 13, United States Code, to the same extent and in the same manner as if-- ``(A) section 142 of such title 13 had remained in effect; and ``(B) the census or survey were a census or survey under such section 142, rather than under this subsection. The failure or refusal on the part of any person to disclose such person's social security number in response to a request made in connection with any census or other activity under this subsection shall not be a violation under the preceding sentence. ``(4) Each census under this subsection shall include each State, and as may be determined by the Secretary, the District of Columbia, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico, and any such other possessions and areas over which the United States exercises jurisdiction, control, or sovereignty. Inclusion of other areas over which the United States exercises jurisdiction, control, or sovereignty shall be subject to the concurrence of the Secretary of State. ``(5) The Secretary of Commerce may, upon written request of the Secretary of Agriculture, furnish any information collected under title 13, United States Code, which the Secretary of Agriculture considers necessary for the taking of a census or survey under this subsection. Any information so furnished may not be used for any purpose other than the statistical purposes for which it is supplied. ``(6) The Secretary of Agriculture shall, upon written request of the Secretary of Commerce, furnish any information collected in a census taken under this subsection which the Secretary of Commerce considers necessary for the taking of a census or survey under title 13, United States Code. Any information so furnished may not be used for any purpose other than the statistical purposes for which it is supplied. ``(7) Any rules or regulations necessary to carry out this subsection may be prescribed by-- ``(A) the Secretary, to the extent that matters within the jurisdiction of the Secretary are involved; and ``(B) the Secretary of Commerce, to the extent that matters within the jurisdiction of the Secretary of Commerce are involved.''. (b) Conforming Amendments.--Effective October 1, 1998-- (1) section 142 of title 13, United States Code, and the item relating to section 142 in the table of sections for chapter 5 of such title 13, are repealed; and (2) section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by inserting ``or section 526(c) of the Revised Statutes (7 U.S.C. 2204(c)), as the case may be,'' before ``except''. SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF INFORMATION. (a) Information Furnished to the Department of Agriculture.-- (1) Authority to furnish information.--Section 9(a) of title 13, United States Code, is amended by striking ``chapter 10 of this title--'' and inserting ``chapter 10 of this title or section 526(c)(5) of the Revised Statutes--''. (2) Confidentiality of information.--Section 1770(d)(5) of the Food Security Act of 1985 (7 U.S.C. 2276(d)(5)) is amended to read as follows: ``(5) subsections (a) and (c) of section 526 of the Revised Statutes (7 U.S.C. 2204(a) and (c));''. (b) Information Furnished to the Department of Commerce.-- (1) Authority to furnish information.--Section 1770 of the Food Security Act of 1985 is amended by adding at the end the following: ``(e) Nothing in this section shall be considered to prohibit any release of information under section 526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).''. (2) Confidentiality of information.--Information furnished under section 526(c)(6) of the Revised Statutes shall, for purposes of sections 9 and 214 of title 13, United States Code, be treated as if it were information furnished under the provisions of such title 13. Passed the House of Representatives July 22, 1996. Attest: ROBIN H. CARLE, Clerk.
Census of Agriculture Act of 1996 - Amends Federal law to transfer authority to conduct the census of agriculture from the Secretary of Commerce to the Secretary (Secretary) of Agriculture. Requires the Secretary to take a census every five years beginning after 1998. Sets forth confidentiality provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Sensitive Locations Act''. SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE LOCATIONS. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(i)(1) In this subsection: ``(A) The term `appropriate committees of Congress' means-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Homeland Security of the House of Representatives; and ``(iv) the Committee on the Judiciary of the House of Representatives. ``(B) The term `enforcement action'-- ``(i) means an apprehension, arrest, interview, request for identification, search, or surveillance for the purposes of immigration enforcement; and ``(ii) includes an enforcement action at, or focused on, a sensitive location that is part of a joint case led by another law enforcement agency. ``(C) The term `exigent circumstances' means a situation involving-- ``(i) the imminent risk of death, violence, or physical harm to any person or property, including a situation implicating terrorism or the national security of the United States; ``(ii) the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger; or ``(iii) the imminent risk of destruction of evidence that is material to an ongoing criminal case. ``(D) The term `prior approval' means-- ``(i) in the case of officers and agents of U.S. Immigration and Customs Enforcement, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) the Assistant Director of Operations, Homeland Security Investigations; ``(II) the Executive Associate Director of Homeland Security Investigations; ``(III) the Assistant Director for Field Operations, Enforcement and Removal Operations; or ``(IV) the Executive Associate Director for Field Operations, Enforcement and Removal Operations; ``(ii) in the case of officers and agents of U.S. Customs and Border Protection, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) a Chief Patrol Agent; ``(II) the Director of Field Operations; ``(III) the Director of Air and Marine Operations; or ``(IV) the Internal Affairs Special Agent in Charge; and ``(iii) in the case of other Federal, State, or local law enforcement officers, to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) the head of the Federal agency carrying out the enforcement action; or ``(II) the head of the State or local law enforcement agency carrying out the enforcement action. ``(E) The term `sensitive location' includes all of the physical space located within 1,000 feet of-- ``(i) any medical treatment or health care facility, including any hospital, doctor's office, accredited health clinic, alcohol or drug treatment center, or emergent or urgent care facility; ``(ii) any public or private school, including any known and licensed day care facility, preschool, other early learning program facility, primary school, secondary school, postsecondary school (including colleges and universities), or other institution of learning (including vocational or trade schools); ``(iii) any scholastic or education-related activity or event, including field trips and interscholastic events; ``(iv) any school bus or school bus stop during periods when school children are present on the bus or at the stop; ``(v) any organization that-- ``(I) assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities; or ``(II) provides disaster or emergency social services and assistance; ``(vi) any church, synagogue, mosque, or other place of worship, including buildings rented for the purpose of religious services, retreats, counseling, workshops, instruction, and education; ``(vii) any Federal, State, or local courthouse, including the office of an individual's legal counsel or representative, and a probation, parole, or supervised release office; ``(viii) the site of a funeral, wedding, or other religious ceremony or observance; ``(ix) any public demonstration, such as a march, rally, or parade; ``(x) any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider; or ``(xi) any other location specified by the Secretary of Homeland Security for purposes of this subsection. ``(2)(A) An enforcement action may not take place at, or be focused on, a sensitive location unless-- ``(i) the action involves exigent circumstances; and ``(ii) prior approval for the enforcement action was obtained from the appropriate official. ``(B) If an enforcement action is initiated pursuant to subparagraph (A) and the exigent circumstances permitting the enforcement action cease, the enforcement action shall be discontinued until such exigent circumstances reemerge. ``(C) If an enforcement action is carried out in violation of this subsection-- ``(i) no information resulting from the enforcement action may be entered into the record or received into evidence in a removal proceeding resulting from the enforcement action; and ``(ii) the alien who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding. ``(3)(A) This subsection shall apply to any enforcement action by officers or agents of the Department of Homeland Security, including-- ``(i) officers or agents of U.S. Immigration and Customs Enforcement; ``(ii) officers or agents of U.S. Customs and Border Protection; and ``(iii) any individual designated to perform immigration enforcement functions pursuant to subsection (g). ``(B) While carrying out an enforcement action at a sensitive location, officers and agents referred to in subparagraph (A) shall make every effort-- ``(i) to limit the time spent at the sensitive location; ``(ii) to limit the enforcement action at the sensitive location to the person or persons for whom prior approval was obtained; and ``(iii) to conduct themselves discreetly. ``(C) If, while carrying out an enforcement action that is not initiated at or focused on a sensitive location, officers or agents are led to a sensitive location, and no exigent circumstance and prior approval with respect to the sensitive location exists, such officers or agents shall-- ``(i) cease before taking any further enforcement action; ``(ii) conduct themselves in a discreet manner; ``(iii) maintain surveillance; and ``(iv) immediately consult their supervisor in order to determine whether such enforcement action should be discontinued. ``(D) The limitations under this paragraph shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing medical care to such individual. ``(4)(A) Each official specified in subparagraph (B) shall ensure that the employees under his or her supervision receive annual training on compliance with-- ``(i) the requirements under this subsection in enforcement actions at or focused on sensitive locations and enforcement actions that lead officers or agents to a sensitive location; and ``(ii) the requirements under section 239 of this Act and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). ``(B) The officials specified in this subparagraph are-- ``(i) the Chief Counsel of U.S. Immigration and Customs Enforcement; ``(ii) the Field Office Directors of U.S. Immigration and Customs Enforcement; ``(iii) each Special Agent in Charge of U.S. Immigration and Customs Enforcement; ``(iv) each Chief Patrol Agent of U.S. Customs and Border Protection; ``(v) the Director of Field Operations of U.S. Customs and Border Protection; ``(vi) the Director of Air and Marine Operations of U.S. Customs and Border Protection; ``(vii) the Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection; and ``(viii) the chief law enforcement officer of each State or local law enforcement agency that enters into a written agreement with the Department of Homeland Security pursuant to subsection (g). ``(5) The Secretary of Homeland Security shall modify the Notice to Appear form (I-862)-- ``(A) to provide the subjects of an enforcement action with information, written in plain language, summarizing the restrictions against enforcement actions at sensitive locations set forth in this subsection and the remedies available to the alien if such action violates such restrictions; ``(B) so that the information described in subparagraph (A) is accessible to individuals with limited English proficiency; and ``(C) so that subjects of an enforcement action are not permitted to verify that the officers or agents that carried out such action complied with the restrictions set forth in this subsection. ``(6)(A) The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit an annual report to the appropriate committees of Congress that includes the information set forth in subparagraph (B) with respect to the respective agency. ``(B) Each report submitted under subparagraph (A) shall include, with respect to the submitting agency during the reporting period-- ``(i) the number of enforcement actions that were carried out at, or focused on, a sensitive location; ``(ii) the number of enforcement actions in which officers or agents were subsequently led to a sensitive location; and ``(iii) for each enforcement action described in clause (i) or (ii)-- ``(I) the date on which it occurred; ``(II) the specific site, city, county, and State in which it occurred; ``(III) the components of the agency involved in the enforcement action; ``(IV) a description of the enforcement action, including the nature of the criminal activity of its intended target; ``(V) the number of individuals, if any, arrested or taken into custody; ``(VI) the number of collateral arrests, if any, and the reasons for each such arrest; ``(VII) a certification whether the location administrator was contacted before, during, or after the enforcement action; and ``(VIII) the percentage of all of the staff members and supervisors reporting to the officials listed in paragraph (4)(B) who completed the training required under paragraph (4)(A). ``(7) Nothing in the subsection may be construed-- ``(A) to affect the authority of Federal, State, or local law enforcement agencies-- ``(i) to enforce generally applicable Federal or State criminal laws unrelated to immigration; or ``(ii) to protect residents from imminent threats to public safety; or ``(B) to limit or override the protections provided in-- ``(i) section 239; or ``(ii) section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).''.
Protecting Sensitive Locations Act This bill amends the Immigration and Nationality Act to provide that an immigration enforcement action by the Department of Homeland Security or an individual designated to perform immigration enforcement functions may not take place at a sensitive location, unless: (1) the action involves exigent circumstances, and (2) prior approval was obtained from the appropriate official. A "sensitive location" includes all of the physical space located within 1,000 feet of: medical treatment or health care facilities; public and private schools; scholastic or education-related activities; school bus or school bus stops during periods when school children are present; any organization that assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities or that provides disaster or emergency social services; places of worship; funerals, weddings, or other public religious ceremonies; public demonstrations; federal, state, or local courthouses; or any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider. The bill shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing such individual with medical care. If an enforcement action is carried out in violation of this bill: (1) no information resulting from the action may be entered into the record or received into evidence in a resulting removal proceeding, and (2) the affected alien may file a motion for such proceeding's immediate termination. U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection shall provide training to officers and report to Congress on any enforcement activity occurring at sensitive locations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lowey-DeLauro Emergency Infrastructure Jobs Act''. SEC. 2. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381-1387) is amended by inserting at the end the following new section: ``SEC. 608. EMERGENCY ECONOMIC STIMULATION PROGRAM. ``(a) In General.--In order to provide a short-term stimulus to the economy of the United States, the Administrator shall make capitalization grants to each State from funds appropriated pursuant to this section. Such grants shall be made in accordance with and subject to the provisions of this title unless otherwise provided in this section. ``(b) Schedule of Grant Payments.-- ``(1) In general.--The schedule of grant payments for grants made under this section shall be as provided under section 601 except that such payments shall be made in semiannual installments instead of quarterly installments. ``(2) First installment.--The first semiannual installment shall be equal to 40 percent of the amount of funds allotted to the State from funds appropriated pursuant to this section and shall be paid to the State not later than the 30th day following the date on which funds are appropriated pursuant to this section. ``(3) Second installment.--The second semiannual installment shall be equal to 60 percent of the amount of such allotted funds and shall be paid to the State not later than the 180th day following such appropriation date. ``(c) Capitalization Grant Agreements.-- ``(1) Specific requirements.-- ``(A) Existing requirements.--Except for the specific requirements set forth in paragraphs (2) and (3) of section 602(b), the specific requirements set forth in such section shall apply to capitalization grants made from funds appropriated pursuant to this section. For purposes of this section, the reference to quarterly grant payments in paragraph (7) of such section shall be treated as a reference to semiannual grant payments. ``(B) Additional requirements.-- ``(i) Number of agreements.--The Administrator shall enter into an agreement under section 602(b) with a State with respect to each of the semiannual payments to be made to the State under this section. ``(ii) First agreement.--The Administrator shall enter into the agreement with respect to the first semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 40 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993; and ``(II) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 40 percent of the amount allotted to the State from funds appropriated pursuant to this section within 6 months after the date of such appropriation. ``(iii) Second agreement.--The Administrator shall enter into the agreement with respect to the second semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 100 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993 (including amounts counted with respect to the meeting of the requirement of clause (ii)(I) by the State); ``(II) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title of 40 percent of the funds allotted to the State from funds appropriated pursuant to this section; and ``(III) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to the remaining 60 percent of the funds allotted to the State from funds appropriated pursuant to this section within 1 year after the date of such appropriation. ``(2) Waiver of matching fund requirement.--Notwithstanding section 602(b), a State shall not be required to deposit in its State water pollution control revolving fund an amount equal to at least 20 percent of the total amount of capitalization grants made with funds appropriated pursuant to this section. ``(d) Allotment Period.--Notwithstanding section 604(c), sums allotted to a State from funds appropriated pursuant to this section shall be available for obligation by the State in accordance with the time periods set forth in clauses (ii)(II) and (iii)(III) of subsection (c)(1)(B), respectively. The amount of such allotment which is not obligated by the State in accordance with such time periods shall be immediately deposited in the Treasury of the United States. ``(e) Types of Assistance.--In addition to the types of assistance authorized by section 603(d), a State may use not to exceed 50 percent of the funds allotted to it from amounts appropriated pursuant to this section to subsidize not to exceed 90 percent of the principal portion of the amount of debt service required to be paid by an entity referred to in section 603(c) if such principle subsidy will be financed from interest earned on funds allotted to the State from amounts so appropriated, if such debt service is being incurred for a project eligible for assistance under this title, and if the State determines that such entity would be financially unable to carry out such project without such subsidy. ``(f) Authorization of Appropriations.--In addition to funds authorized to be appropriated by section 607, there is authorized to be appropriated to carry out the purposes of this title $3,000,000,000 for fiscal year 1993.''. SEC. 3. SUPPLEMENTAL AUTHORIZATION FOR GRANTS UNDER SECTION 306(a)(2) OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT. (a) Supplemental Authorization.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the Secretary of Agriculture for grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act not to exceed $300,000,000 for fiscal year 1993. (b) Waiver of Annual Dollar Limitation.--The Secretary of Agriculture may use amounts appropriated pursuant to subsection (a) of this section to make grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act, notwithstanding the dollar limitation specified in such section 306(a)(2). (c) Allocation and Availability of Funds.--All amounts appropriated pursuant to subsection (a) of this section shall be allocated to the States in accordance with section 1940.582 (except subsection (i)) and section 1940.587 (except subsection (i)) of title 7, Code of Federal Regulations (January 1, 1992, edition), and all such amounts shall be available to the Secretary of Agriculture, upon the enactment of this section, for States to obligate on an annual basis. (d) Reserved Funds to be Used for Technical Assistance and Training Grants.--The Secretary of Agriculture shall use the amounts appropriated pursuant to subsection (a) of this section that are reserved pursuant to section 306(a)(16)(C) of the Consolidated Farm and Rural Development Act, for grants under section 306(a)(16)(A) of such Act.
Lowey-DeLauro Emergency Infrastructure Jobs Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to make capitalization grants to each State during FY 1993 for an economic stimulus program administered through such State's water pollution control revolving fund program. Authorizes appropriations. Authorizes supplemental appropriations to the Secretary of Agriculture for FY 1993 for grants to States, Indian tribes, and nonprofit entities and agencies for soil conservation and water resources and waste facilities development purposes as specified under the Consolidated Farm and Rural Development Act. Reserves part of such authorized funds for related technical assistance and training grants.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Girls' Access to Education in Vulnerable Settings Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of people displaced by conflict in 2016 is the highest since the end of the Second World War, at almost 60 million. Armed conflicts in Iraq, Libya, the Syrian Arab Republic, Yemen, the Central African Republic, the Democratic Republic of the Congo, Nigeria, South Sudan, Sudan, Ukraine, and many other countries have led to the internal displacement of civilians as well as forcing many people to become refugees or stateless. (2) The majority of such displaced people, including refugees and stateless people, are also survivors of human rights abuses, violence, and conflict. (3) The United Nations High Commissioner for Refugees has identified deprivation and discrimination as two root causes of the crisis of displaced people. The causes of deprivation may include poor governance, lack of access to the benefits of economic development, regional dynamics and conflicts, urbanization, and political extremism. The discrimination such people face may be based on race or ethnicity, nationality, gender, beliefs, caste, or class. (4) Half of the population of displaced people is under the age of 18. One out of every four such children does not receive either a primary or secondary education. (5) Displaced people spend an average of 17 years away from their home countries. As a result, displaced children may spend the entirety of their childhoods in a foreign country, without access to quality primary or secondary education. (6) Although the global enrollment rate in secondary schools is 67 percent, among displaced children, this rate is 36 percent. (7) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people. Education also contributes to the long-term livelihood of such people, ensuring that displaced generations are able to rebuild their lives and communities in their countries of asylum or in their home countries. (8) Each additional year of secondary education completed by displaced people results in a ten percent increase in earnings. (9) Displaced children face many barriers to accessing educational services. Educational services may not be accessible because such services are too expensive, too far away, or located in areas too dangerous to travel to daily. Even if a school is available and sufficiently staffed, the school may not accommodate children who have missed years of schooling, or who face linguistic or cultural barriers to assimilation. (10) Despite the development of recent conflicts such as those in Syria and Somalia, humanitarian aid for education has dropped. Less than two percent of global emergency aid was directed toward educational services in 2016. (11) A lack of education among women and girls can aggravate an otherwise reduced ability to seek employment, participate in civil society, or purchase or inherit land and other assets. In general, girls who have received secondary education are up to six times less likely to marry as minors, compared to girls who have received little or no formal education. Girls who are not attending primary or secondary schools are also disproportionately vulnerable to human and sex trafficking and sexual violence. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services and receive a quality education, and that the educational needs of women and girls are considered in the design, implementation, and evaluation of United States foreign assistance policies and programs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage other countries to support efforts to ensure that displaced children have access to safe, quality primary and secondary education; (2) enhance training and capacity-building for the governments of countries hosting displaced people to design, implement, and monitor programs to effectively address barriers to such education, in coordination with-- (A) the United Nations, the World Bank, and other international organizations; (B) local and international nongovernmental organizations; and (C) civil society organizations, including faith- based organizations and organizations representing parents and children; (3) incorporate into the design and implementation of such programs measures to evaluate the impact of the programs on girls, with respect to the reduction of child marriage, gender- based violence, sexual and human trafficking, and forced labor; and (4) coordinate with the governments of countries hosting displaced people to-- (A) promote the inclusion of displaced children into the educational systems of such countries; and (B) develop safe, quality primary and secondary educational opportunities in circumstances in which such inclusion is not possible or appropriate, including through fostering innovative solutions such as schools that permit more children to be educated by extending the hours of schooling and expanding the number of teachers. SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR DISPLACED CHILDREN. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that-- (1) provide safe, quality primary and secondary education for displaced children; (2) build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing discrimination when accessing safe, quality primary and secondary education; and (3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities of such host countries responsible for educational or youth services. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations, to work with governments in other countries to enact, implement, and enforce programs and policies that specifically collect data disaggregated by sex and age on displaced people. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with private sector and civil society organizations, in the United States and internationally, to promote safe, quality primary and secondary education for displaced children. SEC. 6. REPORT. During the five-year period beginning on the date of the enactment of this Act, the Secretary and the Administrator shall include in any report or evaluation submitted to Congress related to a foreign assistance program the following information: (1) To the extent practicable, a breakdown of the beneficiaries of such program by location, age, gender, marital status, and school enrollment status. (2) A description of how such program benefits displaced people. (3) A description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls.
Protecting Girls' Access to Education in Vulnerable Settings Act This bill expresses the sense of Congress that it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to receive a quality education and that the educational needs of women and girls are considered in implementing U.S. foreign assistance policies and programs. The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, quality, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to implement programs and policies that collect data disaggregated by sex and age on displaced people; and work with domestic and foreign private sector and civil society organizations to promote safe, quality, primary and secondary education for displaced children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Enhancement and Revitalization Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Service has insufficient funds for the operations, maintenance, and rehabilitation of certain units of the National Park System. (2) Federal full fee land ownership is not always required to preserve the aesthetic, natural, cultural, and historical values of National Park System lands, and at times may even prevent desirable preservation. (3) The sale or lease or any extension thereof of lands or interests therein within units of the National Park System could generate needed funds while preserving the values for which the units were established. SEC. 3. PERMITTING PRIVATE OWNERSHIP OR USE OF NATIONAL PARK SYSTEM LANDS. The Act of August 25, 1916 (popularly known as the National Park Service Organic Act; 16 U.S.C. 1241 et seq.), is amended by adding at the end the following new section: ``Sec. 5. (a) Disposal of Property and Interests.--(1) The Secretary of the Interior, after determining it to be in the public interest and after publication of notice in the Federal Register and 30 days for public comment-- ``(A) may dispose of lands, or interests therein (but not the mineral estate), within the National Battlefields, National Historical Parks, and other National Park System units which preserve American history; and ``(B) may accept as consideration for the disposal other lands, interests in lands, cash payment, or any combination thereof which is equal in value to the lands or interests being disposed of. ``(2) To protect the aesthetic, recreational, cultural, or historic values of the unit of the National Park System, the Secretary shall include in such disposals any terms, covenants, conditions, or reservations deemed necessary to ensure preservation of the public interest and uses consistent with the purposes for which the area was designated and to attempt to stimulate the land use patterns existing at the relevant historic period. ``(3) In disposing of lands or interests under this subsection, the Secretary shall, to the extent practicable, provide the person or persons, or their heirs, as determined from the deed and land records, from whom the land or interest was acquired by the United States an opportunity to reacquire the land or interest. The Secretary shall publish a notice in an appropriate regional or local newspaper in an attempt to locate such persons. ``(4) Each disposal in excess of $150,000 shall be reported to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least 30 days prior to consummation of the disposal. ``(5) The person or persons acquiring lands or interests therein under this subsection shall bear all reasonable costs of survey and appraisal incidental to such conveyance, as determined by the Secretary. ``(b) Lease.--(1) The Secretary of the Interior, after determining it to be in the public interest and after publication of notice in the Federal Register and 30 days for public comment, may lease lands or extend existing leases within the National Battlefields, National Historical Parks, and other National Park System units which preserve American history for private uses that promote, and are consistent with, the purposes for which the area was designated and that attempt to stimulate the land use patterns existing at the relevant historic period. ``(2) To the extent practicable, the Secretary shall provide the person or persons, or their heirs, as determined from the deed and land records, from whom the land or interest was acquired by the United States an opportunity to lease the land for acceptable uses. The Secretary shall publish a notice in an appropriate regional or local newspaper in an attempt to locate such persons. ``(3) Such leases may be negotiated noncompetitively. If the original owner or heirs cannot be identified or are not interested, leases shall be offered competitively. In either case, leases must specify acceptable uses and terms and must at least recover the costs of establishing and administering the lease. ``(c) Use of Revenues.--Amounts received by the United States as proceeds from the sale or lease of lands or interests therein under this section, in excess of administrative costs, shall be deposited in a special fund in the Treasury and shall be available to the Secretary of the Interior, without further appropriation, for operation, maintenance, or improvement of, or for acquisition of lands or interests therein for, the unit which generated the proceeds. ``(d) Acquiring Less Than Fee Title.--The Secretary of the Interior, after determining it to be in the public interest and in compliance with other acquisition requirements, may acquire easements or other interests in lands for inclusion in the National Park System, if-- ``(1) the easement or interest provides public benefits greater than the cost of the easement or interest, and ``(2) the cost of the easement or interest is less than a fee simple purchase of the land, including the costs for periodic monitoring and enforcement to ensure compliance with such agreements.''. SEC. 4. STUDY. The Government Accounting Office (GAO) of the United States shall undertake a study of easements and other less-than-fee title acquisitions of interests in lands for the National Park System to assess their effectiveness, including total costs and compliance with agreements, and their efficiency for producing public benefits.
National Park Enhancement and Revitalization Act - Amends the National Park Service Organic Act to authorize the Secretary of the Interior, after a positive determination of being in the public interest and publication of notice in the Federal Register, to dispose of lands or interests therein within the National Battlefields, National Historical Parks, and other units of the National Park System (NPS) and to accept other land, cash, or a combination of each as consideration for such disposals. Requires the Secretary to: (1) include in disposal terms such conditions or reservations to ensure preservation of the public interest and uses of such areas; and (2) allow landowners from whom such land was originally acquired by the United States an opportunity to reacquire such land or interest. Requires each disposal in excess of $150,000 to be reported to specified congressional committees. Authorizes the Secretary to lease NPS units under similar conditions as above. Authorizes the Secretary to acquire easements or other interests in lands for inclusion in the NPS under specified conditions. Directs the General Accounting Office to undertake a study of less-than-fee title acquisitions of interests in lands for the NPS to assess their effectiveness and efficiency for producing public benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Connections for Rural Opportunities Program Act of 2012'' or the ``B-CROP Act of 2012''. SEC. 2. BROADBAND CONNECTIONS FOR RURAL OPPORTUNITIES PROGRAM. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following: ``SEC. 603. BROADBAND CONNECTIONS FOR RURAL OPPORTUNITIES PROGRAM. ``(a) Definitions.--In this section: ``(1) Broadband service.--The term `broadband service' has the meaning given the term in section 601(b). ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) a private sector provider of broadband telecommunications services; or ``(B) a State, local, or tribal government, municipal provider, cooperative, institution of higher education, nonprofit organization, or public economic development organization. ``(3) Eligible rural community.--Unless the Secretary makes a finding in writing that an area is otherwise `rural in character', the term `eligible rural community' means any area of the United States that is not-- ``(A) included within the boundaries of any incorporated city, village, borough, or town with a population in excess of 50,000 inhabitants; or ``(B) the urbanized area contiguous and adjacent to a city, village, borough, or town described in subparagraph (A), as defined by the Bureau of the Census using the latest available decennial census of the United States. ``(b) Purposes.--The purposes of the grant program under this section are-- ``(1) to enhance the feasibility of providing broadband service to eligible rural communities; and ``(2) to deploy broadband telecommunications networks and capabilities to areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities. ``(c) Grants Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible entities for deployment, identification, or adoption of broadband services within eligible rural communities. ``(2) Amount.--A grant awarded to an eligible entity under this section may not be made in excess of 50 percent of the eligible project development costs. ``(d) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Use of Funds.--A grant awarded to an eligible entity under this section shall be-- ``(1) used to facilitate the deployment of broadband telecommunications networks and capabilities to areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities; or ``(2) combined with loans to enhance economic feasibility of projects serving high cost areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities. ``(f) Priority.--In awarding grants under this section, the Secretary shall give priority to project applications that-- ``(1) as a percentage of the total applications, provide service to the highest proportion of rural residents that do not have access to broadband service; ``(2) will use broadband services to stimulate rural economic development, such as providing-- ``(A) connections between and among businesses and business incubators located in eligible rural communities; and ``(B) connections that are integrated with county and regional organization plans. ``(g) Processing Period.-- ``(1) In general.--Not later than 180 days after the date on which funds are appropriated to carry out this section, the Secretary shall publish a notice of funds availability. ``(2) Awards.--Not later than the end of the fiscal year following the date on which a notice is published under paragraph (1), the Secretary shall announce grant awards under this section. ``(h) Report.-- ``(1) In general.--Each recipient of a grant under this section shall submit to the Secretary a report describing the use of the funds provided by the grant. ``(2) Secretarial report.--Not later than 180 days after the date of enactment of this Act, and biannually thereafter until all funds are obligated, the Secretary shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate that describes planned spending and actual obligations of the funds made available to carry out this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2012 through 2014.''. SEC. 3. IMPROVING THE APPLICATION PROCESS FOR THE RURAL BROADBAND PROGRAM. (a) In General.--Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (c), by adding at the end the following: ``(3) Paperwork reduction.--The Secretary shall take such steps as are necessary to reduce the paperwork required of applicants under this section. ``(4) Processing period.-- ``(A) In general.--Not later than 180 days after the date on which funds are appropriated to carry out this section, the Secretary shall publish a notice of funds availability. ``(B) Awards.--Not later than the end of the end of the fiscal year following the date on which a notice is published under subparagraph (A), the Secretary shall announce grant awards under this section.''; (2) by redesignating subsections (i) through (l) as subsections (k) through (n), respectively; and (3) by inserting after subsection (h) the following: ``(i) Outreach.--The Secretary shall conduct outreach designed to inform the population of areas in which there is no or limited broadband service of the program carried out under this section. ``(j) Additional Staff.--The Secretary, in the discretion of the Secretary, may use up to 20 percent of the budget authority appropriated to carry out this section to hire such additional administrative personnel, including general field representatives and legal staff, as are necessary to carry out the administrative duties under this section.''. (b) Simplification of the Application Process and Post-Application Audit Requirements.-- (1) Definition of subsidiary.--In this subsection, the term ``subsidiary'' means a business entity controlled, directly or indirectly, by another business entity or person. (2) Requirements.--In carrying out title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), the Secretary of Agriculture, in consultation with the Administrator of the Rural Utilities Service, shall, to the maximum extent practicable-- (A) remove any duplicative or unnecessary application or audit requirements under that title; (B) reduce the cost and paperwork associated with the application and audit requirements, including allowing parent companies, and the wholly owned subsidiaries of parent companies, to file a single consolidated application or audit report, if the application or report includes all relevant financial information concerning the project that is the subject of the grant, loan, or loan guarantee; (C) ensure that the Secretary examines-- (i) the total business plan of each applicant for a grant, loan, or loan guarantee under that title, including the revenue the applicant generated from sources unrelated to the broadband service of the applicant, but connected or otherwise related to the facilities financed by the grant, loan, or loan guarantee; and (ii) the requested information and projections provided by each applicant to ensure that there is no conflict with the regulatory obligations of the applicant to other Federal agencies including, at a minimum, to the Securities and Exchange Commission, the Federal Communications Commission, and the Federal Trade Commission; and (D) require that any recipient of a grant, loan, or loan guarantee under that title uses the funds from the grant, loan, or loan guarantee not later than 5 years after date of receipt of the funds to complete the project for which the funds were approved, unless the Secretary determines that the recipient was unable to expend the funds due to circumstances beyond the control of the recipient. SEC. 4. RURAL BROADBAND PROGRAM COORDINATION. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 604. CLEARINGHOUSE WEBSITE. ``The Secretary may use up to 5 percent of the budget authority made available to carry out this section for a national competition to create and maintain a comprehensive and interactive rural broadband clearinghouse accessible on the Internet at no cost to the public that describes options, opportunities, resources, successful public-private partnerships, comprehensive funding sources, and technology tutorials for rural broadband, including-- ``(1) case studies; ``(2) descriptions of best practices; ``(3) assessments of various technology solutions; ``(4) feasibility studies; ``(5) applications, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development; ``(6) rural broadband options and policies analysis; ``(7) support for networks among rural communities and economic development agencies; and ``(8) a comprehensive list of municipal, nonprofit, and private sector providers. ``SEC. 605. REPORT TO CONGRESS. ``Not later than 540 days after the date of enactment of this section and subsequently not later than the date that is 3 years after the date of the submission of initial report, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes-- ``(1) an evaluation of the effectiveness of all Federal broadband assistance programs and policies aimed at fostering broadband access in rural and unserved areas, such as identifying and tracking-- ``(A) rural areas in each State that do not have broadband service; ``(B) the rate at which residential and business end users adopt broadband service when infrastructure is made available; ``(C) possible suppliers of broadband service; ``(D) the speed of broadband service offered in rural areas that do have access; ``(E) barriers to the adoption of broadband service, including whether-- ``(i) the demand for broadband service is absent; and ``(ii) the supply for broadband service is capable of meeting the demand for the service; ``(F) proposals for promoting interagency coordination of Federal agencies in regards to policies, procedures, and targeted resources, and means to improve and streamline the policies, programs and services; and ``(G) the adequacy of Federal and State universal service support programs and policies; ``(2) an assessment of best practices employed at the State and local government level to foster broadband access in rural and underserved areas; and ``(3) an evaluation of methods to coordinate and harmonize, to the maximum extent practicable, the efforts of the Department of Agriculture, the Department of Commerce, and the Federal Communications Commission to advance broadband deployment in rural areas throughout the United States.''.
Broadband Connections for Rural Opportunities Program Act of 2012 or the B-CROP Act of 2012 - Amends the Rural Electrification Act of 1936 to direct the Secretary of Agriculture (USDA) to: (1) award grants to eligible entities for the deployment, identification, or adoption of broadband services within eligible rural communities; and (2) reduce the paperwork required of rural broadband program applicants. Authorizes the Secretary to use specified funds for a national competition to create an Internet-accessible rural broadband clearinghouse.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefit Enhancements for Women Act of 2002''. SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY. (a) Widow's Insurance Benefits.-- (1) In general.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (4)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (4) and (II)''; (C) by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and (D) in paragraph (4)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which her application is filed''. (2) Conforming amendments.-- (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking ``paragraph (7)'' and inserting ``paragraph (6)''. (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''. (b) Widower's Insurance Benefits.-- (1) In general.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (5)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (5) and (II)''; (C) by striking paragraph (5) and by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (D) in paragraph (5)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which his application is filed''. (2) Conforming amendments.-- (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking ``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and 202(f)(1)(B)(ii)''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after November 2002. SEC. 3. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S BENEFITS UPON OTHER SPOUSE'S REMARRIAGE. (a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the Social Security Act (42 U.S.C. 402(b)(5)(A)) is amended by adding at the end the following new sentence: ``The criterion for entitlement under clause (ii) shall be deemed met upon the remarriage of the insured individual to someone other than the applicant during the 2-year period referred to in such clause.''. (b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of such Act (42 U.S.C. 402(c)(5)(A)) is amended by adding at the end the following new sentence: ``The criterion for entitlement under clause (ii) shall be deemed met upon the remarriage of the insured individual to someone other than the applicant during the 2-year period referred to in such clause.''. (c) Conforming Amendment to Exemption of Insured Individual's Divorced Spouse From Earnings Test as Applied to the Insured Individual.--Section 203(b)(2)(B) of such Act (42 U.S.C. 403(b)(2)(B)) is amended by adding at the end the following new sentence: ``The requirement under such clause (ii) shall be deemed met upon the remarriage of the insured individual to someone other than the individual referred to in paragraph (1) during the 2-year period referred to in such clause.''. (d) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after November 2002. SEC. 4. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH DISREGARDED IN APPLYING EARLY RETIREMENT RULES WITH RESPECT TO DECEASED INDIVIDUAL FOR PURPOSES OF LIMITATION ON WIDOW'S AND WIDOWER'S BENEFITS. (a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of the Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is amended by inserting after ``applicable,'' the following: ``except that, in applying paragraph (7) of subsection (q) for purposes of this clause, any month ending with or after the date of the death of such deceased individual shall be deemed to be excluded under such paragraph (in addition to months otherwise excluded under such paragraph),''. (b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) of such Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by inserting after ``applicable,'' the following: ``except that, in applying paragraph (7) of subsection (q) for purposes of this clause, any month ending with or after the date of the death of such deceased individual shall be deemed to be excluded under such paragraph (in addition to months otherwise excluded under such paragraph),''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after November 2002.
Social Security Benefit Enhancements for Women Act of 2002--Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) repeal the seven year restriction on eligibility for widow's and widower's insurance benefits based on disability; (2) waive the two-year waiting period for a divorced spouse's benefits upon the other spouse's remarriage; and (3) disregard months ending after a deceased individual's death in applying early retirement rules with respect to the deceased individual for purposes of the limitation on widow's and widower's benefits.Amends the Internal Revenue Code to: (1) exclude from gross income interest paid on any overpayment of income tax by individuals; (2) allow a taxpayer to make cash deposits to pay any tax not yet assessed (in order to suspend the running of interest on any potential future underpayments); and (3) permit partial collection of tax liability in installment agreements (currently allowed only for full collections).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Planning for Smart Growth Act of 2009''. SEC. 2. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. Title I of the Clean Air Act is amended by inserting after section 179B (42 U.S.C. 7509a) the following: ``SEC. 179C. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. ``(a) In General.--Each State shall-- ``(1) not later than 3 years after the date of the enactment of this section, submit to the Administrator goals for transportation-related greenhouse gas emissions reductions; and ``(2) as part of each transportation plan or transportation improvement plan developed under title 23 or title 49, United States Code, ensure that a plan to achieve such goals, or an updated version of such a plan, is submitted to the Administrator and to the Secretary of Transportation (in this section referred to as the `Secretary') by each metropolitan planning organization in the State for an area with a population exceeding 200,000. ``(b) Models and Methodologies.-- ``(1) In general.--The Administrator shall promulgate regulations to establish standardized models and methodologies for use in developing goals, plans, and strategies under this section. Such regulations may approve or improve existing models and methodologies. ``(2) Timing.--The Administrator shall-- ``(A) publish proposed regulations under paragraph (1) not later than 1 year after the date of the enactment of this section; and ``(B) promulgate final regulations under paragraph (1) not later than 2 years after such date of enactment. ``(c) Greenhouse Gas Reduction Goals.-- ``(1) Consultation.--Each State shall develop the goals referred to in subsection (a)(1)-- ``(A) in concurrence with State agencies responsible for air quality and transportation; ``(B) in consultation with each metropolitan planning organization for an area in the State with a population exceeding 200,000 and applicable local air quality and transportation agencies; and ``(C) with public involvement, including public comment periods and meetings. ``(2) Period.--The goals referred to in subsection (a)(1) shall be for 10- and 20-year periods. ``(3) Targets; designated year.--The goals referred to in subsection (a)(1) shall establish targets to reduce mobile source greenhouse gas emissions in the covered area from levels projected under a business-as-usual scenario. The targets shall be designed to ensure that the levels of such emissions stabilize and decrease after a designated year. The State shall consider designating 2010 as such designated year. ``(4) Covered area.--The goals referred to in subsection (a)(1) shall be established-- ``(A) on a statewide basis; and ``(B) for each metropolitan planning organization in the State for an area with a population exceeding 200,000. ``(5) Revised goals.--Every 4 years, each State shall update and revise, as appropriate, the goals referred to in subsection (a)(1). ``(d) Planning.--A plan referred to in subsection (a)(2) shall-- ``(1) be based upon the models and methodologies established by the Administrator under subsection (b); ``(2) address mobile sources, economic development, and scenario analysis; and ``(3) be developed-- ``(A) with public involvement, including public comment periods and meetings; ``(B) with regional coordination, including with respect to-- ``(i) metropolitan planning organizations; ``(ii) the localities comprising the metropolitan planning organization; ``(iii) the State in which the metropolitan planning organization is located; and ``(iv) air quality and transportation agencies for the State and region involved; and ``(C) in consultation with the State and local housing, public health, economic development, land use, environment, and public transportation agencies. ``(e) Strategies.--In developing goals under subsection (a)(1) and a plan under subsection (a)(2), the State or metropolitan planning organization, as applicable, shall consider transportation and land use planning strategies to reduce greenhouse gas emissions, including the following: ``(1) Efforts to increase public transportation, including commuter rail service and ridership, by adding at a minimum-- ``(A) new public transportation systems, including new commuter rail systems; ``(B) employer-based subsidies; and ``(C) cleaner locomotive technologies. ``(2) Updates to zoning and other land use regulations and plans to support development that-- ``(A) coordinates transportation and land use planning; ``(B) focuses future growth close to existing and planned job centers and public facilities; ``(C) uses existing infrastructure; ``(D) promotes walking, bicycling, and public transportation use; and ``(E) mixes land uses such as housing, retail, and schools. ``(3) Implementation of a policy (referred to as a `complete streets policy') that-- ``(A) ensures adequate accommodation of all users of transportation systems, including pedestrians, bicyclists, public transportation users, motorists, children, the elderly, and individuals with disabilities; and ``(B) adequately addresses the safety and convenience of all users of the transportation system. ``(4) Construction of bicycle and pedestrian infrastructure facilities. ``(5) Projects to promote telecommuting, flexible work schedules, or satellite work centers. ``(6) Pricing measures such as congestion pricing. ``(7) Intermodal freight system strategies, including enhanced rail services, short sea shipping, and other strategies. ``(8) Parking policies. ``(9) Travel demand management projects. ``(10) Restriction of the use of certain roads, or lanes, by vehicles other than passenger buses and high-occupancy vehicles. ``(11) Reduction of vehicle idling, including idling associated with freight management, construction, transportation, and commuter operations. ``(12) Policies to encourage the use of retrofit technologies and early replacement of vehicles, engines and equipment to reduce greenhouse gas emissions from existing mobile sources. ``(13) Other projects that the Administrator finds reduce greenhouse gas emissions from mobile sources. ``(f) Public Availability.--The Administrator shall publish, including by posting on the Environmental Protection Agency's website-- ``(1) the goals and plans submitted under subsection (a); and ``(2) for each plan submitted under subsection (a)(2), an analysis of the anticipated effects of the plan on greenhouse gas emissions and oil consumption. ``(g) Enforcement.--If the Administrator finds that a State has failed to submit goals under subsection (a)(1), or to ensure the submission of a plan under subsection (a)(2), for any area in the State (irrespective of whether the area is a nonattainment area), the Administrator may impose a prohibition in accordance with section 179(b)(1) applicable to the area. The Administrator may not impose a prohibition under the preceding sentence, and no action may be brought by the Administrator or any other entity alleging a violation of this section, based on the content or adequacy of a goal or plan submitted under subsection (a)(1) or (a)(2). ``(h) Competitive Grants.-- ``(1) Grants.--The Administrator, in consultation with the Secretary of Transportation, may award grants on a competitive basis to metropolitan planning organizations to develop or implement plans submitted under subsection (a)(2) or elements thereof. ``(2) Priority.--In making grants under paragraph (1), the Administrator shall give priority to applicants based upon-- ``(A) the amount of greenhouse gas emissions to be reduced on a total or per capita basis, as determined by the Administrator in consultation with the Secretary of Transportation; and ``(B) such other factors as the Administrator determines appropriate. ``(3) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated such sums as may be necessary. ``(i) Definitions.--In this section: ``(1) The term `metropolitan planning organization' means a metropolitan planning organization, as such term is used in section 176 of the Clean Air Act. ``(2) The term `scenario analysis' means an analysis that is conducted by identifying different trends and making projections based on those trends to develop a range of scenarios and estimates of how each scenario could improve access to goods and services, including access to employment, education, and health care (especially for elderly and economically disadvantaged communities), and could affect rates of-- ``(A) vehicle miles traveled; ``(B) use of mobile source fuel by type, including electricity; and ``(C) greenhouse gas emissions from the mobile source sector. ``(j) Land Use Authority.--Nothing in this section may be construed to-- ``(1) infringe upon the existing authority of State or local governments to plan or control land use, or ``(2) provide or transfer authority over land use to any other entity.''.
Smart Planning for Smart Growth Act of 2009 - Amends the Clean Air Act to require states and metropolitan planning organizations in areas with a population exceeding 200,000 to submit to the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation goals for reducing transportation-related greenhouse gas emissions and plans to achieve such reductions. Requires such states and organizations to establish goals on a statewide basis and to consider specified transportation and land use planning strategies, including increasing public transportation systems and supporting land use regulation that coordinates transportation and land use planning and uses existing infrastructure. Authorizes the Administrator to award competitive grants to metropolitan planning organizations to develop or implement emission reduction plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Improvement Act of 1998''. SEC. 2. MANDATORY ELECTRONIC PRESERVATION AND FILING OF FEDERAL ELECTION COMMISSION REPORTS; ACCESS THROUGH INTERNET SITE. (a) Electronic Filing Through the Internet.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended to read as follows: ``(11)(A) Through a competitive bidding process, the Commission shall establish a public Internet site not later than January 1, 1999, with the following features: ``(i) Any person filing a report required by this Act may post the report directly on the site. ``(ii) Any member of the public may obtain the reports posted on the site (together with any other information the Commission may make available through the site) at any time. ``(iii) Any information in a report posted on the site shall be subject to the same prohibition on sale and use as information from a report or statement under paragraph (4). ``(iv) All information posted on the site shall be integrated in a manner which permits users to search the information across categories and sources. ``(B) Each person required to file a report under this Act shall file the report by posting it directly on the Internet site established under subparagraph (A), or by filing it by such electronic method as the Commission may designate to enable the Commission to post the report on such site immediately upon receipt. ``(C) The Commission shall provide for one or more methods (other than requiring a signature on the report being filed) for verification of reports filed in accordance with the methods described in subparagraph (B). Any verification under the preceding sentence shall be treated for all purposes (including penalties for perjury) in the same manner as a verification by signature. ``(D) As used in this paragraph, the term ``report'' means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.''. (b) Requiring Commission To Make Software Available.--Section 311(a) of such Act (2 U.S.C. 438(a)) 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 new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out section 304(a)(11).''. (c) Internet Defined.--Section 301 of such Act (2 U.S.C. 431) is amended by striking paragraph (19) and inserting the following new paragraph: ``(19) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 3. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. (a) Requiring Reporting of All Contributions of $200 or More Within 10 Days of Receipt.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Each political committee which receives a contribution of $200 or more shall notify the Commission of the contribution not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this subsection shall be in addition to all other reports required under this Act.''. (b) Expanding Types of Contributions to Principal Campaign Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended-- (1) by striking ``$1,000'' and inserting ``$200''; and (2) by striking ``20th day'' and inserting ``90th day''. SEC. 4. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY HOUSE CANDIDATES TO COME FROM IN-STATE RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions with respect to an election from persons other than individuals residing in the State involved totaling in excess of the aggregate amount of contributions accepted with respect to the election from individuals residing in the State involved. ``(2) Paragraph (1) shall not apply with respect to contributions from a political committee of a national, State, or local political party (including any subordinate committee thereof).''. SEC. 5. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. SEC. 6. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by striking ``exceed $100'' and inserting ``exceed $20''. SEC. 7. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of the limitations imposed by this section, any contribution made by a dependent minor shall be treated as follows: ``(i) If the dependent minor is the dependent of one other individual, the contribution shall be treated as a contribution made by such other individual. ``(ii) If the dependent minor is the dependent of another individual and such other individual's spouse, the contribution shall be allocated among such individuals in such manner as such other individuals may determine. ``(B) In this paragraph, the term `dependent minor' means an individual who-- ``(i) is a dependent of another individual; and ``(ii) has not, as of the time of making the contribution involved, attained the legal age for voting in elections for Federal office in the State in which such individual resides.''. SEC. 8. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS IN CONNECTION WITH FEDERAL ELECTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 9. MANDATORY SUBMISSION OF MONTHLY REPORTS BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304(a)(4)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended-- (1) by striking ``monthly reports'' and inserting ``in the case of a national committee of a political party and any other political committee (other than an authorized committee of a candidate) not filing quarterly reports under subparagraph (A), monthly reports''; and (2) by striking the period at the end and inserting the following: ``except that in the case of a national committee of a political party, the committee shall file the reports due in November and December of such year together with such a pre- general election report, post-general election report, and year end report.''. SEC. 10. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by section 3(a), is further amended by adding at the end the following new subsection: ``(e) If a political committee of a State political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. SEC. 11. UNION DISCLOSURE. (a) In General.--Section 201(b) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(b)) is amended-- (1) by striking ``and'' at the end of paragraph (5); and (2) by adding at the end the following: ``(7) an itemization of amounts spent by the labor organization for-- ``(A) contract negotiation and administration; ``(B) organizing activities; ``(C) strike activities; ``(D) political activities; ``(E) lobbying and promotional activities; and ``(F) market recovery and job targeting programs; and ``(8) all transactions involving a single source or payee for each of the activities described in subparagraphs (A) through (F) of paragraph (7) in which the aggregate cost exceeds $10,000.''. (b) Computer Network Access.--Section 201(c) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended by inserting ``including availability of such reports via a public Internet site or another publicly accessible computer network,'' after ``its members,''. (c) Reporting by Secretary.--Section 205(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 435(a)) is amended by inserting after ``and the Secretary'' the following: ``shall make the reports and documents filed pursuant to section 201(b) available via a public Internet site or another publicly accessible computer network. The Secretary''. SEC. 12. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 13. SOLICITATIONS BY TRADE ASSOCIATIONS OF SHAREHOLDERS AND PERSONNEL OF MEMBER CORPORATIONS. Section 316(b)(4)(D) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D)) is amended by striking ``to the extent that'' and all that follows and inserting a period. SEC. 14. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections and transactions occurring after December 31, 1998.
Campaign Finance Improvement Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to: (1) establish a specified public Internet site by January 1, 1999; (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt; (3) provide for one or more methods (other than requiring a signature on the reports being filed) for verification of reports filed in accordance with the methods described in the preceding; and (4) obtain and provide for computer software required to carry out this Act through competitive bidding. (Sec. 3) Requires each political committee which receives a contribution of $200 or more to report the contribution not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and (in the case of a candidate's authorized committee) the candidate's name and the office sought by the candidate. Expands the types of contributions required to be reported by principal campaign committees and changes the deadline for reporting such contributions by any authorized committee of a candidate. (Sec. 4) Prohibits House of Representatives candidates from accepting contributions in an election from persons other than in-State residents totaling in excess of the aggregate amount of contributions accepted in the election from such residents, with the exception of contributions from national, State, and local political parties. (Sec. 5) Waives the "best efforts" exception with respect to information on the identification of any person who makes a contribution or contributions aggregating more than $200 in a year. (Sec. 6) Lowers the threshold for U.S. and foreign cash contributions from $100 to $20. (Sec. 7) Sets forth requirements for the treatment of contributions made by dependent minors. (Sec. 8) Redefines foreign national to include any individual who is not a U.S. citizen, whether in the U.S. lawfully or unlawfully. (Sec. 9) Requires the submission of monthly reports by national political party committees and any other political committees (other than candidates' authorized committees) not filing quarterly reports. Requires national political party committees to file the reports due in November and December of any year in which a regularly scheduled general election is held, together with the pre-general election report, post-general election report, and year end report. (Sec. 10) Requires the disclosure of all fund transfers by national political parties to State and local political parties, without regard to whether or not the funds are otherwise treated as contributions or expenditures. Requires disclosure by State political parties of disbursements required to be reported under State or local law. (Sec. 11) Amends the Labor Management Reporting and Disclosure Act of 1959 to: (1) require the inclusion of specified expenditures in the annual financial reports of labor organizations; and (2) make information contained in labor organization reports and annual financial reports available via a public Internet site or another publicly accessible computer network. (Sec. 12) Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. (Sec. 13) Removes the conditions on the solicitation of contributions by trade associations from shareholders and personnel (and their families) of member corporations of such associations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Security Through Utilizing Right-Sized End-Strength Act of 2016'' or the ``POSTURE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The first function of Government is to secure its people and their rights. The United States is blessed that countless men and women have done so by serving in the Armed Forces, which consists of the Army, Navy, Marine Corps, Air Force, and Coast Guard. (2) History has shown that sufficient Land Forces are critical to the security of the American people and their rights and to assure United States allies, deter aggression, shape security environments, and win wars. Furthermore, Land Forces have been proven to be essential to consolidate gains and achieve sustainable outcomes. (3) The Land Forces of the United States are comprised of the Army (Active Army, Army Reserve, and Army National Guard) and the Marine Corps (Active Marine Corps and Marine Corps Reserve). (4) On the day before September 11, 2001, the Land Forces of the United States included 1,036,601 Soldiers and 212,744 Marines. Broken down by component, that included 480,801 Soldiers in the Active Army, 205,300 Soldiers in the Army Reserve, 350,500 Soldiers in the Army National Guard, 172,934 Marines in the Active Marine Corps, and 39,810 Marines in the Marine Corps Reserve. (5) At the height of the Global War on Terrorism, the Land Forces of the United States included 1,138,907 Soldiers and 242,558 Marines. Broken down by component, that included 570,000 Soldiers in the Active Army, 206,892 Soldiers in the Army Reserve, 362,015 Soldiers in the Army National Guard, 202,786 Marines in the Active Marine Corps, and 39,772 Marines in the Marine Corps Reserve. (6) For fiscal year 2016, authorizations for the Land Forces of the United States include 1,015,000 Soldiers and 222,900 Marines. Broken down by component, that includes 475,000 Soldiers in the Active Army, 198,000 Soldiers in the Army Reserve, 342,000 Soldiers in the Army National Guard, 184,000 Marines in the Active Marine Corps, and 38,900 Marines in the Marine Corps Reserve. (7) The drawdown of the Land Forces of the United States is planned to continue through fiscal year 2018, when end strength will be approximately 970,000 Soldiers and 220,500 Marines. Broken down by component, that will be 450,000 Soldiers in the Active Army, approximately 195,000 Soldiers in the Army Reserve, approximately 335,000 Soldiers in the Army National Guard, 182,000 Marines in Active Marine Corps, and 38,500 Marines in the Marine Corps Reserve. (8) In Europe, forward-stationed Army forces have been reduced from over 215,000 at the time of the fall of the Berlin Wall to the current level of under 30,000, jeopardizing the United States strategic capability to deter adversaries by conventional force and the North Atlantic Treaty Organization's capability to rapidly respond to Russian aggression against its front-line member states. (9) The Administration has enacted this policy of reducing the end strength of United States Land Forces based on security analysis and expectations of future force capabilities contained in the 2012 Defense Strategic Guidance, the 2013 Strategic Choices and Management Review (SCMR), and the 2014 Quadrennial Defense Review (QDR), which included the following: (A) Ending the wars in Iraq and Afghanistan by ``transitioning out of Iraq and drawing down in Afghanistan''. (B) ``Building a closer relationship'' with Russia and assuming that ``most European countries are now producers of security rather than consumers of it''. (C) No longer sizing United States Armed Forces ``to conduct large-scale, prolonged stability operations''. (D) ``Increasing reliance on our allies and partners'' to compensate for ``reductions in our capacity''. (E) Emphasizing an ability to regenerate capabilities and the use of innovation and technology to compensate for a smaller force. (10) Given developments over the past several years, the assumptions about the security environment are outdated and, unfortunately, proven flawed. (11) The United States, its allies, and their partners face new threats, including the following: (A) A civil war in Syria, triggering a humanitarian crisis and destabilizing the entire region. (B) The rise of the Islamic State which has taken control of large swaths of territory in Syria and Iraq and has more ambitious global goals, including stated intentions of additional direct attacks against the United States and United States allies, both at home and abroad. (C) Iran, which has continued its bellicose rhetoric and support for terrorist activities throughout the Middle East. (D) A resurgent Russia that annexed Crimea, invaded Ukraine, and is now conducting military operations in Syria, with its posture and actions causing concern to NATO allies. (E) The continued military build-up by China and its actions in the South China Sea, which have raised concerns among nations in the Pacific and across the world. (F) A provocative and unpredictable North Korea that has escalated tensions throughout the Pacific and beyond and expanded its nuclear capability. (12) In response to these developments, short notice deployments of United States Land Forces have increased across the globe, including the following: (A) To address a resurgent Russia, the Army deployed forces in various locations in Eastern Europe to assure NATO allies and to help train, assist, and assure their armed forces as well as sent forces to Ukraine to train and equip their armed forces. (B) To address the rise of the Islamic State, the Army deployed forces to Iraq to train and assist their armed forces. (C) To address a resurgent Taliban in Afghanistan, scheduled redeployments of United States Land Forces were altered and these forces are now expected to remain in Afghanistan for the foreseeable future. (D) To help stabilize troubled areas across the globe, including Southeast Asia and Africa, the Marine Corps and Army have deployed to conflict-scarred countries such as Cambodia. (E) To address unique threats and to build partner capacity across the globe, United States Joint Special Operations Forces continue to constantly deploy worldwide. (F) To address widespread and destabilizing natural disasters, including the Indian Ocean earthquake and tsunami in 2004, the earthquake in Haiti in 2010, the tsunami in Japan in 2011, the Ebola outbreak in West Africa in 2014, and the earthquake in Nepal in 2015, the Army and Marine Corps continue to deploy on short notice across the globe. (13) Furthermore, the assumptions about the future purpose, use, and capability of the Land Forces have also been disputed: (A) The 2014 National Defense Panel concluded that the 2014 QDR's ``reduction in Army end strength goes too far.''. (B) The National Commission on the Future of the Army found the following: (i) ``Because PB16 (FY2016 President's Budget) does not address the escalation of threats to global stability and national security, it is, at best, on the low end of needed resources'' (Page 43). (ii) ``. . . this force size provides only limited ability to react to unforeseen circumstances'' (Page 51). (iii) ``Using directed planning assumptions and with its planned fiscal year 2017 force, the Army is, in fact, neither sized nor shaped for conducting any kind of large-scale, long- duration mission at acceptable risk'' (Page 52). (14) A comprehensive and holistic view of the Land Forces of the United States is necessary. In particular, previous assumptions about the deployment and use of reserve components no longer apply. For example, more than 600,000 members of the reserve components have been deployed since September 11, 2001. Beyond these missions conducted pursuant to the authority of title 10 of the United States Code, these forces are also responsible for all homeland defense and critical defense support to civil authority missions under title 32 of the United States Code during times of crisis response and natural disaster relief. For these reasons, the reserve components of the Land Forces are a critical piece to the overall mission of the total force. (15) Finally, senior leaders in the United States military have expressed concern regarding the current and future reductions in the end strength of the Land Forces of the United States, including the following: (A) Then-Chairman of the Joints Chiefs of Staff, General Martin Dempsey, wrote in his risk assessment accompanying the 2014 QDR that the current defense strategy ``takes risk in the capacity of . . . land forces''. (B) The current Chief of Staff of the Army, General Mark Milley disputed many of the assumptions described in finding eight in an address before the Association of the United States Army, including that ``wars of the future will be short'', ``wars can be won through the use of advanced technologies'', ``allies and partners can provide capable land forces in sufficient scale'', and ``armies are easy to regenerate''. (C) The current commander of United States European Command, General Philip Breedlove, testified before the House Appropriations Committee's Subcommittee on Defense that ``virtual presence means actual absence. . . . Further reductions of both infrastructure and forces will reduce our access to key strategic locations during times of crisis''. (D) The former Commandant of the Marine Corps, General James Amos, testified at a hearing before the Senate Armed Services Committee that ``we are headed towards a force in not too many years that will be hollow back home and not ready to deploy . . . there would be no rotational relief like we had in Iraq and Afghanistan''. (E) The former commander of United States European Command, Admiral James Stavridis, recently stated that ``we're still at war . . . actively involved on multiple continents in real combat operations. We should not be drastically reducing our troop levels.''. SEC. 3. SENSE OF CONGRESS. Given the volatile, uncertain, and ambiguous world and the need for trained and ready Land Forces of the United States, in conjunction with joint and multinational forces, to deter threats, shape the international security environment, respond to emergent situations and crises, and, if necessary, to fight and win the Nation's wars, it is the sense of Congress that the planned drawdown of Land Forces should be immediately stopped. SEC. 4. FISCAL YEAR 2016 END-STRENGTH LEVELS FOR LAND FORCES OF THE UNITED STATES. (a) Active Forces.-- (1) Army.--The authorized end strength for Army active duty personnel as of September 30, 2016, is 480,000. (2) Marine corps.--The authorized end strength for Marine Corps active duty personnel as of September 30, 2016, is 184,000. (b) Selected Reserve.-- (1) Army reserve components.--The authorized end strength for Selected Reserve personnel of the Army reserve components as of September 30, 2016, are as follows: (A) The Army National Guard of the United States, 350,000. (B) The Army Reserve, 205,000. (2) Marine corps reserve.--The authorized end strength for Selected Reserve personnel of the Marine Corps Reserve as of September 30, 2016, is 38,900. SEC. 5. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following: ``(1) For the Army, 480,000. ``(2) For the Navy, 329,200. ``(3) For the Marine Corps, 184,000. ``(4) For the Air Force, 317,000.''. SEC. 6. STATEMENT OF POLICY. It is policy of the United States to pursue and maintain peace through strength. Therefore, any proposal to lower the end strength levels established by this Act and the amendments made by this Act must first be approved by Congress through the enactment of a law to that effect.
Protecting Our Security Through Utilizing Right-Sized End-Strength Act of 2016 or the POSTURE Act This bill expresses the sense of Congress that given the uncertain world and the need for trained and ready U.S. land force, the planned drawdown of land forces should be stopped. The bill sets forth: FY2016 Army, Marine Corps, and Selected Reserve strength levels; and Army, Navy, Marine Corps, and Air Force permanent active duty end strength minimum levels. Any proposal to lower the end strength levels established by this Act must first be approved by Congress through enactment of a law to that effect.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Portfolio Lending and Mortgage Access Act''. SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is amended by adding at the end the following: ``(4) Safe harbor.-- ``(A) In general.--A residential mortgage loan shall be deemed a qualified mortgage loan for purposes of this subsection if the loan-- ``(i) is originated by, and continuously retained in the portfolio of, a covered institution; ``(ii) is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3); ``(iii) is in compliance with the requirements related to points and fees under paragraph (2)(A)(vii); ``(iv) does not have negative amortization terms or interest-only terms; and ``(v) is a loan for which the covered institution considers, documents, and verifies the debt, income, and financial resources of the consumer in accordance with subparagraph (C). ``(B) Exception for certain transfers.-- Subparagraph (A) shall not apply to a residential mortgage loan if the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred-- ``(i) to another person by reason of the bankruptcy or failure of the covered institution that originated such loan; ``(ii) to an insured depository institution or insured credit union that has less than $10,000,000,000 in total consolidated assets on the date of such sale, assignment, or transfer, if the loan is retained in portfolio by such insured depository institution or insured credit union; ``(iii) pursuant to a merger of the covered institution that originated such loan with another person or the acquisition of a the covered institution that originated such loan by another person or of another person by a covered institution, if the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred; or ``(iv) to a wholly owned subsidiary of the covered institution that originated such loan if the loan is considered to be an asset of such covered institution for regulatory accounting purposes. ``(C) Consideration and documentation requirements.--The consideration and documentation requirements described in subparagraph (A)(v) shall-- ``(i) not be construed to require compliance with, or documentation in accordance with, appendix Q to part 1026 of title 12, Code of Federal Regulations, or any successor regulation; and ``(ii) be construed to permit multiple methods of documentation. ``(D) Definitions.--In this paragraph-- ``(i) the term `covered institution' means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets on the date on the origination of a residential mortgage loan; ``(ii) the term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(iii) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(iv) the term `interest-only term' means a term of a residential mortgage loan that allows one or more of the periodic payments made under the loan to be applied solely to accrued interest and not to the principal of the loan; and ``(v) the term `negative amortization term' means a term of a residential mortgage loan under which the payment of periodic payments will result in an increase in the principal of the loan.''. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.
Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Save Act of 2012''. SEC. 2. AUTHORITY TO DISCLOSE RETURN AND RETURN INFORMATION IN FEDERAL AND STATE PROSECUTION LAW ENFORCEMENT. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of certain return information in connection with identity theft and fraudulent returns.-- ``(A) In general.--In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. ``(B) Limitation on use of information.-- Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. ``(C) Requirements.--A request meets the requirements of this clause if-- ``(i) the request is made by the head of the agency (or his delegate) involved in such investigation, and ``(ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. ``(D) Notification.--The Secretary shall determine whether or not to grant the disclosure request described in subparagraph (A) and notify the petitioning law enforcement agency within 30 days of receiving the request. This determination shall be expedited in instances where the crimes of murder, murder for hire, or arson are involved as certified by the requesting agency's head.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting ``or (k)(11)'' after ``subsection (i)(7)(A)''. (2) Paragraph (4) of section 6103(p) of such Code is amended-- (A) in the matter preceding subparagraph (A) by inserting ``or (11)'' after ``(k)(10)'', and (B) in subparagraph (F)(ii) by striking ``or (10)'' and inserting ``(10) or (11)''. (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(k)(11),'' after ``(7)(A)(ii),''. (c) Effective Date.--The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in section 6103 of the Internal Revenue Code of 1986 may be construed to prohibit Federal law enforcement officials from coordinating with State and local law enforcement agencies already investigating related crimes. SEC. 3. LOCAL LAW ENFORCEMENT LIAISON. Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Local Law Enforcement Liaison.-- ``(1) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. ``(2) Duties.--The Local Law Enforcement Liaison shall-- ``(A) coordinate the investigation of tax fraud with State and local law enforcement agencies, ``(B) communicate the status of tax fraud cases involving identity theft, and ``(C) carry out such other duties as delegated by the Commissioner of Internal Revenue.''. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 6. STUDY ON THE USE OF E-FILING IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role filing tax returns electronically (e-filing) and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 7. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the previous two calendar years in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under subsection (b) the information described in subsection (a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 8. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of House Regarding State Prison Authorities.--It is the sense of the House that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 9. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and Federal, State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. Among the Federal agencies the Secretary shall consult in conducting the review are the following: (A) The Department of Veterans Affairs. (B) The Department of Justice. (C) The United States Postal Inspection Service. (D) The Social Security Administration. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
Protect and Save Act of 2012 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to disclose tax return information to federal and state law enforcement agencies to assist in the investigation of the misuse of the identity of another person for purposes of filing a false or fraudulent tax return, (2) direct the Commissioner of Internal Revenue to establish within the Criminal Investigation Division of the Internal Revenue Service (IRS) the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies, and (3) make permanent the authority of the Secretary to disclose tax return information to federal and state prison officials to prevent the filing of false or fraudulent tax returns by prison inmates. Requires the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current tax laws and regulations related to the confidentiality and disclosure of tax return information prevent the effective enforcement of federal, state, and local identity theft statutes. Requires the Comptroller General (GAO) to conduct a study and report on: (1) the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft, and (2) the role e-filing and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Requires the head of the Federal Bureau of Prisons to submit a detailed plan to Congress on how information obtained from the IRS will be used to reduce prison tax fraud.
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SECTION 1. DESIGNATION OF SALT POND VISITOR CENTER AT THE CAPE COD NATIONAL SEASHORE. (a) Findings.--Congress finds that-- (1) Thomas Phillip (``Tip'') O'Neill, Jr. was born on December 9, 1912, in a middle-class Irish neighborhood of North Cambridge, Massachusetts, to Thomas Phillip O'Neill, Sr. and Rose Ann O'Neill; (2) nicknamed ``Tip'' during his childhood, Tip O'Neill was educated in Roman Catholic schools, graduating from St. John's High School in 1931, where he was captain of the basketball team; (3) Tip O'Neill attended Boston College, where he ran for a Cambridge City Council seat during his senior year, his first attempt at running for office and only electoral defeat; (4) following his graduation from Boston College in 1936, Tip O'Neill was elected to the Massachusetts House of Representatives that same year as a New Deal Democrat whose political philosophy was shaped by his experience growing up in working-class Boston and his strong Catholic faith, which led him to view government as a means for helping the disadvantaged in society; (5) in 1949, Tip O'Neill became the first Democratic Speaker in the history of the Massachusetts State Legislature, serving as Speaker until 1952, when he ran successfully for the United States House of Representatives to fill the seat vacated by Senator-elect John F. Kennedy; (6) in 1958, inspired by the establishment of the Cape Hatteras National Seashore, a seashore park in the State of North Carolina, Representative Tip O'Neill, along with his close friend and colleague Representative Edward Boland, introduced legislation to protect land on Cape Cod as a national seashore; (7) in describing the area on Cape Cod referred to in paragraph (6), Henry David Thoreau wrote that ``[a] man may stand there and put all America behind him'', as the pristine sandy beach, marshes, ponds, and uplands supporting diverse species represent a unique, cherished jewel of nature; (8) the legislation referred to in paragraph (6) established a 40-mile National Park along the outer beach of Cape Cod, from the city of Chatham through the cities of Orleans, Eastham, Wellfleet, Truro, and Provincetown, including lighthouses, cultural landscapes, and wild cranberry bogs that offer a glimpse of the past and continuing ways of life of Cape Cod; (9) after introducing the legislation referred to in paragraph (6) in the 85th Congress, Tip O'Neill continued to advocate strongly for the establishment of the Cape Cod National Seashore, cosponsoring bills in the 86th and 87th Congresses, testifying at hearings, and working to advance the legislation through Congress; (10) the legislation to establish the Cape Cod National Seashore was intended to preserve one of the great natural marvels of the United States, including the unbroken beach and moors, marshes, forests, and freshwater ponds that are home to many species of birds, fish, animals, and plants; (11) on August 7, 1961, President Kennedy signed into law Public Law 87-126, which authorized the establishment the Cape Cod National Seashore; (12) in 1966, the Cape Cod National Seashore was formally established, and Representative O'Neill attended the May 30, 1966, ceremony inaugurating the Salt Pond Visitor Center; (13) the Cape Cod National Seashore has become a national treasure, with millions of Americans and visitors from around the world enjoying the beauty and remarkable biodiversity of the Cape Cod National Seashore; (14) Tip O'Neill and his family maintained a home on Cape Cod in Harwich Port, and he was a frequent visitor to the National Seashore throughout his service in Congress and his retirement; (15) while a Member of Congress, Tip O'Neill rose quickly through the leadership ranks due to his extraordinary political skills, mastery of the legislative process, and sharp wit, serving first as Majority Whip in the House of Representatives beginning in 1971 and then, in 1973, as House Majority Leader; (16) one of Tip O'Neill's greatest accomplishments as Speaker was the crafting of a peace accord between warring factions in Northern Ireland, during which he worked with fellow Irish-American politicians, including Senator Edward M. Kennedy, to develop the ``St. Patrick's Day declaration'', which denounced violence in Northern Ireland and culminated with the Irish aid package on the signing of the Anglo-Irish Agreement in 1985; (17) on January 3, 1987, Tip O'Neill retired from Congress, having served in public life for 50 years, including 34 years as a Member of Congress and 10 years as Speaker of the House, the longest continuous term of any Speaker since the first Congress met in 1789; (18) Tip O'Neill's extraordinary record of public service to the United States and tremendous accomplishments and unmatched attention to the needs of his constituents led President George H.W. Bush in 1991 to present Tip O'Neill with the Presidential Medal of Freedom, the highest civilian award in the United States; and (19) it is fitting to recognize the support of Tip O'Neill for the protection of the natural, historic, and cultural resources of the National Parks of the State of Massachusetts. (b) Designation.--The Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, is designated as the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''. (c) References.--Any reference to the Salt Pond Visitor Center at Cape Cod National Seashore in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''. (d) Signage.--The Secretary of the Interior may post an interpretive sign at the visitor center described in this section that-- (1) includes information on Thomas P. O'Neill, Jr. and his contributions as a Member of the United States House of Representatives; (2) includes an image of Thomas P. O'Neill, Jr.; and (3) refers to the efforts of Thomas P. O'Neill, Jr. to aid in the preservation of the Cape Cod National Seashore and other National Parks in the State of Massachusetts.
Designates the Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, as the "Thomas P. O'Neill, Jr. Salt Pond Visitor Center".
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Sewer Overflow Control and Partnership Act of 1998''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued pursuant to this Act for a discharge from a combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994. ``(2) Term of permit, order, or decree.-- ``(A) Authority to issue.--Notwithstanding any schedule for compliance authorized by section 301(b), or any permit limitation authorized by subsection (b)(1)(B) of this section, the Administrator or the State (in the case of a State with a program approved under subsection (b)) may issue or execute a permit, order, or decree consistent with this section for a discharge from a combined storm and sanitary sewer. ``(B) Schedule for compliance.-- ``(i) In general.--A permit, order, or decree issued pursuant to subparagraph (A) shall include a schedule for compliance, within a period of not to exceed 15 years, with a long-term control plan under the Control Policy referred to in paragraph (1). ``(ii) Exception.--Notwithstanding clause (i), a compliance schedule of longer than 15 years may be granted if the owner or operator demonstrates to the satisfaction of the Administrator or the State, as appropriate, reasonable further progress towards compliance with a long-term plan under the Control Policy and if the Administrator or the State, as appropriate, determines-- ``(I) that compliance within 15 years is not within the economic capability of the owner or operator; or ``(II) that a longer period is otherwise appropriate. ``(3) Savings clause.--Any administrative or judicial decree or order issued before the date of enactment of this subsection establishing any deadline, schedule, or timetable for the construction of treatment works for control of any discharge from a municipal combined sewer system may, at the request of the municipal owner or operator, be modified to extend any such deadline, schedule, or timetable to conform with the requirements of paragraph (2). ``(4) Water quality standards-designated use review.--No permit, order, or decree issued pursuant to this Act shall require compliance with water quality based requirements contained in a long-term control plan under the Control Policy referred to in paragraph (1) unless the Administrator or the State, as appropriate, has completed the water quality standards-designated use review process called for in the Control Policy, including the adoption of any refinements needed to reflect the site-specific wet weather impacts of combined sewer overflows and to ensure that the long-term control plan provides for cost-effective compliance with water quality standards. Consideration shall be given to conducting these reviews on a watershed basis where appropriate. Nothing in this subsection may be construed to affect either the authority to conduct or scheduling of water quality standard reviews required under section 303(c). ``(5) Grants.-- ``(A) In general.--The Administrator may make grants to any municipality or municipal entity for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. ``(B) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant made under subparagraph (A) shall be at least 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $500,000,000 for fiscal year 1999, $750,000,000 for fiscal year 2000, and $1,000,000,000 for fiscal year 2001. Such sums shall remain available until expended. ``(D) Reports.--On or before January 1, 2001, and once every 2 years thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for the 2 fiscal years following the date of the report for activities relating to combined storm and sanitary sewer flows described in subparagraph (A).''.
Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 1999 through 2001. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment and Economic Security Act of 2014''. SEC. 2. REVIEW OF GREENFIELD INVESTMENTS. Section 721(a)(3) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(a)(3)) is amended-- (1) by striking ``means any merger'' and inserting the following: ``means-- ``(A) any merger''; (2) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(B) any construction of a new facility in the United States by any foreign person.''. SEC. 3. NET BENEFIT REVIEW. (a) In General.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) in subsection (b)-- (A) in the heading for such subsection, by inserting ``and Net Benefit'' after ``National Security''; (B) in paragraph (1)-- (i) in the heading for such paragraph, by inserting ``and net benefit'' after ``National security''; (ii) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: ``(i) shall-- ``(I) review the covered transaction to determine the effects of the transaction on the national security of the United States; and ``(II) consider the factors specified in subsection (f) for such purpose, as appropriate; and ``(ii) shall review the covered transaction to determine whether such transaction is of net benefit to the United States, as provided under subsection (o).''; and (iii) by adding at the end the following: ``(G) Mandatory net benefit review for certain covered transactions.--The President and the Committee shall initiate a net benefit review of a covered transaction under subparagraph (A)(ii) if such transaction meets the requirements of paragraphs (1) and (2) of section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)).''; and (C) in paragraph (3)(A), by inserting ``national security'' before ``review'' each place it appears in the heading and text of such subparagraph; and (2) by adding at the end the following: ``(o) Performance of Net Benefit Determination.-- ``(1) Factors to be considered.--For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii), the President, acting through the Committee, shall consider-- ``(A) the effect on the level of economic activity in the United States on-- ``(i) the level and quality of employment; ``(ii) resource processing; ``(iii) the utilization of parts and services produced in the United States; ``(iv) the utilization of products, parts, and services imported into the United States; and ``(v) exports from the United States; ``(B) the effect of the proposed or pending transaction on productivity, industrial efficiency, technological development, technology transfers, and product innovation in the United States; ``(C) the effect of the proposed or pending transaction on competition within any industry in the United States or between the United States and other countries; ``(D) the compatibility of the proposed or pending transaction with national industrial, economic, and cultural policies; ``(E) the effect on the public health, safety, and well-being of United States consumers; ``(F) in the case of a covered transaction that is a foreign government-influenced transaction-- ``(i) the governance and commercial orientation of the foreign person engaging in such transaction; ``(ii) how and the extent to which the foreign person engaging in such transaction is owned or controlled by a foreign government or its conduct and operations are influenced by a foreign government, including considering the stated government policies of the country of origin of the foreign person regarding government support or policies relating to the economic sector involved in such transaction; ``(iii) whether the foreign person engaging in such transaction-- ``(I) adheres to United States standards of corporate governance (including commitments to transparency and disclosure, independent members of the board of directors, independent audit committees, and equitable treatment of shareholders); ``(II) adheres to United States laws and practices; and ``(III) is a foreign person of a country whose government has adequately engaged with the Securities and Exchange Commission and the Public Company Accounting Oversight Board in order to promote and ensure adequate transparency; and ``(iv) whether the foreign person engaging in such transaction will likely operate on a commercial basis if such transaction is completed, including with regard to-- ``(I) where to export; ``(II) where to process; ``(III) the participation of United States citizens in its operations in the United States and elsewhere; ``(IV) the impact of the investment on productivity and industrial efficiency in the United States; ``(V) support of on-going innovation, research, and development in the United States; ``(VI) sourcing patterns; and ``(VII) the appropriate level of capital expenditures to maintain the United States business in a globally competitive position; and ``(G) such other factors as the Committee determines appropriate. ``(2) Determining net benefit.--In making a net benefit determination under subsection (b)(1)(A)(ii)-- ``(A) judgments will be made both in measuring the effects of a proposed or pending transaction in relation to the relevant individual factors under paragraph (1) and in measuring the aggregate net effect after offsetting the negative effects, if any, against the positive ones; and ``(B) a proposed or pending transaction will be determined to be of net benefit to the United States when the aggregate net effect is positive, regardless of its extent over the short- and long-term. ``(3) Right to appeal; final determination.-- ``(A) Appeal of determination.--If the Committee makes a determination that the covered transaction will not be of net benefit to the United States, the parties to the covered transaction may, within the 30-day period following such determination, submit additional information to the Committee to demonstrate that the transaction will be of net benefit to the United States. ``(B) Final determination.--The Committee shall-- ``(i) make a final determination of whether the covered transaction will be of net benefit to the United States before the end of the 30- day period beginning on the date that additional information is submitted pursuant to subparagraph (A); and ``(ii) if such determination is that the covered transaction will not be of net benefit to the United States, refer such determination to the President. ``(4) Certifications to congress.--Notwithstanding subsection (b)(3), upon a final determination by the Committee under this subsection, the chairperson and the head of the lead agency shall make certifications to the Congress on the net benefit determination that are as close as practicable to the certifications required under subsection (b)(3) for the national security review. ``(5) Action by president after net benefit review.-- ``(A) In general.--If the Committee refers a determination to the President pursuant to paragraph (3)(ii), the President shall, within the 15-day period beginning on the date of such referral, review such determination and announce whether the President determines the covered transaction is of net benefit to the United States. ``(B) Factors to be considered.--For purposes of making a determination under subparagraph (A), the President shall consider, among other factors each of the factors described in paragraph (1), as appropriate. ``(C) Prohibition of certain transactions.--If the President, pursuant to subparagraph (A), determines that a covered transaction is not of net benefit to the United States, such covered transaction is prohibited. ``(D) Enforcement.--The President shall direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this paragraph. ``(E) Determinations nonreviewable.--A determination of the President under this paragraph shall not be subject to judicial review. ``(6) Committee membership for purposes of a net benefit determination.--For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii) and this subsection, the Committee shall be composed of the following members or the designee of any such member: ``(A) The Attorney General of the United States. ``(B) The Secretary of Commerce. ``(C) The Secretary of Labor. ``(D) The Secretary of the Treasury. ``(E) The United States Trade Representative. ``(F) If the President determines that the covered transaction may affect the agricultural sector, including food safety, the Secretary of Agriculture. ``(G) If the President determines that the covered transaction may affect the public health, including food safety, the Secretary of Health and Human Services. ``(7) Foreign government-influenced transaction defined.-- For purposes of this subsection, the term `foreign government- influenced transaction' means any covered transaction where the foreign person engaging in such transaction is owned, controlled, or influenced, directly or indirectly, by a foreign government.''. (b) Rulemaking.--Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the President shall issue regulations to carry out section 721(o) of the Defense Production Act of 1950, as added by subsection (a).
Foreign Investment and Economic Security Act of 2014 - Amends the Defense Production Act of 1950 to provide for: (1) national security reviews of transactions involving the construction of a new facility in the United States by any foreign person (currently, national security reviews are conducted only for certain mergers, acquisitions, or takeovers by or with a foreign person); and (2) net benefit reviews of new construction, mergers, acquisitions, or takeovers by or with a foreign person to determine whether the transaction is of net benefit to the United States. Makes net benefit reviews mandatory for transactions that meet specified requirements under the Clayton Act. Directs the Committee on Foreign Investment in the United States, for purposes of carrying out net benefit determinations, to consider the effect of the proposed or pending transaction on: (1) employment, resource processing, the utilization of parts and services produced in or imported into the United States, and U.S. exports; (2) industrial efficiency, technological development, technology transfers, and product innovation in the United States; (3) competition within any U.S. industry or between the United States and other countries; (4) compatibility with national industrial, economic, and cultural policies; and (5) public health, safety, and well-being of U.S. consumers. Requires the Committee, in the case of a net benefit determination concerning a foreign government-influenced transaction, to consider additional factors including: the governance and commercial orientation of the foreign person engaging in such transaction; the extent to which the foreign person is owned, controlled, or influenced by the foreign government; and adherence to U.S. law and corporate governance standards, engagement of the foreign country with the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board, and the likelihood of operation on a commercial basis. Requires final determinations of the Committee to be certified to Congress. Requires the Committee to refer to the President any of the Committee's final determinations that a transaction will not be of net benefit to the United States. Requires the President to announce the determination regarding such transactions. Prohibits transactions that the President determines are not of net benefit to the United States. Requires the President to direct the Attorney General (DOJ) to seek appropriate relief in U.S. district courts to implement and enforce this Act. Bars judicial review of such determinations. Revises, for purposes of carrying out net benefit determinations, the composition of the Committee.
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on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, combined, established by title II of the Social Security Act;''. (c) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 3. REMOVING SOCIAL SECURITY FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act (including the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) and the related provisions of the Internal Revenue Code of 1986. (b) Separate Social Security Budget Documents.--The excluded outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act shall be submitted in separate Social Security budget documents. SEC. 4. ESTABLISHMENT OF DEBT REDUCTION LOCKBOX. (a) Establishment of Debt Reduction Lockbox.--(1) Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1120. Debt reduction lockbox ``(a) There is established within the Treasury a separate account to be known as the `Debt Reduction Lockbox', which shall be used to retire publicly held debt obligations of the United States Government. ``(b) Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Debt Reduction Lockbox the following amounts: ``(1) For fiscal year 2000, $7,000,000,000. ``(2) For fiscal year 2001, $19,000,000,000. ``(3) For fiscal year 2002, $41,000,000,000. ``(4) For fiscal year 2003, $37,500,000,000. ``(5) For fiscal year 2004, $42,500,000,000. ``(6) For fiscal year 2005, $46,000,000,000. ``(7) For fiscal year 2006, $64,500,000,000. ``(8) For fiscal year 2007, $73,000,000,000. ``(9) For fiscal year 2008, $78,500,000,000. ``(10) For fiscal year 2009, $89,000,000,000. ``(c) The Secretary of the Treasury shall use all funds in the Debt Retirement Account to purchase publicly held debt obligations of the United States or to redeem maturing publicly held debt obligations when they become due. For such purpose, such obligations may be acquired only by purchase of outstanding obligations at the market price. ``(d)(1) Before the submission of the President's budget under section 1105(a) for each of the fiscal years 2001 through 2004, the amount in subsection (b) for each fiscal year through 2004 shall be adjusted by an amount equal to the change in the budget surplus for that fiscal year as a result of economic and technical changes determined by the Office of Management and Budget pursuant to paragraph (2). In no event shall any such adjustment be made that would cause the Deficit Reduction Lockbox to be less than zero. ``(2) At the end of each fiscal year, the Director of the Office of Management and Budget shall compute the projected budget surplus for the fiscal year using up-to-date economic and technical assumptions. Such director shall calculate the changes in the projected budget surplus as a result of differences in economic and technical assumptions contained in the report issued by the Director of the Congressional Budget Office in `The Economic and Budget Outlook: An Update', published on July 1, 1999. The Director of the Office of Management and Budget shall compute the difference (if any) in the budget surplus projections as a result of economic and technical changes from the economic and technical assumptions used in such report. ``(e) Notwithstanding any other provision of law, the amounts in the Debt Reduction Lockbox-- ``(1) shall not be available for appropriation, obligation, expenditure, or transfer, except as specified in subsection (c); and ``(2) shall be exempt from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be excluded from and not taken into account for purposes of any budget enforcement procedures under that part.''. (2) Conforming Amendment.--The chapter analysis for chapter 11 of title 31, United States Code, is amended by adding after the item relating to section 1119 the following new item: ``1120. Debt Reduction Lockbox.''. (b) Listing of the Account Among Government Trust Funds.--Section 1321(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(92) Debt Reduction Lockbox.''. (c) Requirement for the President To Report Annually on the Status of the Lockbox.--Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph (30) the following new paragraph: ``(31) information about the Debt Reduction Lockbox, including a separate statement of amounts in and Federal debt redeemed by that Lockbox.''. SEC. 5. PROTECTION OF DEBT REDUCTION LOCKBOX. (a) Points of Order To Protect Debt Reduction Lockbox.--Section 312 of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by adding at the end the following new subsection: ``(h) Points of Order To Protect Debt Reduction Lockbox.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would set forth an amount in the Debt Reduction Lockbox for any fiscal year that is less than the amount set forth in section 1120 of title 31, United States Code. ``(2) Subsequent legislation.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A) the enactment of that bill or resolution as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause an on-budget surplus for any fiscal year that is less than the amount set forth in the most recent concurrent resolution on the budget for the Debt Reduction Lockbox. ``(3) Definition.--For purposes of this section, the term `on-budget surplus', when applied to a fiscal year, means the surplus in the budget as set forth in the most recently agreed to concurrent resolution on the budget pursuant to section 301(a)(3) for that fiscal year.''. (b) Content of Concurrent Resolution on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively, and by inserting after paragraph (6) the following new paragraph: ``(7) the amount of the Debt Reduction Lockbox;''. (c) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''. SEC. 6. DEBT REDUCTION DIVIDEND FOR SOCIAL SECURITY. (a) Funds To Be Reserved for Social Security and Medicare Reform.-- Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following new subsection: ``(n) Debt Reduction Dividend.--(1) The Secretary of the Treasury shall determine on or before October 1 of each fiscal year the debt reduction dividend for such fiscal year. The debt reduction dividend for a fiscal year is an amount equal to the excess of-- ``(A) $229,000,000,000, over ``(B) total net interest expenditures by the Federal Government during the preceding fiscal year. ``(2) There is hereby reserved for social security and medicare reform for each fiscal year beginning on or after October 1, 1999, amounts equal in the aggregate to 100 percent of the debt reduction dividend for such fiscal year. Of the amounts so reserved, 75 percent is for social security reform and 25 percent for medicare reform.''. (b) Paygo Exemption.--(1) Any transfer of funds to the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund or to the Federal Hospital Insurance Trust Fund equal to or less than the amount reserved in section 201(n) of the Social Security Act for each such fund that are included in social security reform legislation or medicare reform legislation, as applicable, shall not count as an outlay for purpose of the pay-as-you- go requirement contained in section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be exempt from any sequestration under that Act. (2)(A) For purposes of paragraph (1), the term ``social security reform legislation'' refers to legislation that the chief actuary of the Social Security Administration certifies legislation extends the solvency of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, taken together, for 75 years. (B) For purposes of paragraph (1), the term ``medicare reform legislation'' refers to legislation that the chief actuary of the Health Care Financing Administration certifies extends the solvency of the Federal Hospital Insurance Trust Fund for 20 years.
Makes it out of order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would cause or increase an on-budget deficit for any fiscal year. Includes the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors and Disability Insurance Trust Funds within the content of the concurrent budget resolution. (Sec. 3) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Old-Age, Survivors, and Disability Insurance Program under the Social Security Act. Requires such outlays and receipts to be submitted in separate social security budget documents. (Sec. 4) Amends Federal public finance provisions to establish a Debt Reduction Lockbox within the Treasury to retire publicly held debt obligations of the U.S. Government. Appropriates funds to the Lockbox for FY 2000 through 2009. Requires the Director of the Office of Management and Budget (OMB) to: (1) compute the projected budget surplus for the fiscal year using up-to-date economic and technical assumptions; (2) calculate the changes in the projected surplus as a result of differences in economic and technical assumptions contained in a Congressional Budget Office report entitled "The Economic and Budget Outlook: An Update;" and (3) compute any difference in projections as a result of such changes from the assumptions used in the report. Adjusts amounts provided for the Lockbox for FY 2001 through 2004 by an amount equal to the change in the budget surplus for that fiscal year as a result of the changes determined by OMB. Provides that amounts in the Lockbox shall be unavailable for appropriation, obligation, expenditure, or transfer, except as specified, and shall be exempt from reduction under orders issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and not taken into account for purposes of budget enforcement procedures under such part. Requires the President to include information about the Lockbox in the annual budget submission. (Sec. 5) Provides a point of order in the House and the Senate against consideration of: (1) any concurrent budget resolution (or related conference report or amendment) that would set forth an amount in the Lockbox for any fiscal year that is less than the amount set forth in this Act; or (2) legislation that would cause an on- budget surplus for any fiscal year that is less than the amount set forth in the most recent concurrent budget resolution for the Lockbox. Includes the amount of the Lockbox within the content of the concurrent budget resolution. Authorizes a waiver or suspension in the Senate of points of order under this Act only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order. (Sec. 6) Amends the Social Security Act to require the Secretary of the Treasury to determine, before October 1 of each fiscal year, the debt reduction dividend for such fiscal year. Provides that such dividend is equal to the excess of $229 billion over total net interest expenditures by the Federal Government during the preceding fiscal year. Reserves for social security and Medicare reform for each fiscal year beginning on or after October 1, 1999, amounts equal to 100 percent of such dividend for such fiscal year. Allocates 75 percent to social security reform and 25 percent to Medicare reform. Provides that any transfer of funds to the Old-Age and Survivors and Disability Insurance Trust Funds or to the Federal Hospital Insurance Trust Fund equal to or less than the amount reserved under this section for each such fund that are included in social security or Medicare reform legislation, as applicable, shall not count as an outlay for purposes of a pay-as-you-go requirement under the Gramm-Rudman-Hollings Act and shall be exempt from sequestration. Defines: (1) "social security reform legislation" as legislation that the chief actuary of the Social Security Administration certifies extends the solvency of the Old-Age and Survivors and Disability Insurance Trust Funds, taken together, for 75 years; and (2) "Medicare reform legislation" as legislation that the chief actuary of the Health Care Financing Administration certifies extends the solvency of the Federal Hospital Insurance Trust Fund for 20 years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Caucasus Policy Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The newly independent countries of the South Caucasus region, Armenia, Georgia, and Azerbaijan, after decades of domination as part of the Soviet Union, have charted a new course as independent, sovereign nations. (2) Economic interdependence spurred mutual cooperation among the peoples of the Caucasus and restoration of the historic relationships and economic ties between those peoples is an important element of ensuring their sovereignty as well as the success of democratic and market reforms. (3) The development of strong political and economic ties between countries of the South Caucasus and the West will foster stability in the region. (4) The development of open market economies, open democratic systems, and the removal of all blockades and border closures in the countries of the South Caucasus will provide positive incentives for international private investment, increased trade, and other forms of commercial interactions with the rest of the world. (5) The Caspian Sea Basin, overlapping the territory of the countries of the South Caucasus and Central Asia, contains significant oil and gas reserves. (6) The region of the South Caucasus and the neighboring region of Central Asia may produce oil and gas in sufficient quantities to reduce the dependence of the United States on energy from the volatile Persian Gulf region. (7) United States foreign policy and international assistance should support democracy-building, free-market policies, human rights, and regional economic integration among the countries of the South Caucasus. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States in the countries of the South Caucasus-- (1) to promote and strengthen independence, sovereignty, democratic government, and respect for human rights; (2) to assist actively in the resolution of regional conflicts and the lifting of all blockades and re-opening of closed borders; (3) to promote friendly relations and economic cooperation; (4) to help promote market-oriented principles and practices; (5) to assist in the development of the infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong international relations and commerce between those countries and the stable, democratic, and market-oriented countries of the Euro-Atlantic Community; and (6) to support United States business interests and investments in the region. SEC. 4. UNITED STATES EFFORTS TO RESOLVE CONFLICTS IN GEORGIA AND AZERBAIJAN. It is the sense of Congress that the President should use all diplomatic means practicable, including the engagement of senior United States Government officials, to press for an equitable, fair, and permanent resolution acceptable to all parties to the conflict in Nagorno-Karabakh and other regional conflicts. SEC. 5. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new chapter: ``Chapter 12--Support for the Economic and Political Independence of the Countries of the South Caucasus ``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND RECOVERY FROM REGIONAL CONFLICTS. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to create the basis for reconciliation between conflicting parties; ``(2) to promote economic development in areas of the countries of the South Caucasus impacted by civil conflict and war; and ``(3) to encourage broad regional cooperation among countries of the South Caucasus that have been destabilized by internal conflicts. ``(b) Authorization for Assistance.-- ``(1) In general.--To carry out the purposes of subsection (a), the President is authorized to provide humanitarian assistance and economic reconstruction assistance under this Act, and assistance under the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), to the countries of the South Caucasus to support the activities described in subsection (c). ``(2) Definition of humanitarian assistance.--In this subsection, the term `humanitarian assistance' means assistance to meet urgent humanitarian needs, in particular meeting needs for food, medicine, medical supplies and equipment, and clothing. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to-- ``(1) providing for the essential needs of victims of the conflicts and other individuals in need throughout the South Caucasus region, including all individuals residing in any area of such conflicts; ``(2) facilitating the return of refugees and internally displaced persons to their homes; and ``(3) assisting in the reconstruction of residential and economic infrastructure destroyed by war. ``(d) Policy.--It is the sense of Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. ``SEC. 499A. ECONOMIC ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to foster the conditions necessary for regional economic cooperation in the South Caucasus. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide technical assistance to the countries of the South Caucasus to support the activities described in subsection (c). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to the development of the structures and means necessary for the growth of private sector economies based upon market principles; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States should-- ``(1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; ``(2) provide permanent nondiscriminatory trade treatment (MFN status) to the countries of the South Caucasus; and ``(3) consider the establishment of zero-to-zero tariffs between the United States and the countries of the South Caucasus. ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus; and ``(2) to encourage closer economic relations between those countries and the United States and other developed nations. ``(b) Authorization for Assistance.--To carry out the purposes of subsection (a), the following types of assistance to the countries of the South Caucasus are authorized to support the activities described in subsection (c): ``(1) Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export- Import Bank Act of 1945. ``(2) The provision of insurance, reinsurance, financing, or other assistance by the Overseas Private Investment Corporation. ``(3) Assistance under section 661 of this Act (relating to the Trade and Development Agency). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to promoting actively the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, and energy and trade including highways, railroads, port facilities, shipping, banking, insurance, telecommunications networks, and gas and oil pipelines; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States representatives at the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. ``SEC. 499C. SECURITY ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to assist countries of the South Caucasus to secure their borders and implement effective controls necessary to prevent the trafficking of illegal narcotics and the proliferation of technology and materials related to weapons of mass destruction (as defined in section 2332a(c)(2) of title 18, United States Code), and to contain and inhibit transnational organized criminal activities. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus to support the activities described in subsection (c): ``(1) Assistance under chapter 5 of part II of this Act (relating to international military education and training). ``(2) Assistance under chapter 8 of this part of this Act (relating to international narcotics control assistance). ``(3) The transfer of excess defense articles under section 516 of this Act (22 U.S.C. 2321j). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to assisting those countries of the South Caucasus in developing capabilities to maintain national border guards, coast guard, and customs controls; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. ``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF CIVIL SOCIETY. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to promote institutions of democratic government and to create the conditions for the growth of pluralistic societies, including religious tolerance. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus. ``(1) Technical assistance for democracy building. ``(2) Technical assistance for the development of nongovernmental organizations. ``(3) Technical assistance for development of independent media. ``(4) Technical assistance for the development of the rule of law. ``(5) International exchanges and advanced professional training programs in skill areas central to the development of civil society. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to activities that directly and specifically are designed to advance progress toward the development of democracy. ``(d) Policy.--It is the sense of Congress that the Voice of America and RFE/RL, Incorporated, should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. ``SEC. 499E. INELIGIBILITY FOR ASSISTANCE. ``(a) In General.--Except as provided in subsection (b), assistance may not be provided under this chapter for a country of the South Caucasus if the President determines and certifies to the appropriate congressional committees that the country-- ``(1) is engaged in a consistent pattern of gross violations of internationally recognized human rights; ``(2) has established any border closure or use of an economic or commercial blockade; ``(3) has, on or after the date of enactment of this chapter, knowingly transferred to another country-- ``(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime (as defined in section 11B(c) of the Export Administration Act of 1979 950 U.S.C. App. 2410b(c); or ``(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapons; ``(4) has supported acts of international terrorism; ``(5) is prohibited from receiving such assistance by chapter 10 of the Arms Export Control Act or section 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)(1), 5605); or ``(6) has initiated an act of aggression against another state or ethnic population in the region. ``(b) Exception to Ineligibility.--Notwithstanding subsection (a), assistance may be provided under this chapter if the President determines and certifies in advance to the appropriate congressional committees that the provision of such assistance is important to the national interest of the United States. ``SEC. 499F. ADMINISTRATIVE AUTHORITIES. ``(a) Assistance Through Governments and Nongovernmental Organizations.--Assistance under this chapter may be provided to governments or through nongovernmental organizations. ``(b) Use of Economic Support Funds.--Except as otherwise provided, any funds that have been allocated under chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter. ``(c) Terms and Conditions.--Assistance under this chapter shall be provided on such terms and conditions as the President may determine. ``(d) Superseding Existing Law.--The authority to provide assistance under this chapter supersedes any other provision of law, except for-- ``(1) this chapter; ``(2) section 634A of this Act and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act; ``(3) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5812 note; relating to restriction on assistance to Azerbaijan); and ``(4) section 1341 of title 31, United States Code (commonly referred to as the ``Anti-Deficiency Act''), the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. ``SEC. 499G. DEFINITIONS. ``In this chapter: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. ``(2) Countries of the south caucasus.--The term `countries of the South Caucasus' means Armenia, Azerbaijan, and Georgia.''. SEC. 6. ANNUAL REPORT. Beginning one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees-- (1) identifying the progress of United States foreign policy to accomplish the policy identified in section 3; (2) evaluating the degree to which the assistance authorized by chapter 12 of part I of the Foreign Assistance Act of 1961, as added by section 5 of this Act, was able to accomplish the purposes identified in those sections; and (3) recommending any additional initiatives that should be undertaken by the United States to implement the policy and purposes contained in this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Central asia.--The term ``Central Asia'' means Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan. (3) Countries of the south caucasus.--The term ``countries of the South Caucasus'' means Armenia, Azerbaijan, and Georgia.
United States-Caucasus Policy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance, to the countries of the South Caucasus (Armenia, Azerbaijan, and Georgia) and of Central Asia (Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan) to: (1) promote sovereignty and independence, democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and re-opening of closed borders; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. (Sec. 4) Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflict in Nagorno-Karabakh (Armenia and Azerbaijan) and other regional conflicts. (Sec. 5) Declares the sense of the Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. Declares the sense of the Congress that the United States should: (1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; (2) provide permanent nondiscriminatory trade treatment (most-favored-nation status) to such countries; and (3) consider the establishment of zero-to-zero tariffs between them and the United States. Declares the sense of the Congress that the U.S. representatives to the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. Declares the sense of the Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. Declares the sense of the Congress that the Voice of America and Radio Free Europe-Radio Liberty should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. Prohibits, unless important to the U.S. national interest, assistance to such countries if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have established any border closure or use of an economic blockade; (3) have knowingly transferred controlled missile or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (4) have supported acts of international terrorism; (5) are prohibited from receiving such assistance by specified Acts; or (6) have initiated an act of aggression against another state in the region. (Sec. 6) Directs the President to report annually to appropriate congressional committees.
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